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Compliance Advisory Bulletin


Title 16, Chapter 78, Asbestos

Office of
 Management & Budget Division of Facilities Management:
Regulations Governing the State of Delaware Contractor/Supervisor/Worker Asbestos Training and Certification Program

Department of Natural Resources & Environmental Control:
Regulation 21 Section 10 Asbestos

Category I Non-friable Asbestos Removal by General Contractors

Effective until further notice the Delaware Department of Natural Resources and Environmental Control (DNREC), Division of Air Quality (DAQ) has suspended the issuance of project specific, Category I Non-friable Asbestos removal waivers to Professional Service Firms for the handling of asbestos by non-licensed general contractors.

In the past the DAQ has used enforcement discretion regarding the Office of Management and Budget Division of Facilities Management licensing requirements for handling non-friable Category I asbestos containing materials by general contractors.  DAQ had issued waivers, where 1) a Professional Service Firm (PSF) certified that the substance(s) to be disturbed consisted only of Category 1 non-friable asbestos containing materials as defined by the Federal Asbestos NESHAP, 40 CFR Subpart M § 61.141, and 2) the materials were likely to remain in a non-friable state during the specified project.  The issuance of these waivers has been suspended, pending an internal review of the issuance criteria and procedures.

Until further notice any Contractor disturbing asbestos or asbestos containing materials must be certified in accordance with the Office of Management and Budget, Regulations Governing the State of Delaware Contractor / Supervisor / Worker Asbestos Training and Certification Program and Training / Certification for Asbestos Professional Services. DNREC advises that Professional Services Firms inform owners and operators of renovation and demolition projects of this requirement.

If you have any questions regarding Delaware’s' asbestos related requirements please refer to the DNREC Asbestos website.

For more information contact:

Colin Gomes
(302) 323-4542

Revised:  5/16/16

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