The Clean Air Act (CAA) requires the U.S. Environmental Protection Agency (EPA) to develop and enforce regulations to protect the general public from exposure to airborne contaminants known to be hazardous to human health. In accordance with Section 112 of the CAA, EPA established National Emissions Standards for Hazardous Air Pollutants (NESHAP) to protect the public. Asbestos was one of the first hazardous air pollutants regulated under Section 112. On March 31, 1971, EPA identified asbestos as a hazardous pollutant, and on April 6, 1973, EPA first promulgated the Asbestos NESHAP in 40 CFR Part 61. In 1982, EPA delegated primary authority for the implementation and enforcement of the Asbestos NESHAP to the state of Florida.
The Florida Department of Environmental Protection (DEP) administers an asbestos removal program under Chapter 62- 257, Florida Administrative Code. The Asbestos NESHAP has been adopted by reference in Section 62-204.800, Florida Administrative Code.
The program’s intent is to minimize the release of asbestos fibers during activities involving the processing, handling and disposal of asbestos-containing material (ACM). Accordingly, the Asbestos NESHAP specifies work practices to be followed during demolitions and renovations of all structures, installations and buildings (excluding residential buildings that have four or fewer dwelling units). In addition, the regulations require the owner of the building and/or the operator to notify the applicable DEP district office or local program office before any demolition, or before renovations of buildings that contain a certain threshold amount of asbestos or ACMs.
As stated above, the purpose is to protect public health by minimizing the release of asbestos when facilities, which contain ACMs, are demolished or renovated.
As defined in the regulation, a "facility" is any institutional, commercial, public, industrial or residential structure, installation or building (including any structure, installation or building containing condominiums, or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; or any active or inactive waste disposal site. Any building, structure or installation that contains a loft used as a dwelling is not considered residential. Any structure, installation or building that was previously subject to the Asbestos NESHAP is not excluded, regardless of its current use or function.
Yes. There is no exclusion date in the asbestos regulations for facilities constructed in the past 10 years.
Residential buildings that have four or fewer dwelling units are not considered "facilities" unless they are part of a larger installation (for example, an army base, company housing, apartment or housing complex, part of a group of houses subject to condemnation for a highway right-of-way, an apartment which is an integral part of a commercial facility, etc.).
Mobile homes used as single-family dwellings are not subject to Asbestos NESHAP unless part of a larger installation. Mobile structures used for non-residential purposes are subject to NESHAP.
Homes that are demolished or renovated as part of a larger project or installation are regulated by the Asbestos NESHAP. The demolition or renovation of multiple (more than one) small residential buildings on the same site by the same owner or operator (or owner or operator under common control) is covered by the Asbestos NESHAP. The definition of a facility, found in the Asbestos NESHAP, includes installation or group of buildings. If a house is part of an installation, then it would be part of a regulated facility.
Isolated single-family homes that have never been used for commercial purposes are exempt from the Asbestos NESHAP. The term "isolated" means not part of a larger project such as a road widening project or the construction of a new subdivision or not part of any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control). The definition of a facility, found in the Asbestos NESHAP, does not include an isolated residential house that has not been used as a business. However, if the residential house is part of a larger project, then it is not considered isolated and may be required to submit a notice and conduct a survey.
EPA’s clarification of the "residential exemption" from the asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP).
A renovation is altering a facility or one or more facility components in any way, including the stripping or removal of Regulated Asbestos Containing Materials (RACM) from a facility component. A renovation could be, but is not limited to, any interior renovation or remodel not affecting load-supporting structural members or a roof replacement.
A demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning (i.e., practice burns) of any facility.
Normally, roofing work with ACM is classified as a renovation in the Asbestos NESHAP. If roofing work involves wrecking or taking out load-supporting structural members, then the work would be classified as a demolition. Also see Roofing FAQ.
Asbestos NESHAP regulations must be followed for all renovations of facilities with at least 80 linear meters (260 linear feet) of regulated asbestos-containing materials (RACM) on pipes, or 15 square meters (160 square feet) of RACM on other facility components, or at least one cubic meter (35 cubic feet) off facility components where the amount of RACM previously removed from pipes and other facility components could not be measured before stripping. These amounts are known as the "threshold" amounts.
Asbestos NESHAP regulations must be followed for demolitions of facilities with at least 80 linear meters (260 linear feet) of regulated asbestos-containing materials (RACM) on pipes, 15 square meters (160 square feet) of regulated asbestos-containing materials on other facility components, or at least one cubic meter (35 cubic feet) off facility components where the amount of RACM previously removed from pipes and other facility components could not be measured before stripping. However, all demolitions must notify the appropriate regulatory agency, even if no asbestos is present at the site, and all demolitions and renovations are "subject" to the Asbestos NESHAP insofar as owners and operators must determine if and how much asbestos is present at the site.
Yes. All demolitions must have notifications submitted to the appropriate DEP district office or local program office. See more questions regarding notification below.
For a renovation or demolition project to be exempt from the NESHAP, the residential building:
Example 1: A residential building will be demolished and replaced with a commercial office building. If the project meets the above 3 requirements, it is exempt from the NESHAP.
Example 2: A residential building will be renovated and thereafter used as a commercial office building. If the project meets the above 3 requirements, it is exempt from the NESHAP. However, the new commercial office building will now be subject to the NESHAP for any future renovations or demolitions.
Encapsulation is the application of a material with a sealant to stop it from releasing fibers. Normally, the Asbestos NESHAP does not regulate encapsulation unless it involves removing or stripping asbestos. However, if encapsulation is done using methods that damage asbestos and release fibers, it would be covered. For example, high pressure spraying to apply encapsulant could damage asbestos. Also, if friable RACM is encapsulated, the RACM is still covered by the Asbestos NESHAP if renovation or demolition occurs.
A notification is a written notice of intent to renovate or demolish. Notifications must contain certain specified information, including but not limited to, the scheduled starting and completion date of the work, the location of the site, the names of operators or asbestos removal contractors, methods of removal and the amount of asbestos, and whether the operation is a demolition or renovation. See Section 61.145(b) of the Asbestos NESHAP regulation.
You should notify the appropriate DEP district office or local program office in your area of the demolition or renovation operations subject to NESHAP. See contact information for proper submittal of notification form.
The completed notification form may be submitted by mail, hand or commercial delivery service to the appropriate DEP district office or local program office.
The NESHAP regulation states that either the owner of the building or operator of the demolition or renovation operation can submit the notification. Usually, the two parties decide together who will notify. If no adequate notice is provided, one or both parties can be held liable.
While owners and operators share responsibility for proper notification, the condominium or co-op board is responsible as the owner. The board should ensure that they are told when work takes place on individual units, so that they can comply with notification requirements, especially if multiple operators are involved.
You can use the Online Asbestos Notification System to submit your notification. You can also download a form and instructions on how to fill it out or obtain one from your DEP district office or local program office.
For a renovation, the start date is the day that the removal of asbestos-containing material, or any other asbestos- handling activities, including precleaning, construction of containment, or other activities that could disturb the asbestos, will begin.
For a demolition, the start date is the date that the removal or any removal related activity begins. The date the demolition starts also must be reported. The waiting period should be calculated based on the start date of the removal or if no removal is required then the start date of the demolition. The waiting period is necessary to give inspectors time to visit the site before activity begins.
Yes. The notification form should include information for both the renovation and demolition. For example, start/finish dates, contractors, waste disposal site(s), etc.
The asbestos regulations specify "working days." A "working day" is Monday through Friday and includes holidays that fall on any of the days Monday through Friday.
No. The reduction of the waiting period is not allowed in the asbestos regulations.
No. An emergency renovation is the only project where the 10-day waiting period is not required for notification.
An emergency renovation is a renovation that was not planned, but results from a sudden, unexpected event that either immediately produces unsafe conditions, or that, if not quickly remedied, could be reasonably foreseen to result in an unsafe or detrimental effect on health or is necessary to protect equipment and avoid unreasonable financial burden. The term includes renovations necessitated by non-routine equipment failures. For example, the explosion of a boiler in a chemical plant might require emergency renovations, since such an explosion would disrupt normal operations. However, renovations involving routine repairs are not emergencies.
First, inspect the facility and determine the amount of RACM that may have to be removed or disturbed to repair the facility. (If you don't have the time to have samples analyzed, you should assume that all insulation is RACM.) Then, if the amount of RACM is in excess of the threshold amount, you should mail or deliver a notification as soon as possible, but certainly no later than the following workday. A notification postmarked more than one working day after the emergency will be considered in violation of the notification requirements. DEP recommends that you send the notice by overnight express mail, and that you phone in a notification as well to the DEP district office or local program office.
A "nonscheduled renovation operation" is a renovation operation caused by the routine failure of equipment that is expected to occur based on past operating experience, but for which an exact date cannot be predicted.
Yes, if you can predict based on past experience that renovations will be necessary during the calendar year and the amount of asbestos is likely to exceed the jurisdictional amount, notification is required. This notification must be submitted at least 10 working days before the end of the calendar year preceding the year for which notice is being given.
Note: Single renovation projects which exceed the threshold amount are not covered by this type of notice. A separate notification is required for these projects.
A notification must be revised if information contained in the original notice has changed. For example, you must revise the notification if you change the start date of an operation. If the change relates to the amount of RACM involved, you need only revise the notification if the amount changes by more than 20 percent.
You should telephone your DEP district office or local program office as soon as possible after you realize the revision is necessary, and should then mail or hand-deliver a written notice. If you delay the start date of a project, your DEP district office or local program office must receive the revised notification no later than the original start date. If you plan to begin work before the date specified in the original notice, the appropriate DEP district office or local program office in your area must receive the revised notice at least 10 working days before the revised start date.
No. Not unless a renovation of the facility is planned which would disturb the ACM and it exceeds the threshold amount.
To "adequately wet" ACM means to sufficiently mix or penetrate the material with liquid to prevent the release of particulates. If visible emissions are observed coming from ACM, then the material has not been adequately wetted. However, the absence of visible emissions is not evidence of being adequately wet.
No. The applicable regulations are specified in section 61.145 (a)(3) of 40 CFR subpart M (Asbestos NESHAP).
If, for safety reasons, the RACM in the facility is not removed prior to demolition, the RACM must be kept adequately wet during the wrecking operations. After wrecking, all the contaminated debris must be kept adequately wet until disposal. All contaminated debris that cannot be segregated and cleaned should be disposed of as asbestos waste.
Friable ACM is any material containing more than 1 percent asbestos (as determined by Polarized Light Microscopy) that, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure.
Non-friable ACM is any material containing more than 1 percent asbestos (as determined by Polarized Light Microscopy) that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Under the Asbestos NESHAP, non-friable ACM is divided into two categories. Category I non-friable ACM are asbestos-containing resilient floor coverings (commonly known as vinyl asbestos tile (VAT)), asphalt roofing products, packings and gaskets. These materials rarely become friable. All other non-friable ACM are considered category II non-friable ACM.
Under normal circumstances, category I non-friable materials need not be removed prior to demolition or renovation, because generally these materials do not release significant amounts of asbestos fibers, even when damaged. This is not, however, a hard and fast rule. If category I materials have become friable or are in poor condition, they must be removed. Also, if you sand, grind, abrade, drill, cut or chip any non-friable materials, including category I materials, you must treat the material as friable, if more than the jurisdictional amount is involved.
These materials should be evaluated on a case-by-case basis. If category II non-friable materials are likely to become crushed, pulverized or reduced to powder during demolition or renovation, they should be removed before demolition or renovation begin. For example, A/C (asbestos cement) siding on a building that is going to be demolished with a wrecking ball should be removed, because it is likely that the siding will be pulverized by the wrecking ball.
Non-friable ACM that has been damaged during a demolition or renovation operation such that some portions of the material are crumbled, pulverized or reduced to powder is covered by the Asbestos NESHAP if the facility contains more than the threshold amount of RACM. However, category II non-friable ACM that has a high probability of being damaged by the demolition or renovation forces expected to act on the materials such that it will be crumbled, pulverized, or reduced to powder must be removed prior to the demolition or renovation operation. It is the owner's or operator's responsibility to make these determinations. If the ACMs are made friable then the Asbestos NESHAP would apply, including adequately wetting and containing the material.
The demolition debris must be treated as asbestos-containing waste. Adequately wet the demolition debris until collected for disposal and during loading, transport it in covered vehicles and emit no visible emissions to the outside air as required by 61.150 of Asbestos NESHAP. The waste must be deposited at an acceptable waste disposal site.
No. After wetting, seal all asbestos-containing waste material in leak-tight containers while wet and label with the appropriate signs and labels. If the waste will not fit into containers, it must be placed in leak-tight wrapping. However, for facilities that are demolished without removing the RACM and for ordered demolitions, the material must be adequately wet after the demolition has occurred and again when loading the material for transport to a disposal site. RACM covered by this paragraph may be transported in bulk without being placed in leak-tight containers or wrapping.
You should label the containers or wrapped materials with the name of the waste generator and the location at which the waste was generated. An Occupational Safety and Health Administration (OSHA) warning label must also be used.
The appropriate DEP district office or local program office in your area can supply a list of permitted asbestos disposal sites upon request. DEP's Division of Waste Management maintains a list of permitted landfills on its Waste Management Database Reports webpage.
The waste site owner or operator must contact the demolition/renovation owner or operator, and attempt to reconcile the discrepancy. If they cannot do so within 15 days after the waste was received, the waste site owner or operator must notify both the delegated agency responsible for the facility from which the waste was removed, and the delegated agency responsible for the area in which the waste was disposed.
No, not unless demolition or renovation is planned. The NESHAP regulation requires that a thorough inspection for asbestos be conducted before demolition or renovation. An inspection for asbestos should provide an inspection report or supporting information that identifies all ACMs in the facility or part of the facility affected by the renovation or demolition.
A bulk sample is a solid quantity of insulation, floor tile, building material, etc., suspected of containing asbestos fibers that will be analyzed for the presence and quantity of asbestos.
No. Owners and operators are responsible for having their buildings tested.
Contact a Florida licensed asbestos consultant in your area for information on sampling and testing for asbestos. The consultants are normally listed in the yellow pages of the phone book. The Florida Department of Business and Professional Regulation licenses the consultants in Florida and you can search for one through the DBPR Online Services.
Laboratories analyze bulk samples a number of ways. Most laboratories use Polarized Light Microscopy (PLM). Some laboratories use Transmission Electron Microscopy (TEM). However, there is currently no published method for bulk analysis using TEM.
The cost varies with the method. The cost of PLM analysis ranges from $20 to $100. The average cost is $30. TEM analysis is more expensive.
Yes. Inspectors have the right under the Section 403.091 Florida Statutes to inspect a facility to determine compliance with applicable regulations. Inspectors are trained and equipped to do this safely. Contact your DEP district office or local program office for more details on this subject.
Yes. Dry friable asbestos insulation on the ground violates the "adequately wet" requirement and can be considered evidence of a visible emission.
Yes. The inspector may open any bags outside the designated contaminated area to inspect them. The inspector may use a glovebag or other control techniques. The inspector will then properly reseal the bag, or request that the operator do so.
No. First, the inspector must gather information about the quantity of asbestos to prove that the project is subject to the NESHAP standards. Second, the inspector must prove that there has been improper removal. The two tasks are distinct from each other.
The Asbestos NESHAP requires at least one trained supervisor, such as a foreman or management-level person, employed by the owner and/or operator to be present at any site where RACM is stripped, removed or otherwise disturbed at any facility which is being demolished or renovated and is regulated by NESHAP. Evidence of the training must be posted and made available for inspection at the demolition or renovation site. Training includes, at a minimum: applicability, notification, material identification, control procedures, waste disposal, reporting and record keeping, asbestos hazards and worker protection.
Every two years the trained individual is required to receive refresher training. Information about the training and refresher courses is available from the Florida Department of Business and Professional Regulation.
Asbestos-containing material (ACM) is material containing more than 1 percent asbestos as determined using the methods specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy. The Asbestos NESHAP classifies ACM as either "friable" or "nonfriable." Friable ACM is ACM that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure. Nonfriable ACM is ACM that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure.
Nonfriable ACM is further classified as either Category I ACM or Category II ACM. Category I ACM and Category II ACM are distinguished from each other by their potential to release fibers when damaged. The applicability of the Asbestos NESHAP to Category I and II ACM depends on: (1) the condition of the material at the time of demolition or renovation, (2) the nature of the operation to which the material will be subjected, (3) the amount of ACM involved.
If the coverage threshold for RACM is met or exceeded in a renovation or demolition operation, then all friable ACM in the operation, and in certain situations, nonfriable ACM in the operation, are subject to the NESHAP.
The purpose of the Asbestos NESHAP regulation is to protect public health by minimizing the release of asbestos when facilities that contain ACMs are demolished or renovated.
As defined in the regulation, a "facility" is any institutional, commercial, public, industrial or residential structure, installation or building (including any structure, installation or building containing condominiums, or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; or any active or inactive waste disposal site. Any building, structure or installation that contains a loft used as a dwelling is not considered residential. Any structure, installation, or building that was previously subject to the Asbestos NESHAP is not excluded, regardless of its current use or function.
Yes. There is no exclusion date in the asbestos regulations for facilities constructed in the past 10 years.
Category I ACM includes asbestos-containing gaskets, packings, resilient floor coverings, resilient floor covering mastic, and asphalt roofing products containing more than 1 percent asbestos. Asphalt roofing products, which may contain asbestos, include built-up roofing; asphalt-containing single ply membrane systems; asphalt shingles; asphalt-containing underlayment felts; asphalt-containing roof coatings and mastics; and asphalt-containing base flashings. ACM roofing products that use other bituminous or resinous binders (such as coal tars or pitches) are also considered to be Category I ACM.
Category II ACM includes all other nonfriable ACM, for example, asbestos-cement (A/C) shingles, A/C tiles, and transite boards or panels containing more than 1 percent asbestos. Generally speaking, Category II ACM is more likely to become friable when damaged than is Category I ACM.
ACM regulated under the NESHAP is referred to as "regulated asbestos-containing material" (RACM). RACM is defined in 40 CFR 61.141 of the NESHAP and includes: (1) friable ACM; (2) Category I nonfriable ACM that has become friable; (3) Category I nonfriable ACM that has been or will be sanded, ground, cut or abraded; or (4) Category II nonfriable ACM that has already been or is likely to become crumbled, pulverized, or reduced to powder.
Normally, roofing work with ACM is classified as a renovation in the Asbestos NESHAP. If roofing work involves wrecking or taking out load-supporting structural members, then the work would be classified as a demolition.
A renovation is altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component. A renovation could be, but is not limited to, any interior renovation or remodel not affecting load-supporting structural members or a roof replacement.
A demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning (i.e. practice burns) of any facility.
When a rotating blade (RB) roof cutter or equipment that similarly damages the roofing material is used to remove Category I nonfriable asbestos-containing roofing material, the removal of 5580 ft2 or more of asbestos-containing roofing material will create at least 160 ft2 of RACM and is subject to the NESHAP. If the removed material is less than 5580 ft2 then the removal is not subject to the NESHAP, except that notification is always required for demolitions.
When the removal of Category II nonfriable asbestos-containing roofing material is at least 160 ft2 and the removal methods will crumble, pulverize, reduce to powder or contaminate with other RACM, the removal is subject to the NESHAP.
When the total asbestos-containing roof area undergoing renovation is less than 160 ft2, the NESHAP does not apply, regardless of the removal method to be used, the type of material (Category I or II), or its condition (friable versus nonfriable), except that notification is always required for demolitions.
YES. The Asbestos NESHAP requires a thorough inspection for the presence of asbestos prior to the start of all renovations and/or demolitions.
Licensing questions concerning asbestos industry should be directed to the Florida Department of Business and Professional Regulation Asbestos Licensing Unit.
Beginning on Nov. 20, 1991, the Asbestos NESHAP requires at least one trained supervisor, such as a foreman or management-level person, employed by the owner and/or operator to be present at any site where RACM is stripped, removed or otherwise disturbed at any facility which is being demolished or renovated and is regulated by NESHAP. Evidence of the training must be posted and made available for inspection at the demolition or renovation site. Training includes, at a minimum: applicability, notification, material identification, control procedures, waste disposal, reporting and record keeping, asbestos hazards and worker protection.
Every two years the trained individual is required to receive refresher training. Information about the training and refresher courses is available from the Florida Department of Business and Professional Regulation Asbestos Licensing Unit.
Please contact the appropriate DEP district office or local program office in your area to answer any asbestos roofing questions.
The Florida Department of Environmental Protection is the state’s lead agency for environmental management and stewardship – protecting our air, water and land. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida’s natural resources and enhance its ecosystems.Learn More
Contact3900 Commonwealth Boulevard