Regulations Governing Asbestos
Pursuant to the Clean Air Act of 1970, EPA established the National Emission Standard for Hazardous Air Pollutants (NESHAP) to minimize exposure to airborne contaminants. Asbestos was one of the first hazardous air pollutant identified during 1971. NESHAP regulations for asbestos are intended to minimize the release of asbestos fibers during activities involving the handling of asbestos. Asbestos was first regulated under NESHAP during 1973. NESHAP specifies work practices to be followed during renovation, demolition, and other abatement activities when regulated asbestos-containing materials are involved. Please visit The Asbestos Institute Info to download regulations.
Asbestos NESHAP Program and Notification Requirements
Applicability
A NESHAP 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; and any active or inactive waste disposal site. Note: Renovation of a primary residence (single family home, townhouse, or condo) is exempt from asbestos NESHAP regulations.
Regulated Asbestos-Containing Materials
Regulated asbestos-containing materials (RACM) are materials containing more than 1% asbestos. RACM is further defined as friable asbestos containing materials (easily crumbled by hand pressure) or non-friable RACM that will be or has been subjected to sanding, grinding, cutting, or abrading or non-friable RACM that a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation activities.
Requirements
Prior to beginning renovation or demolition activities of a facility subject to NESHAP asbestos requirements, a certified Asbestos AHERA (Hazard Emergency Response Act) building inspector must thoroughly inspect the facility or part of the facility where the renovation or demolition operation will occur and sample building materials and submit the samples for microscopic analyses to determine if the material contains more than 1% asbestos. All building materials, except glass, metal and wood require sampling.
For all demolitions (even when no asbestos is present) and renovations activities involving threshold amounts of RACM, provide the Asbestos NESHAP agency overseeing the project site with written NESHAP notification at least 10 working days prior to the demolition or renovation activity. Threshold amounts of RACM requiring NESHAP notification and compliance are:
- 260 linear feet or more on pipes
- 160 square feet or more on other facility components
- 35 cubic feet or more off facility components
Note: Work on quantities of material less than these are not subject to NESHAP reporting.
Fees
There are no state Arizona Department of Environmental Quality (ADEQ) notification or permitting fees involved with the NESHAP program for Coconino County. The Region 9 Asbestos Program charges no fees for work on Tribal Lands. Some cities may have separate permit fees such as the City of Flagstaff which is in the process of implementing a small permit fee, and AHERA building inspectors will likely charge a fee for an inspection.
Arizona Written Notification Requirement
Under section 61.145(b) of the Asbestos NESHAP, a written notification is required for renovation and demolition operations. Only completed notification forms are accepted. For NESHAP activities for the jurisdictional 12 counties that ADEQ regulates, the notification should be hand or typewritten and postmarked or delivered to ADEQ no later than 10 working days (Monday through Friday) prior to the beginning of the asbestos activity or demolition. The address is as follows:
Arizona Department of Environmental Quality
Air Quality Compliance Section, Field Services Unit
Attn: Tracy Neal, Asbestos NESHAP Coordinator
1110 West Washington Street
Phoenix, AZ 85007
(602) 771-2333 or, toll free in state, (800) 234-5677
(*Information taken from ADEQ web site)
Common NESHAP Questions:
http://www.epa.gov/region04/air/asbestos/asbqa.htm
NESHAP Forms:
Exemption form
http://www.azdeq.gov/environ/air/asbestos/download/building.pdf
Notification Form
NESHAP notification form (Coconino Co.)
