ASBESTOS MASSACHUSETTS REGULATIONS

MassDEP provides legal information about the state's asbestos regulations

What follows are frequently asked questions from Massachusetts state residents about the state’s regulations governing the handling and removal of building materials that contain asbestos, a toxic building material linked to asbestosis and mesothelioma. The Massachusetts Department of Environmental Protection (DEP) provides formal answers, which are abbreviated here. For detailed information on this subject, please consult the Official Web site of the Massachusetts Department of Environmental Protection (MassDEP).

July 20, 2010 – MassDEP last updated the following information in June 2010.

Does asbestos have to be removed?

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 repair to prevent releases of visible or particulate asbestos emissions under state and federal regulations.

Do I need to conduct a thorough asbestos inspection prior to any renovation or demolition activity?

All residential, commercial and institutional buildings are subject to Massachusetts Department of Environmental Protection (MassDEP) asbestos regulations at 310 CMR 7.15. Therefore, owners and/or operators (e.g., building owners, renovation and demolition contractors, plumbing and heating contractors, flooring contractors, etc.) need to determine all asbestos containing materials (both non-friable and friable) that are present at the site and whether or not those materials will be impacted by the proposed work prior to conducting any renovation or demolition activity.

How do I know if my building contains asbestos? How do I choose a contractor?

Hire a certified asbestos consultant from the state’s Division of Occupational Safety (DOS) to determine if asbestos is present and whether removal/repair is necessary. If the building is a state-owned facility, contact DOS. DOS provides a list of licensed asbestos abatement contractors and consultants. You may wish to ask about a contractor's history of violations. Only DOS licensed and DOS certified asbestos abatement contractors and consultants may be hired to perform asbestos-related work in Massachusetts.

Should I remove asbestos myself?

It is strongly recommended that only a DOS certified worker do asbestos handling on behalf of homeowners. Asbestos fibers pose a serious health threat. There are MassDEP requirements for anyone handling asbestos, including special supplies and equipment, specific work practices including setting up a containment area, air filtration equipment, packaging and labeling of waste. If the area is contaminated by improper handling of asbestos, cleanup procedures specific to the job are required. For public and worker protection, DOS requires that any entity or individual engaged in the business of asbestos abatement or containment be licensed and certified.

Does anyone have to be notified of asbestos removal? Are there any notification fees?

There is a single notification form to file for MassDEP and DOS. DEP requires notification for any asbestos handling project, including demolition and disposal, at least “10 working days” prior to conducting any asbestos removal work. DOS requires notification for any asbestos handling project including demolition and disposal at least “10 calendar days” prior to conducting any asbestos removal work. For more information on the proper notification of an asbestos removal job, contact either DEP or DOS to receive a copy of the “Commonwealth of Massachusetts Asbestos Notification Guide” and form (ANF-001 also called BWP AQ-04), which may be used for notifying both state agencies.

Weitz & Luxenberg for asbestos-injured workers

If you or a loved one has been diagnosed with an asbestos illness like mesothelioma, lung cancer or asbestosis, complete the form on this page to get a FREE and prompt review of your case by a leading asbestos attorney. Weitz & Luxenberg is a leading mesothelioma law firm with a substantial history of success in asbestos exposure cases.