1. Instructions: BWP AQ 04 (ANF-001) doc format of    Asbestos Removal Notification Instructions  pdf format of Asbestos Removal Notification Instructions

  2. eDEP Online Filing - or - Form: BWP AQ 04 (ANF-001) doc format of    Asbestos Removal Notification Form  pdf format of Asbestos Removal Notification Form

  3. Payment options: eDEP Online Filing - or - purchase decals


Permit Fact Sheet 

  1. What are the Commonwealth's notification requirements for asbestos removal? 

    Prior notification of asbestos abatement work is required by the regulations of two Commonwealth Agencies, the Department of Environmental Protection (MassDEP) and the Department of Labor Standards (DLS). Under 310 CMR 7.15, MassDEP requires notification 10 working days (working days do not include Saturday, Sunday or holidays) prior to commencement of work involving the removal of any amount of asbestos.  Under 453 CMR 6.12, DLS requires 10 calendar days prior notification for all work involving the abatement (removal, encapsulation or enclosure) of amounts of asbestos greater than three square feet or three linear feet.  The purpose of the notification requirements and work practice standards contained in the regulations is to protect public health, worker safety, and the environment by preventing the release of asbestos emissions to the ambient and indoor air.

  2. Who must notify?

    Any owner/operator, asbestos abatement contractor, or other entity performing asbestos abatement in the Commonwealth must notify of the intent to perform asbestos abatement.  For DLS notification purposes, the asbestos abatement contractor is required to notify.
  3. Is there a specific notification form?

    Yes.  Notification must be made using MassDEP's "Asbestos Notification Form ANF-001" (also known as BWP AQ-04).  Submission of the form satisfies the notification requirements of both MassDEP and DLS regulations. 

    The Asbestos Notification Form and Instructions are available on MassDEP’s website at www.mass.gov/dep.

  4. How do I submit the Asbestos Notification Form?

    To submit an Asbestos Notification Form ANF-001, do one of the following:

    a.  File the ANF-001 online via MassDEP’s website.  If you have not already done so, register online with eDEP at eDEP Online Filing

      Select “New User” and complete the required steps.  It should take no more than five minutes to complete the registration process, and you can begin online filing of your notifications right away.

    b.  For paper filers, when the ANF-001 is completely filled out, and the appropriate decal is affixed to the form (see Question #6 below), use regular, certified or U.S. Postal Service Express mail to send the form to:

    Commonwealth of Massachusetts
    Asbestos Program
    P.O. Box 120087                        

    Forms are picked up from the P.O. box every working day. Private delivery services cannot deliver to the P.O. box.

    c.  Use a private delivery or overnight service and send the ANF-001 to the following address:  Asbestos Notification, 8th Floor, MassDEP, One Winter Street, Boston, MA 02108.

  5. What is the notification fee for asbestos removal?

    The notification fee required by MassDEP regulations (310 CMR 4.00, Timely Action and Fee Provisions) for asbestos removal is $100.00 per notification.  However, owner-occupied residential properties with four or fewer units, cities, towns, counties, districts of the Commonwealth, municipal housing authorities or other state agencies are not subject to asbestos notification fees. 

  6. How and when do I pay the notification fee?

    When filing online via eDEP, you will pay the fee online using a credit card.  For paper filers, in order to pay the fee, a notification fee decal must be purchased from MassDEP and affixed to the Asbestos Notification Form ANF-001 prior to submitting the notification form.  For jobs that are exempt from the notification fee an EXEMPT decal must be obtained from MassDEP and affixed to the notification form.

    Fee decals may only be purchased in person at the reception area on the second floor of MassDEP’s One Winter Street Boston Office.  For fee-exempt asbestos removal jobs, EXEMPT notification decals may be picked up (free of charge) at the reception area of MassDEP's One Winter Street Boston Office or at any regional MassDEP office. 

    For decals requiring a payment, payment must be in the form of a check or money order made payable to “Commonwealth of Massachusetts.”  Cash and credit cards cannot be accepted.

    Each notification decal contains a unique number that is used to track the notification. Forms without decals will not be accepted.

  7. Is the asbestos notification fee refundable?

     No.  In the event that an asbestos notification is withdrawn, the notification fee will not be refunded.  For paper filers, decal fees may be refunded if the original purchaser returns the unused and intact decals.  Contact MassDEP’s Revenue Office at the MassDEP Boston Office to find out how to obtain a refund.  Lost decals are not eligible for a refund.

  8. What are the Department of Environmental Protection (MassDEP) and Department of Labor Standards (DLS) timelines for notification review?After the Asbestos Notification Form ANF-001 is received by MassDEP and DLS the form will be reviewed by both agencies.  The notifier will be contacted only in case of deficiencies in the submitted notification form.  Where either MassDEP or DLS informs the notifier of deficiencies in the notification form, the notifier may not proceed with the asbestos work for which notification was made and will have 30 calendar days from the date of being informed of the deficiencies in which to respond.  Where the notifier responds to the deficiencies in the original notification form within the 30-day period, a second administrative/technical completeness review may be conducted by either agency within the respective 10 working day notification period. 

    The result of the second review will be: a determination of administrative/technical completeness OR a stop order to not proceed with the job.

    The notifier will be contacted only in the case in which an order is issued to not proceed with the job.  Should the notifier wish to pursue asbestos removal on the same site after a stop order has been issued, a new Asbestos Notification Form ANF-001and new notification fee for the job must be submitted to MassDEP.
  9. When can I start work?

    Work cannot begin until the 10 working days waiting period specified by MassDEP regulations have elapsed.  Because the 10 working days waiting period specified by MassDEP regulations is longer than the 10 calendar days waiting period specified by DLS regulations, satisfying the MassDEP waiting period requirements also satisfies the DLS waiting period requirements. The MassDEP waiting period counts only working days.  Working days do not include Saturdays, Sundays or holidays.

    When completing the ANF-001 it is important to specify a start date for your asbestos removal project that allows sufficient time for the 10 working days waiting period to pass prior to the start date.  Not allowing sufficient time is a violation of the asbestos regulations and may result in enforcement action, including a civil administrative penalty.

     If you cannot wait 10 working days before starting an asbestos project, you must obtain an emergency waiver from MassDEP and DLS before starting work (see Question #12).

    Please note that you must start work on the “start date” you indicate on the ANF-001.  If you are not going to start on that date, you must revise your notification prior to the original start date indicated. 

  10. Can I revise my Asbestos Notification Form?

    Yes.  If you plan to change the original start date or completion date indicated in the ANF-001 you have filed, you MUST file a notification revision.  You must ensure that your notification revision is received by MassDEP at least one working day prior to the original start date or completion date being changed.  Failure to revise your notification if your start date or completion date changes is a violation of MassDEP’s asbestos regulations and may result in enforcement actions, including a civil administrative penalty.  Notification revisions may be made using one of the following procedures:

          a.  File the notification revision online via eDEP (you can do this even if the original notification was a paper copy).

          b.  For paper filers, on a copy of the original notification form, write "REVISION" under the notification fee decal, and on the form indicate the revisions being made to the original notification.  Submit the revised form by doing all of the following:

      1. Fax the revised form to the appropriate MassDEP Regional Office (Find Your Region). Do NOT fax the revision to the Boston Asbestos Program; and
      2. Mail a hard copy of the revised form to Commonwealth of Massachusetts, Asbestos Program, P.O. Box 120087, Boston, MA  02112-0087.

          Note:  Some project changes cannot be made using this revision procedure and require the submission of a new notification. See Question #11.

  11. What project changes require a new asbestos notification and new notification fee? 

    A new Asbestos Notification Form and payment of a new notification fee is required when any amount of asbestos-containing material above the estimate on the original notification form is planned, and when there is a change in location from that indicated on the original notification form.  New notification is also required when an asbestos removal project is postponed more than 30 days from the start date or end date appearing on the original notification form.  Finally, a separate notification is required when asbestos removals are scheduled for a single facility but are separated by more than 1 week (e.g., phased implementation with more than 1 week in between phases).
  12. What if I need an emergency waiver from the 10 working days notification requirement? 

    Both MassDEP and DLS may provide authorization for an emergency waiver of the 10 working days notification requirement.  To obtain an emergency waiver, contact the appropriate MassDEP Regional Office and contact DLS in accordance with the schedule below to determine if an emergency waiver is warranted.  Where deemed appropriate, an emergency waiver number will be issued by each agency.  If both MassDEP and DLS grant an emergency waiver, the contractor or other entity may proceed with the work.  The contractor or other entity must submit an Asbestos Notification Form ANF-001and fee to MassDEP (as described in Question #’s 4 and 6) within one working day of beginning the asbestos removal job for which the emergency waiver was granted, and must supply the waiver numbers given by each agency in Section A, Part 14 of the Asbestos Notification Form ANF-001.  Failure to file the notification with fee payment in a timely manner may result in enforcement actions.  The schedule for contacting DLS to request an emergency waiver is:        
     

    MondayBoston617-626-6975
    TuesdaySpringfield413-747-7192
    WednesdayHaverhill978-372-9797
    ThursdayNew Bedford508-984-7718
    FridayWest Newton617-969-7177
  13. How long does an asbestos notification remain in effect?

    An asbestos notification remains in effect only until the job completion date specified in the Asbestos Notification Form ANF-001 or as properly revised as described in Question #10.

  14. Do I have to notify other governmental agencies?

    You may be required to notify the city or town. Contact local officials (Board of Health and/or Building Department) to ask what notification they require for asbestos removal.  Submitting a complete ANF-001 satisfies notification requirements for State and Federal agencies. MassDEP has been delegated by the U.S. Environmental Protection Agency (EPA) to receive notifications required under Federal regulations (NESHAP, 40 CFR Subpart M).  Submission of the ANF-001 to MassDEP satisfies EPA asbestos removal notification requirements.
  15. What can I do to avoid the most common mistakes in submitting an asbestos notification?

          a.   Fill in all information required on the Asbestos Notification Form ANF-001.  The notification must be completed and signed by an authorized person.  Filing the ANF-001 online via eDEP helps avoid common mistakes.

          b.   For paper filers, make sure you attach the appropriate notification fee decal in the upper right hand corner of the Asbestos Notification Form ANF-001.

          c.   Make sure you print out a copy of the Asbestos Notification Form ANF-001 you file online.  For paper filers, make sure you make a copy of the ANF-001 with the notification fee decal affixed to retain for your records or in the event that a revision must be submitted to MassDEP and DLS.

          d.   If you have any questions completing the form, call either MassDEP or DLS.

  16. Where can I get copies of the regulations that apply to the Commonwealth's asbestos program?

          These regulations include, but are not limited to:

          a.   Department of Environmental Protection:

      • Asbestos Regulations, 310 CMR 7.00, including 7.09 and 7.15.
      • Asbestos Disposal Regulations, 310 CMR 19.061
      • Massachusetts Contingency Plan waste site cleanup regulations, 310 CMR 40.0000.
      • Timely Action and Fee Provisions, 310 CMR 4.00.
      • Administrative Penalties Regulations, 310 CMR 5.00.

          b.   Department of Labor Standards:

      • Asbestos Regulations, 453 CMR 6.00.

          Official copies of MassDEP’s and DLS’s regulations may be purchased online, in person, or by Mail at the Massachusetts State Bookstore