Asbestos Laws and Regulations
When working within the Asbestos remediation industry, contractors, workers and handlers of asbestos must have good knowledge of the laws and regulations that govern worker safety, and proper removal and disposal of this hazardous material. Below is information on the laws that pertain to asbestos removal as well as links to federal, state and local agencies who oversee and enforce asbestos regulations.
Federal Regulations of the Asbestos Industry
The United States Environmental Protection Agency (EPA) is a federal organization that works in tandem with the state organizations in an effort to protect the public from asbestos contamination. They regulate any asbestos abatement projects in residences of more than four units, commercial buildings, and Federal facilities. The United States Environmental Protection Agency (USEPA) enforces the AHERA and the National Emission Standards for Hazardous Air Pollutants (NESHAP), and regulates ACM abatements in residences of more than 4 units, commercial buildings and Federal facilities. The NESHAP regulations include the emission of asbestos containing material. USEPA may be reached at telephone number (212) 637-4080 and USEPA’s fax number is (212) 637-3998.
- Asbestos Hazard Emergency Response Act (AHERA) 40 CFR 763 Regulations governing inspection, management and control of asbestos containing building materials (ACBM) in private and public elementary and secondary schools.
- National Emission Standards For Hazardous Materials (NESHAP) 40 CFR 6 subpart M US Clean Air Act provision for identification, removal and disposal of asbestos containing materials (ACM) prior to demolition and renovation.
Click here for a complete listing of EPA Regulations
The Occupational Safety & Health Administration (OSHA) has recently revised their regulations to protect workers from the hazards of asbestos.aturally
- General Industry Standard (29 CFR 1910.1001) Establishes employers expectations for worker exposure to asbestos in commercial, industrial, manufacturing and other non-construction or shipyard settings.
- Construction Industry Standard (29 CFR 1926.1101) Standard for building owners and employers of those who encounter asbestos during construction, demolition or renovation.
Click here for a complete listing of OSHA Regulations
State Regulations of the Asbestos Industry
New York State
New York State Department of Health regulations for the training of workers in the asbestos abatement industry and regulations concerning asbestos safety training providers.
New York State Department of Labor regulations relating to the hazards to public safety and health during the removal, encapsulation, enclosure, repair, or the disturbance of friable and non-friable asbestos, or any handling of asbestos material that may result in the release of asbestos fiber.
New York State Department of Environmental Conservation-Solid Waste Management Facilities regulations including definitions of asbestos waste, transfer stations, and land disposal issues.
New York State Department of Environmental Conservation-Waste Transporter Permits regulations including waste transportation, transport permits, and asbestos transportation tracking.
The NJDEP regulates only the management, transportation and disposal of ACM. In concert with county health departments, the Department investigates reports of unregistered transporters, illegal disposal and oversees the review of the 10-day notification submissions required by 40 CFR 61.145 to 61.155 and N.J.A.C. 7:26-2.12.
The Department of Labor (DOL), Asbestos Control and Licensing Section, licenses asbestos abatement contractors and issues performance permit identification cards to abatement workers and supervisors employed by those contractors. In the effort to protect public health and safety, DOL enforces the Asbestos Control and Licensing Act (N.J.S.A. 34:5A-32 et seq.) by conducting inspections involving the abatement of friable and non-friable asbestos containing materials in ALL private, public, commercial and residential buildings in New Jersey, including those asbestos projects performed in schools and public buildings under the Asbestos Hazard Abatement Sub-Code. DOL investigates illegal or improper abatements in any type of building, and routinely inspects the work of licensed contractors and their employees. DOL may be reached at telephone number (609) 633-2159. DOL’s fax number is (609) 633-0664.
The Department of Community Affairs (DCA), Asbestos/Lead Unit certifies asbestos safety technicians and authorizes asbestos safety control monitoring firms; provides information on methods of asbestos remediation for projects under the jurisdiction of N.J.A.C. 5:23-8 (educational facilities, public buildings, daycare center or nursery.) DCA enforces the provisions of the Asbestos Hazard Abatement Sub-Code pertaining to schools and public buildings. DCA investigates complaints and routinely inspects the work of monitors. DCA may be reached at telephone number (609) 633-6224. DCA’ s fax number is (609) 633-1040.
The Department of Health and Senior Services (DHSS) is the lead agency for asbestos and environmental health information, administers the Asbestos Hazard Emergency Response Act (AHERA), provides site audits and Quality Assurance/Quality Control program for asbestos abatement in schools. DHSS also provides training and accreditation for asbestos training providers and conducts studies to evaluate asbestos abatement and management methods. DHSS may be reached at telephone number (609) 631-6749 and the DHSS fax number is (609) 588-7618.
Municipal Regulations of the Asbestos Industry
New York City
- New York City Department of Environmental ProtectionAsbestos control program regulations that apply to all asbestos abatement activities occurring within the City of New York. This includes owners of buildings where asbestos abatement activity occurs and contractors engaged in asbestos abatement activities.