A demolition contractor in South Carolina tears into a commercial building without conducting an asbestos survey. The building was constructed in 1968. Pipe insulation, floor tiles, and ceiling material all contain asbestos. By the time anyone realizes the mistake, friable asbestos debris is spread across the site, workers have been exposed without respiratory protection, and neighbors have called the state environmental agency about dust blowing off the property.
The contractor is now facing federal NESHAP violations, OSHA citations for worker exposure, state enforcement action, a contaminated site requiring professional abatement, and potential personal injury claims that could surface years from now.
Every one of these consequences was avoidable with a pre-demolition asbestos survey.
The Federal Framework
Two federal agencies regulate asbestos, each with a different focus.
EPA NESHAP: Protecting the Public
The National Emission Standards for Hazardous Air Pollutants (NESHAP) for asbestos, found at 40 CFR Part 61, Subpart M, regulates asbestos emissions to the outdoor air during demolition and renovation of buildings. Its purpose is to protect the general public from airborne asbestos fibers.
Who it applies to: Owners and operators of any commercial, public, or industrial building undergoing demolition or renovation. NESHAP does not apply to residential buildings with four or fewer dwelling units, unless the work is part of a commercial project.
The inspection requirement. Before any demolition of a covered building, the owner or operator must have the facility thoroughly inspected for asbestos-containing materials (ACMs) by an accredited inspector. Before renovation, the affected area must be inspected. An ACM is any material containing more than 1% asbestos as determined by laboratory analysis.
Notification. Demolition projects in covered buildings require written notification to the appropriate EPA Regional Office and state agency at least 10 working days before work begins, regardless of whether asbestos is present. Renovation projects require notification only when a certain threshold of ACM will be disturbed: 260 linear feet on pipes, 160 square feet on other surfaces, or 35 cubic feet of ACM removed from facilities.
Removal before demolition. All regulated ACM (friable material and any material that will become friable during demolition) must be removed before demolition activities begin. Removal must follow specific work practice standards: adequate wetting, no visible emissions, proper containerization, and transport to an approved landfill.
Penalties. NESHAP violations can result in civil penalties of up to $51,744 per day per violation under current EPA enforcement policy. Criminal prosecution is possible for knowing violations.
OSHA: Protecting Workers
OSHA’s asbestos standards focus on protecting workers who may be exposed to asbestos fibers during their work. The construction industry standard (29 CFR 1926.1101) applies to all construction activities where workers may encounter ACMs.
Permissible Exposure Limit (PEL). The maximum allowable airborne fiber concentration is 0.1 fibers per cubic centimeter of air (f/cc) averaged over an 8-hour work shift. The excursion limit is 1.0 f/cc over any 30-minute period.
Exposure assessment. Before any construction activity that may disturb ACMs, the employer must assess whether workers may be exposed above the PEL. This can involve air monitoring or reliance on presumptive exposure data for specific activities.
Classification of work. OSHA classifies asbestos construction work into four classes:
– Class I: Removal of thermal system insulation (the highest risk)
– Class II: Removal of other ACMs not classified as thermal system insulation (floor tiles, roofing, siding)
– Class III: Repair and maintenance operations involving small amounts of ACM
– Class IV: Custodial activities where employees contact but do not disturb ACMs
Each class has specific requirements for training, respiratory protection, engineering controls, work practices, and medical surveillance.
Training. All workers who may contact ACMs must receive asbestos awareness training. Workers performing Class I through III activities require more extensive training depending on the class of work.
Medical surveillance. Employees exposed above the PEL or excursion limit must be enrolled in a medical surveillance program including periodic medical examinations.
Penalties. OSHA can impose penalties of up to $16,131 per serious violation and up to $161,323 per willful or repeated violation.
Georgia EPD Requirements
The Georgia Environmental Protection Division (EPD) administers asbestos regulations at the state level under the Georgia Rules for Air Quality Control, Chapter 391-3-1.
Accreditation. Georgia requires that asbestos inspectors, project designers, contractors, supervisors, and workers be accredited through state-approved training programs. You cannot legally perform asbestos inspection or abatement in Georgia without proper accreditation.
Notification. Asbestos abatement projects must be reported to Georgia EPD at least 10 working days before work begins. The notification must include the facility information, description of the ACM to be removed, scheduled start and completion dates, and the name and accreditation number of the abatement contractor.
Work practice standards. Georgia EPD requires compliance with federal NESHAP work practices and may impose additional state-specific requirements. Inspections by EPD staff can occur at any time during an abatement project.
Disposal. Asbestos waste must be transported in sealed, labeled containers to a landfill permitted to accept asbestos waste. Manifests must be maintained documenting the chain of custody from removal through disposal.
South Carolina DHEC
For projects across the river in South Carolina, the Department of Health and Environmental Control (DHEC) regulates asbestos activities. South Carolina requirements closely parallel federal NESHAP with additional state notification and licensing requirements.
Common Compliance Failures
No pre-demolition survey. The most common and most costly mistake. Proceeding with demolition without an asbestos inspection violates NESHAP and creates uncontrolled exposure risk for workers and the public.
Untrained workers disturbing ACMs. Maintenance staff, general laborers, or subcontractors who drill, cut, or remove materials without knowing they contain asbestos. OSHA places the obligation on the employer to identify ACMs and train workers accordingly.
Inadequate notification. Failing to notify EPA and the state agency before demolition or large-scale renovation involving ACMs. Even projects where ACMs will be properly removed require advance notification.
Improper disposal. Asbestos waste placed in regular construction dumpsters or disposed of at unpermitted facilities.
What You Should Do
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Always conduct an asbestos survey before demolition or renovation of any pre-1990 building. This is legally required for commercial buildings and prudent for residential projects. The survey cost is a tiny fraction of the enforcement exposure you face without one.
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Verify accreditation. Any inspector or abatement contractor you hire should be able to provide their Georgia EPD or South Carolina DHEC accreditation credentials. Ask for them.
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Keep records. Maintain inspection reports, notification receipts, abatement project documentation, waste disposal manifests, and air monitoring results. These records protect you if questions arise years later.
If you need an asbestos survey before a demolition or renovation project, the EnviroPro 360 team can get an accredited inspector to your site. Reach out here and we’ll help you stay on the right side of the regulations.
