Kentucky Asbestos Regulations

When it comes to renovations and demolitions, you’d probably rather focus on the potential and end-product of the project at hand rather than the precautions, permitting, and hazards involved. But before you embark on these kinds of activities in Kentucky, you’ll have to consider those less-pleasant factors since the materials you’ll be working with could contain dangerous substances, such as asbestos. And even if you’re not actively involved in such a construction project, it’s important to know about the hazards of asbestos exposure and how Kentucky asbestos regulations can affect you.

What Is Asbestos?

As a naturally-occurring, abundant, fibrous mineral known for its strength and heat-resistance, asbestos was used heavily during the early and mid 20th century, especially in construction and commercial products. However, it’s now well-established that inhaling asbestos fibers can lead to diseases like lung cancer, mesothelioma (cancer of the chest and abdominal linings), and asbestosis (irreversible lung scarring similar to emphysema), even though symptoms or a diagnosis may not occur until decades after exposure.

When the dangers of asbestos exposure became more well-known in the 1960s and 1970s, the states and federal government began regulating asbestos, with most uses banned by 1990. Unfortunately, many structures, such as popcorn ceilings, roofing, and pipes still have asbestos-containing material (ACM) in them. For this reason, there are many regulations which govern the asbestos removal process during renovations and demolitions.

Asbestos Laws in Kentucky

Since asbestos exposure poses such serious health effects, Kentucky and the federal government have enacted asbestos laws and regulations to protect workers and the public. For example, before beginning renovations or demolitions, you must submit notification to the Division for Air Quality, and those working with asbestos-containing material must apply for and receive certification. And while single homes and apartment buildings with four or fewer units are exempt from many Kentucky asbestos regulations, it’s wise to at least have an asbestos inspection done before beginning major work on your home.

In general, Kentucky regulations adopt or echo the federal standards found in the National Emissions Standard for Hazardous Air Pollutants (NESHAP), the Asbestos Hazard Emergency Response Act (AHERA), and the Occupational Safety and Health Administration (OSHA) asbestos regulations. The following chart provides some of the key sections of the federal and Kentucky asbestos regulations, as well as relevant regulatory agencies.

  • Statutes

Asbestos Regulatory Agencies

Federal:


Kentucky:

Asbestos Removal Regulations

  • Kentucky has adopted the EPA’s national emission standards for asbestos (401 KAR 58:025; 40 CFR Part 61).
  • Individuals performing asbestos activities in school, public, and commercial buildings must be accredited according to Kentucky regulations (401 KAR 58:005).
  • Persons removing certain asbestos-containing material must first apply for certification (401 KAR 58:040 Sec. 3).
  • Asbestos emission control and work practice requirements for renovations and demolitions (401 KAR 58:040 Sec. 4)
  • Standards for asbestos disposal at a site approved by the Division of Waste Management (401 KAR 58:040 Sec. 3(u))

Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Kentucky Asbestos Regulations: Related Resources

Obtain a Free Review of Your Kentucky Asbestos Claim

Considering the major health risks inherent in asbestos exposure, it’s a good thing there are so many state and federal regulations regarding asbestos emissions and its removal process. But even with these safeguards in place, many people are and have been exposed to asbestos at home, in the workplace, or in school. If you think you’ve been harmed by inhaling asbestos fibers, you may be entitled to compensation. Receive a free claim review to learn more about asbestos and the asbestos claims process.

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