New Interpretation of Arkansas Regulations Concerning Floor Tile and Adhesive Abatement Effective April 1, 2007

The Arkansas Department of Environmental Quality (ADEQ) has recently reevaluated it’s existing interpretation concerning when Category I non-friable asbestos-containing material (ACM), including floor tile and adhesive, becomes regulated ACM under the Asbestos Abatement Regulation 21.  In the past, ADEQ considered removal of floor tile and adhesive a non-regulated activity, provided the material was in good condition and would be removed by manual means. 

In a letter dated December 19, 2006, the ADEQ stated that Category I non-friable ACM (including floor tile and adhesive) becomes regulated if it has become friable or it will be or has been subjected to sanding, grinding, cutting or abrading, whether by manual or mechanized means.

In effect, floor tile and adhesive are now considered regulated ACM.  Removal of regulated ACM require the following:

· Notice of Intent filed 10 days prior to abatement start

· Project Design completed by an ADEQ Licensed Designer

· Clearance Air Monitoring by an ADEQ Licensed Air Monitor

· Abatement Contractor and employees must be ADEQ Licensed

· Proper Disposal of Waste

The new interpretation will be phased-in (with enforcement discretion) from January to March 2007.  The new interpretation will be in full effect on April 1, 2007.