Regulatory Requirements

This bulletin only addresses requirements that are the regulatory responsibility of the Missouri Department of Natural Resources (DNR). The DNR Air Pollution Control Program (APCP) enforces the requirements of 40 CFR Part 61, Subpart M, The National Emission Standard for Asbestos, (the asbestos National Emission Standard for Hazardous Air Pollutants for Asbestos or NESHAP) and associated federal guidance and clarification for regulating notification and work practices requirements for projects in "outstate" Missouri. Outstate Missouri includes all areas of the state not in one of the four local jurisdictions as noted in the table below:

Outstate Missouri Area Jurisdiction

Jurisdiction Agency Phone Number
Kansas City Proper
Kansas City Health Department, Air Quality Section
Springfield Proper
Springfield Greene County Health Department
St. Louis County
St. Louis County Health Department
St. Louis Proper
St. Louis Division of Air Pollution Control
In these four areas, APCP has delegated asbestos related activities to the agency indicated. Delegated responsibilities include notification, inspection and compliance activities. Contact the appropriate agency for any such asbestos related activities in one of these four jurisdictions. It is very important that you contact the appropriate agency, since local agencies may have more stringent requirements than APCP. Individual occupational certification and contractor registration responsibilities are retained by ACPC. Activities that involve the disturbance, removal, transportation or disposal of asbestos containing materials are also subject to regulation by agencies such as the U.S. Environmental Protection Agency (EPA), Occupational Safety and Health Administration (OSHA), and the Department of Transportation (DOT).

Single Residential Structure
Renovation or demolition involving a single residential structure of four dwelling units or less is exempt from the asbestos NESHAP requirements unless the structure is intentionally burned for fire training. Intentional burning of even a single structure for a fire training exercise is regulated. Additionally, asbestos waste and demolition waste generated from any renovation or demolition activity, including those activities to which the asbestos NESHAP does not apply, are regulated solid wastes and must be disposed of in accordance with the requirements of the Missouri Solid Waste Management Law and regulations or any applicable local ordinances. NESHAP regulates demolition or renovation of two or more residential structures as part of a project or on the same job site. Examples of these activities include demolition as part of a highway project or for a shopping center.

Regulated Structure
Regulated structures being demolished under an order of a state or local government agency because they are structurally unsound and are in danger of imminent collapse are exempt from certain provisions of NEAHAP. For structures declared unsafe by a government entity, only those portions or areas that have been declared unsafe are exempt from the requirements to conduct an inspection and remove all regulated quantities of asbestos containing materials prior to demolition. Unsafe areas must be properly wetted during demolition to minimize potential asbestos fiber release. Debris must be inspected following demolition and any demolition waste containing regulated quantities of asbestos must be handled by a registered asbestos abatement contractor. APCP or the appropriate local air pollution control agency should be contacted prior to the demolition of any unsafe structure.

Prior to demolition or renovation activities, regulated structures or areas must be inspected for the presence of all asbestos containing materials by a state certified inspector. Demolition or renovation activities in structurally sound or safe structures that involve the disturbance of greater that or equal to 160 square feet, 260 linear feet or 35 cubic feet of friable (or nonfriable ACM that will be rendered friable during removal, disturbance or disposal) asbestos containing materials must be conducted by a state registered asbestos abatement contractor.

These projects require notification to APCP or local agency at least 10 working days in advance of the start date of the project and must be performed by a contractor registered with APCP using Missouri-certified personnel. All demolition, regardless of the presence or absence of ACM, requires a 10 working day advance notification. Additionally, NESHAP requires removal of ACM prior to demolition, depending on the amounts and types of ACM present and the method of demolition.

The information needed for notification and the notification form can be found in the Asbestos NESHAP. Notification for projects in the outstate area should be submitted to:
DNR, Air Pollution Control Program
P.O. Box 176
Jefferson City, MO 65102

Other project notification should be sent to the appropriate local agency.

Contractors & Inspectors
Lists of contractors and Missouri-certified inspectors may be obtained from the Air Pollution Control Program, Asbestos Unit by calling 573-751-4817. The notification form can also be obtained from the Asbestos Unit. Notifications for renovation or removal projects equal to or exceeding the threshold levels (160/260/35) will require a $100 notification fee.

Category 1 & II Asbestos Removal
Removal of Category I and Category II nonfriable materials are not subject to APCP regulation provided they are in good condition (not significantly weathered or deteriorated) and are not made friable during removal or disposal practices. Work practices that will cause nonfriable materials to become regulated as friable asbestos containing materials include drilling, sawing, grinding, sanding, chipping or burning*. Nonfriable material left in place during demolition will be considered friable asbestos containing material (and thus regulated asbestos containing material or RACM) if it becomes significantly broken or otherwise damaged during demolition.

Intentional Burning for Waste Disposal
The intentional burning of structures, demolition or trade waste as a means of disposal is prohibited under state laws and regulations. Separate Fact Sheets on the use of structures for fire training purposes or open burning restrictions may be obtained from the Technical Assistance Program at 800-361-4827 or from the DNR Website.