North Carolina Asbestos Regulations

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

Even if you don’t know exactly what asbestos is, you know it’s not safe and you hope it’s not lurking in the walls around you. Because of the health hazards associated with asbestos, the federal government and all 50 states, including North Carolina, have enacted laws and regulations restricting its use and controlling its removal process. So, if you’re worried that there’s asbestos in your home, or you’ve been hired to renovate an office building, you’ll need to know about North Carolina’s asbestos regulations before taking action.

Asbestos and Its Dirty Past

Asbestos was used heavily during the 20^th century because it’s a naturally-occurring mineral with heat-resistant qualities that made it well-suited for use in the construction industry. However, more and more scientists began to agree that it posed serious health risks, and most uses were eventually banned by 1990. Unfortunately, many buildings and other items still contain asbestos. It’s now listed as known carcinogen, and inhaling asbestos fibers can cause mesothelioma (cancer of the chest and abdominal lining), lung cancer, and asbestosis (irreversible lung scarring).

Asbestos Laws in North Carolina

Many North Carolina asbestos regulations mirror or simply adopt the federal standards for asbestos emissions, inspection, and removal. In addition to those regulations, all contractors who inspect and work with asbestos-containing material must be trained and accredited according to North Carolina state law. And although homeowners are exempt from most permit and notification requirements, it’s strongly recommended that you hire an accredited professional to inspect and remove structures that could contain asbestos to avoid the release of toxic asbestos fibers.

The following chart provides some of the key sections of North Carolina’s asbestos regulations, as well as relevant state and federal regulatory agencies.

Statutes & Regulations

NC General Statutes §130A-444 et seq. (accreditation, permitting, asbestos exposure in public areas)
NC General Statutes §130A-22(b1)-(b2) (penalties)
EPA 40 CFR Part 61, Subpart M and North Carolina Admin. Code 10A NCAC 41C .0600 et seq. (national emission standards and renovation/demolition requirements for asbestos)
OSHA, §1926.1101 (federal safety and health regulations regarding asbestos)

Asbestos Regulatory Agencies

Federal:

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

North Carolina:

Asbestos Removal Regulations

Asbestos-containing materials may be inspected and removed only by North Carolina trained and accredited asbestos professionals (10A NCAC 41C .0602-.0603)
Schools must inspect for and respond to the presence of asbestos using individuals trained and accredited by the EPA (10A NCAC 41C .0604; 40 CFR Part 763; §130A-445).
Notification of building demolition must be submitted to the Health Hazards Control Unit 10 days prior to start of project even if no asbestos is present in the building (40 CFR 61.145(b))
Must submit permits and fees 10 days prior to start of removal where more than 35 cubic feet, 160 square feet, or 260 linear feet of asbestos-containing material is to be removed (10A NCAC 41C .0605-.0606)
Asbestos must be removed before beginning work that would disturb the asbestos; asbestos-containing material must be adequately wet during removal (40 CFR 61.145(c)).
Dispose of all asbestos-containing material at an approved disposal site (40 CFR 61.150(b), 61.154)

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.