Comparison: State vs. Federal
• Rules. Projects involving asbestos in Delaware must comply with federal asbestos requirements. Delaware had adopted the federal NESHAP rules for asbestos with some changes. For a review of the federal requirements, see the national section ASBESTOS.
The state has separate rules for control of asbestos air emissions in projects not subject to the NESHAP. The state also regulates certification, notification, work practices, and waste disposal for asbestos projects, regardless of the NESHAP applicability.
• Administration and enforcement. DFM is responsible for adopting training and certification regulations; conducting inspection of state-funded abatement projects; and issuing, suspending, and revoking certifications. DNREC is responsible for oversight and enforcement of asbestos regulations. DNREC's DAWM administers and enforces the NESHAP and other air emissions standards for asbestos.
16 DE Admin Code 4475.1.0, 16 DE Admin Code 4475.4.0, 16 DE Admin Code 4475.5.0, and 16 DE Admin Code 4475.11.0 to 4475.14.0
Classifications. Only certified contractors may perform public or private asbestos abatement projects, except for those in an owner-occupied single-family dwelling performed by the owner, which must be performed by certified contractors. Delaware regulations contain the following certification classifications for persons or entities involved in abatement projects:
- Abatement contractor (Class A): Any individual, public or private corporation, partnership, association, firm, trust, estate, institution, or other legal entity who has met the minimum requirements established by DFM to perform all types of asbestos ...