Florida Asbestos Regulation Updates: FL DEP Revises 10-Day Notice Form & Key Definitions
The Florida Department of Environmental Protection (FL DEP) has introduced important updates to asbestos regulations effective March 2025. These include a revised 10-day notice form that requires Florida Licensed Asbestos Consultant license number as well as updated definitions related to asbestos-containing materials, facilities, installations, residential exemptions, and surveys. Here’s a summary of important changes to take note of:
Asbestos-Containing Materials: Means Regulated Asbestos-Containing Material, Category I Nonfriable Asbestos-Containing Material, or Category II Nonfriable Asbestos Containing Material.
Facility: The term “facility” is clarified to include any institutional, commercial, public, industrial, or residential structures, installation or building (including any structure, installation or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units). Any structure, installation or building that was previously subject to 40 CFR 61, Subpart M is not excluded regardless of its current use or function.
Installations: Means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control).
Residential Exemption: means an asbestos removal, renovation, or demolition project exempt from the survey and notification requirements of this chapter. This exemption applies to a residential building having no more than four dwelling units. This exemption does not apply to:
- (a) any institutional, commercial, public, or industrial structure;
- (b) any installation;
- (c) any structure or building (including a residential building) demolished as part of a larger project;
- (d) any structure or building used partly for residential purposes and partly for commercial, public, or industrial use;
- (e) any structure or building containing condominiums or individual dwelling units operated as a residential cooperative (since this meets the definition of “facility”)
Resilient floor covering: Means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering.
Survey: Means the process of inspecting a facility or installation for the presence of asbestos-containing materials to determine the amount, location, and condition of asbestos-containing materials prior to transfer of property, renovation, demolition, or maintenance projects which may disturb asbestos-containing materials.
Survey not Required: The owner or operator of a renovation or demolition is not required to conduct a survey if:
- (a) The total project size is less than:
- 1. Two hundred sixty (260) linear feet (eighty (80) linear meters) on pipes;
- 2. One hundred sixty (160) square feet (Fifteen (15) square meters) of other facility components; or
- 3. Thirty-five (35) cubic feet (One (1) cubic meter) of facility components where the length or area could not be measured previously.
These updates, coupled with the new 10-day notice application form, are part of the broader efforts by the Florida Department of Environmental Protection to enhance asbestos management and safety in the state. It is important for professionals in the asbestos abatement industry to familiarize themselves with these changes to ensure compliance.