Montana Asbestos Regulations

Many different types of products and building materials were previously produced using asbestos, a naturally-occurring mineral once favored for its durability and heat-resistant qualities. However, it has been proven that exposure to asbestos poses a significant health hazard. Exposure to airborne asbestos fibers—which become disturbed during renovation and demolition projects—increases the likelihood of serious illnesses like asbestosis and mesothelioma, a cancer of the chest cavity lining.

The federal Environmental Protection Agency has issued regulations of projects involving asbestos removal. Montana, like many other states, has adopted the federal asbestos environmental standards and also implemented state-specific laws governing asbestos removal. This article explains the Montana asbestos regulations, including the agencies in charge and the requirements for removing asbestos from a structure.

Montana Regulations at a Glance

The chart below lays out key aspects of Montana's asbestos regulations.

Statutes

§ Federal National Emissions Standards for Hazardous Air Pollutants (NESHAP)

§ Asbestos Control Act of Montana, MN CODE ANN § 75-2-501 et. seq.

Asbestos Regulatory Agencies

§ Federal Environmental Protection Agency

§ Montana Department of Environmental Quality (DEQ)

§ Occupational Safety Health Administration (OSHA)

Asbestos Removal Regulations

Regulating Authority

The Montana DEQ administers the regulatory requirements set forth in the federal NESHAP and Montana Administrative Rules. These rules govern renovation and demolition, asbestos disposal, and other asbestos-related activities. The EPA retains jurisdiction over asbestos present in schools in Montana, however, schools also remain subject to Montana asbestos statutes and rules. Asbestos standards in the construction industry are enforced by OSHA.

Asbestos Removal and Notification

Removal of more than 10 square feet of asbestos-containing material requires use of a state-certified asbestos contractor. Depending on the amount of material to be removed, the Montana DEQ must receive proper a permit application 5 to 10 working days prior to the start of the job.

Licensing

Asbestos-removal professionals must be licensed by the state pursuant to the standards set forth in the Asbestos Control Act.

Penalties

District courts are authorized to assess civil penalties of up to $25,000 per day for any violation of the Asbestos Control Act.

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.

Related Montana Legal Resources

Get a Free Legal Evaluation of Your Montana Asbestos Claim

Like other types of lawsuits, asbestos-related claims are subject to statutes of limitation, so it's important to act promptly if you believe that you have been harmed due to asbestos exposure. Contact an attorney experienced with asbestos and mesothelioma lawsuits to receive your free case evaluation.

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