Was the vinyl floor ACM or RACM?
Notwithstanding this evidence, Friedman & Schmitt argue that “vinyl floor is Category I ACM, but not necessarily RACM, depending upon how it is removed. The EPA offered no evidence on the method of removal for the Calderwood linoleum.” In other words, Friedman & Schmitt argue that the linoleum can fall under part (c) or (d) of the above-referenced definition of RACM only if the Region submitted evidence showing that the asbestos containing linoleum was subject to sanding, grinding, cutting or abrading, or was crumbled, pulverized or reduced to powder in the course of the renovation activity. We reject this argument, however, because parts (c) and (d) of the definition relate to “nonfriable” asbestos containing material, and the evidence in the record of this case shows that the linoleum was, in fact, “friable.” In particular, as noted above, Friedman & Schmittâs consultant stated in the June 1996 Report that “[a]ll of the asbestos-containing linoleum in the designated apartments of eac
