West Virginia Asbestos Regulations

Asbestos is a formerly popular building material that is now known to cause serious lung diseases and cancers, including mesothelioma. Years ago, asbestos was commonly included in a variety of building materials, including "popcorn" acoustical ceilings, pipe insulation, air duct coverings, window putty, and flooring tiles and vinyl, to name only a few. The mere presence of undamaged asbestos materials in homes and public buildings isn't necessarily dangerous. However, when asbestos is disturbed due to a renovation or demolition project, fibers become airborne and can lodge in the lung tissues, causing damage and injury.

The federal Environmental Protection Agency has developed regulations to prevent asbestos materials from becoming an air pollutant by outlining a specific asbestos removal procedure. Some states, including West Virginia, have adopted these regulations in addition to implementing comparable state regulations.

West Virginia Regulations at a Glance

Below, you'll find key information about West Virginia asbestos regulations.

  • Statutes

Asbestos Regulatory Agencies

Federal:

  • Environmental Protection Agency

West Virginia:

  • West Virginia Division of Air Quality (DAQ)
  • West Virginia Office of Environmental Health Services Asbestos Program

Asbestos Removal Regulations

The West Virginia DAQ enforces the federal Asbestos NESHAP rules as follows:

  • Prior to demolition or renovation activities, a thorough inspection of the facility or affected part must be conducted to identify and quantify any asbestos-containing material
  • When asbestos is found to be present, written notice using specified forms must be postmarked and delivered to the DAQ at least 10 working days prior to any demolition or disturbing of asbestos materials
  • All asbestos materials must be carefully removed, handled and disposed of. Materials must be properly wetted to avoid airborne fibers and sealed in leak-proof tight containers
  • Waste must be labelled properly and be transported to approved asbestos disposal sites

The West Virginia Office of Environmental Health Services Asbestos Program also requires:

  • Individuals conducting building inspections and/or asbestos removal to be properly trained and licensed
  • Penalties for violations of the licensing requirement is punishable by a civil penalty of no less than $250 and no more than $5,000 for each separate violation. A person who violates asbestos licensing provisions is also guilty of a misdemeanor. Any willful refusal to halt work will be subject to fines between $10,000 and $25,000 for initial violations, and between $25,000 and $50,000 for each subsequent violation.

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 West Virginia Resources

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