Comparison: State vs. Federal
• Rules. Kansas has requirements, in addition to the federal requirements, for enclosure, removal, or encapsulation of asbestos-containing materials (ACM) and ACM waste disposal. The state’s requirements for asbestos abatement licensing and certification are stricter than federal guidelines.
The federal requirements established by OSHA governing exposure to asbestos in the workplace and the National Emissions Standard for Hazardous Air Pollutants (NESHAP) for asbestos established by EPA are applicable in Kansas. However, the state has not adopted the federal requirements. See the national section ASBESTOS for further discussion of the federal standards.
• Administration and enforcement. The Radiation and Asbestos Control Section of KDHE’s Division of Health and Environmental Laboratories administers and enforces the state’s asbestos requirements. The applicable federal provisions are administered and enforced by EPA and OSHA, respectively.
Business licensing. Business entities that conduct asbestos projects, including projects in occupied spaces, must be licensed by KDHE. Licenses are not granted by the state to businesses unless the following requirements have been fully demonstrated:
- At least one person from the business must be designated to ensure compliance with asbestos regulation and must hold a currently valid certificate as a Class II asbestos worker. This person must be physically present and directly supervise each project.
- Every employee or agent of the business who comes in contact with asbestos must be certified and accredited.
- Following OSHA and EPA regulations, businesses must make available, at ...