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Environmental Management | Asbestos | Overview of Regulations

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OVERVIEW OF ASBESTOS REGULATIONS

There are numerous regulations, which address asbestos activities. The following are brief descriptions of some of these rules:

The National Emissions for Hazardous Air Pollutants (NESHAP) 40 CFR, Part 61, Sub-part M. Promulgated by the U.S. EPA - Enforced by the State of Florida Department of Environmental Protection and by the Pinellas County Environmental Management Air Quality Division.

Requires a thorough written asbestos inspection, written notification, proper removal practices, and proper disposal of regulated asbestos containing materials (RACM) prior to a demolition, or renovation operations.

Florida Administrative Code (FAC.) 62-257.100, pertinent to Pinellas County, are adopted and incorporated by Pinellas County.

Either the Florida Department of Environmental Protection or the Pinellas County Department of Environmental Management can enforce these rules.

Pinellas County Code Chapter 58, Article IV, Division 4. Pinellas County Environmental Management enforces the NESHAP Asbestos Standard in Pinellas County.

Pinellas County Department of Environmental Management, Air Quality Division officials will determine if buildings which are scheduled for demolition, or renovation operations are in compliance with the NESHAP Asbestos Standard. Enforcement action will be taken on operations not in compliance.

The Construction Industry Asbestos Standard, 29 CFR 1926.1101, and the General Industry Asbestos Standard 29 CFR 1910.1001, The US Department of Labor, Occupational Safety and Health Administration (OSHA).

These rules require employers to provide information about the hazards of working with asbestos, provide proper respiratory protection, personnel monitoring, medical monitoring, engineering controls, proper training and proper record keeping for all employees that handle materials that may contain asbestos.

Florida Statute 469.004 and 469.005- Requires licensure of asbestos consultants and contractors by the Department of Business and Professional Regulation (DBPR).

Licensure as an asbestos contractor requires that only persons who have taken the required courses of instruction in asbestos. As of October 17, 1995, only asbestos contractors licensed by the State of Florida may operate in the Florida. Licensure as an asbestos consultant requires persons who are registered architects, professional engineers, professional geologists, diplomats of the American Board of Industrial Hygiene (C.I.H.), or Certified Safety Professionals, and who have taken the required courses of instruction in asbestos. As of October 17, 1995, only asbestos consultants licensed by the State of Florida may operate in Florida.

Florida Statute 553.79, - requires that the Department of Environmental Protection be notified in writing before a local building permit is granted for any building demolition or renovation which would disturb asbestos material. This regulation is administered by the Department of Community Affairs.


Building Departments shall require each building permit for the renovation or demolition of an existing structure to contain an asbestos notification statement which indicates the owner's or operator's responsibility to comply with the provisions of Section,469.003, F.S.,and to notify the Department of Environmental Protection of their intentions to remove asbestos, when applicable, in accordance with State and Federal law.

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