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Who Do I Have to Notify About Asbestos and Abatement?

Federal notification regulations are under the Asbestos Hazard Emergency Response Act (AHERA). It was passed in 1984 and applies to public buildings and schools. Regulations require notifying the Environmental Protection Agency ten days in advance of any project involving more than 160 square feet or 260 linear feet of asbestos-containing materials. Most states, however, have their own notification requirements, which may apply to any departments and divisions from environmental quality to health.

Disclosing the presence of asbestos-containing materials when selling or renting a private residence is not a federal requirement, but always check the regulations within each state. For instance, a number of states make asbestos part of the real-estate disclosure form. Though it may be possible to simply say there is no knowledge of asbestos-containing materials in the house. In New Hampshire, if asbestos is removed, the house cannot be sold within six months. There are no restrictions if asbestos is removed by a professional contractor and a certified inspector documents that asbestos is no longer in the air.

To begin understanding local requirements, contact the municipal health or building department. If they have no particular regulations, contact state authorities, such as the environmental or air-quality department. A state university's website is also a good place to start looking for information on local requirements and resources. The authorities will want to know whether you're doing it yourself or hiring professionals, how much work is there to do, what asbestos-containing or suspicious material is present, the removal process, and how and where you will be disposing the debris. The authorities will require documents of your plans to prevent emissions of asbestos-containing dust into the neighborhood air. For example:

• For a demolition project in Alabama, Delaware, and elsewhere, it doesn't matter how little asbestos is present, or even if asbestos doesn't exist. File documentation of the presence or absence of ACM in the house is required before proceeding with the demolition.
• In Utah and other states, professional asbestos inspections are necessary before beginning any renovation project, regardless of the amount of asbestos-containing material or the age of your home.
• In Utah, ACM in a part of the home being renovated must be removed by a certified abatement contractor before renovation begins.
• The Illinois Department of Public Health has two levels of notification: a deadline of ten days before you start on a larger project and two days in advance of a project involving as little as three square feet or linear feet of asbestos-containing material.

The federal threshold for differentiating a private homeowner's project from a commercial one (with more stringent requirements for notification and other factors) is four residential units. A private owner must, however, meet the same disposal requirements as contractors, as their legal risk is higher if they take the exemption. A fee may be required with the notice, and it may depend on the amount of asbestos being removed.

Due to federal requirements, every locality will require that workers who may be exposed to asbestos on a particular site be clearly informed of the risks they face and the measures being taken to protect them. If using a licensed contractor, they will take care of all notifications and will have the required posters and forms on hand. The workers will be completely aware of the procedures needed to be taken and may even have to be licensed themselves. Hiring help yourself will create a much bigger and more complicated job to do, along with doing it in unfamiliar territory. You will need flawless relationships with your local authorities and you'll want to check out the liabilities carefully with an attorney who is more familiar with the concerns than you are.

Transporting debris during the asbestos removal process brings up another set of federal notification requirements. There are even more restrictions for a vehicle containing asbestos debris that attempts to cross state lines. Carrying your own small amounts of asbestos debris (debris is almost always measured by the pound) is allowed without federal forms or labels. Think carefully, however, about the risks involved should a bag rupture en route. It may be easier to have it professionally hauled away.

Are There Any Public-Health Forms I Need to Fill Out?

Most of the public-health notifications will be specified by your local and state authorities. Some may require the services of a professional inspector to certify the absence of asbestos-containing materials prior to a demolition. All will benefit from the help of a professional who knows the steps and has filled out the forms before.

The one federal public-health notification that will be required, regardless of where you live, is to workers on your project. This is specified by the Occupational Safety and Health Administration (OSHA). Again, it will be a lot easier for professional abatement contractors who deal with these regulations all the time. The same goes for notifications required when asbestos-contaminated debris is transported from a work site to a qualified dump. Transportation of very small quantities without the labels that commercial carriers have to use is allowed, but it's a big risk.

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