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EPA Issues Clarification on Asbestos Sampling in Newer Buildings

There is a common misconception in the environmental industry that buildings built after 1980 are not required to be inspected for asbestos. However, according to the United States Environmental Protection Agency’s (EPA) Natural Emission Standards for Hazardous Air Pollutants (NESHAP), the age of the building does not affect whether an inspection needs to be done prior to renovation or demolition.

What is Asbestos?

Asbestos refers to two groups of minerals that are naturally occurring in rock and soil. Due to its fiber strength and heat-resistant characteristics, asbestos is used in a wide variety of building materials. Asbestos containing materials (ACM) include, but are not limited to, floor tiles, roofing shingles, insulation, and plasters.

When asbestos fibers are disturbed, they can easily become airborne. These fibers are then inhaled and can cause fatal diseases including, but not limited to, lung cancer, asbestosis, and mesothelioma.

Requesting Clarification

In January 2016, a letter was sent to the EPA asking for clarification regarding what documentation would be needed to identify building materials as non-ACM. According to the author, the following documentation had been commonly relied on by building owners to waive the inspection requirement under NESHAP:

  • Safety Data Sheets (SDS) for installed building products
  • Letters from each manufacturer certifying that their products do not contain ACM
  • Letters from each installer certifying that the installed products are not ACM

The EPA replied to that letter, stating that the owner/operator, prior to a renovation or demolition, must conduct a thorough inspection of either the whole facility or the portion of the facility that will be affected by the renovation or demolition operation, except for residential structures of four or fewer dwelling units, regardless of the date of its construction.

The Issue with Documentation

The EPA further stated that obtaining documentation from manufacturers and installers is not a guarantee that ACM is not present. There have been several instances where follow-up testing found ACM in buildings built after 1980. Furthermore, the EPA currently allows for asbestos to be used in various types of building materials.

The EPA also mentions that the owner/operator may use certain forms of acceptable documentation to certify materials as non-ACM in lieu of an inspection, depending on the circumstances. Applicable documentation would need to provide an explanation on how the asbestos content or lack thereof was determined. Polarizing Light Microscopy (PLM) is the only method of analysis for asbestos that complies with the regulation.

Conclusion

In conclusion, there are three ways to comply with EPA’s Asbestos NESHAP regulations: conduct asbestos sampling and analysis prior to any renovation or demolition, obtain certain forms of acceptable documentation certifying that building materials are not ACM, or simply assume building materials are ACM and follow the applicable regulations accordingly.

For more information, contact PHASE Associates at 973-597-0750 or www.phaseassociate.com. Our certified asbestos consultants have extensive experience providing turnkey asbestos services to a wide range of industries and companies in the private, public and academic sectors.

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Our Google Reviews

Alex and his team are exceptional!They pay great attention to detail, are very conscientious of the work that they are performing, punctual, and extremely professional.
Ashley Gichuki
Ashley Gichuki
18:11 13 Mar 25
Elio was superb!VERY professional, helpful, explained every detail clearly to me. Offered suggestions to prevent my situation from re-occurring.He is worth his weight in GOLD!
Debra Gentile-Wood
Debra Gentile-Wood
17:31 13 Feb 25
There is not enough stars on here to give credit to the young man that came to my house to give me information about Asbestos, the gauge on my furnace and clean up in my basement. His name is ELIO. I am hoping to get my basement cleaned out and i will get it done by your company. Elio was so very helpful !
linda zeeger
linda zeeger
18:49 06 Feb 25
e.h.c. was contracted to remove flooring asbestos from my residence. Their service was outstanding from my initial contact through the removal process. Crew was prompt, courteous, and the job was completed within the specified time frame. The work area was left in spotless condition. Luis was the crew leader and he was a pleasure to work with. I highly recommend e.h.c. for any project involving the removal of hazardous materials.
Mike Bitts
Mike Bitts
14:45 06 Feb 25
We had a really great experience with Ernesto and the team doing a great job getting our house in order. They were all very friendly and did above and beyond what was expected! I would highly recommend EHC!
Rochelle Timmins
Rochelle Timmins
19:00 15 Nov 24
Pedro Alvarez and crew did a fantastic job on our windows and bedroom doors. It far exceeded our expectations. It all turned out beautifully. Crew was respectful and courteous. Well appreciated. Thank you so much. Monserrate and Madelyn N.
Madelyn R Negron
Madelyn R Negron
14:35 13 Nov 24
After calling around to different companies I decided to have EHC remove around 1000sqft of asbestos from my home. Elio, Alex & their team made the process quick, efficient and easy from start to finish. Their work was impeccable and their professionalism in taking care of everything was astounding. I can’t recommend them enough!
Marisa Blas
Marisa Blas
13:52 08 Nov 24
First I want to thank Barb for working with my wife and I over the phone, she is awesome. Second we would like to thank Elio for coming into our home to explain everything that was going to be done. Last we want to thank Louis and his awesome crew that was at our house. They were so accommodating to us and our pets. Great people like this in the industry go unnoticed, but my wife Erin & I want you all at EHC to know you are valued very much!
Mike Varner
Mike Varner
16:42 01 Nov 24
We had Elio Cirilo come out to assess and quote asbestos removal at our plant. Their price was fair and they were able to come out very quickly to tackle the job. Alex Henriquez was the supervisor for the job and he was great with communication and making sure that all of our requests were met and safety protocols were followed. They even did a big job in a quarter of the time I expected. I can't recommend them enough!
Josh Miller
Josh Miller
18:56 30 Sep 24
I would like to share my experience with one of your employees. I found out I had asbestos exposure in one of the main basement pipes at my house, which I had recently purchased. Elio Cirilo was very professional from start to end with this process. I actually was very impressed with his communication skills; he explained the before-and-after process of asbestos removal in detail, answered all my questions without any hesitation and did not rush things; I actually felt like he cared, which is rare to find these day, dressed very professional, and his professional knowledge made me feel more comfortable and at ease with everything before leaving, since at the time I was feeling very stressed out about the whole situation and not knowing whether I would be able to afford this or not, since I am a single mother. Although, I decided to go elsewhere for my asbestos removal, I would definitely recommend your company because of employees like Elio, who make the process a little less painful.
Nydia Flores
Nydia Flores
19:53 09 Sep 24
Alex and his guys showed up on time. Got right to work and did a great job.
Kurt Curtis
Kurt Curtis
16:43 09 Aug 24
We were really impressed with Elio Cirilo. He was honest and took his time with us. Due to this, I would highly trust this company in the future and will recommend them! Thanks Elio! You're a great guy!
Nicole Bianchi
Nicole Bianchi
13:34 10 Jul 24
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