SB 958 Modifies provisions pertaining to asbestos
Sponsor: Green
LR Number: 5042S.01I Fiscal Note: 5042-01N.ORG
Committee: Commerce, Consumer Protection, Energy and the Environment
Last Action: 3/22/2010 - Hearing Conducted S Commerce, Consumer Protection, Energy and the Environment Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2010

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Current Bill Summary


SB 958 - The act modifies provisions pertaining to asbestos.

Several definitions are modified. The minimum project dimensions for "asbestos abatement projects" are increased. The act removes the "by weight" requirement for the percentage of asbestos in the definition of "asbestos containing material." A reference to federal law is modified in the definition of "competent person." The definition of "friable asbestos containing material" is modified. The act removes a reference to the Asbestos Hazard Emergency Response Act of 1986 in the definition of "inspector" and the act adds a definition for "regulated asbestos containing material."

The act expands the citation range of statutes in Chapter 643 that refer to asbestos and makes this change in numerous places. In several places the act modifies an incorrect federal law reference for asbestos requirements under Occupational Safety and Health Administration (OSHA) regulations.

Currently, in order to qualify for a renewal of an asbestos-related certificate, an individual must complete an annual refresher course that is accredited by either the U.S. Environmental Protection Agency (USEPA) or the state of Missouri. The act removes the USEPA option. The act reduces from 24 months to 12 months, the amount of time after expiration of a certificate in which an individual must complete the annual refresher course or else is required to retake the original training course.

Under current law, certain persons who are subject to USEPA and OSHA asbestos regulations are eligible to apply for an exemption from certain state asbestos requirements for asbestos certification and registration. The act removes this exemption.

The act reduces from 20 working days to 10 working days, the number of days in advance of an asbestos abatement project that a person must submit an application to the Department of Natural Resources. The application must include a copy of an asbestos inspection survey for the structure.

The act removes the notification requirements for asbestos abatement projects that are between 10 square feet and 160 square feet or between 16 linear feet and 260 linear feet.

Current law requires analysis of asbestos air samples to be conducted according to OSHA standards. The act allows the analysis to meet USEPA standards as an alternative.

The act removes the current requirement that civil penalties paid for asbestos-related violations be deposited in the Natural Resources Protection Fund.

The act repeals section 701.332, which provides an exemption to certain requirements for state asbestos abatement projects for single-family owner-occupied dwellings and vacant public or privately owned residential buildings of four units or less that are being demolished for public health or welfare reasons. The repealed section also provides an exemption for similar dwelling structures in the City of St. Louis.

ERIKA JAQUES