Asbestos work is regulated by several government agencies to ensure the public is protected. Minnesota Housing
Finance Agency (Minnesota Housing) requires compliance with all applicable regulations as they pertain to asbestos.
Since there is evidence that asbestos-containing material (ACM) is present in many buildings including those constructed after 1990, an asbestos inspection/assessment must be conducted on all buildings where there is reason to believe ACM may be present prior to starting site improvements receiving Minnesota Housing loan proceeds.
Purpose: To determine if there are ACM’s present in the structure.
- Minnesota Housing requires an asbestos inspection/assessment on all buildings prior to rehab where there is reason to believe ACM may be present and will likely be disturbed during proposed rehab activities or if Phase I Environmental Assessment reveals ACM is, or likely may be, present.
- A Minnesota-licensed Asbestos Inspector must perform any asbestos inspection/assessment in accordance with Minnesota Department of Health (MDH) regulations. In addition, the Minnesota Department of Labor and Industry, Minnesota Pollution Control Agency (MPCA) and the U.S. Environmental Protection Agency also have requirements for when and how an asbestos inspection/survey is conducted. The most restrictive state and federal regulations shall apply.
- If an asbestos inspection/assessment was previously conducted and it is determined to be reliable, no additional testing may be required.
- Inspection/assessment report(s) shall be provided to the Owner.
- If any of the testing reveals the presence of ACM, an asbestos management plan and asbestos removal plan shall be included in the final report. Any asbestos related work must be conducted in accordance with all applicable regulations.
- ACM or presumed asbestos-containing material (PACM) may remain that is in good condition and not likely to be disturbed or become hazardous, unless applicable regulations and/or Owner dictate otherwise. ACM or PACM that is damaged, hazardous or likely to become hazardous must be abated or encapsulated.
- Asbestos - The asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite, and actinolite.
- Asbestos-containing material (ACM) - Material containing more than one percent asbestos by microscopic visual estimation by area.
- Asbestos-related work - The enclosure, removal, or encapsulation of asbestos-containing material in a quantity that meets or exceeds 260 linear feet of friable asbestos containing material on pipe, 160 square feet of friable asbestos-containing material on other facility components, or, if linear feet or square feet cannot be measured, a total of 35 cubic feet of friable asbestos containing material on or off all facility components in one facility. In the case of single or multifamily residences, “asbestos related work” also means the enclosure, removal, or encapsulation of greater than ten but less than 260 linear feet of friable asbestos-containing material on pipes, greater than six but less than 160 square feet of friable asbestos-containing material on other facility components, or, if linear feet or square feet cannot be measured, greater than one cubic foot but less than 35 cubic feet of friable asbestos containing material on or off all facility components in one facility. This provision excludes asbestos containing floor tiles and sheeting, roofing materials, siding, and all ceilings with asbestos-containing material in single-family residences and buildings with no more than four dwelling units. Asbestos-related work includes asbestos abatement area preparation, enclosure, removal, or encapsulation operations; and air quality monitoring specified in rule to assure that the abatement and adjacent areas are not contaminated with asbestos fibers during the project and after completion.
- “Lead-Safe Housing Rule” U.S. Department of HUD
- Minnesota Department of Health
- Minnesota Pollution Control Agency
- U.S. Environmental Protection Agency
Disclosure: Owners are required to comply with all applicable disclosure requirements. This includes, but not limited to, providing Minnesota Housing and any Contractors, who are bidding or performing work on the property, with copies of all environmental assessment reports; and providing the Environmental Assessor with the scope of proposed work, such that the Environmental Assessor is aware of any materials that are likely to be disturbed during proposed site improvement activities.