Asbestos NESHAP Explained - National Emission Standards for Hazardous Air Pollutants

What Is the Asbestos NESHAP?

The asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) is a federal regulation under the Clean Air Act, codified at 40 CFR 61, Subpart M. It regulates asbestos emissions from demolition and renovation activities to prevent the release of asbestos fibers into the air.

The NESHAP is administered by U.S. EPA but has been delegated to most states for implementation and enforcement. In Ohio, the Division of Air Pollution Control (DAPC) implements the NESHAP through OAC 3745-20. For an overview of how the NESHAP fits into Ohio’s broader asbestos regulatory framework, see the Ohio Asbestos Regulations Overview.

Key Definitions

Facility

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 property). Residential buildings with four or more dwelling units are subject to NESHAP. Single-family homes, duplexes, and triplexes are generally exempt.

Demolition

The wrecking or taking out of any load-supporting structural member of a facility, together with any related handling operations, or the intentional burning of any facility.

Renovation

Altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component.

Regulated ACM (RACM)

Regulated asbestos-containing material includes:

• Friable ACM
• Category I non-friable ACM that has become friable, or will be or has been subjected to sanding, grinding, cutting, or abrading
• Category II non-friable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material during demolition or renovation

See the Ohio Asbestos Regulations Overview for detailed definitions of friable, Category I, and Category II ACM.

Survey Requirement

Before any demolition or renovation, the owner or operator must have the affected facility or part of the facility thoroughly inspected for the presence of asbestos by a certified inspector. In Ohio, this must be an Asbestos Hazard Evaluation Specialist (AHES) certified by Ohio EPA.

The survey must identify and quantify all ACM and suspected ACM in the areas to be affected by the work. The results of the survey determine whether NESHAP notification and work practice requirements apply.

For sampling protocols and the critical regulatory thresholds, see AHERA Sampling and the 1% Threshold.

Notification Requirements

Who Must Be Notified

The owner or operator must provide written notification to the delegated state or local agency. In Ohio, notifications are submitted to the appropriate Ohio EPA district office.

When Notification Is Required

Demolitions: All demolitions require notification at least 10 working days before the start of work, regardless of whether ACM is present. This is one of the most commonly missed requirements - even a clean building survey does not eliminate the notification requirement for demolition.

Renovations: Notification is required when the amount of RACM to be removed, stripped, or disturbed meets or exceeds the threshold quantities:

• 260 linear feet on pipes
• 160 square feet on other facility components
• 35 cubic feet off facility components where length or area could not be measured previously

Note: Under OAC 3745-20-02(B)(4), individually exempt renovation operations are cumulative over a calendar year (January 1 through December 31). If the combined amount of RACM removed or stripped across multiple individual operations exceeds 260 LF, 160 SF, or 35 CF during the year, notification and full work practice requirements apply.

Emergency renovations: Operations in which an unexpected event necessitates immediate action may proceed with shortened notification timelines, but notice must still be provided as early as possible.

Notification Contents

The notification must include:

• Name, address, and telephone number of the owner and operator
• Description and location of the facility (including building number, floor, room)
• Whether the operation is a demolition or renovation
• Description of the work to be performed, including methods
• Estimated amount of RACM (in linear feet, square feet, and/or cubic feet)
• Scheduled start and completion dates
• Name and location of the waste disposal site
• Name, address, telephone number, and contractor license number of the operator
• Name, title, and signature of the person submitting the notification
• Certification that the facility has been inspected by a qualified inspector

Amended Notifications

Written amendments must be submitted within one working day of discovering changes to:

• The amount of RACM affected
• The demolition or renovation schedule
• The removal methods

Work cannot begin on a date other than the date in the notification without providing an amended notice at least 10 working days before the new start date.

Threshold Quantities

The NESHAP threshold quantities determine whether a renovation triggers notification and work practice requirements. These thresholds apply to RACM only - not all ACM:

Measurement	Threshold
Linear feet on pipes	260 LF
Square feet on other components	160 SF
Cubic feet (where LF/SF cannot be measured)	35 CF

For demolitions, these thresholds do not apply - all demolitions require notification and compliance regardless of ACM quantities.

Work Practice Standards

When RACM is present, the following work practices are required:

Removal Before Demolition

All RACM must be removed from a facility being demolished before any activity begins that would break up, dislodge, or similarly disturb the material, or before the material is loaded for transport. Exceptions exist for certain situations where removal is not feasible, such as when the RACM is on components that are being removed as units without disturbing the ACM.

Wetting

All RACM must be adequately wetted during stripping, removal, and handling. The material must be kept wet until collected and contained or treated for disposal. Wetting is one of the primary engineering controls for preventing fiber release.

Containment

Removed RACM must be carefully lowered to the ground or floor - not dropped, thrown, or slid. If RACM is removed more than 50 feet above ground level, it must be transported to the ground via leak-tight chutes, containers, or a HEPA-filtered vacuum transport system.

No Visible Emissions

There must be no visible emissions to the outside air during collection, processing, packaging, or transport of ACM waste.

Alternatives to Wetting

When wetting would result in equipment damage or a safety hazard during renovation operations, OAC 3745-20-04 allows the following alternatives:

• Local exhaust ventilation and collection system designed to capture particulate asbestos material, with no visible emissions
• Glove-bag system designed to contain particulate asbestos material during stripping
• Leak-tight wrapping to contain all RACM prior to dismantlement

Other alternate methods may be used with prior written approval from the Ohio EPA Director.

Demolition vs. Renovation - Key Differences

Requirement	Demolition	Renovation
Notification required	Always (even with no ACM)	Only when RACM exceeds thresholds
10-day advance notice	Yes	Yes (when required)
Survey required	Yes	Yes
RACM removal before work	Required	Required for affected areas
Ordered demolition	Required when RACM present	N/A

Ordered Demolition

When RACM is present in a building being demolished, the NESHAP requires an ordered demolition. This means RACM must be removed before the building structure is taken down. The demolition cannot proceed in a way that would make previously accessible RACM inaccessible for removal.

Hot Demolition

A “hot demolition” refers to demolishing a structure without first removing all ACM - either intentionally or due to emergency circumstances. Under NESHAP, hot demolitions are generally prohibited except in genuine emergency situations (imminent danger to life, structural instability making abatement unsafe). When an emergency demolition is conducted, all RACM exposed during wrecking must be adequately wetted and the provisions of the emergency notification procedures apply. Hot demolitions that are not genuine emergencies can result in significant enforcement actions and penalties.

Intentional Burning

Under OAC 3745-20-04(E), if a facility is demolished by intentional burning or demolition debris will be burned, all ACM must be removed before burning - including Category I and Category II non-friable ACM. This is more stringent than the standard demolition requirement, which only requires removal of RACM.

Emergency Demolitions

A demolition may qualify as an emergency if the facility is structurally unsound and in danger of imminent collapse, or if there is an emergency that makes the normal 10-day notification period impractical. In these cases:

• The owner or operator must provide notice as early as possible before work begins
• All other NESHAP requirements still apply (wetting, waste handling, disposal)
• The notification must explain the emergency circumstances

How Ohio’s Rules Differ from Federal NESHAP

Ohio’s asbestos emission regulations in OAC 3745-20 are largely consistent with the federal NESHAP (40 CFR 61, Subpart M). Key state-specific elements include:

• Notifications are submitted to Ohio EPA district offices rather than federal EPA
• The pre-demolition/renovation survey must be performed by an Ohio EPA-certified AHES
• Contractors performing abatement must hold an Ohio EPA asbestos hazard abatement contractor license
• Ohio EPA conducts inspections and enforcement of NESHAP requirements within the state

Resources

• 40 CFR 61, Subpart M - Asbestos NESHAP - Full federal regulation text
• OAC 3745-20 - Ohio’s asbestos emission regulations
• Ohio EPA Asbestos Abatement & Demolition - Ohio EPA program page
• EPA Asbestos Laws and Regulations - Federal overview