401 KAR 58:025 adopts by reference the federal NESHAP* regulation 40 CFR 61, Subpart M. It provides standards for (a) sources that use commercial asbestos, (b) demolition and renovation of facilities (excluding a single residential-use home and a single apartment building having no more than four dwelling units) and (c) waste disposal.
It also serves as a basis for 401 KAR 58:040, which was designed to ensure that entities performing asbestos abatement in Kentucky are fully qualified. It requires that these entities be certified to perform asbestos abatement projects, which are subject to 401 KAR 58:025 and establishes specific work practices for them to adhere to.
With certification, asbestos abatement entities have the training and background to protect Kentucky's environment and its citizens' health and welfare.
The federal NESHAP regulation was revised effective Nov. 20, 1990. The division has adopted corresponding revisions in its regulations.
The division's other two asbestos regulations, 401 KAR 58:005 and 401 KAR 58:010, are based on federal AHERA** laws, which are different from the NESHAP-based regulations. 401 KAR 58:005 requires accreditation of individuals performing work in public, commercial and school buildings. 401 KAR 58:010 requires that schools prepare and submit a management plan that shows the location and condition of all the asbestos in their buildings and provides a strategy for controlling the asbestos.
* National Emission Standards for Hazardous Air Pollutants
** Asbestos Hazard Emergency Response Act
Regulations can be downloaded or viewed in .pdf format at this location.
Kentucky Asbestos Accreditation Program (KAAP) - Based on U.S. EPA's Model Accreditation Plan, the KAAP contains training and accreditation requirements for asbestos professionals in various disciplines and approval criteria for asbestos trainers.