HB 2355 -- Asbestos Abatement Projects

Sponsor:  Hummel

This bill changes the laws regarding asbestos abatement projects.
In its main provisions, the bill:

(1)  Revises the definition of:

(a)  "Asbestos abatement projects" by increasing the minimum
project dimensions from 10 to 160 square feet and from 16 to 260
linear feet and by adding the cubic feet measurement of 35 or
more of regulated asbestos containing materials;

(b)  "Asbestos containing material" by removing the by weight
requirement for the percentage of asbestos;

(c)  "Friable asbestos containing material" to include all
materials containing more than 1% asbestos that when dry, may be
crumbled, pulverized, or reduced to a powder by hand pressure;
and

(d)  "Inspector" by removing the requirement that the individual
be under the Asbestos Hazard Emergency Response Act of 1986;

(2)  Defines "regulated asbestos containing material" to include
friable asbestos containing material and Category I and II
nonfriable asbestos containing material;

(3)  Corrects a federal law reference for asbestos requirements
under the United States Occupational Safety and Health
Administration's (OSHA) regulations;

(4)  Specifies that an individual who has not successfully
completed an annual refresher course accredited by the State of
Missouri within 12 months of his or her certification's
expiration will be required to retake the training course.
Currently, an individual must complete a refresher course
accredited by the United States Environmental Protection Agency
(EPA) or the State of Missouri if a certification has lapsed for
more than 24 months;

(5)  Removes the provisions regarding exemptions from certain
state asbestos requirements for asbestos certification and
registration for persons who are subject to EPA and OSHA asbestos
regulations;

(6)  Reduces the amount of time in advance, from 20 working days
to 10 working days, that a person has for submitting an
application to the Department of Natural Resources for an
asbestos abatement project and requires the application to
include a copy of an asbestos inspection survey completed by a
certified asbestos inspector for the structure;

(7)  Removes the notification requirements for asbestos abatement
projects that are between 10 square feet and 160 square feet or
between 16 linear feet and 260 linear feet;

(8)  Allows the required analysis of asbestos air samples to be
conducted according to EPA standards.  Currently, the analysis
can only be conducted according to OSHA standards;

(9)  Removes the provision that requires civil penalties paid for
asbestos-related violations to be deposited into the Air
Pollution Asbestos Fee Subaccount of the Natural Resources
Protection Fund; and

(10)  Repeals an exemption regarding state asbestos abatement
projects for single-family owner-occupied dwellings and vacant
public or privately owned residential buildings of four units or
less that are being demolished for public health, safety, or
welfare reasons.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:13 pm