Notification Requirements
Written notification of any asbestos project greater than 10 linear or 10 square feet shall be made to VDOLI by the licensed asbestos abatement contractor at least 20 calendar days prior to the commencement of each asbestos project per Virginia Labor Law 40.1-51.20. Notifications are also required for all demolition projects, regardless of whether asbestos-containing material is present in the structure or not.
Under Virginia regulations, 16VAC25-20-30, notification shall be made to VDOLI by the licensed asbestos abatement contractor on the "Asbestos Demolition/Removal Notification Form Permit Application." Notifications should be sent by facsimile for projects that do not require a fee or projects paid by credit card, or they may be sent certified mail to the address provided and shall be postmarked, or hand-delivered, 20 days before the beginning of any asbestos project. The permit fee shall be submitted with the notification.
VDOLI shall issue a permit to the contractor within 7 working days of the receipt of a completed notification form and permit fee. The permit, or a copy of the permit, shall be kept on-site during work on the project.
Amended notifications shall comply with 16VAC25-20-30, Section H. VDOLI must be notified prior to any cancellation and must comply with 16VAC25-20-30, Section I.
The process of sending required notifications to both DOLI and EPA Region 3 has changed (as of December 22, 2021). Complete and timely notifications must be sent to the state or local authority where the work is occurring, but they do not need to be sent to the EPA as previously required. Notification to the state/local authority (i.e. VDOLI) is all that is necessary.
A notification to VDOLI is not required for non-friable asbestos-containing roofing, flooring, and siding materials which when installed, encapsulated, or removed, do not become friable. If the material is in good shape and removed using OSHA's compliant work practices, then the notification is not generally required.
Note: If the material is not in good shape, the matrix has deteriorated, or mechanical means are used to remove the material, resulting in more than incidental breakage, then notification is required. Activities such as grinding, mechanical chipping, sawing, or drilling can make the asbestos-containing material friable and would require notification.
Notification is not required for demolition of residential structures which do not meet the NESHAPS definition of a facility.
Notification of fewer than 20 days may be allowed in case of an emergency involving the protection of life, health, or property. Notification and permit fee shall be submitted within 5 working days after the start of the emergency abatement. A description of the emergency situation shall be included when filing an emergency notification. Examples of emergencies include, but is not limited to:
- Leaking or ruptured pipes;
- Accidentally damaged or fallen asbestos that could expose non-asbestos workers or the public; or
- Unplanned mechanical outages or repairs essential to a work process that requires asbestos removal and could only be removed safely during the mechanical outage.