Indiana Asbestos Regulations

Created by FindLaw's team of legal writers and editors | Last reviewed December 10, 2018

Tearing down an old structure or part of a building to make way for new construction or fresh renovations comes with a lot of excitement and potential. But these projects also carry the risk of exposing hazardous contaminants, such as asbestos. Before beginning any renovation or demolition project in the Hoosier State, you should become familiar with both federal and Indiana asbestos regulations.

Why Is Asbestos Dangerous?

Asbestos is a fibrous mineral that was popular in the construction and commercial products industries during the 20^th century because of its heat-resistant, strong, and insulating qualities.

Once its health hazards became more apparent in the 1960s and 1970s, the states and federal government began regulating the use, removal, and disposal of asbestos, with most uses banned by 1990. Now, it’s a well-known fact that inhaling asbestos fibers can cause serious illness, such as mesothelioma (cancer of the chest and abdominal linings), lung cancer, and asbestosis (irreversible lung scarring similar to emphysema).

While most uses are now prohibited, many structures, such as popcorn ceilings, still have asbestos-containing material (ACM) in them. Although intact, undisturbed asbestos is not considered dangerous, asbestos-containing material can release hazardous asbestos fibers into the air during renovations, demolition, deterioration, or other activities.

Federal and Indiana Asbestos Laws

In order to protect workers and the general public from such serious health effects, both the federal government and the state of Indiana have enacted numerous asbestos-related laws. For example, with the exception of residential buildings with no more than four dwelling units, all buildings must be inspected for asbestos by an Indiana-licensed inspector before any renovation or demolition activities can occur. And while private homeowners don’t have to abide by all of the notification and removal requirements that others must follow for demolition and renovation, they do have to ensure that they contain and dispose of ACM in a way that doesn’t create a threat to human health or the environment.

The following chart provides key sections of Indiana’s asbestos regulations, as well as relevant regulatory agencies.

Statutes

Indiana Code, §13-17-6-1 et seq. (licensing, accreditation, and oversight)
Indiana Code, §13-14-1-2 et seq., §13-14-8-7 (power and duties of environmental management department)
EPA, 40 CFR Part 61, Subpart M (national emission standards and renovation/demolition requirements for asbestos)
OSHA, §1926.1101 (federal safety and health regulations regarding asbestos in the workplace)

Asbestos Regulatory Agencies

Federal:

U.S. Environmental Protection Agency (EPA)
Occupational Safety and Health Administration (OSHA)

Indiana:

Indiana Department of Environmental Management (IDEM) Office of Air Quality
IDEM Office of Land Quality
Indiana Department of Labor

Asbestos Removal Regulations

Persons inspecting or developing asbestos plans for a facility must attend an approved training course and be licensed according to Indiana regulations (§18-1)
Residential buildings of four or fewer dwelling units are exempted from inspection requirements and individual homeowners are exempt from inspection, notification, and removal requirements (§18-1-2(13))
All persons, including individual homeowners, must store, contain, process, and dispose of solid waste such that it doesn’t create a threat to human health or the environment (§10-4-2)
Failure to abide by federal or state standards may result in license or accreditation suspension or revocation (§13-17-6-11)
Prior to renovation or demolition, facility must be inspected for asbestos by an Indiana licensed asbestos inspector (§14-10-1)
Owners or operators of a demolition or renovation activity involving asbestos must notify the Department of Environmental Management at least 10 working days before work begins (§14-10-3)
Asbestos emission control and wetting procedures (§14-10-4)
Standards for asbestos disposal (§10-8.2-4)

Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.