Special Topics in Environmental Management

Asbestos NESHAP Notification

Q. Does the asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) 10-day notification apply to the demolition of a building in which no asbestos is present?

A. Yes, asbestos NESHAP notification requirements apply to the demolition of buildings in which there is no asbestos present, provided the building meets the definition of a “facility” under 40 CFR 60.141.

A facility is defined as “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.”

The regulations under 40 CFR 61.145(a) indicate that the asbestos NESHAP applies to all demolition and renovation activities, regardless of whether asbestos is present. The regulations also state which notification requirements apply to demolition and renovation activities involving asbestos in quantities less than 260 linear feet (ft), 160 ft2, or 35 ft3 (but this citation does not include a lower limit below which notification requirements do not apply). Such demolition activities need only comply with certain notification requirements under 40 CFR 61.145(b). All of which can be satisfied by completing EPA’s Asbestos NESHAP Notification of Demolition and Renovation form, submitting it at least 10 days before beginning demolition, and making any necessary updates. The form also requires you to indicate if asbestos is present in Section IV.