Asbestos Information for Contractors

• Unless the contractor is a DOSH registered asbestos abatement contractor they can not remove or disturb any quantity of asbestos containing material (ACM) without adhering to the Cal/OSHA requirements.
• There is no cut-off date where asbestos would not be found in building materials.  However the likely hood of there being asbestos decreases after 1981.
• In non-residential renovation/demolition an asbestos inspection is required prior to disturbance regardless of construction date.
• Residential is defined as any residential property consisting of  four units or less. A detached garage is considered a second buidling and does not qualify.
• A licensed contractor may collect up to 12 samples for asbestos analysis from a single family residence.  However the contractor must have a valid AHERA asbestos building inspector certification and the samples must be collected only to verify the health and safety or their employees.

Asbestos Bans

The list below details the bans by the United States in building materials.  Usage of many of the banned materials continued for several years after the ban due to stockpiling and illegal import.  The banned materials listed represent only a fraction of materials that may contain asbestos.

• 1973 - banned bythe EPA in spray applied surfacing material for fireproofing/insulating purposes
• 1975 - banned by the EPA in thermal systems insulation
• 1977 - banned by the CPSC in consumer wall patching compound
• 1978 - banned by the EPA in spray applied surfacing material for decorative purposes
• 1993 - banned by the EPA in flooring felt (including sheet vinyl backing)

Suspect Asbestos Containing Material

Classifying a material as suspect ACM is fairly straight forward in pre-1981 construction.  All building materials that are not glass, wood or metal are suspect asbestos containing materials. 

In post-1981 construction a contractor or building owner should use due diligence to determine if materials are asbestos containing.  There is no overall consensus as to what materials may contain asbestos.  With the advent of NAFTA it has become even more complicated as the regulations over the use of asbestos in building materials are different in Mexico and Canada.  Therefore even banned materials may be found that contain some levels of asbestos.  As I am sure some of you are aware there was an incident at the Vermiculite mine in Libby, Montana.  In 2001 the EPA took over the town as a Superfund Site.  This was due to the mining of Vermiculite as a blown insulation product that, through EPA testing, was found to contain levels of Tremolite asbestos.  The reported levels found in the product were purported to be below the levels that trigger regulatory action, however the reported airborne levels and medical results from the towns population were sufficient for the EPA to deem Libby a Superfund Site.  When performing or contracting to perform renovation activities keep this in mind, asbestos is a naturally occurring mineral and can be found in many places one would not suspect.  

ASBESTOS REGULATIONS

EPA NESHAP - NESHAP regulates asbestos renovation or demolition in 40 CFR 61 Subpart M.  NESHAP stands for the National Emissions Standard for Hazardous Air Pollutants and applies to all structures except residential structures of four units or less.  NESHAP requires an asbestos inspection prior to any work that may disturb presumed asbestos containing materials regardless of the age of the structure.  NESHAP also addresses visible emissions and controls to use to limit them.  http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&rgn=div6&view=text&node=40:9.0.1.1.1.13&idno=40

California Business and Professions Code Section 7180(b) - allows for a licensed contractor to collect up to 12 bulk samples of suspect asbestos containing materials that may be disturbed, removed or repaired as part of a construction project,   provided the following requirements are met:

• The contractor is a licensed contractor in the State of California
• The contractor has a valid AHERA asbestos building inspector certificate.  This certificate must be renewed annually.
• The project takes place in a residential dwelling
• Any sample collection must be performed in accordance with AHERA 40 CFR 763.86 to rebut the presence of asbestos containing materials.

Section 7180 also stipulates that no asbestos abatement contractor shall act as an asbestos consultant including risk assessment of asbestos containing materials or clearance air sampling on a project where they are acting as a contractor for the building owner.  Also that there can be no fiduciary interests between the asbestos consultant and the asbestos abatement contractor on the same project. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=07001-08000&file=7180-7189.7

Cal/OSHA Title 8 Section 1529 - regulates contractors that work with asbestos containing materials or asbestos containing construction materials.  It addresses work practices, certification and training requirements for workers engaged in activites that disturb asbestos.  Also addresses when a contractor may disturb asbestos containing materials without being DOSH registered for asbestos abatement.  It identifies that when a contractor will disturb no more than 100 square feet of asbestos containing materials or asbestos cotaining construction material they are not required to be DOSH registered, however they must be in compliance with all Cal/OSHA regulation regarding the disturbance of asbestos. http://www.dir.ca.gov/title8/1529.html