Nebraska Asbestos Regulations
Asbestos -- a naturally occurring, fibrous mineral -- was once revered for its heat- and fire-resistant properties. It was used in building construction, brake pads, and other applications where fire-resistance is valued. But after it was confirmed that asbestos also causes serious illnesses when inhaled through the air, it was largely phased out. But while it's no longer mined and used in new products, it remains in old buildings, abandoned asbestos mines, shipyards, and other locations. Therefore, people may still be at risk for exposure, which can lead to mesothelioma, lung cancer, and other serious illnesses.
Below is a summary of Nebraska's regulations with regard to the handling and disposal of asbestos.
Nebraska Asbestos Regulations at a Glance
| Statutes and Codes |
- Nebraska Administrative Code Title 178, Chapter 22: Asbestos Projects
- Nebraska Revised Statutes § 71-6301, et seq. (Asbestos Control Act)
|
| Asbestos Regulatory Agencies |
Federal:
- U.S. Environmental Protection Agency (USEPA) Develops and enforces regulations necessary to protect the general public from exposure to airborne contaminants that are known to be hazardous to human health (See 42 U.S.C. § 7401 et. seq).
- Occupational Safety and Health Administration (OSHA)
Nebraska:
- Nebraska Department of Health and Human Services (DHHS)
- Nebraska Department of Environmental Quality (DEQ)
|
| Entities Subject to Asbestos Regulations |
- Any private or public business entity as defined in these regulations undertaking an asbestos project in Nebraska;
- Any person working on an asbestos project or in an asbestos occupation in Nebraska; and
- Any person or entity offering a training course to qualify an individual in an asbestos occupation for license or renewal of a license in Nebraska.
An asbestos project requiring licensure includes the following activities:
- Determining whether asbestos containing materials (ACM) exist;
- Assessing the condition of any ACM;
- Preparing plans and specifications for an asbestos project;
- Performing the asbestos project; and
- Performing final clearance air sampling or soil sampling at the end of an asbestos project.
|
| Nebraska Asbestos Regulations |
Inspections:
- Facilities must be inspected for the presence of ACM prior to any demolition or renovation.
- Suspect ACM must be either analyzed by a lab or assumed to be asbestos and handled accordingly.
Notifications:
- Regardless of whether ACM is present, facility operators or owners are required to provide notification to NDEQ at least 10 working days in advance of any demolition (residential structures may be exempt).
- A fire department conducting a training exercise must submit a fire training demolition notification to NDEQ 10 working days in advance.
- For an emergency renovation, NDEQ must be notified as soon as possible (notification must also include date and hour that the emergency occurred and a detailed description of the unexpected event).
- If the project is located within Lancaster County, notification must also be submitted to the Lincoln Lancaster County Health Department.
- If the project is located within Omaha city limits, notification must also be submitted to the Omaha Air Quality Control Board.
Asbestos Emission Control:
- Asbestos (ACM) must be completely removed prior to demolition or any other activity that would disturb the material.
Waste Disposal:
- Regulated asbestos-containing material (RACM) must be transported by an asbestos trained representative in a marked vehicle and disposed of in a permitted municipal solid waste landfill.
|
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.
Research the Law
Nebraska Asbestos Regulations: Related Resources
Talk to an Attorney Before Filing Your Nebraska Asbestos Claim
Since there is no known "safe" level of asbestos exposure, those who believe they may have inhaled any asbestos fibers -- perhaps while renovating an old house -- might want to seek medical attention as a precaution. There also may be a legal remedy for asbestos-related illnesses. Get more information about your situation and potential asbestos claim today by contacting an experienced Nebraska injury lawyer near you.
From FindLaw Created by FindLaw's team of legal writers and editors.
