Asbestos in 2016: Avoiding delays, citations and fines - by Scott Lawson

Scott Lawson - The Lawson Group

Despite the fact that asbestos has been a health and regulatory issue for almost 30 years, we still get regularly pulled into construction projects at the last minute because property owners, architects, and general contractors have failed to deal with the issue of Asbestos Containing Materials (ACM). Here are the proper steps to take regarding ACM in renovation and demolition projects so you don’t end up in a regulatory bind that can result in delays, cost overruns, liquidated damages and even citations and fines.

Asbestos was used in almost all commercial, industrial, and public buildings built before the 1980s, and in a myriad of building materials that many in the construction industry may not even be aware of. The most common uses were for thermal system insulation on pipes and boilers, and spray on fireproofing on structural steel in high rise buildings. Tile floors, mastic, roofing materials, wallboard joint compound, caulk, window glazing and even fireproof doors and lab countertops in schools make up a list of a number of materials that many in the construction trades never even consider be asbestos-containing.

In schools, AHERA (the EPA’s Asbestos Hazard Emergency Response Act) requires documentation of all suspect ACM from the walls of the school in. The standard is geared to protecting the occupants of the school building, primarily the students, from the accidental release of asbestos fibers. The standard encourages “in place management” of ACM, in other words, leaving ACM in “good shape” or materials that are not “friable” or capable of releasing asbestos fibers, in place in the building until such time as renovations or replacement of mechanical equipment impact the ACM, and then is the time to abate it, under proper conditions.

If renovations or demolition will impact ACM, the EPA’s NESHAP (National Emission Standard for Hazardous Air Pollutants) regulations call for a hazardous materials survey. This is meant to minimize the release of Asbestos fibers into the air, which can contribute to outdoor air pollution.

Before any demolition or renovation commences in any building it is highly advisable to have a qualified consultant perform the required NESHAP survey, document at the presence of all ACM that may be impacted by the work to be performed, and retain that consultant as part of the construction team, to ensure that asbestos does not become an impediment to a successful, and profitable, project.

Scott Lawson is founder of The Lawson Group, Concord, N.H.