Who Do I Have To Notify About Asbestos Removal?

Laws regarding notification and permissions when asbestos is present in a building or jobsite vary from one state to another. Usually, it is an issue only if you are planning to renovate or demolish a building, or if there is an unusually large amount of friable (crumbling) asbestos discovered in a building. For example, Montana state law regulates asbestos abatement if there is three or more square or linear feet of potentially friable asbestos-containing material (ACM) to be removed (1). In Louisiana, asbestos in single family homes is not regulated under rules of that state’s Department of Environmental Quality, and the owner is allowed to dispose of the waste in any landfill authorized to take such materials (2).

The Minnesota Department of Health has no regulations regarding non-friable asbestos, which is defined as "materials that cannot be crumbled, pulverized, or reduced to powder by hand pressure" (3). However, the same document points out that – at least when it comes to linoleum flooring – almost any removal method can cause non-friable ACM to become friable. Minnesota residents who are planning to remove floor tiles in excess of 160 square feet that may become friable are required to submit a courtesy notification to the Minnesota Pollution Control Agency (MPCA) 10 days prior to the start of removal. If the materials become friable in the course of the job, work must stop and the state Department of Health notified; in addition, the courtesy notice to the MPCA must be amended. Once these steps have been completed, the job may continue as a state-regulated asbestos project (4).

The Olympic Region Clean Air Agency (ORCAA) of Washington State regulates asbestos abatement for homeowners in the Olympic Peninsula, Gray’s Harbor and south Puget Sound areas. Homeowners are required to file an application (plus fees) with ORCAA prior to any asbestos removal project. After the notification has been filed, ORCAA issues a permit that allows the homeowner to proceed with the work (5).

It’s a good idea to contact the Department of Environmental Quality (DEQ) in your state if you discover the presence of asbestos in your home; the personnel there will inform you of any requirements, fees, restrictions, rules etc. regarding asbestos abatement under such circumstances.

If You Own Rental Property, Commercial Buildings or Demolition Business

The rules for property owners who lease said property or are in the demolition business are far stricter, and fall under federal jurisdiction (there are usually state and local regulations as well). These can be found under the National Emissions Standards for Hazardous Air Pollutants (NESHAP), Subpart M, the National Standard for Asbestos (http://www.epa.gov/EPA-AIR/1999/November/Day-22/a30406.htm),  the Toxic Substances Control Act, Subchapter II (TSCA Title II) – Asbestos Hazard Emergency Response, (http://www.access.gpo.gov/ uscode/title15/chapter53_subchapterii_.html) and 40 CFR Part 763, Subpart E – Asbestos Containing Materials in Schools (http://a257.g.akamaitech.net/ 7/257/2422/14mar20010800/edocket.access.gpo.gov/cfr_2002/julqtr/pdf/40cfr763.80.pdf.)

Notes

  • Montana State Department of Environmental Quality. "Options: A Solution Exists" (2007).
  • Louisiana State Department of Environmental Quality. "Frequently Asked Questions About Asbestos."
  • Minnesota Department of Health. "Commercial Flooring" (2006).
  • Ibid.
  • Olympic Region Clean Air Agency . "Removal Procedures" (2006).

'Who Do I Have To Notify About Asbestos Removal?' Sources: