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Licenses and Permits Required to Remove Asbestos

Make sure to receive all necessary permits to remove asbestos-containing materials (ACMs) from the home. If someone else is hired, remember there are federal and state worker safety regulations that need to be followed. The primary federal laws that apply to asbesots removal are the National Emissions Standards for Hazardous Air Pollutants (NESHAP) regulations (40 CFR Part 61, Subpart M) and the Occupational Safety and Health Administration (OSHA) regulations delineated in 29 CFR 1926.1101.

Depending on the state, abatement contractors and possibly individual workers will need special licenses. A permit to transport contaminated debris to a licensed landfill is also required. The removal of large amounts of material often raises the number of licenses required. The local municipal building department will know the requirements and can help with the process of attaining a building permit.

If there is any suspicion of having asbestos-containing materials before demolition or renovation, start with a professional inspection to confirm whether or not asbestos exists in the home. Make sure the inspector is licensed by the state to cover any legal disputes that may occur. The state agency that regulates asbestos (which could be environmental, health, worker safety, or some other combination of responsibilities) should be able to find the standards for this kind of licensing, what procedures inspectors are required to use, and a list of inspectors licensed in the state. Even if an inspector is contacted from a state list, check the license in person and verify that it's up to date.

Locate and verify a licensed abatement contractor in the same way, but do not to hire one company to perform both the inspection and the asbestos removal. The inspector should be an overseer of the contractor's performance and compliance with regulations. It's helpful to have someone knowledgeable who is working specifically for you.

If more than the bare minimum of asbestos-contaminated debris is generated, have it removed to a landfill by experienced professionals. They will know where to take it, how to get it there safely, and be familiar with the considerable amount of the paperwork involved. Federal transportation safety regulations allow homeowners to transport only one cubic yard of asbestos debris by themselves. Commercial carriers carrying as little as 66 pounds must file "Shipping Papers," formally a Waste Shipment Record (WSR) with the US Department of Transportation (USDOT) that includes:

• The name of the hazardous substance in the shipment (asbestos)
• The "Reportable Quantity" (RQ) for spills, which explains how much requires full-scale handling as a hazardous material if spilled in transport
• The name of the property owner and address where the waste is being shipped from (you) and your signature as the person legally responsible
• Emergency telephone numbers for everyone involved
• The class of hazardous material in the shipment (class 9)
• The material's hazmat identification number (NA2212 for North America, but not beyond
• How the material is packaged, which can include special labeled bags, doubled and sealed, large pieces double wrapped in plastic and sealed, or bulk material in other containers
• How much material, in pounds, there is in the shipment
• The address the material is headed for (which can only be a landfill licensed to handle asbestos).

If the material is packaged in bags or wrapped as large pieces and weighs more than a thousand pounds, the vehicle must be labeled with placards. The placards must state the material is asbestos, give the proper hazmat identification number, and show seven black stripes on a white background. These placards go on each side and end of the vehicle. Emergency personnel are well acquainted with these codes and will know what precautions to take if an accident occurs along the way. During loading and unloading, even bigger signs must be on display. They have to be at least 20 inches by 14 inches, and the text specified by federal law is:

• Danger, Asbestos Dust Hazard
• Cancer and Lung Disease Hazard
• Authorized Personnel Only

Shipping asbestos by air has no exemptions to the labeling requirements, no matter how small the amount.

When the material arrives at the disposal site, the Waste Shipment Record will be signed by an official at the landfill and a copy will be returned to you to confirm the task was completed legally. In the meantime, one more permit is required: A certificate from the licensed asbestos inspector confirming that the asbestos-containing material has been removed, all underlying materials have been either removed or cleaned and encapsulated, and a final air sample from the work area that shows a lower level of asbestos fibers than the regulated maximum specified by OSHA.

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