In West Virginia, the Division of Air Quality is the agency which enforces the federal Asbestos NESHAP rule
(40 CFR 61 Subpart M). Since asbestos is recognized as a hazardous substance linked to asbestosis,
mesothelioma and lung cancer, EPA promulgated the Asbestos NESHAP rule to control emission of asbestos
fibers to the ambient air. This rule has specific requirements which apply to renovation and demolition
activities at affected "facilities." As applied to the rule, a facility is any institutional, commercial,
public, industrial or residential structure, installation or building.
All Notifications of Abatement, Demolition or Renovation to the Division of Air Quality and the Department
of Health and Human Resources must be submitted through DEP's Electronic Submission System (ESS). Once you
have obtained an account, you may begin submitting notifications. You do not need a separate account to
submit notifications to the Department of Health and Human Resources.
Notices must be received at least 10 working days (Monday through Friday) prior to project startup.
Failure to do so may result in your notification being rejected or placed on hold until the
deficiencies are corrected.