The Florida Department of Environmental Protection (DEP) administers an asbestos removal program under Chapter 62-257, Florida Administrative Code. The Asbestos NESHAP has been adopted by reference in section 62-204.800, Florida Administrative Code.
The program's intent is to minimize the release of asbestos fibers during activities involving the processing, handling, and disposal of asbestos-containing material. Accordingly, the Asbestos NESHAP specifies work practices to be followed during demolitions and renovations of all structures, installations, and buildings (excluding residential buildings that have four or fewer dwelling units).
What is the purpose of the Asbestos NESHAP regulation?
As stated above, the purpose is to protect the public health by minimizing the release of asbestos when facilities, which contain asbestos-containing materials (ACMs), are demolished or renovated. What is a "facility?"
As defined in the regulation, a "facility" is 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; or any active or inactive waste disposal site. Any building, structure or installation that contains a loft used as a dwelling is not considered residential. Any structure, installation, or building that was previously subject to the Asbestos NESHAP is not excluded, regardless of its current use or function.
Are facilities constructed in the past 10 years subject to the asbestos regulations?
Yes. There is no exclusion date in the asbestos regulations for facilities constructed in the past 10 years.
If I renovate several two-family units, are the units defined as a "facility?"
Residential buildings which have four or fewer dwelling units are not considered "facilities" unless they are part of a larger installation (for example, an army base, company housing, apartment or housing complex, part of a group of houses subject to condemnation for a highway right-of-way, an apartment which is an integral part of a commercial facility, etc.).
Are single-family private residences regulated by the Asbestos NESHAP?
No, however if the structure is part of a residential development, commercial development, public project or right of way acquisition then NESHAP applies.
What is a renovation?
A renovation is altering a facility or one or more facility components in any way, including the stripping or removal of Regulated Asbestos Containing Materials (RACM) from a facility component. A renovation could be, but not limited to, any interior renovation or remodel not affecting load-supporting structural members or a roof replacement.
What is a demolition?
A demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning (i.e. practice burns) of any facility.
Am I required to submit a notification form for a demolition project when no asbestos is present?
Yes. All demolitions must have notifications submitted to the appropriate DEP District Office or Local Pollution Control Agency. See more questions regarding notification below.
What is a notification?
A notification is a written notice of intent to renovate or demolish. Notifications must contain certain specified information, including but not limited to, the scheduled starting and completion date of the work, the location of the site, the names of operators or asbestos removal contractors, methods of removal and the amount of asbestos, and whether the operation is a demolition or renovation. See Section 61.145(b) of the Asbestos NESHAP regulation.
Whom do I notify?
You should notify the DEP District Office or Local Pollution Control Agency in your area of the demolition or renovation operations subject to NESHAP. See contact information for proper submittal of notification form.
Who is responsible for submitting a notification -- the owner of the building, which is being demolished or renovated, or the contractor?
The NESHAP regulation states that either the owner of the building or operator of the demolition or renovation operation can submit the notification. Usually, the two parties decide together who will notify. If no adequate notice is provided, one or both parties can be held liable.
Is there a form for notifications?
Yes, there is a form for notification. You can obtain a form, and instructions on how to fill it out, from your DEP District Office, Local Pollution Control Agency or online at http://www.dep.state.fl.us/air/forms/asbestos/dep62_257_900(1).pdf
What is friable asbestos-containing material?
Friable ACM is any material containing more than one percent asbestos (as determined by Polarized Light Microscopy) that, when dry, may be crumbled, pulverized, or reduced to powder by hand pressure.
What is non-friable ACM?
Non-friable ACM is any material containing more than one percent asbestos (as determined by Polarized Light Microscopy) that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Under the Asbestos NESHAP, non-friable ACM is divided into two categories. Category I non-friable ACM are asbestos-containing resilient floor coverings (commonly known as vinyl asbestos tile (VAT)), asphalt roofing products, packings and gaskets. These materials rarely become friable. All other non-friable ACM are considered category II non-friable ACM.
Must I remove category I non-friable material prior to demolition or renovation?
Under normal circumstances, category I non-friable materials need not be removed prior to demolition or renovation, because generally these materials do not release significant amounts of asbestos fibers, even when damaged. This is not, however, a hard and fast rule. If category I materials have become friable or are in poor condition, they must be removed. Also, if you sand, grind, abrade, drill, cut or chip any non-friable materials, including category I materials, you must treat the material as friable, if more than the jurisdictional amount is involved.
Must I remove category II non-friable materials prior to demolition or renovation?
These materials should be evaluated on a case-by-case basis. If category II non-friable materials are likely to become crushed, pulverized or reduced to powder during demolition or renovation, they should be removed before demolition or renovation begin. For example, A/C (asbestos cement) siding on a building that is going to be demolished with a wrecking ball should be removed, because it is likely that the siding will be pulverized by the wrecking ball.
Where can I obtain a list of permitted landfills?
The DEP District Office or Local Pollution Control Agency can supply a list of permitted asbestos disposal sites upon request. The DEP Bureau of Solid and Hazardous Waste maintains a list of permitted landfills on their website at http://www.dep.state.fl.us/waste/quick_topics/database_reports/default.htm.
What is a bulk sample?
A bulk sample is a solid quantity of insulation, floor tile, building material, etc., that is suspected of containing asbestos fibers that will be analyzed for the presence and quantity of asbestos.
What training is required in the Asbestos NESHAP?
The Asbestos NESHAP requires at least one trained supervisor, such as a foreman or management-level person, employed by the owner and/or operator to be present at any site where RACM is stripped, removed, or otherwise disturbed at any facility which is being demolished or renovated and is regulated by NESHAP. Evidence of the training must be posted and made available for inspection at the demolition or renovation site. Training includes, at a minimum: applicability, notification, material identification, control procedures, waste disposal, reporting and record keeping, asbestos hazards and worker protection.
Every 2 years the trained individual is required to receive refresher training. Information about the training and refresher courses is available from the Florida Department of Business and Professional Regulation at http://www.state.fl.us/dbpr/pro/asbest/asb_index.shtml.
Selected frequently asked questions and answers freely accessed from http://www.dep.state.fl.us/air/pollutants/asbcorr.htm