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Last Update 12/97
Overview: Asbestos is a naturally occurring material which is heat resistant. As a result, asbestos commonly used in building materials such as ceiling and floor tiles, insulation, pipe covering, and outdoor shingles. Scientists and public health officials have determined that exposure to asbestos that is in an unsafe condition may increase a person’s risk of developing lung cancer and asbestosis, a fabrotic scarring in the lung. The use of asbestos has been generally prohibited since 1978. However, even if a building was constructed after 1978, it may still contain asbestos since older building materials may have been used in the construction. While experts recommend that asbestos in good condition and in an area where it is not likely to be disturbed be left alone, in certain situations the removal of asbestos-containing products is a health necessity. Numerous local, state, and federal authorities regulate the use, storage, transport, and removal of asbestos.
Relevant Law:
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M.G.L. Chapter 149
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M.G.L. Chapter 93A
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310 CMR 7.00
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105 CMR 40.353(D) (Massachusetts Sanitary Code)
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453 CMR 6.12
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310 CMR 40.000
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National Environmental Standards for Hazardous Air Pollutants Program (NESHAP), 40 CFR Part 61, subpart 7 (40 CFR 61.145)
Important Issues:
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For any demolition, handling, renovation, or disposal involving asbestos-containing materials, which are friable or containing 1 percent or more asbestos by weight, the building owner or contractor must contact the Massachusetts Department of Environmental Protection (DEP) 20 days prior to performing the work. (See 310 CMR 7.00).
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Under the state sanitary code, if asbestos is to be removed, an owner must submit an asbestos removal plan which must be approved by the local board of health prior to commencement of the removal process.
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If there is more than 3 linear feet of asbestos on pipes or 3 square feet on other structures, the contractor must notify the Massachusetts Department of Labor and Industries (DLI) at least 10 days prior to beginning work. (See 453 CMR 6.12).
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The owner or contractor must notify the DEP if the asbestos is equal or greater than the reportable quantity specified in 310 CMR 40.900.
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The owner must notify the U.S. Environmental Protection Agency (EPA) if the amount of asbestos exceeds 160 cubic feet or 260 linear feet under the National Environmental
Standards for Hazardous Air Pollutants Program (NESHAP). (See 40 CFR Part 61, Subpart 7).
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Special asbestos disposal requirements also apply. Asbestos may only be disposed of in Massachusetts municipal landfills that have been approved by the local board of health or in two commercial landfills located in Chicopee, MA. Special transport requirements are also required by federal regulation. Additional requirements regarding the treatment of asbestos exist. Consult legal counsel to ensure complete compliance with all local, state, and federal requirements.
Frequently Asked Questions:
Q: Does asbestos have to be removed?
A: If asbestos is in good condition and it does not pose a health hazard, no laws or regulations require that it be removed. However, building owners are required to keep asbestos in good condition to prevent releases of visible or particulate asbestos emissions under state and federal regulations.
Q: Are some asbestos and asbestos-containing products more dangerous than others?
A: All asbestos that is in an unsafe condition may be dangerous to a person’s health. However, the manner in which the asbestos is maintained or packaged will drastically effect the level of exposure that will occur. Asbestos and asbestoscontaining materials are usually classified into two categories. Friable asbestos products are materials that can easily crumble. This type of asbestos is considered the most dangerous because asbestos particles easily become airborne and enter the human ventilation system. Nonfriable products typically contain bonding agents like cement and plastics that prevent asbestos from being released into the air. Asbestos particles may still be released, however, through activities such as sanding and drilling.
Q: How is it determined that a building contains asbestos?
A: The Massachusetts Department of Labor and Industries licenses asbestos professionals to determine if asbestos is present and whether removal/repair is necessary. Only state-licensed and state-certified asbestos abatement contractors and workers are authorized to perform asbestos related work in Massachusetts.
For more information please contact the following:
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Massachusetts Association of REALTORS® at (800) 370-LEGAL
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Massachusetts Department of Environmental Protection at (617) 292-5500
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Massachusetts Department of Public Health at (617) 727-2660
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U.S. Environmental Protection Agency, Region I at (617) 565-3836
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U.S. Environmental Protection Agency, Asbestos Hotline at (202) 554-1404
This publication is provided as a service to members of the Massachusetts Association of REALTORS® and is intended for educational use only. Opinion or suggestions in this publication do not necessarily represent the official policies or positions of the Massachusetts Association of REALTORS®.
The Massachusetts Association of REALTORS® does not accept responsibility for any misinterpretation or misapplication by the reader of the information contained in this article. The publishing of this material does not constitute the practice of law nor does it attempt to provide legal advice concerning any specific factual situation.
FOR ADVICE ON SPECIFIC LEGAL PROBLEMS CONSULT LEGAL COUNSEL.
1998 The Massachusetts Association of REALTORS®
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