The purpose of the Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) Program is to protect public health from exposure to regulated asbestos-containing material (RACM) during NESHAP facility renovation/demolition activities, asbestos removal, transport and disposal, by closely monitoring those activities for proper notification and asbestos emissions control. Asbestos is known to cause cancer and respiratory diseases in humans. Under Section 112 of the Clean Air Act (CAA), Congress gave the U.S. Environmental Protection Agency (EPA) the responsibility for enforcing regulations relating to asbestos renovations and demolitions activities. The CAA allows the U.S. EPA to delegate this authority to state and local agencies. Even after the U.S. EPA delegates responsibility to a state or local agency, the U.S. EPA retains authority to oversee agency performance and to enforce the Asbestos NESHAP regulations as necessary. Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) Program Enforcement Agencies
What Sources Are Covered by the Asbestos NESHAP? Among others, the following activities and facilities are regulated:
Asbestos NESHAP Program and Notification Requirements Applicability Any facility undergoing renovation or demolition. "Facility" means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. Requirements Prior to beginning renovation or demolition activities of a facility, a certified Asbestos AHERA (Hazard Emergency Response Act) building inspector should thoroughly inspect the facility or part of the facility where the renovation or demolition operation will occur for the presence of asbestos, including friable and non-friable asbestos containing materials. For all demolitions (even when no asbestos is present) and renovation activities involving threshold amounts of regulated asbestos-containing material (RACM), provide the Asbestos NESHAP agency overseeing the project site with a NESHAP notification at least 10 working days prior to the demolition or renovation activity. Threshold amounts of RACM are:
Fees There are no state notification or permitting fees involved with this program for jurisdictional counties. The Region 9 Asbestos Program charges no fees for work on Tribal Lands. Maricopa, Pinal, and Pima counties have fees for their notification process. Some cities may have separate permit fees, and AHERA inspectors may charge a fee for their inspection. Written Notification Requirement Under section 61.145(b) of the Asbestos NESHAP, a written notification is required for renovation and demolition operations. Only completed notification forms are accepted. For NESHAP activities for the jurisdictional 12 counties that ADEQ regulates, the notification should be hand or typewritten and postmarked or delivered to ADEQ no later than 10 working days prior to the beginning of the asbestos activity or demolition. The address is: Arizona Department of Environmental Quality
Statutory Citations Title 40, Code of Federal Regulations, Subpart M, Part 61, Asbestos NESHAP; Arizona Revised Statutes § 49-421 et. Seq. and § 49-471 et. seq.; Arizona Administrative Code R18-2-1101 (A)(8) Asbestos Related Links
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