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Displaying 16 - 30 of 95 results
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Under the Asbestos Hazard Emergency Response Act (AHERA), can a building inspector use his/her own lab to analyze the bulk samples or air samples taken?
Yes, but only if the lab is currently accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) operated by the National Institute of Standards and Technology (NIST), formerly known as the National Bureau of Standards. (40 CFR part 763.87(a) and 40 CFR part 763.90 (i)(2)(ii)) Other Frequent Questions about Asbestos…
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Under the Asbestos Hazard Emergency Response Act (AHERA), can a group of local education agencies (LEAs) share a Designated Person?
Yes. There is nothing in the Asbestos Hazard Emergency Response Act (AHERA) or the asbestos in schools rule that prohibits this. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of Buildings that Contain Asbestos Protect Your Family from Exposures to Asbestos…
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Under the Asbestos Hazard Emergency Response Act (AHERA), can a local education agency (LEA) hire one abatement firm both to conduct a response action and to carry out the transmission electron microscopy (TEM) clearance air monitoring on that project?
No. In Unit II.B.2 of Appendix A to 40 CFR part 763, subpart E it states that TEM “[s]ampling operations must be performed by qualified individuals completely independent of the abatement contractor to avoid possible conflict of interest.” Accordingly, the LEA would have to select another person or firm “completely…
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While there is no renewable fuel obligation under the RFS2 program for the production or importation of conventional jet fuel, RINs can be generated for renewable jet fuel. Is that right?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . As described in 80.1407, only gasoline and diesel fuels produced or imported into the U.S. are subject to the renewable fuel standards. Thus, only gasoline and diesel fuel volumes produced or imported by an obligated party factor into…
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Are local education agencies relieved of reinspections once every 3 years for schools which are asbestos-free, either because they were constructed without asbestos-containing building material (ACBM) or because all ACBM has been removed?
Yes, because the reinspection requirements at 40 CFR section 763.85(b) apply only to schools which contain known or assumed ACBM. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of Buildings that Contain Asbestos Protect Your Family from Exposures to Asbestos Asbestos…
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Could miscellaneous asbestos-containing building material (ACBM) on the floors of two identical classrooms on two separate floors be viewed as homogeneous areas?
No. This would not be a homogeneous area, which is defined as “an area of surfacing material, thermal insulation material, or miscellaneous material that is uniform in color and texture.”[40 CFR part 763.83] Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers…
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Are schools within a local education agency with no asbestos-containing building material (ACBM) relieved of the annual notification requirements at 40 CFR part 763.84(c)?
Yes. However, the annual notification regarding the availability of the school's management plan must continue indefinitely to parent, teacher, and employee organizations (or, in the absence of any such organizations, to the relevant group) (see sections 40 CFR part 763.84(f) and 40 CFR part 763.93(g)(4)). Copies of these annual notices…
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Are vocational schools covered under the Asbestos Hazard Emergency Response Act (AHERA)?
Vocational schools that provide elementary or secondary education under state law are covered as schools under AHERA. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of Buildings that Contain Asbestos Protect Your Family from Exposures to Asbestos Asbestos Contaminated Vermiculite Insulation
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If friable asbestos-containing material (ACM) is accidentally left behind after an abatement project had passed air clearance by transmission electron microscopy (TEM) analysis, do I need to re-test the air?
Yes. Both the visual inspection and the abatement were not properly completed under 40 CFR part 763.90(i)(1). The loose debris should be removed and the area thoroughly re-cleaned. Air monitoring should be repeated using TEM analysis for the functional space where the original abatement occurred. (40 CFR part 763.90(f) and…
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The asbestos-containing materials in schools rule pursuant to the Asbestos Hazard Emergency Response Act (AHERA) requires that an accredited management planner review the results of each inspection and assessment. Is this also required for reinspections?
Yes. 40 CFR part 763.88(d) of the asbestos in schools rule states that “[t]he local education agency shall select a person accredited to develop management plans to review the results of each inspection, reinspection, and assessment . . . ” Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and…
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If the architect or project engineer responsible for the construction of a school building built after October 12, 1988 provides a written statement that there is no asbestos-containing material in the school, is an inspection required?
40 CFR part 763.99(a) and (a)(7)of the asbestos-containing materials in schools rule provides that an LEA “shall not be required to perform an inspection under § 763.85(a) in any sampling area . . . or homogeneous area of a school building where: . . . (7) An architect or project…
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What is an asbestos management plan?
An asbestos management plan is required to provide documentation of the recommended asbestos response actions, the location of asbestos within the school, and any action taken to repair or remove the material. The school authority must maintain records to be included in the Asbestos Management Plan. These records include among…
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Is it dangerous to have asbestos containing material in my school?
Not necessarily. Undamaged asbestos that is properly managed in place poses little health risk to students, teachers and other school occupants. However, it is important that the proper school designated authorities regularly inspect the condition of asbestos-containing materials to ensure they remain intact. Asbestos can pose a health hazard when…
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Under the Asbestos Hazard Emergency Response Act (AHERA), what is meant by the phrase "at approximately the same time" in 40 CFR part 763.90(i)(6) as it relates to transmission electron microscopy (TEM) clearance?
The intent of 40 CFR part 763.90(i)(6) is to prevent a local education agency (LEA) from avoiding the TEM air clearance requirement by either artificially dividing up a larger project, or by removing asbestos-containing building material (ACBM) in stages over the course of a relatively short period of time in…
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How many samples of miscellaneous material or nonfriable suspected material must be taken to determine if the material is asbestos-containing material (ACM) under the Asbestos Hazard Emergency Response Act (AHERA)?
For miscellaneous material, 40 CFR part 763.86(c) states that “in a manner sufficient to determine whether material is asbestos-containing material (ACM) or not ACM, an accredited inspector shall collect bulk samples from each homogeneous area of friable miscellaneous material that is not assumed to be ACM.” Although a specific number…
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