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Displaying 76 - 90 of 97 results
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My school district will be performing asbestos abatement in a kindergarten classroom that was built before 1978. Do the asbestos abatement workers also need to comply with the RRP rule?
Yes, if the asbestos abatement disrupts over six square feet of painted surface per room in an interior, or over 20 square feet of painted surface on an exterior, or involves window replacement or demolition of painted surfaces. If so, the asbestos abatement will need to be performed by a…
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If the architect or project engineer responsible for the construction of the building provides a statement indicating there is no asbestos-containing material in the school, does the local education agency (LEA) have to submit an asbestos management plan?
40 CFR part 763.99(a) of the asbestos 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 engineer responsible for…
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Are the school system's maintenance or storage facilities (e.g., bus garage or warehouse) covered by the Asbestos Hazard Emergency Response Act (AHERA)?
In general, the answer is yes. Section 202 of the Asbestos Hazard Emergency Response Act (AHERA) defines “school building” to include “... any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described” in the statute’s definition of “school building.” Some of the facilities…
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Are state-run schools (e.g. prison schools, schools for students with disabilities, etc.) covered by the Asbestos Hazard Emergency Response Act (AHERA)?
The definition of “school” under AHERA covers any elementary or secondary school as defined by state law. Thus, reference to state law would determine whether a state-run school is covered as an elementary or secondary school and therefore covered by AHERA. However, state for-profit private schools are exempted under AHERA…
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Does a local education agency (LEA) with all asbestos-free schools need a designated person pursuant to 40 CFR part 763.84(g)?
Yes. One of the requirements of the LEA is to continue the annual notification to parents and others of the availability of the management plan indefinitely. The designated person can handle any questions and concerns that arise regarding asbestos. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School…
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Does the Asbestos Hazard Emergency Response Act (AHERA) apply to schools on military bases?
Yes. AHERA applies to all public and private non-profit elementary and secondary schools, which includes schools on military bases. 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…
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Are private for-profit schools included under the Asbestos Hazard Emergency Response Act (AHERA)?
No. Private for-profit schools are not covered under AHERA. This is a statutory exemption. 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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Does cutting hatchways into ceilings where small amounts of asbestos is disturbed for purposes of mounting fire alarm components in a school fall within the scope of small-scale, short-duration activities under the Asbestos Model Accreditation Plan?
Yes, if the activity is required in the performance of an emergency or routine maintenance activity not intended solely as an asbestos abatement. Additionally, such work must be done and contained in a single prefabricated mini-enclosure (Appendix C to 40 CFR part 763, subpart E). Other Frequent Questions about Asbestos…
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Who is responsible, the school or the landlord, for complying with AHERA?
A public school district leases space from a non-school group (e.g., corporation, YMCA, etc.) to use as a school building. The local education agency (LEA) is responsible for complying with the rule. Under the Asbestos Hazard Emergency Response Act (AHERA) section 202(7), the following are LEAs: “the public authority legally…
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40 CFR part 763.92(a)(1) and (2) of the asbestos-containing materials in schools rule refer to 2-hour training and 14-hour training. Where can the workers receive this training?
EPA anticipates that local education agencies (LEAs) will use a variety of resources to train custodial staff. Private consultants, LEA staff, local colleges and labor groups are potential sources of instructors for O&M training. 40 CFR part 763.94(c) of the asbestos in schools rule requires LEAs to keep specific information…
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How should the periodic surveillance results be documented pursuant to the Asbestos Hazard Emergency Response Act (AHERA)? How detailed does the information have to be and what constitutes adequate records?
40 CFR part 763.94(d) of the asbestos in schools rule pursuant to the Asbestos Hazard Emergency Response Act (AHERA) requires local education agencies (LEAs) to “record the name of each person performing the [periodic] surveillance, the date of the surveillance, and any changes in the conditions of the materials.” A…
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How soon must a local education agency (LEA) inspect a school leased or acquired after October 12, 1988 that is to be used as a school building?
An LEA must inspect such a building anytime prior to its use as a school building. In the event that emergency use of an uninspected school building is necessitated such buildings shall be inspected 30 days after commencement of such use. (40 CFR part 763.85(a)(2)) Other Frequent Questions about Asbestos…
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Under the Asbestos Hazard Emergency Response Act (AHERA), does the recommendation that the management planner provides to the local education agency (LEA) need to include a date for implementation of the response action?
No. However, the management plan must include a schedule for completing the response actions. (40 CFR part 763.93(e)(6)) Accordingly, the dates of implementation can be discussed between the management planner and the LEA. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers…
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Under the Asbestos Hazard Emergency Response Act (AHERA), can someone collect more than five samples inside the asbestos abatement site and pick the best of the results for the clearance test?
No. An equal number of samples must be taken inside and outside the asbestos abatement site for clearance. The minimum number is five inside and five outside (40 CFR part 763.90(i)(3)). The asbestos-containing materials in schools rule does not prohibit the collection of more than five samples inside and an…
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Who is responsible for overseeing the asbestos-in-schools regulations?
EPA is the primary governmental agency responsible for enforcing the regulations promulgated under AHERA. However, if your State has been issued a "waiver" (or delegation of program authority), the State agency then becomes responsible for enforcing these requirements. The states that currently have waiver programs are: Connecticut, Colorado, Louisiana, Massachusetts…
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