Arkansas Administrative Code

20 CAR § 860-207. Incomplete notifications. (a) The Division of Environmental Quality shall review all notifications for accuracy and completeness. (b) Notifications which are incomplete or do not otherwise meet the notification requirements of this part shall be: (1) Returned to…

20 CAR § 860-208. Beginning date — Asbestos removal change. (a)(1) An owner or operator who has already submitted an NOI shall notify the Division of Environmental Quality, as necessary: (A) When the beginning date for prepping and/or removal has changed; and/or (B) When the amou…

20 CAR § 860-209. Changes to the NOI. (a) An owner or operator who has already submitted an NOI shall notify the Division of Environmental Quality of the following changes: (1) Ending date; (2) Scheduled work hours; (3) Engineering controls and work practices; (4) Disposal site; …

20 CAR § 860-210. Changes in operator. Changes in operator will require the submittal of a new NOI with a new notification period and a new fee as described in Subpart 16 of this part.

20 CAR § 860-211. Training provider’s required submittals. Training providers licensed pursuant to this rule shall: (1)(A)(i) Submit to the Division of Environmental Quality a notice of any scheduled MAP asbestos-related training course. (ii) Said notice must be submitted at leas…

20 CAR § 860-301. On-site documents. The owner or operator shall keep at the site: (1) A copy of the inspection report, including results of any bulk sample analysis and any air monitoring data; (2) A copy of the NOI or any revised NOI submitted in compliance with this rule and t…

20 CAR § 860-302. Wetting operations. (a) The owner or operator shall keep at the site copies of any written approval issued by the Division of Environmental Quality such as prior written approval from the Director of the Division of Environmental Quality to allow the owner or op…

20 CAR § 860-303. Submittal of information. The owner or operator shall make available upon request by the Division of Environmental Quality any information related to a site, including, but not limited to, the information as set forth at 20 CAR § 860-301.

20 CAR § 860-304. Copies. Copies of all items listed in 20 CAR §§ 860-301 and 860-302 shall be kept by the owner and operator for a minimum of two (2) years from the date the regulated activity ended.

20 CAR § 860-401. Applicability. Demolition, renovations, or response actions involving RACM, and which are not an SSSD or a minor fiber release episode shall be conducted by persons licensed or certified in accordance with this rule, unless expressly excluded by this part.…

20 CAR § 860-402. Work procedure compliance. Each owner or operator of any RACM demolitions or any renovation impacting at least eighty linear meters (80 m) (two hundred sixty linear feet [260’]) of RACM on pipes or at least fifteen square meters (15 m2) (one hundred sixty square…

20 CAR § 860-501. Disposal preparation. The owner or operator shall dispose of RACM from all demolitions and all renovations involving projects of at least eighty linear meters (80 m) (two hundred sixty linear feet [260’]) on pipes, or at least fifteen square meters (15 m2) (one …

20 CAR § 860-502. Disposal procedures. (a)(1) Each owner or operator of a facility shall dispose of RACM from all demolitions and all renovations involving projects of at least eighty linear meters (80 m) (two hundred sixty linear feet [260’]) on pipes, or at least fifteen square…

20 CAR § 860-503. Standards for generators. (a) The generator shall prepare a waste shipping paper, using a form including the following information: (1) The name, address, and telephone number of the waste generator; (2) The name and address of the Division of Environmental Qual…

20 CAR § 860-504. Standards for waste transporters. (a) The waste transporter shall sign the waste shipping paper upon acceptance of the shipment from the generator. (b) The shipment shall be delivered to the designated waste disposal facility as expeditiously as possible. (c) Th…

20 CAR § 860-505. Waste disposal sites. Standards for designated waste disposal sites: (1) The owner or operator of the designated waste disposal facility shall sign and date the waste shipping paper upon its receipt and acceptance of the shipment; (2) Each owner or operator of a…

20 CAR § 860-601. Licenses. (a) Licenses shall be issued to: (1) Asbestos abatement contractors; (2) Asbestos abatement consultants; and (3) Training providers. (b) Such licenses shall be issued for a period not to exceed twelve (12) months.…

20 CAR § 860-602. License renewal. (a) Any asbestos abatement contractor, asbestos abatement consultant, or training provider may apply for the renewal of a license issued by the Division of Environmental Quality. (b) Such renewals are valid for a period not to exceed twelve (12)…

20 CAR § 860-603. Annual fee. (a) The Division of Environmental Quality shall assess an annual fee for all initial licenses and for all renewals of licenses. (b) The amounts of such fees, listed in Subpart 16 of this part, shall be determined by the division.

20 CAR § 860-604. Licensing and certification requirements. Persons who do not maintain offices in the State of Arkansas and who perform work in this state as an asbestos abatement contractor, an asbestos abatement consultant, or a training provider, as defined in this rule, are …

20 CAR § 860-605. Licensing requirement exemptions. (a) State and federal governments, and subdivisions thereof, including school districts, shall be exempt from the licensing requirements of Subpart 7 of this part. (b) A facility owner shall not require a license to conduct demo…

20 CAR § 860-606. Permanent employees. The permanent employee described in 20 CAR § 860-605(b) shall: (1) Be trained in the proper disciplines in accordance with ASHARA and certified with the Division of Environmental Quality; and (2)(A) Conduct only asbestos-related activities w…

20 CAR § 860-701. Initial license application. Initial application for licenses shall be made to the Division of Environmental Quality and shall include the following: (1) A completed application on a form provided by the division; (2) Annual asbestos abatement consultant or asbe…

20 CAR § 860-801. Initial licenses. Initial applications for licenses of approved training providers shall be made to the Division of Environmental Quality and shall include the following: (1) A completed application on a form provided by the division; (2) Enclosure of the annual…

20 CAR § 860-802. Requirements in lieu of 40 C.F.R. pt. 763, subpt. E, app. C. Training providers who do not supply the certification described in 20 CAR § 860-801(3) but wish to be licensed to teach the course under this part shall submit in addition to the information required …

20 CAR § 860-803. Refresher training courses. The following minimum information is required for approval of refresher training courses by the State of Arkansas: (1) The length of training in half days or days; (2) The topics covered in the course; (3) A copy of all course materia…

20 CAR § 860-901. Certification. Any person seeking certification in the discipline of air monitor, contractor/supervisor, inspector, management planner, project designer, or worker shall provide the Division of Environmental Quality with the following: (1)(A) The most recent cer…

20 CAR § 860-902. Supervision. Except as provided in 20 CAR § 860-605, certified air monitors, contractor/supervisors, inspectors, management planners, project designers, and workers shall work under the supervision of a facility or firm licensed as a contractor or consultant pur…

20 CAR § 860-903. Certification time frame. Certificates issued by the Division of Environmental Quality shall remain valid for a period of one (1) year from date of training unless suspended or revoked pursuant to Subpart 15 of this rule.

20 CAR § 861-101. Purpose and scope. (a) Policy. It is the policy of the Arkansas Energy Office of the Division of Environmental Quality that subgrantees comply with the rules, regulations, or guidelines applicable to the specific Weatherization Assistance Program (WAP) funding s…

20 CAR § 861-102. Designation of Weatherization Assistance Program subgrantees. (a) Each subgrantee shall be a community action agency (CAA) or other public or nonprofit entity. (b) The Arkansas Energy Office of the Division of Environmental Quality contracts with: (1) Eighteen (…

20 CAR § 861-103. Eligibility weatherization. (a) Policy. It is the policy of the Arkansas Energy Office of the Division of Environmental Quality that subgrantees comply with the eligibility requirements applicable to the specific Weatherization Assistance Program funds as descri…

20 CAR § 861-104. Fair hearing. (a) The fair hearing policy in LIHEAP policies applies to the WAP, except for reasons to file for a fair hearing. (b) The following shall be reasons to file for a fair hearing in the WAP: (1) Application was denied; (2) Receive timely approval or d…

20 CAR § 861-105. Allowable cost. (a) Policy. In order to ensure that funds provided under the Weatherization Assistance Program subgrants are used for the purpose intended, it is the policy of the Arkansas Energy Office of the Division of Environmental Quality that subgrantees a…

20 CAR § 861-106. Recordkeeping requirements. (a) Policy. In order to comply with state and federal weatherization program requirements, it is the policy of the Arkansas Energy Office of the Division of Environmental Quality that subgrantees maintain records which fully disclose …

20 CAR § 861-107. Reporting requirements. (a) Policy. In order to ensure compliance with state and federal weatherization program requirements, it is the policy of the Arkansas Energy Office of the Division of Environmental Quality that subgrantees provide documentation of weathe…

20 CAR § 861-108. Client files. (a) Policy. In order to comply with federal and state regulations, it is the policy of the Arkansas Energy Office of the Division of Environmental Quality that subgrantees maintain a file for each dwelling weatherized. (b) Procedures. Subgrantees s…

20 CAR § 861-109. Limitation/suspension of referrals for WAP. Refer to LIHEAP policies.

20 CAR § 861-110. Carryover. The carryover policy will be included in the state plan annually.

20 CAR § 861-111. Vendors attending Arkansas Energy Office of the Division of Environmental Quality weatherization sponsored meetings. (a) The Arkansas Energy Office of the Division of Environmental Quality forbids Weatherization Assistance Program subgrantees to invite vendors t…

20 CAR § 861-112. [Reserved].

20 CAR § 861-113. Building weatherization report. (a)(1) For several years, some subgrantees operated under the assumption that the Building Check and Job Order Sheet (BCJOS) serves the same purpose. (2) According to the Dallas Regional Office, the BWR (EIA-29C) contains detailed…

20 CAR § 861-114. Limitation expending weatherization funds for contract labor. (a)(1) Any agency contracting with the Arkansas Energy Office of the Division of Environmental Quality for weatherization funds may expend weatherization funds up to a maximum average of forty percent…

20 CAR § 861-115. United States Department of Energy point system guidelines. (a) Policy. (1) It is the policy of the Arkansas Energy Office of the Division of Environmental Quality that subgrantees will use the United States Department of Energy Point System Guidelines to priori…

20 CAR § 861-116. Replacement of stove pipes. (a) Questions raised at the national conference in San Antonio, Texas, October 26 – 29, 1986, influenced the United States Department of Energy to consider the possibility of replacing stove pipes. (b) The United States Department of …

20 CAR § 861-117. Rules and regulations. (a) The following is a list of rules and regulations which the Weatherization Assistance Program operators must be in compliance with: (1) 10 C.F.R. § 440; (2) OMB Circular A-102/10 C.F.R. § 600; (3) A-133; (4) The state plan; and (5) The …

20 CAR § 255-101. Introduction. (a) Organization. (1) The Health Services Permit Commission, hereinafter referred to as the commission, and the Health Services Permit Agency, hereinafter referred to as the agency, are governed by Arkansas Code § 20-8-101 et seq. (2) The administr…