Often the first step to rebuilding a community is the demolition of existing buildings. However, as our community continues the process of rebuilding what was damaged by the floods of 2008, we must be cognizant of the difficulties that arise when dealing with buildings containing asbestos. To the surprise of many, asbestos continues to be used in building materials to this day. A list of suspected asbestos-containing materials can be found at www.epa.gov/Region06/6pd/asbestos/asbmatl.htm

The federal government and the state of Iowa have promulgated rules regulating the handling and disposal of asbestos. Under the Clean Air Act of 1990, residential buildings with four or fewer dwelling units demolished for purposes other than commercial, public, industrial or institutional are exempt from many of the regulations. Those who are exempt still may want to consult licensed abatement contractors before starting any work. The Iowa Division of Labor provides a database of workers authorized to do asbestos inspection and removal within the state.

To whom do these regulations apply?

The “generator,” as defined by the EPA, is responsible for the handling, storing, transporting and disposing of regulated asbestos containing material. The generator is considered the party that “owns” the material. Who owns the material during various phases of disposal is not always clear. For many construction projects, this means multiple parties may have a role in handling and disposing of asbestos-containing material.

Do I need an inspection?

Before renovation or demolition begins, it is necessary to conduct a thorough inspection of the premises for asbestos and asbestos-containing material. Small renovation projects do not require inspection. Threshold amount requirements can be found in federal regulations (40 CFR 61.145). If an inspection is necessary, you must make sure the inspector is licensed in Iowa.

Notification requirements

Following the inspection, demolition projects must submit a demolition notification form to the Iowa Department of Natural Resources, even if no asbestos is found on the premises. Renovation projects must submit a notification form to the DNR if asbestos-containing material meets the threshold requirements of the federal regulations (40 CFR 61.145). Combined amounts of asbestos-containing material are cumulative for a calendar year regardless of the number of projects occurring at the same premises.

Further, federal Occupational Safety Health Administration regulations apply to all workplace activities that involve asbestos regardless of asbestos-containing material levels. The two standards used are found in regulations 29 CFR 1910.1001 for general industry and 29 CFR 1926.1101 for the construction industry. The major requirements of these standards include: exposure limitations, required procedures and equipment, supervision and training requirements, and annual exams.

Disposal of regulated asbestos containing material

A list of state solid waste agencies may be obtained by calling 1-(800) 424-9346. Some landfill owners or operators place special requirements on asbestos waste. Therefore contractors should contact the intended landfill before arriving with the waste. Additional information on disposal can be found in federal regulation 40 CFR 763 Appendix D to Subpart E.

Penalties

Failure to comply with asbestos-containing material management and disposal standards can result in fines, loss of permits and criminal charges.

Reviewing the appropriate federal and state regulations before any demolition or renovation project will go a long way to ensuring a safe and compliant work site. When dealing with such a toxic substance, an ounce of prevention is certainly worth a pound of cure.

Further questions

If you are contemplating a demolition or renovation project and have questions regarding the handling and disposal of asbestos, please call your attorney, the Iowa DNR Air Quality Bureau at (515) 281-8443, or the Iowa Division of Labor at (515) 281-3606 for OSHA-related inquiries.

Ryan Prahm is an attorney at Shuttleworth & Ingersoll, P.L.C. in Cedar Rapids. He can be reached at rjp@shuttleworthlaw.com or (319) 365-9461.