Asbestos Guidelines for Building Demolitions and/or Renovations
Building demolitions and renovations are a common occurrence in every town and city throughout the state. Many of these buildings contain asbestos. The South Dakota Department of Environment and Natural Resources (DENR) aims to improve knowledge of the asbestos regulations which in turn will hopefully eliminate asbestos exposures due to improper handling. The department believes that through advising municipal and county building officials of the current requirements that must be followed, proper removal will be conducted before these buildings are scheduled for demolition or renovation.
All institutional, commercial, public and industrial structures, installations and buildings are regulated. Residential buildings, including condominiums or individual dwelling units operated as residential cooperatives, with more than four dwelling units are also regulated. Single family residences usually are exempt, unless a group of residences on the same site under the same ownership are demolished or renovated as part of a larger project, such as highway construction or building expansion. In that case, the homes are regulated. Regulated means building owners must comply with the requirements of the National Emissions Standards for Hazardous Air Pollutants (NESHAP) when planning and performing demolition or renovation work. South Dakota has adopted the emission standards for asbestos by reference in the Administrative Rules of South Dakota (ARSD) 74:36:08:02 and training requirements found in ARSD 74:31 and SDCL 34-44. Some of these requirements are:
- INSPECTION - Prior to the commencement of any demolition or renovation, the affected structure or part of the structure where the work is to take place must be thoroughly inspected by a certified asbestos inspector for the presence of asbestos. The types and quantities of asbestos-containing materials shall be determined by the inspector who will also make recommendations for the need to remove or abate asbestos-containing materials. In addition, South Dakota Codified Laws (SDCL) 34-44-8 requires that any building owner/operator who solicits bids shall, as part of the bid document, specify whether the project does or does not involve asbestos-containing materials including type, location, and quantity if asbestos is present.
- NOTIFICATION - Notification requirements vary with the amount of regulated asbestos and type of activity taking place. All demolitions, including those where no asbestos is present, require a notification form be sent to DENR. For renovations, notifications are required when the amount of regulated asbestos material that will be disturbed is at least 260 linear feet or 160 square feet. All required notifications should be postmarked 10 working days prior to the start of any activity that may disturb asbestos. A copy of the notification form can be obtained by clicking on Notification Form for Demolition and Renovation Projects.
- TRAINING REQUIREMENTS - Regulated asbestos-containing material more than 3 square feet or 3 linear feet must be removed by certified individuals licensed by DENR. Category I and Category II non-friable asbestos containing material can be removed by non-certified individuals who have asbestos training according to OSHA regulations.
All regulated asbestos-containing materials must be removed from a structure being demolished or renovated before any activities are carried out that would break up, dislodge or similarly disturb the materials or prevent access to materials for subsequent removal. It should be noted that many other federal and state agencies have requirements when dealing with the removal and disposal of asbestos containing materials (OSHA and the Department of Public Safety).
DENR has the authority to enforce the SD asbestos program in lieu of the Environmental Protection Agency (EPA). Failure to comply with these requirements and any other asbestos requirements found in the statutes and administrative rules, referenced above, may result in enforcement actions and/or penalties. In some cases, individuals and companies can be prosecuted criminally. Both the building owner and the contractor share the responsibility of making sure these requirements are met.
For further information regarding asbestos, please contact Tony Wagner or Austin Michels by e-mail or by calling (605) 773-3153.
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