New Hampshire Asbestos laws & safety compliance analysis

New Hampshire Asbestos : What you need to know

· Rules. The U.S. Environmental Protection Agency (EPA) has granted New Hampshire's request to implement and enforce its state regulation for asbestos management in place of the asbestos NESHAP for certain asbestos-related activities and for dealing with asbestos in schools. The state rule is federally enforceable and applies to most sources that would otherwise be regulated by the asbestos NESHAP or under 40 CFR 763. In some instances, the requirements of the state rule follow the federal standards, while in other areas, the state has promulgated regulations as substitutes or in addition to the federal requirements. However, in order for the state regulation to be approved by EPA, it must be at least as stringent as the federal requirements.

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New Hampshire does not have a federally approved occupational safety and health regulatory program for the state; therefore, private sector employers must comply with federal workplace safety and health standards for asbestos in general industry and construction. There are no state workplace safety and health rules for asbestos in public sector workplaces (state, county, and local government agencies, commissions, and school systems).

· Administration and enforcement. DES’s Air Resources and Waste Management Divisions administer and enforce NESHAP, asbestos abatement, licensing and certification, and waste disposal requirements. OSHA administers and enforces federal workplace safety and health requirements for asbestos in private sector workplaces.

NH Regs. Env-A 1801.02 and NH Regs. Env-A 1801.03

Any facility with regulated asbestos-containing material (RACM) on the premises, and any person involved in ...

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