Asbestos Project Notification

Notice

Effective July 1, 2021, asbestos-related work (Minnesota Statutes 326.71, subdivision 4) no longer includes the exemption of asbestos-containing floor tiles and sheeting, roofing materials, siding, and all ceilings with asbestos-containing material (ACM) in single family residences and multifamily facilities with no more than four dwelling units. The change impacts the amount of the residential project fee you submit to the Minnesota Department of Health. The fee amount will depend on how much friable ACM is subject to abatement, enclosure, and encapsulation.

For residential or multifamily facility projects where the quantity of friable ACM is greater than six but less than 160 square feet, greater than ten but less than 260 linear feet, or greater than one cubic foot but less than 35 cubic feet, the permit fee is $35.

For residential or multifamily facility projects where the quantity of friable ACM is greater than 160 square feet, 260 linear feet, or 35 cubic feet, the permit fee is 2% (of the total project cost).

For non-residential or commercial projects (single projects, a series of small projects, and maintenance projects) where the quantity of friable ACM is greater than 160 square feet, 260 linear feet, or 35 cubic feet, the permit fee is 2%.

Notification of Asbestos-Related Work

When does the Minnesota Department of Health (MDH) need to be notified of an asbestos project?

There are four situations where MDH must be notified of an asbestos project:

1. Single project: If your project at a facility meets the following three requirements, then your project is notifiable:
   1. the material being removed, enclosed or encapsulated is greater than 1% asbestos; and
   2. the material is friable; and
   3. the quantity of material exceeds:
      1. 260 linear feet on pipes; or
      2. 160 square feet on other components; or
      3. 35 cubic feet if linear or square feet can't be determined
2. Series of small projects: A series of small related or unrelated projects at a facility conducted in a calendar year may be regulated by MDH. If the total quantity of material being worked on exceeds 260 linear feet, 160 square feet or 35 cubic feet, then those series of small projects are regulated by MDH. Those projects are regulated by MDH from the start of the projects, not when the quantities have been surpassed.
3. Maintenance projects: Scheduled maintenance projects at a facility conducted in a calendar year may be regulated by MDH. If the total amount of material being worked on exceeds 260 linear feet, 160 square feet or 35 cubic feet, that maintenance activity is regulated by MDH, from the start of the projects.
4. Residential projects: If your project is in a single family or a multi-family residence and meets the following three requirements, then your project is notifiable:
   1. the material being removed, enclosed or encapsulated is greater than 1% asbestos; and
   2. the material is friable; and
   3. the material is being worked on exceeds:
      1. 10 linear feet on pipes; or
      2. 6 square feet on other components; or
      3. 1 cubic foot if linear or square feet can't be determined

How do I notify MDH?

Notify MDH of your asbestos-related work project by using MDH's Online Asbestos-Related Work Notification web page, or by submitting a completed Notification of Asbestos Related Work (PDF) along with the 2% permit fee (or $35 permit fee for a small residential project). This form can be used to notify both the MDH and Minnesota Pollution Control Agency (MPCA).

When must I notify MDH?

The completed notification form and 2% permit fee (or $35 permit fee for a small residential project) must be received by MDH at least five (5) calendar days before beginning asbestos-related work.

Who must submit the notification?

Only Minnesota-licensed asbestos contractors may submit a notification to MDH, it must be by the contractor performing the work and the 2% permit fee must accompany the notification. If more than one contractor is performing work at a site, each must submit a separate notification to the MDH.

What if something changes after I submit the notification?

The licensed contractor must update or amend information on the notification using the same Notification of Asbestos Related Work (PDF). Simply check "Amended" at the top of the form, change the necessary information and then circle or highlight the new information so MDH can readily identify it. When amending information on a notification keep in mind the following requirements:

• All amendments must be in writing;
• Start dates may be amended to an earlier date, but MDH must still be notified five (5) calendar days in advance;
• Any other amended information must be received by MDH on the date of the change.
• Amendments to work shift times and dates (except for the start date) may be submitted to MDH by telephone or voice mail.

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The one percent project fee for air monitoring

Does the 2% project fee apply to asbestos air monitoring?

Yes. Asbestos contractors performing air monitoring must pay a project fee to MDH equal to two percent of the total cost of the following activities:

• HEPA exhaust air monitoring - Minnesota Rules, part 4620.3570, subpart 6
• Visual inspection after post-abatement cleaning - MinnesotaRules, part 4620.3575, subpart 2, and subpart 4
• Clearance air monitoring - Minnesota Rules, parts 4620.3575, subpart 5, and 4620.3594
• Final visual inspection of asbestos work area - Minnesota Rules, part 4620.3575, subpart 7
• Air monitoring - Minnesota Rules, part 4620.3592, subpart 2
• Air monitoring - Minnesota Rules, part 4620.3592, subpart 3
• Analysis of air samples using TEM - Minnesota Rules, part 4620.3592, subpart 4
• Air monitoring during glove bag or mini-containment procedures - Minnesota Rules, part 4620.3592, subpart 5
• Establishment of an alternative indoor air standard - Minnesota Rule, part 4620.3597, subpart 2

When must I notify?

You must notify MDH five days prior to the start of asbestos-related activities. The 2% fee must be submitted with your Asbestos Air Monitoring Notification (PDF). If the total cost of the project is not known until the project has been invoiced, you must estimate the total cost and the corresponding 2% fee.

What if the project costs change during the project?

If the project costs increase during a project, you must pay 2% of the increase to MDH. If the project costs decrease, you may request a refund from MDH.

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Emergency projects

What is an emergency project?

An emergency project results when a sudden, unexpected event causes a significant safety or public health hazard, or the event causes damage to a facility or facility components.

If you believe you have an emergency asbestos project, contact MDH and MPCA as soon as possible to verify with each agency as to whether the project meets the requirements of an emergency project.  Failure to do so may result in delays in issuing the project permit by MDH.

Is discovery of asbestos-containing material on a demolition or renovation project an emergency?

No. Poor planning or an inadequate inspection does not allow you to circumvent the advance notice requirements. Material that is in good condition and does not present a health hazard cannot be removed as an emergency. If asbestos-containing material is damaged during a demolition or renovation project or there are other circumstances, contact MDH to see if it meets the requirements of an emergency project.

How do I notify for an emergency asbestos project?

If the emergency project begins between 8:00 a.m. and 4:30 p.m. on days MDH is open, the licensed contractor must:

• Use the Online Asbestos-Related Work Notification web page;

OR

• submit a completed Notification of Asbestos Related Work (PDF) form to MDH;and
• contact MDH to let us know the emergency notification is being submitted; and
• submit the 2% permit fee within five calendar days of starting the emergency project.

If the emergency project begins at any other time, the licensed contractor must:

• Use the Online Asbestos-Related Work Notification web page;

OR

• submit a completed Notification of Asbestos Related Work (PDF) by 4:30 p.m. of the next day MDH is open; and
• contact MDH to let us know the emergency notification is being submitted; and
• submit the 2% permit fee within five calendar days of starting the emergency project.

Can I amend an emergency project notification?

Yes. Amendment procedures for an emergency project notice are the same as for non-emergency projects. However, additional asbestos-containing material can not be added unless it is part of the emergency. Any additional non-emergency asbestos-related work would require the standard five-day notification period.

What about emergency residential projects?

Emergency residential projects must meet the same requirements as non-residential emergency projects. In all situations, health and safety, and building environment requirements are considered when determining an emergency project.

How do I find out more information?

For more information about asbestos, contact the Asbestos Program at MDH through the internet or by telephone at (651) 201-4620.

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