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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.
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.