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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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How often must school custodial staff complete the 2-hour or 14-hour asbestos awareness training under the Asbestos Hazard Emergency Response Act (AHERA)?
40 CFR part 763.92(a) requires LEAs to train custodians and maintenance workers “within 60 days after commencement of employment.” Although the asbestos in schools rule does not require refresher training for custodial staff and maintenance workers, the OSHA construction standard regulations (29 CFR 1926.1101(k)(9)(ii)) and OSHA regulations for most other…
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Under the Asbestos Hazard Emergency Response Act (AHERA), must the accredited management planner review the inspector's written assessment?
Yes. 40 CFR part 763.88(d) of the asbestos-containing materials in schools rule requires that the accredited management planner “review the results” of inspections, assessments, and reinspections and “conduct any other necessary activities in order to recommend in writing to the local education agency (LEA) appropriate response actions.” Other Frequent Questions…
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Please clarify the the term "homogeneous area," under the Asbestos Hazard Emergency Response Act (AHERA), which has a regulatory definition of being uniform in color or texture, when applied to pipe lagging that's been discolored or applied differently.
A certain number of bulk samples (based on the size of the area) are required for each homogeneous area as described at 40 CFR part 763.86(a). The accredited inspector must make a judgment on whether pipe lagging is indeed uniform in color and texture, and therefore a homogeneous area. If…
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Pursuant to the Asbestos Hazard Emergency Response Act (AHERA), can a local education agency (LEA) store a management plan in electronic format (e.g., CD ROM)?
The asbestos in schools rule does not specifically prohibit LEAs from storing records in electronic format. However, such records must be available to the public, without cost or restriction on request in the LEAs administrative office and from each school’s individual administrative office within 5 working days after the request…
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I found out that my child's school has asbestos in it. Is there a risk to him (her)?
If done properly, asbestos-containing material that is in good condition can be safely managed in place. Local education agencies (e.g. , school districts) are required under the asbestos-containing materials in schools rule, pursuant to the Asbestos Hazard Emergency Response Act (AHERA), to inspect for and manage asbestos containing materials properly…
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What is the purpose of the EPA and HUD Real Estate Notification and Disclosure Rule and who is affected?
Answer: To protect the public from exposure to lead from paint, dust, and soil, Congress passed the Residential Lead-Based Paint Hazard Reduction Act of 1992, also known as Title X. Section 1018 of this law directed HUD and EPA to require disclosure of information on lead-based paint and lead-based paint…
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Are mortgage lenders liable under these rules if the seller or lessor fails to disclose?
Answer: Under the disclosure regulation, the rule does not identify mortgage lenders as liable parties. This rule does not affect other state and federal provisions regarding the obligations and responsibilities of lenders. Question Number: 23002-33229 Find a printable PDF copy of all frequent questions pertaining to lead .
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How does the EPA and HUD Real Estate Notification and Disclosure Rule apply to housing common areas such as stairwells, lobbies, and laundry rooms?
Answer: Common areas are those areas in multifamily housing structures that are used or are accessible to all occupants. The EPA and HUD Real Estate Notification and Disclosure Rule requires that sellers and lessors disclose available lead information about common areas so that families can be informed about preventive actions…
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What if I'm renting target housing?
Answer: Property owners who rent out target housing must: Disclose all known lead-based paint and lead-based paint hazards in the home and any available reports on lead in the housing; Give renters the EPA pamphlet "Protect Your Family From Lead in Your Home"; Include certain warning language in the lease…
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Under the Asbestos Hazard Emergency Response Act (AHERA), are five transmission electron microscopy (TEM) outside air samples required to be collected with the five inside and the two blanks if the inside samples and blanks are below 70 structures/mm2?
The five outdoor samples must be collected in addition to the five indoor samples, the two field blanks, and the one sealed blank for a total of thirteen air samples. (40 CFR part 763.90(i)(3)) If the five inside samples are below 70 structures/mm2 and the volume of air used for…
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