Asbestos

As of January 1, 2018, the asbestos programs of Ohio EPA and the Ohio Department of Health merged into a single program, operated by Ohio EPA. Refer to the information below, as well as this Ohio EPA fact sheet and the Ohio EPA Asbestos website.

What is the role of the Southwest Ohio Air Quality Agency?

The Southwest Ohio Air Quality Agency (Agency) is responsible for enforcing state and federal asbestos regulations in Butler, Clermont, Clinton, Hamilton, and Warren counties. Regulations governing asbestos emission control from demolition, renovation, and waste disposal activities include the Code of Federal Regulations (CFR) 40 CFR 61.145, the Ohio Administrative Code (OAC) 3745-20, and OAC 3745-22

What constitutes a demolition or renovation/abatement activity?

An operation is a demolition if the overall project involves the wrecking or removing of any load-bearing structural member of a facility whether or not regulated asbestos containing materials (RACM) is present. Related operations such as removal of demolition rubble or intentional burning are also subject to demolition requirements.

An operation is a renovation/abatement if the project does not include demolition activities, but does involve altering a facility in any way, including stripping, removing or disturbing RACM on facility components.

What types of projects require notification?

Per OAC 3745-20, the owner or operator of a demolition project must notify for all demolitions involving institutional, commercial, public, industrial, or certain residential structures, installations, or buildings. This includes bridges, tunnels, apartments with more than four dwelling units, homes which are part of a development project (not privately owned), partial demolitions, churches, power plants, parking garages, and farms.

Additionally, per OAC 3745-20, the owner or operator of a renovation project must notify when the amount of RACM stripped, removed, dislodged, cut, drilled, or otherwise disturbed exceeds 260 linear feet, 160 square feet, or 35 cubic feet off facility components. These amounts are a cumulative total of all work that is performed over the course of a calendar year.

Per OAC 3745-22, the owner or operator of a renovation project must notify when a licensed contractor is doing the project and the amount of RACM being abated exceeds 50 square feet or 50 linear feet.

Residential Exemption per OAC 3745-20: Projects involving a privately owned home, residential structures with four or fewer dwelling units, and mobile sources are exempt from having to submit a notification form, unless one or both of the following two conditions exist: (1) More than one residential structure or private home is undergoing demolition as part of the same project; and/or (2) The demolition is being conducted using state and federal funds as part of an urban renewal project. If one or both of the above numbered conditions exist, privately owned homes, residential structures with four or fewer dwelling units, and mobile sources are required to submit a notification form. 

However, there is no residential exemption for projects under 3745-22 when the work is being performed by a licensed contractor. In some instances, a project will be required to submit a notification per both OAC Chapters 3745-20 and 3745-22. The new combined Ohio EPA Demolition and Renovation/Abatement notification form covers both rules.

Where do I find an Ohio EPA Renovation and Demolition Notification?

As part of the merger of the two asbestos programs, a new online system was developed for the submittal of notifications. This system can be accessed through Ohio EPA eBusiness Center. All owners and contractors are encouraged to use this online system to submit their notifications of demolition and renovation/abatement. 

If you prefer to submit a hard copy notification, the current Ohio EPA notification form may be obtained at Ohio EPA Asbestos

Where should I submit an Ohio EPA Renovation and Demolition Notification?

Owners and contractors are strongly encouraged to submit their demolition and renovation/abatement notifications via the Ohio EPA eBusiness Center. State fees associated with online notifications are payable by electronic check or credit card. There is a small processing fee if payment is made with a credit card.

Hard copies, with full fee payment by a check or money order payable to "Treasurer, State of Ohio," must be mailed to: Asbestos Program, Ohio EPA DAPC, P.O. Box 1049, Columbus, Ohio 43216-1049 or hand delivered to Asbestos Program, Ohio EPA, DAPC, 50 W. Town St., Suite 700, Columbus, OH 43215. Hard copy notifications received without payment are considered incomplete.

What local fees are associated with the Ohio EPA Renovation and Demolition Notification?

In addition to the state asbestos fees paid when a notification is submitted, there are local fees associated with each notification of demolition and renovation/abatement submitted to the State (whether the submittal is done online or via hard copy). There is a fee of $100 for each original notification. Starting October 1, 2018, the Agency will also charge $50 for each revised notification, up to three revisions. These local fees generate the local funding required to review notifications and perform inspections of properties being demolished, renovated or abated in Butler, Clermont, Hamilton and Warren counties. 

The Agency will issue invoices on a quarterly basis. These bills will be sent around the tenth of each month following the end of the quarter (January 10, April 10, July 10, and October 10). You will be billed for each notification where the projects have been completed by the end of the previous quarter. Payment should be submitted to our Agency within 30 days of receiving this bill. Checks and money orders should be made payable to the Treasurer of Hamilton County.

To whom should I submit the Ohio EPA Renovation and Demolition Notification?

Either the owner or contractor may submit the notification. The submitter should be the person who signs the notification. Please refer to Ohio EPA Asbestos for information regarding obtaining the necessary electronic signature to be able to use the online demolition and renovation/abatemement notification form.