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The Southwest Ohio Air Quality Agency (Agency) is responsible for enforcing state and federal asbestos regulations in Butler, Clermont, Clinton, Hamilton, and Warren counties. Regulations governing asbestos emission control from demolition, renovation, and waste disposal activities include the Code of Federal Regulations (CFR) 40 CFR 61.145, the Ohio Administrative Code (OAC) 3745-20, and OAC 3745-22.
An operation is a demolition if the overall project involves the wrecking or removing of any load-bearing structural member of a facility whether or not regulated asbestos containing materials (RACM) is present. Related operations such as removal of demolition rubble or intentional burning are also subject to demolition requirements.
An operation is a renovation/abatement if the project does not include demolition activities, but does involve altering a facility in any way, including stripping, removing or disturbing RACM on facility components.
Per OAC 3745-20, the owner or operator of a demolition project must notify for all demolitions involving institutional, commercial, public, industrial, or certain residential structures, installations, or buildings. This includes bridges, tunnels, apartments with more than four dwelling units, homes which are part of a development project (not privately owned), partial demolitions, churches, power plants, parking garages, and farms.
Additionally, per OAC 3745-20, the owner or operator of a renovation project must notify when the amount of RACM stripped, removed, dislodged, cut, drilled, or otherwise disturbed exceeds 260 linear feet, 160 square feet, or 35 cubic feet off facility components. These amounts are a cumulative total of all work that is performed over the course of a calendar year.
Per OAC 3745-22, the owner or operator of a renovation project must notify when a licensed contractor is doing the project and the amount of RACM being abated exceeds 50 square feet or 50 linear feet.
Residential Exemption per OAC 3745-20: Projects involving a privately owned home, residential structures with four or fewer dwelling units, and mobile sources are exempt from having to submit a notification form, unless one or both of the following two conditions exist:
However, there is no residential exemption for projects under 3745-22 when the work is being performed by a licensed contractor. In some instances, a project will be required to submit a notification per both OAC Chapters 3745-20 and 3745-22. The new combined Ohio EPA Demolition and Renovation/Abatement notification form covers both rules.
As part of the merger of the two asbestos programs, a new online system was developed for the submittal of notifications. This system can be accessed through Ohio EPA eBusiness Center. All owners and contractors are encouraged to use this online system to submit their notifications of demolition and renovation/abatement.
If you prefer to submit a hard copy notification, the current Ohio EPA notification form may be obtained at Ohio EPA Asbestos.
Owners and contractors are strongly encouraged to submit their demolition and renovation/abatement notifications via the Ohio EPA eBusiness Center. State fees associated with online notifications are payable by electronic check or credit card. There is a small processing fee if payment is made with a credit card.
Hard copies, with full fee payment by a check or money order payable to Treasurer, State of Ohio, must be mailed to:
Treasurer, State of Ohio
Asbestos Program, Ohio EPA DAPC,P.O. Box 1049Columbus, OH 43216-1049 or
Alternatively, copies may be hand delivered to:
Asbestos Program, Ohio EPA, DAPC,50 W Town Street,Suite 700,Columbus, OH 43215.
Hard copy notifications received without payment are considered incomplete.
In addition to the state asbestos fees paid when a notification is submitted, there is a regional user fee associated with each notification of demolition and renovation/abatement submitted to the State (whether the submittal is done online or via hard copy). For each original notification, Southwest Ohio Air Quality Agency charges $100 fee. Starting October 1, 2018, the Agency has also charged $50 for each revised notification, up to three revisions. These regional user fees generate the funding required to review notifications and perform inspections of properties being demolished, renovated or abated in Butler, Clermont, Hamilton and Warren counties.
The Agency issues invoices on a semi-annual basis. These invoices are emailed around January 10 and July 10. For each billing cycle, you will be billed for each notification where the projects have been completed by the end of the previous quarter and marked as settled by Ohio EPA. Payment should be submitted to our Agency by the due date indicated on the letter which accompanies the invoice. We encourage you to use our online payment system. Checks and money orders should be made payable to the Treasurer of Hamilton County.
Please contact Dawn Mays (513-946-7758 or firstname.lastname@example.org) if you have any questions concerning these regional user fees.
Either the owner or contractor may submit the notification. The submitter should be the person who signs the notification. Please refer to Ohio EPA Asbestos for information regarding obtaining the necessary electronic signature to be able to use the online demolition and renovation/abatement notification form.