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Commercial Asbestos [National Emission Standard For Asbestos]
Exploring Commercial Asbestos: Legal Definition and National Emission Standards
Definition & Meaning
Commercial asbestos refers to any asbestos-containing material that is mined from ore and holds economic value due to its asbestos content. This definition is established under the National Emission Standards for Hazardous Air Pollutants, specifically within the regulations set forth by the Environmental Protection Agency.
Table of content
Legal Use & context
The term "commercial asbestos" is significant in environmental law and public health regulations. It is primarily used in the context of the National Emission Standards for Asbestos, which governs the handling, disposal, and emissions of asbestos materials to protect air quality. Legal practitioners may encounter this term in cases involving environmental compliance, workplace safety regulations, and property management issues related to asbestos removal and abatement.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A construction company discovers that insulation material used in a building contains commercial asbestos. They must follow specific regulations for its safe removal and disposal.
Example 2: A mining operation extracts asbestos from ore and sells it to manufacturers for use in construction materials. They are subject to strict environmental regulations to limit emissions during processing. (hypothetical example)
Relevant laws & statutes
The primary regulation governing commercial asbestos is the National Emission Standards for Hazardous Air Pollutants (NESHAP) under 40 CFR Part 61. This regulation outlines the standards for asbestos emissions and the responsibilities of entities handling asbestos materials.
State-by-state differences
State
Regulation Overview
California
Strict regulations on asbestos abatement and removal processes.
Texas
Less stringent regulations, but still adheres to federal standards.
New York
Comprehensive laws governing asbestos handling and abatement.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Asbestos
A naturally occurring mineral used in various products, including insulation.
Friable Asbestos
Asbestos that can be crumbled or reduced to powder, posing a higher risk of airborne fibers.
Non-friable Asbestos
Asbestos that is bound in a solid matrix and is less likely to release fibers.
Common misunderstandings
What to do if this term applies to you
If you suspect that a material contains commercial asbestos, it is crucial to consult with a certified asbestos professional for testing and potential removal. You can also explore US Legal Forms for templates related to asbestos management and compliance. If the situation is complex, seeking legal advice may be necessary to navigate environmental regulations effectively.
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