Arkansas Administrative Code

20 CAR § 860-1207. Minimum record keeping requirements. All licensed training providers must comply with the following minimum record keeping requirements: (1)(A) Training course materials. (B) A licensed training provider must retain copies of all instructional materials used in…

20 CAR § 860-1208. Accreditation certificates. Each individual who successfully completes the requirements of a training course shall be presented with an accreditation certificate which contains the following information: (1) The name of the individual who is being awarded the a…

20 CAR § 860-1301. Training course content — Worker. The worker training course shall adequately address the following topics: (1) Physical characteristics of asbestos: (A) Identification of asbestos; (B) Aerodynamic characteristics; (C) Typical uses; (D) Physical appearance; and…

20 CAR § 860-1302. Training course content — Contractor/supervisor. The contractor/supervisor training course shall adequately address the following topics: (1) The physical characteristics of asbestos and ACM: (A) Identification of asbestos; (B) Aerodynamic characteristics; (C) …

20 CAR § 860-1303. Training course content — Inspector. The inspector training course shall adequately address the following topics: (1) Background information on asbestos: (A) Identification of asbestos and examples; (B) Discussion of the uses and locations of asbestos in buildi…

20 CAR § 860-1304. Training course content — Management planner. The management planner training course shall adequately address the following topics: (1)(A) Course overview. (B) The role and responsibilities of the management planner: (i) Operations and maintenance programs; (ii…

20 CAR § 860-1305. Training course content — Project designer. The project designer training course shall adequately address the following topics: (1) Background information on asbestos: (A) Identification of asbestos; (B) Examples and discussion of the uses and locations of asbe…

20 CAR § 860-1306. Training course content — Air monitor. The air monitor training course shall adequately address the following topics: (1) Generally, types of air monitoring: (A) Personal air monitoring; (B) Area air monitoring; (C) Preclearance air monitoring; and (D) Clearanc…

20 CAR § 860-1307. Out-of-state training. (a) Arkansas regulatory awareness training course is a two-hour course for individuals who have successfully completed an ASHARA-approved training course conducted by a training provider not licensed in accordance with this part. (b) The …

20 CAR § 860-1401. Refresher training. (a) Asbestos abatement contractor/supervisors, inspectors, management planners, project designers, and workers shall annually attend a refresher training course for reaccreditation in their respective disciplines, with the exception that air…

20 CAR § 860-1402. Refresher training — Minimum length. The minimum length for each refresher course for each discipline shall be as follows: (1) For workers, one (1) full day (eight [8] hours); (2) For contractor/supervisors, one (1) full day (eight [8] hours); (3) For inspector…

20 CAR § 860-1403. Refresher training — Minimum requirements. Each refresher training course shall, at a minimum, address the following: (1) Changes in federal and state regulations; (2) Developments in state-of-the-art procedures; and (3) Review of key aspects of the initial tra…

20 CAR § 860-1404. Separate refresher courses. Refresher courses shall be conducted as separate and distinct courses and shall not be combined with any other training during the period of the refresher course.

20 CAR § 860-1501. Denial, suspension, and revocation. The Division of Environmental Quality may deny the application, suspend, or revoke the license or certification of asbestos abatement contractors, asbestos abatement consultants, air monitors, contractor/supervisors, inspecto…

20 CAR § 860-1502. Nonaccredited persons. The following persons are not accredited for purposes of this rule: (1) Any person who obtains accreditation through fraudulent representation of training or examination documents; (2) Any person who obtains training documentation through…

20 CAR § 860-1503. Training licensing. Training course approval or training provider licensing may be revoked for the following reasons: (1) Misrepresentation of the extent of a training course’s approval pursuant to this rule; (2) Failure to submit required information or notifi…

20 CAR § 860-1601. Fee assessment — Generally. In order to support the costs of operating the asbestos program in the State of Arkansas, the Division of Environmental Quality will assess the fees as described in this subpart.

20 CAR § 860-1602. Asbestos abatement consultant fee. Any asbestos abatement consultant desiring a license to conduct asbestos abatement activities will be assessed an annual fee of three hundred seventy-five dollars ($375).

20 CAR § 860-1603. Asbestos abatement contractor fee. Any asbestos abatement contractor desiring a license to conduct asbestos abatement activities will be assessed an annual fee of three hundred seventy-five dollars ($375).

20 CAR § 860-1604. Training provider fee. Any training provider desiring a license to conduct asbestos training courses will be assessed an annual fee of three hundred seventy-five dollars ($375).

20 CAR § 860-1605. Air monitor fee. Any person desiring certification as an air monitor will be assessed an annual fee of one hundred fifteen dollars ($115).

20 CAR § 860-1606. Contractor/supervisor fee. Any person desiring certification as a contractor/supervisor will be assessed an annual fee of one hundred fifteen dollars ($115).

20 CAR § 860-1607. Inspector fee. Any person desiring certification as an inspector will be assessed an annual fee of one hundred fifteen dollars ($115).

20 CAR § 860-1608. Management planner fee. Any person desiring certification as a management planner will be assessed an annual fee of one hundred fifteen dollars ($115).

20 CAR § 860-1609. Project designer fee. Any person desiring certification as a project designer will be assessed an annual fee of one hundred fifteen dollars ($115).

20 CAR § 860-1610. Worker fee. Any person desiring certification as a worker will be assessed an annual fee of twenty-five dollars ($25.00).

20 CAR § 860-1611. Multiple certificates fees. Any person desiring certification in two (2) or more disciplines, including air monitor, contractor/supervisor, inspector, management planner, or project designer will be assessed a one hundred fifteen dollar ($115) fee for the first…

20 CAR § 860-1612. Replacement fee. Any person requesting a replacement for any stolen, lost, or destroyed certification or license shall be assessed a fee of fifteen dollars ($15.00).

20 CAR § 860-1613. Expedited processing fee. Any person desiring processing of certificates to be completed within thirty-six (36) hours of submission to the Division of Environmental Quality will be assessed an expedited processing fee of fifty dollars ($50.00).

20 CAR § 860-1614. Demolition greater than one square foot of ACM. (a) Any NOI involving demolition of a facility as described in 20 CAR §§ 860-201 and 860-202 which contains greater than one square foot (1 ft2)/one linear foot (1’) of ACM shall be accompanied by a fee of seventy…

20 CAR § 860-1615. Demolition — 160 square/260 linear feet or more of RACM. Any NOI involving demolition of a facility as described in 20 CAR §§ 860-201 and 860-202 which contains one hundred sixty square feet (160 ft2)/two hundred sixty linear feet (260’) or more of RACM shall b…

20 CAR § 860-1616. [Reserved].

20 CAR § 860-1617. [Reserved].

20 CAR § 860-1618. Renovation — 160 square/260 linear feet to 5,000 square/linear feet of RACM. Any NOI involving renovation of a facility as described in 20 CAR § 860-203 which contains one hundred sixty square feet (160 ft2)/two hundred sixty linear feet (260’) to five thousand…

20 CAR § 860-1619. Renovation — 5,001 square/linear square feet to 10,000 square/linear feet of RACM. Any NOI involving renovation of a facility as described in 20 CAR § 860-203 which contains five thousand one square feet (5,001 ft2)/five thousand one linear feet (5,001’) to ten…

20 CAR § 860-1620. Greater than 10,000 square/linear feet of RACM. Any NOI involving renovation of a facility as described in 20 CAR § 860-203 which contains more than ten thousand square feet (10,000 ft2)/ten thousand linear feet (10,000’) of RACM shall be accompanied by a fee o…

20 CAR § 860-1621. Emergency renovation NOI. Any NOI involving emergency renovation operations as described in 20 CAR § 860-205 shall be accompanied by a fee of two hundred twenty-five dollars ($225).

20 CAR § 860-1622. Annual NOI. Any NOI for a twelve-month notice as described in 20 CAR § 860-204 shall be accompanied by a fee of one thousand one hundred twenty-five dollars ($1,125).

20 CAR § 860-1623. NOI revision. Any revision of an original NOI as described in 20 CAR § 860-208 shall be accompanied by a submittal fee of fifty dollars ($50.00).

20 CAR § 860-1701. Application requirements. The Director of the Division of Environmental Quality, or his or her designee, shall review applications for initial asbestos abatement contractor and asbestos abatement consultant licenses and renewals thereof based upon a satisfactor…

20 CAR § 860-1702. Application review. The Director of the Division of Environmental Quality, or his or her designee, shall review applications for initial certificates and renewals thereof based upon Subparts 9 and 10 of this part and any other information the director, or his o…

20 CAR § 860-1703. Training provider licenses. The Director of the Division of Environmental Quality, or his or her designee, shall review applications for the initial training provider licenses and renewals based upon Subparts 9 and 10 of this part and any other information the …

20 CAR § 860-1704. Disapproval. (a) The Director of the Division of Environmental Quality, or his or her designee, shall set forth to the applicant in writing the basis for a decision to disapprove an application for a license, certificate, renewal, or revocation. (b) Any denial,…

20 CAR § 860-1705. Adoption by reference. (a) To establish minimum performance standards for the abatement of ACM under the act, specific regulations promulgated by the United States Environmental Protection Agency in 40 C.F.R. pt. 61, subpt. M (National Emissions Standards for H…

20 CAR § 860-1801. Reciprocity. (a) Individuals applying for an initial certification under this rule who have not received training in accordance with this rule by training providers licensed by the Division of Environmental Quality must submit: (1) An original certificate of co…

20 CAR § 860-1901. Review of actions. As provided in Arkansas Code § 20-27-1001 et seq., an aggrieved party to any action taken under the authority of the act orthis rule by the Director of the Division of Environmental Quality, with respect to licenses and certificates, shall ha…

20 CAR § 860-2001. Effective date. This part is effective ten (10) days after filing with the: (1) Secretary of State; (2) Arkansas State Library; and (3) Bureau of Legislative Research.

20 CAR § 860-201. Demolition. (a) For any demolition of a facility or facility component, even if no asbestos is present, the owner or operator shall submit a written NOI to the Division of Environmental Quality by either hand delivery, postmarked by United States Postal Service,…

20 CAR § 860-202. Demolition under order of a government agency. (a) For any facility being demolished under order of a state or local government agency, issued because the facility is structurally unsound and in danger of imminent collapse, the owner or operator shall submit a w…

20 CAR § 860-203. Renovation projects. (a)(1) For the activities listed in subsections (b) and (c) of this section, the owner or operator shall submit an NOI to the Division of Environmental Quality by either hand delivery, postmarked by United States Postal Service, or postmarke…