The Division of Materials Management regulates the transportation and disposal of friable asbestos-containing waste and construction and demolition debris in New York State (NYS). There are two types of asbestos-containing waste - friable and non-friable. The Solid Waste Management Facility regulations define friable asbestos-containing waste as any waste containing greater than one percent asbestos that can be crumbled, pulverized, or reduced to powder by hand pressure when dry; and any asbestos-containing waste that is collected in a pollution control device designed to remove asbestos. This definition does not include friable asbestos-containing wastes that are discarded by a household.
Wastes that contain more than one percent asbestos but are not easily reduced to powder are not considered friable asbestos-containing waste but instead may be considered residential waste, construction and demolition debris, or some other waste type depending on the source. Examples of wastes that may contain asbestos include:
• Roofing shingles
• Floor and ceiling tiles
• Plaster and wallboard
• Insulation from buildings, pipes and boilers
After abatement and removal of asbestos-containing materials, homeowners should contact their solid waste hauler for pickup or bring small amounts double-bagged and wetted to a landfill or transfer facility. Landfills and transfer facilities that accept asbestos-containing materials may be found via the links in the Transportation and Disposal section below, but should be contacted for specific handling requirements prior to delivery. Further information on asbestos including abatement and removal can be found by contacting one of the government agencies below. Please also see NYSDOL's Asbestos Abatement Homeowner Exemption Frequently Asked Questions (PDF, 723 KB) (link leaves DEC's website).
Transportation of friable asbestos-containing waste is regulated by 6 NYCRR Part 364 Waste Transporters (link leaves DEC's website) and disposal of asbestos-containing waste is regulated by 6 NYCRR Part 360 Solid Waste Management Facilities (link leaves DEC's website). Any friable asbestos-containing waste generated in NYS must be transported to a solid waste transfer facility or municipal solid waste (MSW) landfill. 6 NYCRR Part 362-3 (link leaves DEC's website) includes requirements for handling of friable asbestos-containing wastes at transfer facilities. 6 NYCRR Part 363 (link leaves DEC's website) includes requirements for proper disposal of friable asbestos-containing wastes at landfills.
Questions concerning asbestos transportation should be directed to the New York State Department of Environmental Conservation, Division of Materials Management, Part 364 Waste Transporter Permit Program at (518) 402-8792.
Questions concerning asbestos disposal should be directed to the New York State Department of Environmental Conservation, Division of Materials Management, Bureau of Solid Waste Management, 625 Broadway, Albany, NY 12233 at (518) 402-8678.
Any non-friable asbestos-containing waste generated in NYS can be managed at a solid waste transfer facility, a permitted construction and demolition debris handling and recovery facility, a MSW landfill or a construction & demolition debris landfill . However, these facilities must not handle or process the waste in ways that would cause it crumble, pulverize, or be reduced to powder.
Questions concerning construction and demolition debris disposal should be directed to the New York State Department of Environmental Conservation, Division of Materials Management, Bureau of Solid Waste Management, 625 Broadway, Albany, NY 12233 at (518) 402-8678.
Other Government Agencies
Asbestos abatement and removal projects are regulated by the New York State Department of Labor under Industrial Code Rule 56 (link leaves DEC's website). Code Rule 56 covers installation, removal, encapsulation, application or enclosure of asbestos material.
Visit the NYSDOL website (link leaves DEC's website) for more information about asbestos, including Asbestos in New York State Facts and Responsibilities (link leaves DEC's website), and for inquiries concerning asbestos abatement projects.
Certification and training of individual employees who work in the asbestos abatement industry, and approval of training providers are all included in the New York State Department of Health regulations. Questions regarding certification and training should be directed to the New York State Department of Health, Center for Environmental Health, Bureau of Occupation Health and Injury Prevention, Albany, New York (518) 402-7900.
Visit the NYSDOH website (link leaves DEC's website) for inquiries concerning health-related issues including public concern about exposure.
All areas of asbestos regulatory issues conducted in New York City are regulated by local regulations (link leaves DEC's website).
Questions concerning asbestos issues in New York City should be directed to the New York City Department of Environmental Protection, Asbestos Technical Review Unit (link leaves DEC's website) at (718) 595-3682.
The USEPA regulates the list of National Emission Standards for Hazardous Air Pollutants (NESHAP). The NESHAP regulations include the emission of asbestos-containing material.
Visit the USEPA Asbestos website (link leaves DEC's website) for inquiries concerning the federal regulations for asbestos-containing materials.