Asbestos regulation in the United States is not the domain of a single agency. Federal oversight is split primarily between the Occupational Safety and Health Administration and the Environmental Protection Agency, each with its own set of rules, enforcement mechanisms, and penalties. State agencies add another layer of requirements that can vary significantly depending on where your business operates. For business owners, staying compliant means understanding all of these frameworks, not just one.
OSHA’s Role in Asbestos Regulation
OSHA’s primary concern is worker safety. The agency’s asbestos standards are divided into three main categories: general industry, construction, and shipyard employment, each with its own specific requirements. For most business owners outside of specialized industrial settings, the construction standard is the most relevant, covering any work that disturbs asbestos-containing materials in buildings.
Under the OSHA construction standard, employers must assess whether asbestos-containing materials are present before work begins. If asbestos is identified, workers must be appropriately trained, and the level of training required depends on the type of work being performed. Class I work, which involves the removal of thermal system insulation and surfacing materials, carries the most stringent requirements. Class IV work, which involves custodial activities near, but not disturbing, asbestos materials, has lighter requirements but still mandates awareness training.
OSHA requires air monitoring in many asbestos work scenarios to ensure that fiber concentrations do not exceed the permissible exposure limit of 0.1 fibers per cubic centimeter of air, averaged over an eight-hour workday. A short-term excursion limit of 1.0 fiber per cubic centimeter applies for any 30-minute sampling period. Employers who exceed these limits must take immediate corrective action.
EPA’s Overlapping Authority
The EPA regulates asbestos primarily through the Clean Air Act and the Toxic Substances Control Act. The National Emission Standards for Hazardous Air Pollutants rule, known as NESHAP, governs asbestos in demolition and renovation projects. Under NESHAP, building owners and operators are required to notify the appropriate state or local agency before any demolition or renovation that will disturb a regulated amount of asbestos-containing material.
The EPA also regulates the disposal of asbestos waste, requiring that it be wetted, sealed in leak-tight containers, and taken to an approved landfill. Violations of NESHAP disposal requirements have resulted in some of the most significant EPA enforcement actions in recent years.
The EPA’s Asbestos Hazard Emergency Response Act, or AHERA, applies specifically to schools and requires that school buildings be inspected for asbestos-containing materials. While AHERA does not directly apply to commercial buildings, its inspection and management plan framework is often cited as a model for best practices in other settings.
State-Level Regulations
Many states have adopted asbestos regulations that go beyond federal minimums. Some states require that all asbestos abatement contractors be licensed by a state agency. Others mandate notification of state environmental or health agencies before any asbestos project begins, even those that fall below federal NESHAP thresholds. Several states also require that building owners provide tenants and occupants with information about the presence of asbestos-containing materials.
If your business operates in multiple states, you need to be aware that compliance in one jurisdiction does not guarantee compliance in another. A practice that is acceptable in one state may trigger enforcement action in another. Working with legal counsel familiar with the specific regulatory environment in each state where you operate is advisable.
Recent Regulatory Developments
In 2024, the EPA took a significant step by finalizing a rule that bans ongoing uses of chrysotile asbestos, which is the only form of asbestos still commercially imported and used in the United States. This ban phases out uses in products including chlor-alkali manufacturing, and it signals a broader regulatory trajectory toward eliminating all commercial asbestos use. Business owners in industries that have historically used asbestos-containing materials should be monitoring regulatory developments closely.
OSHA has also been active in proposing updates to its asbestos standards, with particular attention to modernizing air monitoring requirements and updating training mandates to reflect current scientific understanding of asbestos-related disease.
Steps Toward Compliance
Achieving and maintaining compliance begins with a clear understanding of what you have. Any building constructed before 1980 should be presumed to contain asbestos-containing materials until a qualified inspector says otherwise. Maintain a written asbestos management plan, even if one is not strictly required by law in your jurisdiction. Train your employees to recognize asbestos-containing materials and know what to do if those materials are disturbed accidentally.
Keep records of all inspections, abatement projects, air monitoring results, and worker training. These records can be invaluable if your business is ever subject to a regulatory inspection or a legal claim. Compliance is not a one-time event but an ongoing process that requires regular attention as your business, your facilities, and the regulatory landscape evolve.
