South Carolina Asbestos Regulations

Created by FindLaw's team of legal writers and editors | Last reviewed December 18, 2018

While the hazards of asbestos are now well-known, it wasn’t always that way. That’s why asbestos could still be lurking in your office building, home, or other manufactured items. So, if you’re planning any kind of renovation or demolition, or you think you may have been exposed to asbestos already, it would be wise to become familiar with federal and South Carolina asbestos regulations as soon as possible.

The Dangers of Asbestos

Asbestos is a fibrous mineral that has been used for centuries, thanks to its strong, insulating, and fire-proofing qualities. In the 20^th century, it was used heavily in everything from building materials to clothing and car brakes. While asbestos that is intact and undisturbed isn’t considered dangerous, inhaling asbestos fibers that are released during renovations, demolition, or other activities can lead to devastating illnesses, such as mesothelioma (cancer of the chest and abdominal linings), asbestosis (irreversible lung scarring similar to emphysema), and lung cancer.

Because of these health risks, states and the federal government started to restrict the use of asbestos in the 1960s and 1970s, with most uses banned by 1990. However, since many items and components such as popcorn ceilings still contain asbestos, there are many regulations concerning asbestos emissions standards and the removal process.

Federal and South Carolina Asbestos Laws

State and federal regulations aim to protect workers and the public from asbestos exposure by requiring those involved in asbestos abatement to be trained and licensed according to rules enacted by South Carolina’s Department of Health and Environmental Control. The regulations also mandate that facilities be inspected for the presence of asbestos before demolition or renovation can begin. And although individual houses and residential building with four or fewer dwelling units are exempt from most asbestos regulations, it is still recommended that the appropriate safety precautions be followed to prevent inadvertent exposure, including proper disposal protocol.

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

Statutes

South Carolina Code, §44-87-10 et seq. (asbestos licensing, delegation of authority, penalties)
South Carolina Code, §44-135-10 et seq. (procedure for asbestos claims)
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)

South Carolina:

Asbestos Removal Regulations

Persons performing an asbestos abatement or project must be trained and certified according to South Carolina regulations (61-86.1 Section IV).
Owners of a facility to be demolished or renovated must first have the facility inspected for asbestos (61-86.1 Section VI).
General requirements for asbestos projects (61-86.1 Section V).
Residential buildings of four or fewer dwelling units are generally exempt from many requirements such as inspection (though it’s still recommended) (61-86.1 Section II(D), I(45)).
Disposal requirements for renovation asbestos abatement projects (61-86.1 Section VIII).
Every owner or operator of a demolition must notify the Department of Health and Environmental Control at least 10 days before activity begins (61-86.1 Section XVI(B)).
Disposal requirements for demolition projects (61-86.1 Section XVI(F)).
Reprimands, suspensions, and revocation (61-86.1 Section XXI).

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.