Montana does not certify contractors as is done in other states. Montana accredits individuals. Those accredited individuals, then working for a company, give the company the ability to conduct asbestos-related activities in the state of Montana.
To become certified in the state of Montana, you must:
- complete an initial EPA- or Montana-approved training course respective to the discipline to be accredited in or complete an EPA- or Montana-approved refresher course if it has been a year since the initial or refresher course was completed.
- complete the Montana Accreditation Application Asbestos Related Occupations either online at https://app.mt.gov/asbestos/ or submit the form and copies of the initial and all refresher course certificates along with the applicable fee as outlined below. Make sure that the Course Date, Current Course Completion Date, Course Certificate Number, and MTA number (if applicable), signature, and date are completed. Non-completion of these cells may result in the application being returned.
- the applicable fee: $170 for Contractor/Supervisor, Inspector, Management Planner, Project Designer training courses approved to be conducted by Montana, $205 for others. The fee is $45 for Worker accreditation training courses approved to be conducted by Montana, $60 for others.
Send paper applications and the respective fee to: Asbestos Control Program, PO Box 200901, Helena, MT 59620-0901. For FedEx or UPS: Asbestos Control Program, 1520 East Sixth Ave, Helena, MT 59601.
Decisions on complete applications are made within five business days.
Yes, Montana does practice reciprocity with states whose training programs are at least as stringent as the state of Montana. The ACP reviews the application, course certificates, the National Directory of AHERA Accredited Courses, and may contact the course provider for further information.
Under most circumstances, the answer is no. However, a house being demolished may become a facility and require an asbestos survey and notification to the state under one or more of the following circumstances:
A residence becomes a facility when:
- a residential unit has more than four living units (larger than a four-plex).
- the residence has been used at any time for non-residential purposes (office, storage, retail, day care, etc.).
- a residential building is going to be burned by a municipality for use as fire training.
- a residential building is part of a larger project, such as a highway project, which requires demolition of other buildings. (Note: an entire road project is considered one project. When the entire road project includes demolition or renovation of more than one building, even if the buildings are miles apart, the residential buildings are considered to be facilities.)
- a residence is part of a larger "plan" on adjacent properties. This would include a hospital, school system, etc., picking up adjacent homes when they become available. Having a "policy" of picking up additional land constitutes a "plan" even if there are no immediate plans for the use of that property.
- a residential unit is part of a residential complex consisting of many residential units of any size. For example, if the residential building is part of a group of duplex units or military single family housing (military bases, their buildings and residential units, are considered installations).
- a single residential building is demolished or renovated as part of a larger project that includes the renovation or demolition of non-residential buildings.
- multiple (more than one) single residential buildings are renovated or demolished on the same site, by the same owner, or as part of the same project.
Stop! If possible, plug the hole, immediately wet the material just enough to minimize dust, keep the material from spreading, remove workers from the area, and immediately contact an asbestos consultant or contractor. They will come and assess the situation and respond accordingly.
It is the Law, it is smart, and there are significant fines if you don’t inspect. The National Emission Standards for Asbestos under 40 CFR 61, Subpart M, and the Administrative Rules of Montana under the authority of Montana Code Annotated Title 75, Chapter 2, the Asbestos Control Act, require that an asbestos survey be conducted prior to any demolition or renovation activity. Asbestos-containing material (ACM) must be removed before any demolition or renovation activities begin that may impact ACM rendering it friable and, thus, a health hazard to individuals.
No. Only certain materials were banned. See the EPA's Asbestos Materials Ban information. Asbestos is still being used in some construction materials.
No. Asbestos surveys for facilities in Montana must be conducted by a Montana-accredited inspector. That inspector, however, during the course of an asbestos inspection may assume a material is asbestos containing but must indicate this in the survey report.
Yes, in the course of an inspection. This information must be reported in the asbestos survey report required under ARM 17.74.354. This section also includes required criteria for inspections and for inspection reports. Inspection reports must be posted on site during asbestos-related activities and throughout any subsequent demolition and renovation.
Violations of Montana Code Annotated laws and Administrative Rules of Montana are punishable by a fine of up to $25,000 per day for civil penalties and $10,000 per day not to exceed $80,000 for administrative violations.
Pursuant to ARM 17.74.357, asbestos projects must be cleared. However, requests can be made to ACP for circumstances which may preclude clearances.
Asbestos-related activities conducted on tribal lands are not regulated by the state of Montana. There are two things to keep in mind:
- The activity must be reported to EPA Region 8.
- Any transportation and disposal of regulated material from tribal land to a landfill is regulated by the state and requires a transportation and disposal permit before the material is transported and disposed of in a Class II landfill.
Yes. Activities involving vermiculite insulation are regulated. EPA recommends that all vermiculite insulation be considered friable asbestos-containing material. Because there is no reliable analytical or sampling protocol for the testing for the presence of asbestos in vermiculite insulation, EPA does not recommend having it analyzed. Present analytical methods too often produce false negatives. (See EPA's Vermiculite.)