Asbestos and Small Business Ombudsman Frequently Asked Questions (FAQs)
EPA’s Asbestos and Small Business Ombudsman program provides assistance through its toll-free hotline phone and email support. The following are frequently asked questions that we receive, along with our guidance and reference for more information. If you do not see your question addressed here, or need further support, contact the ASBO hotline at 1-800-368-5888, email: asbo@epa.gov or contact EPA’s Asbestos and Small Business Ombuds, Paula Hoag, directly at hoag.paula@epa.gov.
General Ombudsman Questions
What is an Ombudsman and how can EPA’s Asbestos and Small Business Ombudsman (ASBO) assist me?
Answer: An ombudsman (also known as an “ombuds”) is a representative or an advocate for a fair process in dispute resolution. An ombuds may assist through exploring various alternatives and problem-solving options, including investigating, reporting, and helping settle complaints or concerns. According to the Administrative Conference of the United States (ACUS), most federal ombuds share three core standards of practice—independence, confidentiality, and impartiality—along with common characteristics, which are:
- They have a commitment to fairness.
- They provide an informal process for receiving, reviewing, and assisting in the resolution of complaints or issues.
- Through their assistance, they do not make decisions binding on the agency or provide formal rights-based processes for redress.
The ASBO program’s mission is to support the protection of human health and the environment by advocating for environmental compliance assistance, as it relates to asbestos and small business, through improving EPA’s response to inquiries, complaints, and improving access to information on how to comply with environmental regulations.
The ASBO serves two distinct roles, serving as both EPA’s Asbestos Ombudsman and EPA’s Small Business Ombudsman. Combined, they form a comprehensive program that serves as an informational liaison and advocate for a fair process to help resolve requests for assistance.
For more information, review ASBO’s Program Guide.
Can the Ombudsman advocate for me during my enforcement investigation or while in litigation with EPA? What are the limitations of what an Ombudsman can do for me?
Answer: As an informal resource, EPA’s ASBO does not:
- Address matters in litigation or matters associated with formal enforcement investigations
- Resolve or advocate for a specific small business or inquiry
- Delay any statutory, regulatory, or other EPA deadlines
- Make decisions or legal determinations for EPA including (but not limited to) funding or civil rights decisions
- Serve as a formal office of legal notice for EPA
- Provide its own interpretations or legal clarifications of law or policy
- Ensure or require that programs meet their statutory requirements
Contact EPA’s Asbestos and Small Business Ombudsman directly at hoag.paula@epa.gov for more information on specific services and limitations. Working with the ombudsman program is voluntary, confidential, and free of charge.
Asbestos Ombudsman Questions
Since asbestos was banned, do I need to be worried about products on the market today containing asbestos?
Answer: On July 12, 1989, EPA issued a final rule under Section 6 of the Toxic Substances Control Act (TSCA) banning most asbestos-containing products in the United States. In 1991, the rule was vacated and remanded to the Fifth Circuit Court of Appeals. As a result, the Fifth Circuit Court of Appeals overturned most of the original ban in the 1989 final rule on the manufacture, importation, processing, or distribution in commerce for most of the asbestos containing product categories. Only the bans on corrugated paper, roll board, commercial paper, specialty paper, and flooring felt, and any new uses of asbestos remained banned under the 1989 rule. In April 2019 EPA issued a final rule to ensure that asbestos products that are no longer on the market cannot return to commerce without the Agency evaluating them and putting in place any necessary restrictions or prohibiting use.
In April 2022 EPA’s Proposed Ban of Ongoing Uses of Asbestos will, if finalized, protect American workers and families by prohibiting ongoing uses of the only known form of asbestos currently imported into the U.S., to address the unreasonable risk found to human health based on the December 2020 chrysotile asbestos risk evaluation. The proposed rule would prohibit manufacture (including import), processing, distribution in commerce, and commercial use of chrysotile asbestos for all ongoing uses of chrysotile asbestos. EPA is proposing this risk management rule under section 6(a) of the Toxic Substances Control Act (TSCA). This proposed rule is the first-ever risk management rule issued under the new process for evaluating and addressing the safety of existing chemicals under re-authorized TSCA.
For more information, see EPA’s Asbestos Laws and Regulations.
My child’s school is under construction, and I’m worried about asbestos exposure, where can I go for information?
Answer: Public and non-profit private schools have distinct regulatory requirements to protect school children and school employees from asbestos exposure. Learn about these requirements as well as resource materials for schools and parents here.
How do I know if I have asbestos in my home (in floor tile, ceiling tile, shingles, siding, etc.)?
Answer: The only way to be sure whether a material contains asbestos is to have it tested by a qualified laboratory. EPA only recommends testing suspect materials if they are damaged (fraying, crumbling) or if you are planning a renovation that would disturb the suspect material. Samples should be taken by a properly trained and accredited asbestos professional (inspector).
For more information to commonly asked asbestos questions go to EPA’s Asbestos Frequently Asked Questions.
How do I get certified as an asbestos professional?
Answer: To become a properly trained and accredited asbestos professional you will need to seek training from a training provider approved by the EPA or a state to conduct asbestos training pursuant to the Asbestos Model Accreditation Plan. Most states also require a license to perform this work. A training course completion certificate is a general prerequisite to applying for such a license. The training courses vary in length from two to five days depending upon the type of work you wish to perform. Accredited asbestos training courses are offered in five separate disciplines:
- Asbestos Abatement Worker
- Asbestos Abatement Supervisor
- Inspector
- Management Planner
- Project Designer
Some states may refer to these training disciplines by different, yet similar names.
Contact your state EPA Asbestos contact for more information or go to commonly asked asbestos professionals and training questions search EPA’s Frequent Questions.
My attic has vermiculite insulation in it. Am I at risk? Should I take it out?
Answer: If you have vermiculite insulation in your home, you should assume the material may be contaminated with asbestos and be aware of steps you can take to protect yourself and your family from exposure to asbestos. EPA recommends that vermiculite insulation be left undisturbed. Airborne asbestos fibers present a health risk through inhalation, so the first step is to not disturb the material, which could release fibers into the air. The degree of health risk depends on how much and how often this occurred. If you choose to remove the vermiculite insulation, this work should be done by a trained and accredited asbestos abatement contractor that is separate and independent from the company that performed the assessment of the vermiculite insulation to avoid any conflict of interest.
For more information to commonly asked asbestos questions go to EPA’s Frequently Asked Asbestos Questions.
Small Business Regulatory Compliance Questions
I’m a construction contractor. What do I need to do before I can work on older buildings that may have lead paint?
Answer: As a contractor you must follow EPA’s Lead Renovation, Repair and Painting Rule (RRP). Home improvement contractors and building maintenance professionals who renovate, or repair housing, child-occupied facilities, or schools built before 1978 must comply with RRP. The RRP Rule helps protect you and building occupants from the dangers of lead paint. You must assume that all paint in pre-1978 buildings is lead-based and follow the RRP Rule unless you test the paint and find it does not contain lead.
See all the RRP compliance information you need, including links to trainings, recordkeeping tools, compliance guides and more at www.cicacenter.org/leadrrp.php or in Spanish at www.cicacenter.org/sp/sp_leadrrp.php.
Visit EPA’s Compliance Assistance Centers for a complete listing of centers, covering a variety of environmental topics.
I have a question about another chemical (not asbestos); who at EPA can help me?
Answer: Call EPA’s Toxic Substances Control Act (TSCA) Hotline at 202-554-1404 or by email at tsca-hotline@epa.gov for assistance on chemicals that EPA regulates. For a complete listing of EPA’s Hotline Assistance Centers, which includes topics such as drinking water, lead, oil and gas, radon and others go to EPA Hotlines.
I need to import a pesticide—what should I do? I am a small business and need help understanding what environmental regulations I must comply with, where can I get technical assistance in my state?
Answer: See EPA’s webpage about importing or exporting a pesticide or pesticide device at Importing and Exporting Pesticides and Devices.
Before you start an importation process, you should be sure the product can be legally sold in the United States. See details on all the pesticides requirements and links to more information on EPA’s webpages, as well as Customs and Border Protection requirements at: www.bordercenter.org/pesticides.php.
What Sustainability Resources Does EPA Offer Small Businesses?
Answer: EPA provides a variety of sustainability resources for both consumers, manufactures and businesses that want to do work for the federal government. The resources are accessible at Sustainable Marketplace. EPA’s Office of Small and Disadvantaged Business Utilization (OSDBU) also developed a sustainability guide specifically for small businesses who want to go green.
For more small business sustainability information based on your industry or available specifically in your state go to: https://nationalsbeap.org/small-businesses/sustainability
Where can I get more information about EPA’s Section 608 Technician (Stationary Refrigeration) Certifications?
Answer: EPA regulations (40 CFR Part 82, Subpart F) under Section 608 of the Clean Air Act require that technicians who maintain, service, repair, or dispose of equipment that could release ozone depleting refrigerants into the atmosphere must be certified. Learn more about the types of certifications, test topics, certification programs, and other resources by clicking here.