The National Emission Standards for Hazardous Air Pollutants (NESHAP) are a series of pollutant-specific regulations which are designed to minimize the public's exposure to hazardous chemicals through the use of specific types of control equipment and the implementation of various control methods or procedures. The District has been delegated by the federal Environmental Protection Agency to enforce the NESHAP provisions within its tri-county jurisdiction. The District administers all of the NESHAP regulations including the sections applicable to the demolition and renovation of building structures that utilized Asbestos Containing Materials (ACM) in their construction.

What is the Asbestos NESHAP?

The Asbestos NESHAP regulations pertain to all public and commercial structures and applies to residential properties consisting of five or more dwelling units under one roof or more than one residential structure on a single property. Many of these buildings, regardless of their age, utilized asbestos-containing materials (ACM) in their construction.

Examples of ACM include, but are not limited to, paper backing of linoleum, spray-on acoustic ceilings, and duct wrap on pipes and boilers. When these types of materials are disturbed during demolition or renovation activities, asbestos fibers may be released into the air which can create a significant health hazard.

The Asbestos NESHAP (40 CFR Part 61, Subpart M) and District Rules and Regulations require persons, agencies, and companies to determine if ACM is present in structures prior to renovation or demolition activities. An evaluation, or "survey", must be performed to determine if asbestos is present. According to State law, only surveys prepared by California State Certified Asbestos Consultants (CAC) are accepted by the District.

If asbestos is found to be present, the District must receive written notification at least 10 business days prior to beginning work. In order to minimize the release of asbestos fibers, certain work practices are required to be used. Persons who may be exposed to fibers are required to wear personal protective equipment. The Asbestos Compliance Advisory and Requirement Flow Chart provide general guidance but are not meant as a substitute for advice from asbestos professionals or legal counsel. Contact District Staff for additional information.

How do I comply with the Asbestos NESHAP?

• Inspect the area which will be disturbed for asbestos-containing material. The survey must be performed by a California State Certified Asbestos Consultant (CAC), or a person assigned by the CAC who operates under the control and responsibility of the CAC. The survey results must be thoroughly documented in a signed report from the CAC.
• Notify the District if more than 260 linear feet, 160 square feet, or 35 cubic feet of Regulated Asbestos Containing Material (RACM) is going to be disturbed; or if Category I or II material will be rendered friable by the work methods employed. Contact the District to obtain the proper Notification Form. The current fee for a single Demolition or Renovation project is $370.00. For projects with Asbestos Abatement accompanying a Demolition, the fee is $740.00 (valid until June 30, 2025). See District Rule 401(A).
• Asbestos surveys must include: A project drawing denoting the area being renovated or demolished, the numbered location on the project drawing of every asbestos sample, the CAC's OSHA Certification Number, and the date when the CAC's current OSHA Certification expires.
• Notify the District at least 10 working days prior to any demolition, even if no RACM is present.
• Employ the use of proper work practices outlined in the asbestos NESHAP.
• Comply with worker safety requirements (Cal OSHA).

Asbestos waste? Go to the California Department of Toxic Substances for manifest ID numbers for asbestos and hazardous waste.

District staff is typically available to answer asbestos-related questions from 8:00 a.m. to 11 a.m. at (707)443-3093 or you can email at support@ncuaqmd.org.