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NC-2009 SSc3:Brownfield Redevelopment

Asbestos Abatement Requirement Compliance

We always conduct asbestos surveys (assessments) in accordance with the LRAPA regulations Title 43. LRAPA regulations are similar to CFR chapter 40 part 763 / AHERA regulations, but they don’t have the same requirement for sample quantity. Will a survey / assessment under LARPA be a sufficient substitution for a Phase II ESA (in lieu of documenting compliance with CFR chapter 40 part 76) ?

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Wed, 03/09/2016 - 15:58

We have had good luck with even just submitting a clean letter that documents that abatement occurred and not even submitting an assessment. I can't guarantee that will always work since the credit requirements seem to indicate more is needed, but we've earned the credit every time we have attempted it as long as we have record that abatement actually occurred and the area has been cleared.

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