Asbestos FAQ

Asbestos Frequently Asked Questions

• The Basics
• Residential Exemption
• Notifications
• Asbestos Removal and Waste
• Asbestos Surveys
• Inspections
• Roofing

The Basics

What is the purpose of the Asbestos NESHAP regulation?

The purpose of the NESHAP is to protect public health by minimizing the release of asbestos when facilities, which contain ACMs, are demolished or renovated.

What is a "facility"?

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 isolated 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.

Are facilities constructed in the past 10 years subject to the asbestos regulations?

Yes. There is no exclusion date in the asbestos regulations.

What is an “installation”?

The EPA defines an installation as 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).

Are federal facilities regulated by the Asbestos NESHAP?

Yes.

What is a renovation?

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.

What is a demolition?

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.

What is friable asbestos-containing material?

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.

What is non-friable ACM?

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.

Residential Exemption

The NESHAP exempts residential buildings. How does this work?

For a renovation or demolition project to be exempt from the NESHAP, the residential building:

• Must have four or fewer residential dwelling units.
• Must NOT be part of a larger project that includes multiple residential buildings (such as an urban renewal project or a road expansion project).
• Must NOT have been used for commercial purposes in the past (which would subject it to the NESHAP).
• Must NOT be demolished to make room for a commercial structure.
• 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 subject to the Asbestos NESHAP.

EPA’s clarification of the "residential exemption" from the asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP).

If I renovate several two-family units, are the units defined as an “installation”?

If the units are next door to each other then yes. If the houses are in the same subdivision, most likely yes. If the units are spaced farther apart, say a mile between each residence, it would most likely not be considered an installation.

Are mobile homes or mobile structures regulated by the Asbestos NESHAP?

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. Mobile home parks are subject to NESHAP when the same owner or operator is working on multiple units concurrently or when work being done is in service of a larger project (i.e. the clearing of blighted properties to make room for newer units.)

Notifications

What is a notification?

A notification (also known as a Notification of Demolition or Asbestos Renovation) 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.

Whom do I notify?

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.

How do I notify?

The completed notification form may be submitted by mail, hand or commercial delivery service to the appropriate DEP district office or local program office.

What is my district and how do I contact them?

• DEP Districts/Counties map
• Local Programs Contact

Is there a form for notifications?

You can use the DEP Business Portal to submit your notification online. 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.

How much asbestos must be present before the Asbestos NESHAP work practice standards apply to renovation and demolition projects?

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.

Am I required to submit a notification form for demolition project, even when no asbestos is present?

Yes. All demolitions of buildings meeting the criteria of facility or installation must have notifications submitted to the appropriate DEP district office or local program office.

Who is responsible for submitting a notification - the owner of the building, which is being demolished or renovated, or the contractor?

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.

When a condominium complex is being renovated, who as owner is responsible for submitting a notification?

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.

When I notify regarding a renovation, what date do I consider the start date?

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.

When I notify regarding a demolition, do I give the start date of the demolition or of the asbestos removal? Which date do I use to determine whether I've met the 10-day waiting period?

The waiting period should be calculated based on the start date of the demolition. The waiting period is necessary to give inspectors time to visit the site before activity begins.

Can a demolition and a renovation be notified on the same notification form?

If your project requires the removal of an above threshold amount of RACM, that material must be removed and notified as a renovation. A separate notification should be filled out for the subsequent demolition.

Does the 10-day notification requirement refer to "calendar" days or "working" days?

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.

Is the 10-day waiting period required on all asbestos projects?

Not all, but most. An emergency renovation is the only project where the 10-day waiting period is not required for notification.

What constitutes an emergency renovation?

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.

For non-emergencies, is the 10 working days in the waiting period ever reduced?

No. A reduction of the waiting period is not allowed in the asbestos regulations.

Under what conditions must I notify for emergency renovations? When must I notify?

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, 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.

What is a "nonscheduled renovation operation"?

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.

Do I have to notify for non-scheduled operations? When?

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.

Must I notify the agency again if I know that a specific renovation project involving more than the threshold amount (including the work covered by the calendar year notice for non-scheduled operations) is about to occur at a specific time?

Yes.

When does a notification need to be revised?

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.

When do I submit a revised notification?

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.

Asbestos Removal and Waste

What training is required in the Asbestos NESHAP?

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.

Does the Asbestos NESHAP require a building owner or operator to remove damaged or deteriorating asbestos-containing material?

No. Not unless a renovation of the facility is planned which would disturb the ACM and it exceeds the threshold amount.

What does "adequately wet" mean?

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.

If a facility is being demolished under an order of a state or local government because the facility is structurally unsound, and therefore unsafe, do all the normal regulations covering demolitions apply?

No. The applicable regulations are specified in Section 61.145 (a)(3) of 40 CFR subpart M (Asbestos NESHAP).

If a facility is being demolished under an order of a state or local government, must all the debris be treated as asbestos-contaminated waste?

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.

Must I remove category I non-friable material prior to demolition or renovation?

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.

Must I remove category II non-friable materials prior to demolition or renovation?

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.

Does non-friable waste, if broken, damaged, etc., have to be wetted and contained?

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.

What is encapsulation, and is it regulated by the Asbestos NESHAP?

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.

How should I handle bulk waste from a facility that contained RACM and that was not found until after demolition began?

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.

Can I transport bulk asbestos waste without placing it in containers as long as I keep the waste pile wet?

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.

How should I label asbestos-containing waste that is being taken away from the facility?

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.

Where can I obtain a list of permitted landfills?

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.

What should the owner or operator of a waste disposal site do if it is determined that there is a discrepancy between the amount of waste that left the facility and the amount of waste that was delivered to the site?

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.

Does the NESHAP regulation require air monitoring during renovation or removal?

No.

Asbestos Surveys

Does the Asbestos NESHAP regulation require me to have my property inspected for asbestos?

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.

Will DEP test my building for asbestos for me?

No. Owners and operators are responsible for having their buildings tested.

How can I find someone to do the testing?

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.

What is a bulk sample?

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.

How do laboratories analyze bulk samples?

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.

How much does it cost to have a bulk sample analyzed?

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.

Inspections

Does an inspector have the right to enter any facility and the containment area?

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.

Is visible asbestos-containing debris on the ground outside a removal job considered a "visible emission" and a violation of the NESHAP?

Yes. Dry friable asbestos insulation on the ground violates the "adequately wet" requirement and can be considered evidence of a visible emission.

Is it appropriate for an inspector to open any bags outside the designated contaminated area?

Yes. The inspector may open any bags outside the designated contaminated area to inspect them. The inspector may use a glove bag or other control techniques. The inspector will then properly reseal the bag, or request that the operator do so.

Must an inspector witness improper removal of more than 160 square feet or 260 linear feet of asbestos- containing material to prove a violation of the NESHAP regulation?

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.

Do inspectors need to follow facility training requirements including fit testing?

No.

Roofing

Is roofing work classified as a renovation or a demolition?

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.

How much asbestos must be present before the Asbestos NESHAP work practice standards apply to roofing projects?

When a rotating blade (RB) roof cutter or equipment that similarly damages the roofing material is used to remove Category I non friable 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 non friable 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 non friable), except that notification is always required for demolitions.

Is an asbestos inspection required prior to the start of a roofing project?

YES. The Asbestos NESHAP requires a thorough inspection for the presence of asbestos in all non-exempt facilities prior to the start of renovations and/or demolitions.

Are roofing projects on single-family private residences regulated by the Asbestos NESHAP?

No.

Is a licensed asbestos contractor required to remove an asbestos-containing roof?

Licensing questions concerning asbestos industry should be directed to the Florida Department of Business and Professional Regulation Asbestos Licensing Unit.

What training is required for roofing projects in the Asbestos NESHAP?

See What training is required in the Asbestos NESHAP.

If I have asbestos roofing questions, whom should I contact?

Please contact the appropriate DEP district office or local program office in your area to answer any asbestos roofing questions.