Frequently Asked Questions (FAQ's)

Asbestos is one of the most highly regulated substances in the U.S.

In Montana, asbestos related activities are regulated by federal agencies, such as the U.S. Environmental Protection Agency (EPA), and the U.S. Occupational Safety and Health Administration, (OSHA), State of Montana, Department of Environmental Quality (DEQ) and local agencies, such as county health department and city building departments.  However, not every aspect of asbestos management is regulated by every agency. And there may be aspects of asbestos management than may be regulated by more that one governmental agency.

The Montana DEQ Asbestos Control Program oversees the permitting of asbestos abatement projects, the accreditation of asbestos-related occupations, and provides compliance assistance to the regulated community and interested parties. The Asbestos Control Program is also delegated by EPA to administer the National Emission Standards for Hazardous Air Pollutants (NESHAP, 40 CFR Part 61 Subpart M National Emission Standard for Asbestos).

What Is Asbestos?

Asbestos is a name given to a group of naturally occurring minerals including its fibrous forms: chrysotile, amosite, crocidolite, anthophyllite, actinolite, and tremolite.  The word asbestos is derived from the Greek language meaning inextinguishable.  It has been mined and added to many building products.

How Is Asbestos Used and Where Would You Find It?

Asbestos had been used in a variety of materials and applications for purposes of reinforcement, heat and cold insulation, condensation control, friction, fire protection, sound dampening, decoration, texturing, chemical resistance, and other applications.  Asbestos was used in over 3500 types of materials.  Some materials, such as vermiculite might be contaminated with asbestos naturally.  Materials which contain more than 1% asbestos are called asbestos-containing materials (ACM).  Typically, asbestos is found in thermal system insulation such as pipe and boiler insulation, surfacing material such as fireproofing and wallboard, and miscellaneous materials such as floor and ceiling tiles.  In America, asbestos was used in a variety of materials from the late 1800s to the present; however, its use has declined. Contrary to popular belief, asbestos is not banned from certain products in America.  Certain materials such as floor tile, cement asbestos, adhesives, roofing products, clutch and brake assemblies, etc, might contain asbestos.  Prior to purchasing products or materials determine whether asbestos is present.   Asbestos-containing materials are currently being used widely in developing and industrializing countries.  For more information on the asbestos ban and phase out, log into www.epa.gov/asbestos.

You may have run across the terms friable and non-friable asbestos-containing materials.  Asbestos regulations define friability as the ability of a dry asbestos-containing material to be crumbled, pulverized, or reduced to powder by hand pressure.  Examples of friable asbestos include thermal system insulation and spray-on fireproofing.  Asbestos-containing materials such as floor tile, roofing, cement asbestos products, and gaskets are typically non-friable.  Be aware that demolition and renovation activities can render non-friable ACM friable, and thus, regulated.  Contact the Asbestos Control Program for more information.

Why is Asbestos a Concern?

Asbestos is a health concern because it is a carcinogen, meaning it causes cancer and other illnesses.  Asbestos can break down into very small fibers that can become airborne and stay airborne for a long time.  Exposure generally occurs by inhalation or ingestion.  Asbestos causes asbestos-related illnesses such as asbestosis, mesothelioma, pleural plagues, and lung cancer.  Asbestosis is an illness characterized by the scarring of the lungs that reduces the lungs’ ability to function.  Mesothelioma is a cancer of the membrane lining the chest or abdominal cavity specifically related to asbestos.  Lung cancer and other diseases have been linked to asbestos exposure.  Epidemiological studies (studies of people and diseases) document asbestos-related illnesses caused by exposure to asbestos in many occupations including mining, milling, manufacturing, insulating, shipbuilding, construction, and others.

Cases of asbestos-related illnesses have also been documented in persons exposed to asbestos indirectly in non-occupational settings.  Wives, husbands, and children of people who worked with asbestos have contracted asbestos-related illnesses after being exposed to asbestos on the clothes of those people.

Generally, a latency period of 10 to 30 years accompanies asbestos exposure before an asbestos-related illness develops.  This latency period is dependent on other factors in a person's life, including whether the affected person smokes or smoked.  According to research statistics, a smoker who is exposed to asbestos is over 50-90 times more likely to develop an asbestos-related illness than a non-smoker.  The reason why smokers are so susceptible to asbestos is due to the loss of the lungs’ capability to rid itself of fibers.

If you have any questions concerning asbestos, feel free to contact the Asbestos Control Program at 444-5300.

Asbestos Regulations for Public/Commercial Building Owners and Contractors  - -

What are the regulations for Public and Commercial Buildings?

This article discusses some of the asbestos regulations that relate to public and commercial building owners and contractors.  It also provides some options in dealing with asbestos-containing materials (ACM).  Please note various asbestos regulations apply to each asbestos situation. Asbestos regulations that apply to public and commercial buildings differ slightly from those that apply to schools, residential dwellings, and other buildings.  The intent of asbestos regulations is to prevent asbestos releases and exposures.  Contact the Asbestos Control Program, EPA, or OSHA for more information.

In Montana, activities involving asbestos in buildings are governed by one or more regulatory authorities, i.e. State of Montana DEQ, Federal EPA, and OSHA; in many cases jurisdictions and regulations overlap.

The Asbestos Control Program of the Department of Environmental Quality (DEQ) regulates and permits asbestos abatement projects, accredits asbestos-related occupations, approves and audits asbestos training course providers, provides compliance assistance, and administers certain sections of the Environmental Protection Agency’s National Emission Standards for Hazardous Air Pollutants (NESHAP) regulation.  The Asbestos Control Program regulates asbestos abatement activities involving three (3) or more square or linear feet of regulated ACM.  Asbestos abatement activities must be permitted through the Asbestos Control Program and must be conducted by accredited asbestos personnel following proper asbestos inspection, abatement, transportation, and disposal procedures.  Generally speaking, the Asbestos Control Program regulates asbestos projects, building demolition, and building renovation activities that occur in facilities such as any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building excluding residential buildings having four or fewer dwelling units.

Most of the asbestos activity in Montana involves building renovation and demolition activities.  In order to determine which requirements apply to a building owner or contractor of a renovation or demolition, an asbestos inspection is required. An asbestos inspection not only locates, quantifies, and assesses the condition of asbestos, it also provides information as to whether an asbestos-containing material is regulated and regulated by which authority.  According to EPA and Asbestos Control Program regulations, an asbestos inspector accredited, or licensed, by the Asbestos Control Program must perform the asbestos inspection.   Typically, samples of suspect asbestos-containing materials are collected by the inspector for laboratory analysis.  Sample analytical costs range from $15-30/sample.  Asbestos Control Program regulations require sample analysis be done by a laboratory approved by the National Institute of Standards and Technology (NIST).  In some cases it can be assumed a material contains asbestos, saving an owner some money.  The Asbestos Control Program maintains a list of accredited and approved asbestos inspectors and laboratories available for your reference.  Contact them for specific cost and inspection information.

In a demolition or renovation where regulated ACM is identified by the asbestos inspection, the regulated ACM would need to be removed by an accredited asbestos project contractor following proper abatement procedures under an asbestos project permit issued by the Asbestos Control Program.  The building owner or asbestos project contractor would apply for the permit using a form available from the Asbestos Control Program called the Application for a Montana Asbestos Project Permit and NESHAP Demolition/Renovation Notification.  A permit fee based on the asbestos project contract volume would apply.  A seven (7) or ten (10) day notification period, depending on the asbestos project contract volume, would also apply.

In a demolition where no regulated ACM is identified by the asbestos inspection, the owner or demolition contractor must notify the Asbestos Control Program of the demolition using the same form as above.  No fee applies to demolition notifications where no regulated ACM is identified; however, a ten (10) day demolition notification period applies.

In a renovation where no ACM is present, as identified by the asbestos inspection, no notification to the Asbestos Control Program is required.

Even though the Department is delegated by EPA to administer the NESHAP in Montana, EPA is also active in Montana regulating asbestos in private and public kindergarten through 12th grade schools, Native American Nations, and other buildings.  Montana is part of EPA’s Region VIII along with North and South Dakota, Wyoming, Utah, and Colorado.  EPA’s Asbestos Hotline can be reached at (800) 368-5888.

Another asbestos authority is Federal OSHA (Occupational Safety and Health Administration).  OSHA regulates worker safety and health as they relate to asbestos in the general and construction industries.  Prior to initiating construction activities, OSHA’s asbestos standard (29 CFR 1926.1101) also requires an asbestos inspection as part of its hazard communication requirement.  The Asbestos Control Program’s regulations have adopted by reference some of OSHA’s asbestos regulations; however, for more complete information on OSHA’s regulatory requirements, contact OSHA at (800) 321-6742, or in Billings at (406) 247-7494.

City or county governments such as local building permitting offices or local environmental health or sanitarian’s office may also have asbestos requirements, contact them before initiating demolition or renovation work.  City or county governments issue building permits for general renovation/demolition activities; however, don’t be tricked assuming that their permit will satisfy the Asbestos Control Program’s asbestos inspection, project permit, and demolition/renovation notification requirements.

One last asbestos authority is the landfill.  Prior to initiating asbestos work, contact your local landfill and learn about their asbestos disposal requirements.  In many cases landfills do not accept ACM and the last place you want to learn that is at a landfill’s gate.  According to State of Montana Refuse Disposal Rules and the Asbestos Control Program, regulated asbestos wasted must be disposed of in a State-approved Class II landfill.

Options: A Solution Exists!

At this point you may be scratching your head over asbestos regulations; however, rest assured that regulations exist to prevent asbestos exposure; they also may assist in limiting certain liabilities.  As an owner of a public/commercial building that may contain asbestos, you have a number of options.

  • Armed with an asbestos inspection telling you where ACM is located, one option is to leave the ACM in place.  If you do not have plans to renovate or demolish your building, the option of leaving the ACM in place is economical.  Providing the ACM is in good condition, not causing exposures, and not prone to damage, the ACM can be left in place, managed, and monitored periodically for damage.
  • A second option is to encapsulate the ACM.  Encapsulation involves treating the ACM with a substance that surrounds or embeds asbestos fibers.  There are commercially available encapsulants and mastics specifically manufactured for such applications.
  • Another option is enclosure.  Enclosure involves installing an airtight, impermeable, and permanent barrier around the ACM to prevent the release of asbestos.
  • Removal is another option involving the physical removal of the material.  Removal may be the only option in building demolitions or renovations.

Encapsulation, enclosure, and removal fall into the definition of an asbestos project.  In Montana, asbestos abatement actions include encapsulation, enclosure, removal, repair, renovation, placement in new construction, demolition, transportation, and disposal of friable or potentially friable asbestos containing material.  Abatement actions of three (3) or more square or linear feet of ACM must be permitted through the Asbestos Control Program.  As mentioned earlier, only accredited asbestos personnel following proper abatement, transportation, and disposal procedures can perform abatement actions.  The Asbestos Control Program has lists of accredited asbestos personnel available for your reference.

Asbestos regulations and abatement options can be confusing; however, we at the Asbestos Control Program are available to discuss your asbestos issues, so before you demolish, renovate, or deal with asbestos, contact us for compliance assistance at (406) 444-5300.

Asbestos in Homes

What about Asbestos in my Home?

Asbestos is a name given to a group of naturally occurring fibrous minerals including chrysotile, amosite, crocidolite, anthophyllite, actinolite, and tremolite. Asbestos fibers have been used in a variety of products for purposes of reinforcement, heat and cold insulation, friction, fire protection, sound dampening, decoration, texturing, chemical resistance, and other applications.  Over 3500 different products were made with asbestos. Typically, asbestos is found in pipe insulation, boiler insulation, tank insulation, duct insulation, fireproofing, wall and ceiling texture, plaster, wallboard, wallboard joint tape, wallboard mud, floor tile, sheet vinyl, adhesives, ceiling tiles, roofing products, cement asbestos pipe, cement asbestos siding, attic insulation, and other products and materials.  Products or materials that contain asbestos are defined as asbestos-containing materials (ACM).  In America, asbestos was used in a variety of products and materials from the late 1800s to the present.  Contrary to popular belief, asbestos is not currently banned from use in certain products such as floor tile, cement asbestos, adhesives, roofing products, clutch and brake assemblies, etc.  Prior to purchasing products or materials determine whether asbestos is present.  Exposure to asbestos causes asbestos-related illnesses such as asbestosis, mesothelioma, lung cancer and other lung abnormalities.  Generally speaking, asbestos-related illnesses do not show up for many years.

The State of Montana regulates asbestos abatement activities in buildings where three (3) or more linear or square feet of friable or potentially friable ACM are abated.  Asbestos abatement means the removal, encapsulation, enclosure, repair, renovation, demolition, placement, transportation, and/or disposal of friable ACM or ACM that may become friable.  Friability is a term used to measure how easy it is to crumble ACM and cause asbestos fibers to be released.  Asbestos abatement projects require abatement permits, the use of trained and accredited asbestos personnel, proper abatement control measures, and testing.

Asbestos Inspection

Asbestos might be present in many products and materials about the home.  Ordinarily, this presents no problem as long as the ACM is in good condition and is not disturbed.  Before you remodel your home, or repair materials that might contain asbestos, you should determine whether the materials that are going to be impacted contain asbestos.  Determining whether a material contains asbestos is done by collecting samples of materials and having a laboratory test the materials for asbestos.  Homeowners can collect their own samples of suspect asbestos-containing materials; however, if you are not comfortable sampling materials, you can hire an asbestos inspector.  Laboratory sample analysis costs roughly $15-$30 per sample.  A list of asbestos consultants, contractors, and laboratories is available from the Asbestos Control Program.

The State of Montana has a specific homeowner asbestos exclusion rule (ARM 17.74.303, Exclusions), which applies to private homeowners conducting home asbestos abatement projects.  The following is the Exclusion Rule:

ARM 17.74.303 EXCLUSIONS
  • A private homeowner conducting, on his own, an asbestos abatement project in his/her private residence where the sole use of such residence is as the homeowner's domicile, is not subject to the provisions of this subchapter during the period that asbestos-containing material is present on the homeowner's private property and the homeowner controls or maintains the asbestos-containing material.
  • A private homeowner as described in (1) of this rule is subject to state and federal requirements for proper packaging, transport, and delivery to an approved asbestos disposal facility of asbestos containing material.
  • A private homeowner as described in (1) of this rule must use an accredited asbestos abatement worker or an accredited asbestos abatement contractor or accredited asbestos abatement supervisor to perform the transportation and disposal operations described in (2) of this rule.
  • A private homeowner as described in (1) of this rule must obtain an asbestos abatement project permit from the department for transportation and disposal operations as described in (2) of this rule.

Take note that the Exclusion Rule does not discuss an asbestos inspection requirement.  Needless to say, inspecting for asbestos prior to demolition, renovation, or remodeling activities is a very good idea.  Knowing which products or materials contain asbestos before you start work will help you determine whether you are initiating an asbestos abatement project.  More importantly, it will help prevent contaminating your house with asbestos.  If you impact three or more linear or square feet of regulated ACM, the transportation and disposal of the asbestos waste is regulated.

Contractors Working in Homes

If a private homeowner employs a contractor to demolish, or remodel a home, or abate asbestos, the contractor is obligated to follow OSHA and applicable regulations.  According to OSHA, the contractor must exercise due diligence to determine whether materials contain asbestos.  Contact OSHA for more information.  Asbestos waste generated at home must be property packaged, transported, and disposed.

Many people think that if asbestos-containing materials are found they must be removed.  In many cases, remodeling can occur without disturbing ACM.  Consider all abatement options before jumping into removal.  The State of Montana's Asbestos Control Program provides asbestos compliance assistance.  The Program maintains lists of asbestos contractors, consultants, labs, and accredited asbestos personnel for your reference.  The Program can be reached at (406) 444-5300.

EPA’s website contains a large amount of asbestos and vermiculite information.  Although EPA generally does not regulate asbestos in homes, asbestos information can be accessed by visiting www.epa.gov/asbestos/ or calling EPA’s Asbestos Hotline at 1-800-368-5888.

OSHA’s website is www.osha.gov/SLTC/asbestos/  OSHA can be contacted at 1-800-321-6742 or in Billings, Montana, at (406) 247-7494.

Where can I find an Accredited Asbestos Inspector?

To find currently-accredited Montana inspectors who have agreed to release their information to the public, click on the "live" link, enter a city if you want a specific city (please note that you will obtain a broader response by leaving city blank), select Inspector from the Accreditation Type drop down list, and click submit. Please remember that this list displays only currently Montana-accredited Asbestos Inspectors who have agreed to release their information to the public.

Live Link: Current Accreditations