Delaware has a number of regulatory requirements for handling and disposing of asbestos, asbestos-containing materials (ACM) and construction and demolition (C&D) debris. DNREC’s Divisions of Air Quality and Waste and Hazardous Substances work with the Office of Management and Budget’s Division of Facilities Management to protect the public from the health impacts of asbestos.

In Delaware, asbestos is managed under Chapter 78 of Title 16 of the Delaware Code and four sets of state regulations:

• Particulate Emissions From Construction And Materials Handling (7 DE Admin. Code 1106)
• Open Burning (7 DE Admin. Code 1113)
• Emission Standards for Hazardous Air Pollutants (7 DE Admin. Code 1121)
• Regulation Governing the State of Delaware Asbestos Certification and Training Program (19 DE Admin. Code 4103)

The regulations require inspections and notifications to make sure that asbestos is not released by renovation or demolition activities, including demolition by intentional burning by fire companies.

Asbestos notifications must be submitted electronically via the Digital DNREC portal.

Inspections

A thorough inspection must be conducted for the presence of asbestos-containing building materials prior to any building renovation or demolition project. The inspection must be conducted by a person licensed by Delaware in the identification of asbestos-containing building materials. These individuals are employed by professional service firms licensed by Delaware’s Office of Management and Budget (OMB) Division of Facilities Management.

The survey or inspection is summarized in a report for the client and or repair/removal contractor. DNREC’s Division of Air Quality has developed a survey/inspection form (WORD) to be completed by professional survey firms to summarize their findings.

If asbestos is found during the inspection and will be disturbed during any renovation or repair work, it must be properly removed and disposed of at an approved disposal facility. Likewise, all asbestos must be removed prior to any building demolition project. In most cases, asbestos abatement activities must be performed by a Delaware-licensed abatement contractor.

Lists of licensed asbestos inspectors, and licensed abatement contractors are maintained by the OMB Division of Facilities Management.

More detailed information on how an inspection is conducted is available from the Environmental Protection Agency.

Notifications

For asbestos renovations, facility owners or operators must provide electronic notification to DNREC at least ten working days before the start of regulated asbestos renovations.

For demolitions, they must provide electronic notification to DNREC at least ten working days before the start of demolition, even if there is no asbestos.

Notification is not required for renovations where less than 260 linear feet, 160 square feet, or 35 cubic feet of regulated asbestos will be disturbed and where non-regulated asbestos may not become friable during renovations.

Facility owners/asbestos contractors must register online to submit notifications electronically via the Digital DNREC portal.

Fire Companies

Demolition by intentional burning via an instructional firefighting exercise may be conducted by Delaware fire companies provided that all asbestos-containing material has been removed from the proposed structure(s) and approvals are obtained from DNREC’s Division of Air Quality.

In order to confirm that all asbestos-containing material has been removed from the proposed structure(s), the owner of the structure must provide the Fire Company a certified inspection report from a Delaware-licensed professional service firm which has inspected the structure and certifies in writing that all asbestos-containing material has been removed prior to demolition.

DNREC’s Division of Air Quality has developed a survey/inspection form (WORD) for use by professional service firms to summarize the findings of their inspections. This form should be attached to the online Application for Demolition via Fire Fighting Instruction. DNREC cannot process the application without the certified report from the Delaware licensed professional service firm.

Owners of structures intended for firefighter training exercises must submit a notice, at least ten working days prior to the start of the demolition/fire training.

Related Topics:  air quality, asbestos, clean air, demolition, renovation