Comparison: State vs. Federal
• Rules. The federal NESHAP for asbestos established by the Environmental Protection Agency (EPA) are applicable in New Jersey. See the national section ASBESTOS for further discussion of the federal standards.
New Jersey has not received federal approval to administer its own occupational safety and health rules for private sector workplaces (private businesses and nonprofit organizations). Therefore, federal workplace safety and health rules apply in the private sector.
The state has received approval to administer its own workplace safety and health rules in the public sector (state and local government offices and operations). New Jersey has adopted the federal standard for asbestos exposure in general industry (brake and clutch repair, custodial work, and the manufacture of asbestos-containing products) by reference. The state has adopted the federal standards for protecting the safety and health of public sector employees during asbestos abatement activities (alteration, repair, demolition, renovation, and removal) by reference.
The state has additional requirements for asbestos-containing materials (ACM) abatement projects and ACM waste disposal. The state’s requirements for asbestos abatement licensing are stricter than federal guidelines.
• Administration and enforcement. DCA provides information on methods of asbestos remediation in schools and buildings in which public employees are located and regulates the air monitoring firms for asbestos abatement projects. DCA also licenses abatement contractors, abatement workers, and their supervisors. DHSS and DOL are jointly responsible for the training and certification of persons involved in asbestos projects. DEP regulates ...