Are you putting your property at risk? Managing, owning or maintaining commercial real estate (CRE) means facing a hidden threat you can’t afford to overlook: asbestos.

Whether you’re planning renovations, dealing with tenant turnover or responding to a loss in your property, understanding your asbestos liabilities isn’t optional.

This article will address some of the most frequently asked questions about asbestos and highlight key requirements and regulations applicable to CRE environments.

WHAT IS ASBESTOS?

Asbestos is a naturally occurring fibrous silicate mineral that is mined from rock and soil. It is broken down into two groups: serpentine and amphibole. Within the serpentine group is chrysotile, while the remaining five types of asbestos — amosite, crocidolite, tremolite, actinolite and anthophyllite — fall within the amphibole group.

One of the mineral’s first names was “amiantos” in Greek, meaning “undefiled.” Asbestos has been utilized for more than 4,500 years, and it has been referenced in varying ancient works. There is evidence that ancient Greek and Roman eras utilized asbestos products for textiles, lamps and crematory shrouds.

Its thin, durable fibers make it resistant to heat, fire, chemicals and electricity. These properties made it great for sound absorption, insulation, adhesives and building materials during its extensive use from the late 1800s to the 1980s.

WHERE IS IT FOUND?

Due to its numerous uses, asbestos has been utilized in various materials for household and commercial use since its discovery. It is predominantly found in buildings and building materials in pre-1980s builds but can be found in properties of any age.

It can be found in, but is not limited to, the following:

• Textured paint and patching compounds
• Siding shingles and window putties
• Heat-resistant fabrics
• Fireproofing materials and fire doors
• Cement roofs
• Thermal, attic, ductwork, wiring or loose-fill insulation
• Ceiling tiles and acoustic panels
• Vinyl tiles
• Mastic/adhesive
• Cement pipes
• Electrical panels, fuse boxes and gaskets
• Building products can also contain materials that are naturally contaminated from being mined in areas with asbestos.

WHY IS IT DANGEROUS?

Due to its many uses, abundance and low cost, asbestos utilization reached its peak in the mid-20th century. According to a U.S. Geological Survey completed by the U.S. Department of the Interior, by 1942, the U.S. accounted for approximately 60% percent of asbestos consumption. It wasn’t until the 1930s that medical journals began discussing the dangers of asbestos and linking the material to cancer, and only in the 1970s did regulatory measures begin to increase.

An invisible danger, asbestos fibers are microscopic and cannot be seen by the naked eye. Asbestos-containing materials (ACMs) can often look identical to non-asbestos materials.

When ACMs are disturbed, tiny fibers are released into the air, and they can remain suspended in the air for hours or even days after they are released. The inhaled fibers can then become lodged in the lungs and other organs.

These fibers are carcinogenic and can cause life-threatening diseases such as asbestosis, mesothelioma, lung cancer and other cancers. These diseases can develop 10 to 50 years after initial exposure to asbestos, making early detection of exposure extremely difficult without testing.

I THOUGHT IT WAS BANNED?

Out of the six types of asbestos mentioned previously, chrysotile is the only type of asbestos that is currently banned and being transitioned out of use. All other forms of asbestos are still allowed to be manufactured, sold and used today if they meet certain legal requirements.

In 1963, the Clean Air Act was released to regulate asbestos during demolition and renovation activities through the National Emission Standards for Hazardous Air Pollutants (NESHAP). This required notification, proper removal and disposal.

In 1989, the Asbestos Ban and Phase-Out Rule was released under the Toxic Substances Control Act to ban most asbestos-containing products, but it was overturned in 1991.

Through this act, they were, however, able to ban new uses of asbestos products that would be initiated for the first time after 1989, as well as ban the following asbestos-containing products: flooring felt, roll board and corrugated, commercial or specialty paper.

In April of 2019, a rule was made that prevented asbestos products that were already discontinued from returning to the market without agency evaluations.

In 2024, the chrysotile ban was put in place, which was the only known form of asbestos that was being imported at that time. This ban did not apply to any legacy asbestos that was already present in buildings.

Chrysotile is the most common type of asbestos found in building materials, but by 2024, the import of chrysotile asbestos was mainly being used for chlor-alkali use, and facilities utilizing the chrysotile were mainly producing chlorine, sodium hydroxide and hydrogen gas.

HOW DO I KNOW WHEN TO TEST FOR ASBESTOS?

According to federal and Georgia state law, you cannot presume materials to be non-asbestos containing, and you must test for the material prior to any renovation or demolition. If you handle all materials as presumed to be asbestos containing, you do not need to test.

When testing for asbestos, an accredited asbestos inspector will do a visual and physical assessment of the location being renovated or demolished and collect samples of suspected materials for testing.

They will collect the samples and analyze the materials using methods like polarized light microscopy or transmission electron microscopy.

When testing the materials for asbestos, inspectors will look to see if the materials contain more than one percent of asbestos. They will also look at the friability of the materials, which means how easily the materials can be crumbled, pulverized or reduced to powder by hand pressure when dry.

The inspector will provide you with a written report that includes laboratory results that identify what materials, if any, contain asbestos within the facility that might be disturbed.

MY PROPERTY HAS ACMs, NOW WHAT?

When materials are found to be asbestos containing, a licensed asbestos abatement contractor will develop an abatement plan to remove, repair or encapsulate the ACMs. Abatement is required by law when ACMs are damaged, deteriorating or pose a risk of fiber release and prior to renovation or demolition activities that will disturb ACMs.

For undisturbed, non-friable asbestos, an operation and maintenance program is often implemented instead of immediate removal. This involves regular inspection, repair, encapsulation and training for maintenance or engineering staff to prevent disturbance.

Prior to abatement, the Georgia Environmental Protection Division (EPD) requires a 10-day notification for renovation if friable or potentially friable ACM is to be removed. For demolition work, the EPD requires a 10-day notification before work begins, regardless of the presence or absence of ACM. The EPD also requires separate notification for renovation and demolition, regardless of whether they are for the same project.

Before and during abatement work, regulations state that all ACMs must be adequately wet to suppress fiber release during removal.
There are also specific requirements in place for the collection and disposal of any quantity of ACMs. According to the Georgia EPD, friable and non-friable ACMs must be properly stored in leak-tight, labeled containers that indicate their contents. During transport, the ACMs must remain in an enclosed vehicle with a manifest. ACMs can only be discarded in landfills that can lawfully receive ACMs.

During and after the abatement process, air samples will be taken to ensure fiber levels are safe. An independent third-party analyst will often be brought in to do an air sampling after the work is finished to provide a final clearance.

Contractors and property owners carry equal responsibility if asbestos is not removed prior to renovation or demolition by a licensed asbestos abatement contractor.

In addition to the requirements and regulations already mentioned, the Occupational Safety and Health Administration, or OSHA, has specific regulations in place to protect workers from occupational exposure during asbestos abatement.

Requirements include, but are not limited to, the following:

• Set limits on the Permissible Exposure Limits (PELs) of asbestos fibers that workers can be exposed to
• Engineering controls and work practices, like ventilation and wetting methods, are to be put in place if there is a potential for exposure above
• PELs
• Asbestos awareness training and personal protective equipment (PPE) are provided to all workers
• Hazard communication and demarcation with warning signs should be put in areas that have exposures above the PEL
• Exposure monitoring records are kept for at least 30 years

OSHA also requires that all building and facility owners exercise due diligence in complying with these requirements to inform employers and employees about the presence and location of ACM.

Building and facility owners must also maintain records of all information concerning the presence, location and quantity of ACM in the building or facility. These records must be kept for the duration of ownership and transferred to any successive owners.

To further safeguard workers, occupants and the environment, asbestos abatement contractors may also utilize containment systems and negative air pressure before work begins to prevent fiber release.

MAINTAINING COMPLIANCE

Asbestos may be an invisible threat, but the risks it poses to health, safety and compliance are real. Regardless of a property’s age or what materials were used, testing is the only way to confirm the presence of asbestos.

For commercial property owners and managers, you carry equal responsibility to ensure compliance through proper testing, documentation and abatement for asbestos when required in your buildings.
Staying informed and being prepared for asbestos threats can help protect your property and set you and your business up for long-term success.

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