Regulations Governing Asbestos (NESHAP)

Regulations Governing Asbestos

Pursuant to the Clean Air Act of 1970, Environmental Protection Agency established the National Emission Standard for Hazardous Air Pollutants (NESHAP) to minimize exposure to airborne contaminants. NESHAP regulations for asbestos are intended to minimize the release of asbestos fibers during renovation, demolition, and other abatement activities when regulated asbestos-containing materials are involved. Please consult the ADEQ Asbestos NESHAP Guide for more information.

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 renovation activities involving threshold amounts of RACM, provide the Asbestos NESHAP agency (ADEQ) overseeing the project site with written NESHAP notification at least 10 working days (Monday through Friday) 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 notification or permitting fees involved with the NESHAP program for jurisdictional counties. The Region 9 Asbestos Program charges no fees for work on Tribal Lands. Some cities may have separate permit fees, and AHERA Building Inspectors will likely charge a fee for their 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 prior to the beginning of the asbestos activity or demolition. The address is:
Arizona Department of Environmental Quality
Air Quality Compliance Section, Field Services Unit
Attn: Asbestos NESHAP Program
1110 W Washington Street
Phoenix, AZ 85007

Phone: 602-771-2333

Toll Free (In State) Phone: 800-234-5677

Note: All information found here was provided by the ADEQ's Air Quality Division: Asbestos webpage.