About the Program
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
- Federal Level - The U.S. EPA Region 9 Asbestos NESHAP coordinator has sole jurisdiction over all 25 tribal lands in Arizona. Some tribes have delgbated authority from the U.S. EPA to enforce the asbestos NESHAP within their tribal boundaries.
- State Level - ADEQ's Asbestos NESHAP Program does not have any additional requirements apart from the federal standard, however, ADEQ maintains notification forms for renovation and demolition activities for jurisdictional counties.
- County level - These counties have delegated authority from the U.S. EPA to enforce the Asbestos NESHAP within their respective jurisdictional boundaries, excluding tribal lands, and have additional requirements above and beyond the federal Asbestos NESHAP Standard.
What Sources Are Covered by the Asbestos NESHAP?
Among others, the following activities and facilities are regulated:
- Milling of asbestos
- Commercial manufacturing of products that contain commercial asbestos
- Demolition of all facilities, even though it may not contain asbestos
- Renovation of facilities that contain friable asbestos-containing materials
- Spraying of asbestos-containing materials
- Processing (fabricating) of any manufactured products that contain asbestos
- Use of insulating materials that contain commercial asbestos
- Disposal of asbestos-containing waste generated during milling, manufacturing, renovation, demolition, spraying, and fabricating operations
- Active waste disposal sites
- Closure and maintenance of inactive waste disposal sites
- Operation of and reporting on facilities that convert asbestos-containing waste material into non-asbestos material
- Design and operation of air cleaning devices
- Reporting of information pertaining to process control equipment, filter devices, asbestos generating process, etc.
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Asbestos NESHAP Program and Notification Requirements
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.
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:
- 260 linear feet or more on pipes
- 160 square feet or more on other facility components
- 35 cubic feet or more off facility components
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
Air Quality Compliance Section, Field Services Unit
Attn: Asbestos NESHAP Program
1110 West Washington Street
Phoenix, Arizona 85007
(800) 234-5677 - Toll Free (In State)
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Additional Asbestos Resources
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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