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The Clean Air Act (CAA) of 1970 requires EPA to develop and enforce regulations to protect the general public from exposure to airborne contaminants that are known to be hazardous to human health. In accordance with Section 112 of the CAA, EPA established National Emission Standards for Hazardous Air Pollutants (NESHAP); asbestos was one of the first hazardous air pollutants regulated under Section 112. On March 31, 1971, EPA identified asbestos as a hazardous pollutant, and on April 6, 1973, EPA promulgated the Asbestos NESHAP in 40 CFR Part 61, Subpart M. The Asbestos NESHAP has been amended several times, most recently in November 1990.
The term asbestos includes the following fibers: chrysotile, crocidolite, cummingtonite-grunerite, anthophyllite, actinolite-tremolite, and combinations of these materials. Asbestos is hazardous when it is friable. In this state, the asbestos can be crushed by hand pressure or can easily break. Either way, the final result is asbestos fibers being released into the air. Exposure to asbestos fibers can result in various forms of incurable lung disease. Often, symptoms do not appear for 10 to 30 years after the initial exposure.
Scope
The Asbestos NESHAP is intended to minimize the release of asbestos fibers during activities involving the handling of asbestos. Accordingly, it specifies work practices to be followed during renovations of buildings that contain a certain threshold amount of friable asbestos, and during demolitions of all structures, installations, and facilities (except apartment buildings that have no more than four dwelling units).
Most often, the Asbestos NESHAP requires action to be taken by the person who owns, leases, operates, controls, or supervises the facility being demolished or renovated (the owner), and by the person who owns, leases, operates, controls, or supervises the demolition or renovation (the operator). The regulations require owners and operators subject to the Asbestos NESHAP to notify delegated state and local agencies and/or their EPA Regional Offices before demolition or renovation activity begins. The regulations restrict the use of spray asbestos and prohibit the use of wet applied and molded insulation, such as pipe lagging. The Asbestos NESHAP also regulates asbestos waste handling and disposal.
Regulatory citations
- 40 CFR Part 61, Subpart M — National Emission Standard for Asbestos
Key definitions
- Asbestos: A heat-resistant fibrous silicate mineral that can be woven into fabrics, and is used in fire-resistant and insulating materials
- National Emission Standards for Hazardous Air Pollutants (NESHAP): EPA’s air toxics regulation for asbestos, which is intended to minimize the release of asbestos fibers during activities involving the handling of asbestos.
Summary of requirements
- Transportation (See Citation Listing below)
NESHAP regulates the transportation of asbestos. Vehicles used to transport asbestos must be marked during the loading and unloading of the waste. The markings must be displayed so they can be easily read. Markings must conform to the 51 cm x 36 cm (20 in x 14 in) upright format signs specified in 29 CFR 1910.145(d)(4) and display the following legend:
DANGER (2.5 cm (1 inch) Sans Serif, Gothic or Block)
ASBESTOS DUST HAZARD (2.5 cm (1 inch) Sans Serif, Gothic or Block)
CANCER AND LUNG DISEASE HAZARD (1.9 cm (3/4 inch) Sans Serif, Gothic or Block)
Authorized Personnel Only (14 Point Gothic)
Asbestos must be transported in sealed, leak-tight containers or bags. These transportation and labeling requirements are not all inclusive. The Department of Transportation (49 CFR Parts 171 and 172) and the Occupational Safety and Health Administration (OSHA) (29 CFR 1910.1001) also regulate the transportation and labeling of asbestos. - Waste Shipment Record (See Citation Listing below)
A waste shipment record must be completed whenever asbestos is disposed off-site of the generating facility. The generator, transporter(s), and disposal facility are responsible for completing the appropriate sections of the shipment record. The generator and disposal facility must retain waste shipment records for at least two years after disposal. - Citation Listing
For specific guidelines concerning controlling asbestos emissions, reporting requirements, and waste disposal, refer to the applicable section(s) listed below:- Standard for asbestos mills [40 CFR 61.142]
- Standard for roadways [40 CFR 61.143 ]
- Standard for manufacturing [40 CFR 61.144]
- Standard for demolition and renovation [40 CFR 61.145]
- Standard for spraying [40 CFR 61.146]
- Standard for fabricating [40 CFR 61.147]
- Standard for insulating materials [40 CFR 61.148]
- Standard for waste disposal for asbestos mills [40 CFR 61.149]
- Standard for waste disposal for manufacturing, demolition, fabricating, renovation, and spraying operations [40 CFR 61.150]
- Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations [40 CFR 61.151]
- Air-cleaning [40 CFR 61.152]
- Reporting [40 CFR 61.153]
- Standard for active waste disposal sites [40 CFR 61.154]
- Standards for operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material [40 CFR 61.155]
- Transportation
- Standard for waste disposal for asbestos mills [40 CFR 61.149]
- Standard for waste disposal for manufacturing, demolition, fabricating, renovation, and spraying operations [40 CFR 61.150]
- Waste Shipment Record
- Standard for waste disposal for asbestos mills [40 CFR 61.149]
- Standard for waste disposal for manufacturing, demolition, fabricating, renovation, and spraying operations [40 CFR 61.150]
- Standard for active waste disposal sites [40 CFR 61.154]