Frequently Asked Questions: Asbestos Regulations

Which government agencies regulate asbestos in Virginia?

The Virginia Department of Labor and Industry (DOLI) regulates asbestos through enforcement of the Virginia Occupational Safety and Health (VOSH) regulations, enforcement of the Environmental Protection Agency’s National Emission Standards for Hazardous Air Pollutants (NESHAPS), and enforcement of the Asbestos Notification regulations found in the Labor Laws of Virginia (§40.1-51.20). Agency locations and regulations can be found on the agency Web site http://www.doli.virginia.gov.
The Virginia Department of Professional and Occupational Regulation (DPOR) is responsible for all company and individual licensure in Virginia. Licensure and regulatory information can be found on DPOR’s Web site http://www.dpor.virginia.gov/

The Virginia Department of Environmental Quality is responsible for the regulation of landfills in Virginia. Information on the disposal of asbestos in Virginia landfills can be obtained from the DEQ Web site http://www.deq.state.va.us/

When is an asbestos notification required?

Under Virginia regulations, a notification is required for any asbestos abatement project greater than ten linear or ten square feet. Notifications are also required for essentially all demolition projects, regardless of whether asbestos containing materials are not present in the structure.

When is a notification not required?

A notification is not required for nonfriable asbestos containing roofing, flooring and siding materials which when installed, encapsulated or removed do not become friable. If the material is in good shape and removed using OSHA’s compliant work practices, then notification is not generally required. If the material is not in good shape, the matrix binding the asbestos fibers has deteriorated, or mechanical means are used to remove the material, resulting in more than incidental breakage, then notification is required. Activities such as grinding, mechanical chipping, sawing or drilling can make the asbestos containing material friable and would require notification.

Demolition of residential structures which do not meet the NESHAPS definition of facility does not require notification.

Is there a notification and permit fee?

Yes, an asbestos project permit fee must be submitted with the completed project notification for non-residential structures. The fee is in accordance with the following schedule:
$50 for each project equal to or greater than 10 linear feet or 10 square feet up to and including 260 linear feet and 160 square feet.
$160 for each project equal to or greater than 260 linear feet or 160 square feet up to and including 2600 linear feet and 1600 square feet.
$470 for each project equal to or greater than 2600 linear feet or 1600 square feet.
If the amount of the asbestos is reported in both linear feet and square feet the amounts will be added and treated as if the total were in all square feet for this subsection.
$15 for each amended notification.

Is there a form or format for notification?

Yes, there is a form for notifications. You can obtain this form from the Department of Labor and Industry Web site https://www.doli.virginia.gov/vosh-programs/asbestos-lead/ or by contacting the Department at the address below:
Virginia Department of Labor and Industry
Main Street Centre Bldg.
600 East Main Street Suite, Suite 207
Richmond, Virginia 23219

How do I notify?

Notifications required by the Department of Labor and Industry regulations shall be sent to the address above by certified mail or hand delivery. Notifications shall be postmarked or delivered twenty calendar days before the beginning of any project. Notifications may also be sent by facsimile transmission for projects that do not require a fee or projects with fees paid by credit card.

Notifications required by the United States Environmental Protection Agency’s NESHAPS regulation must be sent to the Department as described above except the notification period is 10 working days. *Note: EPA does not allow facsimile transmission. NESHAPS required notifications must also be sent to EPA at the address below:

Asbestos Coordinator
USEPA
Region III
Mail Code 3LC62
1650 Arch St.
Philadelphia, PA 19103-2029

When do I receive the asbestos permit to start work?

The Department will generally issue the permit within seven working days of the receipt of the completed notification form and permit fee. The notification does not become effective until a complete form is submitted and the proper permit fee is enclosed with the completed form or the credit card payment has been approved.

Can I request an exemption from the 20-calendar or 10-working day reporting period?

Yes, A complete waiver of the 20-calendar or 10-working day reporting period may be granted only under conditions constituting an emergency involving protection of life, health or property, including but not limited to: leaking or ruptured pipes; accidentally damaged or fallen asbestos that could expose non-asbestos workers or the public; unplanned mechanical outages or repairs essential to a work process that requires asbestos removal and could only be safely removed during the mechanical outage. The notification and any applicable fees must be submitted within five working days after the start of the emergency abatement. A detailed description of the emergency must be included when filing an emergency notification.

A partial waiver of the reporting period may be granted if there are circumstances that prevented the timely notification of this project and specific hardships which are created by the required reporting period. A detailed statement signed by the facility owner explaining such circumstances should accompany the notification. The statement should include dates project was planned, dates the facility was inspected and any pertinent information on the inspection process. Any request based on financial hardship must include a complete financial statement outlining all financial aspects. If notifications are required to be sent to EPA, copies of any waiver requests should be attached to those notices.

How do I notify the Department about large-scale projects at a single site?

Blanket notifications can be submitted for large-scale projects of a long duration at a single site. They are not to be used for the purpose of having an abatement contractor on call. The contractor must be engaged in an asbestos project on every workday during the notification period, excluding weekends and holidays. It does not include reinsulation of the pipes or any other non-asbestos related construction activity at the site.

These projects must also be at one site, such as a large industrial plant or an office building under renovation. Blanket notifications including multiple addresses will be accepted only where the addresses are contiguous to each other and are under the same ownership. An example of this would be a large apartment complex where work will be done in each building. For these you must submit a work plan for the site that includes when each building will be done.

A blanket project may last no longer than one year. If the project extends longer, you must submit another notification for the remaining period. If there is a break in the work, the contractor is required to amend the notification to show the period when the activity was suspended.

What if there are gaps in the asbestos abatement work to allow other non-abatement contractors to work?

A phased notification may be used for large renovation projects that must be broken up in pieces to allow other non-abatement contractors time to work between the abatement periods. This type of project requires the following:
The work must be performed in a single building.
The length of the project cannot exceed one calendar year.
The phases were bid as a single project.
There are no more than five separate phases.
The dates and times for the phases must be set out clearly in the notification.
If the project is to run longer than one year, or have more than five phases, a separate notification must be submitted for the excess amounts.

What if I fail to notify the Department of any asbestos or demolition project?

Improper notification to the Department of any asbestos and or demolition project as well as failure to amend any revisions to the project dates and other required information on the original notification form may result in citations and monetary penalties.