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NESHAP is an acronym for the National Emission Standards for Hazardous Air Pollutants, which is found in the Code of Federal Regulations Title 40 Part 61.  Mecklenburg County Air Quality ("MCAQ") enforces 40 CFR 61 Subpart M – "National Emission Standard for Asbestos."  40 CFR 61.145 - "Standard for demolition and renovation" is applicable to all facilities that are being demolished and those facilities being renovated where renovation may result in regulated asbestos containing materials ("RACM") being stripped, removed, dislodged, cut, drilled, or similarly disturbed in regulated quantities.

MCAQ NESHAP Brochure| When to file a NESHAP Notification Form 
               More Information | Frequently Asked Questions

MCAQ NESHAP Program (Demolition and Renovation/Asbestos Removal)

The Mecklenburg County Air Pollution Control Ordinance ("MCAPCO"), including Regulation 2.1110 - "National Emission Standards for Hazardous Air Pollutants" ("NESHAP"), was duly adopted by the Mecklenburg County Board of Commissioners on November 4, 1985.  Regulation 2.1110 incorporates the requirements of 40 CFR 61 Subpart M – "National Emission Standard for Asbestos" by reference.  For facilities to be demolished or renovated, the NESHAP regulation requires the following activities by the owner/operator prior to demolition or renovation:

  • Inspection (survey) - A "thorough" inspection for asbestos containing material ("ACM"), including Category I and Category II nonfriable ACM, must be performed.  The following is recommended:
    • Use a NC accredited inspector to inspect the facility (usually required by the NC Asbestos Hazard Management Program).
    • The inspection protocol should follow the Asbestos Hazard Emergency Response Act ("AHERA") requirements (40 CFR 763.86) and consist of gathering representative bulk samples of suspect ACM for analysis.
    • Analysis should be performed by a National Voluntary Laboratory Accreditation Program ("NVLAP") or American Industrial Hygiene Association ("AIHA") accredited laboratory.
       
  • Notification –Notification is required for all demolitions including move-off of a facility and the intentional burning of a facility.  Notification is required for all renovations that include the disturbing or removal of regulated quantities of RACM; it is also required for any planned renovations to occur at the same facility or project during a year's time.  Each structure or facility must have a separate notification, and other agencies may need to be notified as well (e.g., the NC Health Hazards Control Unit).  The starting date for demolition or renovation must be at least 10 working days from the date of submission of a complete notification to MCAQ.
     
  • Removal requirements – For demolition, all RACM in regulated quantities must be removed prior to demolition.  When conducting an intentional burn, ALL ACM must be removed prior to the burn.  All RACM must be maintained adequately wet during removal and while on-site.  If in good condition, the NESHAP regulation does not require the following to be removed prior to demolition:
    • Category I nonfriable ACM (floor tile, resilient floor coverings, roofing materials);
    • Facility components encased in concrete or similar and wetted during removal.

      One supervisory person with approved current training in the provisions of NESHAP shall be on-site during the removal of RACM (it is recommended that a NC accredited supervisor be used).

  • Disposal requirements  - All asbestos containing waste material ("ACWM") from a facility must be deposited in a NESHAP landfill.   Category I nonfriable ACM waste materials (floor covering/roofing) that are not RACM may be taken to other landfills.

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When To File A NESHAP Notification form

Submittal of a NESHAP notification form to MCAQ is required whenever a facility (i.e. industrial, commercial, business, school, church buildings, even private residences in certain circumstances) is scheduled to either:

  • undergo extensive renovation entailing the disturbance of regulated quantities of identified RACM (i.e. quantities equaling or exceeding a quantity of 260 linear feet/160 square feet/35 cubic feet), or
  • undergo partial/complete demolition of the facility.

NESHAP Notification of Demolition and/or Renovation Form PDF
Word
NESHAP Notification Instructions PDF
Word
Residential NESHAP Applicability Form PDF
Word

NESHAP Fees

More Information

  • NC Dept of Health's Asbestos In your Home/Do's and Don'ts
  • NC Asbestos Hazard Management Program
  • US Environmental Protection Agency's (EPA) Asbestos Page
  • NC Health Hazards Control Unit (919) 707-5950
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    NESHAP FAQs  

    What is a demolition?
    The wrecking or taking out of any load-bearing structural member of a facility. 

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    What is a facility?
    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); any ship; and any active or inactive waste disposal site.

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    What is a renovation?
    Altering a facility or one or more facility components in any way, including stripping or removal of regulated asbestos containing materials (RACM).  Not all removals of ACM are regulated (e.g., intact removal of floor tile or transite siding).

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    What is friable and nonfriable ACM?
    Friable ACM is any material containing more than 1% asbestos, that when dry, can be crumbled, pulverized, or reduced to a powder by hand pressure.  Nonfriable ACM is any material containing more than 1% asbestos, that when dry, cannot be crumbled, pulverized, or reduced to a powder by hand pressure.   

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    What is Category I and Category II nonfriable ACM?
    Category I nonfriable ACM means packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1% asbestos.

    Category II nonfriable ACM means any nonfriable ACM excluding Category I nonfriable ACM.

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    What is RACM?
    RACM means friable asbestos material; Category I nonfriable ACM that has become friable; Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading; or Category II nonfriable ACM 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.

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    What are regulated quantities of RACM?
    RACM in amounts greater than or equal to 160 square feet (5580 square feet for asbestos containing roofing material removed by cutting) of surface material, 260 linear feet on pipes, or 35 cubic feet or more on facility components when the amount can not be measured in the previous two units.

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    When is a structure considered a facility and subject to the NESHAP regulation?
    All structures that are to be demolished are subject to the NESHAP regulation.  A residential building for demolition is subject to the NESHAP if:

    • more than one residential building is on the site (garage, barn, cottage, storage unit, neighboring building, etc.)
    • the residential building is on the same site as non-residential structures for demolition
    • the residential building is part of an installation
    • one or more residential buildings are part of a larger project (e.g., urban renewal, highway construction, shopping mall, industrial facility, or other private development)
    • or a residential building is to be intentionally burned

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    What does "adequately wet" mean?
    Adequately wet means to sufficiently mix or penetrate with liquid to prevent the release of particulates.

    back to NESHAP FAQs | top of page



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