Most Common Questions About Asbestos Regulations And Laws
Asbestos, once hailed as a miracle building material for its heat resistance and durability, has left a devastating legacy of illness and death across the globe. Linked to a range of serious health conditions, including lung cancer and mesothelioma, asbestos exposure remains a pressing public health concern. To address this issue, governments worldwide have implemented asbestos regulations and laws aimed at managing material use and protecting public health.
In this blog post, we take a deeper dive into asbestos regulations, specifically the European Union (EU) and the United States (US). Despite sharing common goals of safeguarding citizens from asbestos-related harm, the EU and the US have adopted distinct regulatory frameworks shaped by their unique historical, legal, and political contexts.
Do They Still Use Asbestos Today?
Before we take a closer look at the USA (and our local Chicago region), we’ll first cover the EU’s comprehensive action against asbestos materials.
The European Union (EU) implemented a phased approach to ban asbestos, recognizing its severe health risks. In 1983, Council Directive 83/477/EEC was introduced, focusing on protecting workers from asbestos exposure in the workplace. In 1999, Directive 1999/77/EC partially banned the use of asbestos, prohibiting its inclusion in new products like construction materials and friction components. Some exceptions were made for specific uses lacking viable alternatives.
The total ban on asbestos came into effect with the REACH Regulation in 2005. This regulation banned the import, sale, and use of asbestos and asbestos-containing products across all EU member states, aiming to protect workers and the general population. The EU’s stringent regulations reflect a commitment to protecting public health through minimizing asbestos exposure risks.
Is Asbestos Still Legal in the US? Asbestos Regulations and Laws in the US
No, and it is only partially banned. In contrast with the EU, the USA still imports hundreds of tons of asbestos materials each year. While the EPA has tried to ban the substance, the only resemblance of a federal ban is their 1989 Asbestos Ban and Phase-Out Rule, which is, at best, a partial ban.
The EPA has also worked to implement the following asbestos restrictions, according to Asbestos.com:
- The Clean Air Act of 1970: Classified asbestos as hazardous air pollutants and granted EPA regulatory authority over the use and disposal of asbestos.
- The Consumer Product Safety Act of 1972: Banned asbestos in all wall patching compounds and artificial fireplace embers.
- Medical Device Amendments of 1976: Gave the US Food and Drug Administration power to ban asbestos-containing filters in pharmaceutical production.
- Toxic Substances Control Act of 1976: Granted the EPA the authority to place federal restrictions on certain chemicals such as asbestos, radon, and lead-based paint.
- Asbestos Hazard Emergency Response Act of 1986: Required the EPA to establish federal standards for inspecting and removing asbestos found in schools.
While several new acts and bills have been introduced, they have yet to be passed as of 2023. The US is one of the only remaining world powers without comprehensive Asbestos bans. This lack of legislation is mainly due to resistance from the asbestos industry and other political interests.
Is Asbestos Illegal in Illinois?
Current Status:
While the use of asbestos has significantly declined in many parts of the world, it is not entirely eradicated. Existing structures and products containing asbestos still pose potential risks, necessitating careful management and, in some cases, professional removal.
Identification:
Asbestos-containing materials are not always easily recognizable. Professional inspection and testing may be required to determine the presence of asbestos in homes or buildings. Disturbing asbestos-containing materials without proper precautions can release harmful fibers into the air, posing a severe health risk.
What is Asbestos Encapsulation?
Asbestos encapsulation manages asbestos-containing materials (ACM) rather than removing them. It involves applying a sealant to the ACM, which encases the asbestos fibers in a protective barrier, preventing them from being released into the air.
Is Asbestos Encapsulation Legal In The US?
Asbestos encapsulation is a recognized and legal method in the US for managing asbestos-containing materials (ACMs) that are in good condition or slightly damaged.
There are two primary types of encapsulants:
1. Penetrating encapsulants
These soak into the ACM and bind the asbestos fibers within the material. They are used when the goal is to maintain the integrity of the ACM and prevent the release of fibers from within.
2. Bridging encapsulants
These form a more substantial, impermeable layer on the surface of the ACM, effectively creating a ‘bridge’ over the material that prevents fiber release. Bridging encapsulants are typically used on surfaces where the asbestos is more likely to be disturbed.
Is Asbestos Encapsulation Legal In Illinois?
Asbestos encapsulation is a legal and recognized method for managing asbestos in Illinois, and it is subject to strict regulations and guidelines to ensure public safety and environmental protection. It’s advisable to consult with licensed asbestos professionals and adhere to state and federal regulations when considering asbestos encapsulation or other asbestos-related activities in Illinois.
Do You Legally Have to Remove Asbestos?
It depends on what the building is and what it’s used for.
For owners of a home or an apartment building, you are not always required to remove asbestos in the building, but you must notify the tenants living inside. The distinction between being required to remove asbestos is whether the asbestos has a risk of becoming airborne. If this risk exists, then the asbestos must be removed.
Similar to residential owners, commercial buildings have to be responsible for liability of reasonable protection from asbestos. This means if anyone in the building has a reasonable risk of inhaling asbestos, then the asbestos must be removed.
Can You Sell a Home in Illinois Without Disclosing the Presence of Asbestos?
In Illinois, when selling a home, sellers are legally required to disclose if they are aware of “unsafe concentrations of or unsafe conditions relating to asbestos on the premises” on the Illinois Residential Real Property Disclosure Form.
How Can I Legally Remove Asbestos?
Legally removing asbestos involves a careful and regulated process, primarily handled by professionals due to the health risks associated with asbestos exposure. Here’s a general overview of the steps involved federally and regulations in Illinois.
Removing Asbestos in the US
When it comes to the US as a whole, there are many different asbestos regulations and laws that you need to be familiar with. Here are a few of the most common asbestos regulations and laws you will find:
1. Identification and Inspection
Suspected asbestos-containing materials (ACMs) must be identified. A certified asbestos inspector should conduct a thorough inspection to determine the presence and condition of ACMs in the building.
2. Notification
Before removal work begins, regulations typically require that local or state environmental agencies be notified. The notification process might include details about the project, such as the start date, location, and the amount of asbestos being removed.
3. Hiring Accredited Professionals
Asbestos removal must be performed by accredited professionals trained and certified in asbestos abatement procedures. This ensures that the work is done safely and complies with regulatory standards.
4. Safety Measures and Work Plan
A comprehensive work plan with safety measures for workers and occupants should be developed. This includes establishing a regulated work area, using appropriate Personal Protective Equipment (PPE), and detailing the methods for removal and disposal.
5. Asbestos Removal
The actual removal process involves wetting the asbestos materials to minimize fiber release, carefully removing the materials, and sealing them in leak-proof containers for disposal.
6. Cleanup and Waste Disposal
Following removal, the area must be thoroughly cleaned using HEPA vacuum cleaners and wet wiping methods to ensure no asbestos fibers remain. Disposal of asbestos waste must be done at a facility licensed to receive it, adhering to state and federal regulations.
7. Final Inspection and Air Monitoring
After removal and cleanup, an independent third party should conduct a final inspection and air monitoring to ensure that the area is safe and that asbestos fiber levels are below regulatory limits.
8. Documentation
Proper documentation of the asbestos removal process should be maintained for regulatory compliance and future reference, including waste disposal records, air monitoring results, and a summary of the work performed.
Removing Asbestos in Illinois
Asbestos regulations and laws vary from state to state, so it’s good to know about your local regulations. The steps for removing asbestos in Illinois are the same as federally but with some modifications.
Before starting any asbestos removal project in Illinois, a notification must be submitted to the Illinois EPA, along with a fee, at least ten working days in advance. This is crucial for regulated asbestos demolition or renovation projects, and the notification must include detailed information about the project.
In addition to the Illinois EPA’s requirements, the Illinois Department of Public Health (IDPH) mandates that individuals managing or abating asbestos in schools, commercial, or public buildings must be trained and licensed.
The IDPH also reviews asbestos management plans for schools and inspects abatement projects to confirm they meet state and federal laws.
It’s important to note that local governmental entities, such as the City of Chicago and Cook County, might have additional asbestos regulations and laws. These local regulations and ordinances could involve further notices and fee assessments, so it’s advisable to check with local authorities before commencing any renovation or demolition activities involving asbestos.
Do I Need a Permit to Remove Asbestos from My Home?
One of the most common asbestos regulations and laws questions we hear is “Do I need a permit to remove asbestos from my home?” Depending on your state, a permit may be required to remove asbestos.
Illinois requires an Asbestos Abatement permit application for all asbestos projects (residential, commercial, institutional, and industrial). It must be applied for at least ten (10) working days before the start of the project.
Does Insurance Cover Asbestos Removal?
Unfortunately, most homeowners insurance doesn’t typically cover the cost of removing asbestos. But be sure to check your insurance policy to verify whether asbestos removal is covered by your insurance policy. We take a deeper dive into insurance coverage for asbestos in another blog.
Do I Have to Hire a Licensed Asbestos Professional in Illinois?
A licensed asbestos professional is required when it comes to identification, removal, disposal, and final inspection for asbestos removal.
Where to Go for the Best Licensed Asbestos Professional Removal in Chicago
Asbestos Project Management, located in Chicago, Illinois, is the best professional option for asbestos inspections, removal, and disposal. They have 24-hour emergency response services and years of experience being the authority in asbestos abatement in Chicago.
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