Comparison: State vs. Federal
• Rules. Kentucky has incorporated the asbestos NESHAP standards by reference. The federal regulation includes demolition, renovation, fabricating, and waste disposal standards. In addition, Kentucky requires entities performing asbestos abatement to comply with additional state certification regulations and work practice requirements. Kentucky follows federal provisions for dealing with asbestos in schools under the Asbestos Hazard Emergency Response Act (AHERA). All individuals performing work in public, commercial, and school buildings are required to be accredited under Kentucky regulations. The Louisville Metro Air Pollution Control District has its own notification forms, fees, and procedures.
Kentucky has adopted the federal standard for asbestos exposure in general industry (brake and clutch repair, custodial work, and the manufacture of asbestos-containing products. The state has adopted the federal standards for protecting the safety and health of employees during asbestos abatement activities (alteration, repair, demolition, renovation, and removal) by reference.
• Administration and enforcement. DEP’s Division for Air Quality administers and enforces the state’s asbestos regulations, except in the Louisville metropolitan area where the authority has been delegated to the local air pollution control district. KY OSH administers the workplace safety and health rules for asbestos in private and public sector workplaces.
Licensing and Certification
401 KAR 58:040 Section 3, 401 KAR 58:040 Section 5 to Section 10, and 401 KAR 58:005
Entity certification. Any asbestos abatement entity must be properly certified before engaging in any ...