NE Asbestos Abatement cheat sheet

Asbestos is a group of six naturally occurring fibrous silicate minerals: chrysotile (serpentine group) and five amphiboles-amosite, crocidolite, anthophyllite, tremolite, and actinolite.

Chrysotile accounts for about 95% of asbestos used commercially in the U.S.; its curly, flexible fibers are common in roofing, flooring, and friction products.

Amphibole fibers are straight, needle-like, and more biopersistent; crocidolite (blue asbestos) and amosite (brown asbestos) are the most commercially significant amphiboles.

Asbestos was used in over 3,000 building products before the 1980s; common locations include pipe insulation, boiler lagging, floor tile and mastic, ceiling tile, joint compound, roofing felt, siding, and gaskets.

Friable asbestos means material that can be crumbled, pulverized, or reduced to powder by hand pressure when dry; non-friable materials can become friable through cutting, grinding, or weathering.

Asbestos is a known human carcinogen; inhalation of fibers can cause asbestosis, lung cancer, and mesothelioma, with latency periods often 20–40 years.

Nebraska regulations define asbestos-containing material (ACM) as any material containing more than 1% asbestos by weight, determined using polarized light microscopy (PLM) following EPA methodology.

Vermiculite insulation, especially from the Libby, Montana mine, may contain tremolite asbestos; assume contamination unless sampling proves otherwise.

Nebraska requires written notification to the Department of Environment and Energy (NDEE) at least 10 working days before starting an asbestos abatement project, using the state notification form.

The notification must include firm name, supervisor name, project address, start and completion dates, estimated amount of ACM to be removed, and the waste disposal site.

Emergency abatement notifications must be submitted by telephone or electronic means within 24 hours of the emergency, followed by a written notification within 3 working days.

A revised notification is required if the start date changes or if the amount of asbestos to be removed increases by more than 20%.

Nebraska does not require a separate annual notification for facilities that are regularly inspected; project-specific notifications are required for each abatement.

Records of asbestos abatement, including waste disposal manifests and air monitoring results, must be retained by the abatement firm for at least 3 years after project completion.

The NDEE Asbestos Program can be contacted at (402) 471-2186 for notification questions; the state also maintains an online asbestos notification system.

Notification fees in Nebraska are based on the amount of asbestos to be removed, with a minimum fee for small projects; fees must accompany the notification.

Nebraska asbestos abatement firms must hold a state-issued asbestos abatement contractor license; licensing requires proof of training, insurance, and compliance with state regulations.

Individual asbestos workers, supervisors, project designers, and inspectors must be accredited through an EPA-approved or state-approved training course and hold a valid Nebraska asbestos license.

Initial worker training is a 4-day (32-hour) course; supervisor training is a 5-day (40-hour) course; refresher courses are required annually (8 hours for workers, 8 hours for supervisors).

Accredited course providers in Nebraska must be approved by NDEE and meet EPA Model Accreditation Plan (MAP) requirements, including instructor qualifications, curriculum, and examination standards.

Licenses are issued by NDEE and must be renewed annually; late renewals may require re-examination or additional training.

Nebraska recognizes out-of-state training certificates if the course meets EPA MAP requirements, but individuals must still obtain a Nebraska license to work on Nebraska projects.

Abatement firms must demonstrate financial responsibility and carry liability insurance; NDEE may deny or revoke a license for violations of asbestos regulations.

NDEE may grant a waiver from specific work practice requirements if the applicant demonstrates that the alternative method provides equivalent protection and does not increase worker or public exposure.

Waiver requests must be submitted in writing to NDEE at least 10 working days before the project start and must include a detailed description of the proposed alternative practice.

Emergency projects are defined as sudden, unexpected events (e.g., pipe break, fire) that require immediate abatement to protect public health; notification requirements are expedited.

For emergency projects, the abatement firm must notify NDEE by phone within 24 hours and submit a written notification within 3 working days; work may begin immediately.

Alternative work practices cannot be used to avoid negative pressure enclosures or wet methods unless specifically approved in writing by NDEE.

Nebraska allows the use of amended water (water mixed with a surfactant) as a wetting agent; the use of encapsulants or removal by high-efficiency particulate air (HEPA) vacuum is permitted with proper controls.

Waivers are project-specific and do not establish precedent; each request is evaluated on its own merits.

The primary Nebraska statute for asbestos is the Nebraska Asbestos Control Act (Neb. Rev. Stat. §§ 71-6301 to 71-6322), administered by NDEE.

Nebraska asbestos regulations are found in Title 129, Nebraska Administrative Code (NAC), Chapters 1 and 2, which adopt and modify the federal National Emission Standards for Hazardous Air Pollutants (NESHAP) for asbestos.

The federal asbestos NESHAP is 40 CFR Part 61, Subpart M; it sets work practice standards for demolition and renovation, including 10-day notification, wet removal, and proper disposal.

The Occupational Safety and Health Administration (OSHA) asbestos standards are 29 CFR 1926.1101 for construction and 29 CFR 1910.1001 for general industry; they set permissible exposure limits (PEL) of 0.1 fiber per cubic centimeter (f/cc) as an 8-hour time-weighted average.

NDEE Asbestos Program: 245 Fallbrook Blvd, Suite 100, Lincoln, NE 68521; phone (402) 471-2186; email [email protected].

The Nebraska Department of Labor, Office of Safety and Health, enforces OSHA standards for public sector employees in Nebraska.

The EPA Region 7 office in Lenexa, Kansas, oversees federal asbestos enforcement in Nebraska and can be contacted for NESHAP compliance questions.