Asbestos Laws Explained

Asbestos is covered by several different federal laws, each run by a different agency with a different goal. OSHA protects workers. EPA protects the public and the environment during renovation, demolition and disposal, and protects children in schools. States and cities add their own rules on top. This page explains who does what, so you know which rules apply to your job.

Part of our asbestos deep dive: Asbestos basics · Licenses & training · Rules by state · For homeowners

The big picture

Law or ruleAgencyWho it protectsWhat it covers
OSHA asbestos standardsOSHA (and state OSHA plans)WorkersExposure limits, work practices, training, respirators and medical exams for anyone who works around asbestos
Asbestos NESHAP (Clean Air Act)EPA, usually delegated to state or local air agenciesThe public and the environmentInspection before renovation and demolition, notification, removal work practices and disposal
AHERAEPA (some states run it)Students and school staffInspections, management plans and accredited people in K–12 schools
ASHARA and the Model Accreditation PlanEPA and statesBuilding occupants and workersTraining and accreditation for people who inspect, design, supervise and do asbestos work in schools and public and commercial buildings
TSCA asbestos rules, including the banEPAEveryoneManufacturing, importing and new uses of asbestos
State and local rulesState health, labor or environmental agencies; cities and countiesWorkers and the publicLicensing, notification and fees, rules for homes, and disposal

OSHA: protecting workers

OSHA has three asbestos standards: construction (29 CFR 1926.1101), general industry (29 CFR 1910.1001) and shipyards (29 CFR 1915.1001). Most building work, including renovation, repair, maintenance, demolition and abatement, falls under the construction standard.

Key requirements

In states and territories with their own OSHA-approved plans for private employers, the state enforces rules that are at least as protective, and sometimes stricter. See State OSHA Plans.

EPA asbestos NESHAP: renovation, demolition and disposal

The National Emission Standard for Hazardous Air Pollutants for asbestos (40 CFR Part 61, Subpart M) keeps asbestos fibers from being released into the air during renovation, demolition and waste handling. EPA has delegated it to most states and many local air agencies, so you usually deal with a state or county office.

What buildings it covers

The NESHAP applies to “facilities”: commercial, industrial, institutional and public buildings, and residential buildings with more than four dwelling units. Homes and residential buildings with four or fewer units are generally not covered, unless they’re part of a larger project (such as several houses demolished for a highway or development), or are demolished by a government for reasons like urban renewal. State and local rules may cover homes even when the NESHAP doesn’t.

What it requires

What counts as “regulated” asbestos material

AHERA: asbestos in schools

The Asbestos Hazard Emergency Response Act (40 CFR Part 763, Subpart E) applies to public school districts and non-profit private schools, including charter and religious schools, for grades K–12. Schools must:

Twelve states have an EPA waiver and run their own school asbestos programs: Colorado, Connecticut, Illinois, Kentucky, Louisiana, Maine, Massachusetts, New Hampshire, Oklahoma, Rhode Island, Texas and Utah.

Accreditation: ASHARA and the Model Accreditation Plan

The Asbestos School Hazard Abatement Reauthorization Act of 1990 extended accreditation requirements beyond schools to public and commercial buildings. EPA’s Model Accreditation Plan sets minimum training for five disciplines: worker, contractor/supervisor, inspector, management planner and project designer. Most states run their own accreditation or licensing programs that meet or exceed the plan. See Asbestos Licenses & Training.

Bans on asbestos products (TSCA)

Important: These bans don’t remove asbestos already in buildings. Millions of homes, schools and commercial buildings still contain asbestos materials installed decades ago, and the worker and NESHAP rules still apply when they’re disturbed.

Other rules that can apply

Which rules apply to my project?

SituationUsually applies
Contractor renovating an office buildingOSHA, NESHAP (inspection and possibly notification), state licensing and notification, local permits
Demolishing a commercial buildingOSHA, NESHAP (inspection and notification always), state rules, local permits
Maintenance staff in a schoolOSHA, AHERA (training, management plan), state rules
Contractor hired to remodel a single-family homeOSHA (for the contractor’s workers); state licensing, inspection and notification rules vary widely; NESHAP usually does not apply
Homeowner working on their own houseOften exempt from licensing and NESHAP, but not everywhere. State and local rules and disposal rules still apply. See Asbestos for Homeowners.
Apartment building with five or more unitsOSHA, NESHAP, state rules

Because states differ so much, always check your state’s program. See Asbestos Rules by State.

Flowchart from “Planning work on an older building?” to inspection, notification, licensed abatement and disposal.
Planning work on an older building: the asbestos steps

Standards & references

Related: Asbestos · Asbestos Licenses & Training · Asbestos Rules by State · Demolition · Abatement Workers

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