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Summary of Asbestos Requirements

This document contains general requirements for inspection and handling of asbestos during the demolition and renovation of buildings in North Dakota. It is a summary of the State regulations which affect the handling and disposal of asbestos-containing materials. This document should be used only as an interpretation guide and not as a substitute for the rule itself. You may obtain a copy of the complete State regulation from this web site or request a written copy by calling 701.328.5188.

General Requirements:

1. All affected parts of a facility being renovated or demolished must be inspected for the presence of asbestos-containing materials (ACM) prior to beginning the renovation or demolition project. The inspector must be asbestos-inspector certified through the North Dakota Department of Health (Department).

2. All regulated asbestos-containing material (RACM) that would be disturbed as part of a renovation or demolition must be properly removed before beginning the project. The individuals removing the material must be certified and the contractors licensed through this Department. RACM includes all friable ACM and nonfriable ACM that will be made friable during the project.

3. All asbestos-containing waste material must be properly disposed of in an approved landfill. A waste shipment record (WSR) must be started prior to transportation of asbestos-containing waste material. The WSR must be delivered to the landfill operator at the time the material is deposited for disposal. A copy of the completed WSR must then be submitted to this Department within ten (10) days of depositing the waste material.

4. A "Notification of Demolition and Renovation" form must be submitted in accordance with the following:

  • A. In a facility being demolished, a "Notification of Demolition and Renovation" form must be submitted to this Department ten (10) days prior to beginning any demolition activity. This is required whether or not the facility being demolished has ACM in it.

    B. In a facility being renovated, where more than 160 square feet of asbestos-containing surfacing material or more than 260 linear feet of asbestos-containing thermal system insulation on pipes will be disturbed, a "Notification of Intent" must be submitted to the Department ten (10) days prior to beginning the removal.

Several definitions from the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulation are provided below to assist in determining applicability of the regulation.

Definitions:

1. Category I Nonfriable Asbestos-Containing Material: Means asbestos containing packings, gaskets, resilient floor covering and asphalt roofing products containing more than 1% asbestos ...

2. Category II Nonfriable Asbestos-Containing Material: Means any material, excluding Category I nonfriable material, containing more than 1% asbestos ... that when dry cannot be crumbled, pulverized, or reduced to powder by hand pressure or by mechanical forces expected to act on the material.

3. Facility: Means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units) ...

4. Friable Asbestos Material: Means any material containing more than 1% asbestos... that when dry can be crumbled, pulverized, or reduced to powder by hand pressure or by mechanical forces expected to act on the material.

5. Regulated Asbestos-Containing Material: Means (a) friable asbestos material, (b) Category I nonfriable asbestos-containing material that has become friable, or has been subjected to sanding, grinding, cutting or abrading, (c) Category II nonfriable asbestos-containing material that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations...

The above identified requirements are contained in article 33-15 of the North Dakota Administrative Code. Failure to comply with these requirements may result in enforcement action up to and including fines and penalties.

The Notification of Demolition or Renovation form and other forms and lists can be obtained from this web site. If you require assistance or would like paper copies of the forms, you may contact the North Dakota Department of Health at (701)328-5188.


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