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Avoiding the NESHAP Inspection (rolling the dice) vs. Inspection vs. Improper Inspection

by Monty W. Krough, Sr. , BrightFields, Inc.  Published in the Mid-Atlantic Real Estate Journal

Asbestos Containing Building Materials (ACBM) were extensively used in building construction from the 1930s to the 1970s. In the mid-1970s, the KNOWN use of ACBM was discontinued in almost all building-related applications, after exposure to asbestos was linked to certain types of cancer. The United States Environmental Protection Agency (USEPA) has banned the manufacturing of ACBM. However, they do not control or regulate the importation of ACBM into the USA.  As a result, some blame the NAFTA (North American Free Trade Agreement) suppliers and US manufacturers located in other countries for importing ACBM products commonly used in the industry during new post-1970’s construction and renovations. Therefore, the statement that a building constructed after 1980 does not contain asbestos is not always accurate. This statement is commonly provided by building owners, facilities managers and construction managers relative to such a newer building.

There are three major Federal Regulations to consider as a part of the construction or facility managers responsibilities when planning for renovation and/or demolition activities:

1. Code of Federal Regulations (40CFR61- Subpart M), The National Emissions Standards for Hazardous Air Pollutants (NESHAP) which regulates asbestos as part of planned demolition and renovation activities.
2. Asbestos School Hazard Abatement Re-Authorization Act, appendix C to Subpart E (ASHARA, 40CFR763) which regulates ACBM in public and commercial buildings.
3. U.S. Department of Labor, Occupational Safety and Health Administration (OSHA) 29CFR1926.1101 which regulates workers safety in the Construction Industry.

The NESHAP regulations were established to protect accidental exposure of airborne asbestos fibers during planned renovation or demolition activities.  The only way to be sure there is no ACBM components present prior to the renovation or demolition is to have the building tested by a state licensed and EPA certified professional Asbestos Building Inspector.

The first step in dealing with the possibility of asbestos in your building or facility is to have an EPA Certified and State Licensed Asbestos Building Inspector conduct an EPA NESHAP building survey. The survey would assess the location, quantity and condition of the identified ACBM. The second step is to develop an asbestos abatement plan in regards to the buildings slated specific renovation and or demolition plan.

The EPA’s NESHAP Regulations carry fines of $25,000 per day for noncompliance; criminal charges for willful violations. OSHA violations can result in fines of $7,000 per/day, per incident and in addition, some local and state governments, such as the City of Philadelphia, may have their own regulations and noncompliance penalties.

By hiring an Asbestos Building Inspector and developing the abatement plan, there is a reduced risk of Federal EPA and OHSA legal entanglements and associated monetary fines or imprisonment.  Asbestos removal, the largest environmental cleanup project in US history, has cost an estimated $50 billion over the past 20 years. It has forced schools to lay off teachers, caused owners to abandon buildings and added considerable cost to planned demolition and renovation projects.

Asbestos-related problems in renovation and demolition should be addressed in a rational manner.  Ignoring the potential air-borne exposure to asbestos fibers during these activities is irresponsible to building occupants, employees and surrounding communities.  Above all, it is against the law!  Think first is there a possibility of exposing coworkers, occupants, the community and “throwing the building owner under the bus”?  Never roll the dice.  The best course of action is to identify ACBM at your building or facility, to ascertain the condition and to develop a safe and legal path forward to minimize hazardous or potentially hazardous conditions as part of a deliberate and responsible process of a planned renovation or demolition project.

Monty W. Krough, Sr. is Program Manager of the Asbestos, Mold & IAQ Department for BrightFields, Inc., a full-service environmental consulting and remediation services firm located in Wilmington, DE and Baltimore, MD.