Comparison: State vs. Federal
• Rules. The state regulates asbestos worker certification, training course accreditation, permitting, practices, work practices, and waste disposal for both NESHAP-size and smaller asbestos projects. Montana’s asbestos regulations apply to all persons and entities engaged in an asbestos-related occupation, persons in charge of asbestos abatement projects, and persons who offer course work for accreditation of people engaged in asbestos abatement projects. Homeowners conducting projects in their own home that is used exclusively as a domicile are not subject to the asbestos regulations except that they must comply with packaging, transport, and disposal requirements.
All applicable sources in Montana must comply with the asbestos NESHAP requirements. See the national section ASBESTOS for details.
Montana has established a safety code for every public sector place of employment. The safety code is an adoption by reference of the applicable federal standards under 29 CFR 1910 and 29 CFR 1926.
DEQ has adopted by reference the federal standards under 40 CFR 763 pertaining to inspections and reinspection, sampling, analysis, assessment, and response actions with respect to asbestos in school buildings.
• Administration and enforcement. DEQ's Asbestos Control Program administers and enforces the asbestos rules in Montana, including certification of persons engaged in abatement projects, permitting, and technical standards for abatement projects. The Department of Labor and Industry administers and enforces the safety code for public sector places of employment.