Oklahoma Asbestos Regulations

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

Although you’ve probably heard about asbestos, you might not know why it’s hazardous or how it can play a role in renovation and demolition work. Whether you’re planning to renovate, you work in the construction industry, or you work in a place where asbestos is present, there are many state and federal regulations designed to protect workers and the general public from the dangers of asbestos exposure. Read on to learn more about Oklahoma asbestos regulations and how they might affect you.

What Is Asbestos?

Asbestos is a naturally-occurring, abundant, fibrous mineral known for its strength and heat-resistance. It was especially popular in the construction and commercial products industries during the early and mid 20^th century. Unfortunately, it’s now well-established that inhaling asbestos fibers can lead to diseases like mesothelioma (cancer of the chest and abdominal linings), lung cancer, and asbestosis (irreversible lung scarring similar to emphysema), even though symptoms or a diagnosis may not occur until decades after exposure.

The states and federal government began regulating asbestos more stringently in the 1960s and 1970s, with many applications banned by 1990. Unfortunately, many structures, such as popcorn ceilings, roofing, and pipe insulation still have asbestos-containing material in them. This is why there are many regulations which govern the asbestos removal process during renovations and demolitions.

Asbestos Laws in Oklahoma

Both federal and Oklahoma state regulations aim to minimize asbestos exposure among workers and the general public. For example, you must submit notification to Oklahoma’s Department of Environmental Quality before beginning any demolition – whether asbestos is present or not – and for renovations with certain quantities of asbestos involved. Additionally, contractors working with asbestos-containing material must be licensed according to Oklahoma training and licensing regulations.

In general, Oklahoma regulations adopt or echo the federal standards found in the National Emissions Standard for Hazardous Air Pollutants (NESHAP), the Asbestos Hazard Emergency Response Act (AHERA), and the Occupational Safety and Health Administration (OSHA) asbestos regulations. The following chart provides some of the key sections of the federal and Oklahoma asbestos regulations, as well as relevant regulatory agencies.

Statutes

Oklahoma Asbestos Control Act, §40-11-452 (licensing)
Oklahoma Clean Air Act, §27A-2-5-114 (regulatory authority); §27A-2-5-116 (penalties for violating Oklahoma Clean Air Act)
EPA, 40 CFR Part 61 (national emission standards and renovation/demolition requirements for asbestos); 40 CFR Part 763, Subpart E (asbestos in schools)
OSHA, 29 CFR 1926.1101 CFR 1910.1001 (federal safety and health regulations regarding asbestos in construction and the workplace)

Asbestos Regulatory Agencies

Federal:

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

Oklahoma:

Asbestos Removal Regulations

Contractors performing asbestos abatement work must be licensed (380:50-5-5 et seq.).
Ten-day notification of asbestos abatement is required in most cases (380:50-9-1 and 380:50-14-1).
Asbestos removal procedures including wetting requirements (380:50-17-5)
Asbestos must be properly transported and disposed of at an authorized site (380:50-17-9).
Additional Oklahoma provisions for handling, storing, and transporting friable asbestos during demolition or renovation operations (in addition to national emission standards) (252:100-40-5)
Asbestos related violations (380:50-7-1)

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.