Search Frequent Questions

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• I thought asbestos was banned and then removed from schools years ago?

  In March 2024, EPA set prohibition dates for the last remaining ongoing manufactured (including imported) asbestos uses in United States. Asbestos-containing building materials are no longer imported into the U.S. However, asbestos-containing materials are still “managed-in-place” in schools. Under requirements set forth by the Asbestos Hazard Emergency Response Act (AHERA)…

  • Last published: April 4, 2024

• Is the local education agency (LEA) required to provide a separate notification to non-short-time workers and building occupants (i.e. parents, teachers, and employees or their organizations) for each response action that is performed?

  No. Under 40 CFR part 763.84(c), a separate notification for each response action taken is not required. A notice to parents, teachers, and employees or their organizations once a year is sufficient. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of…

  • Last published: April 22, 2024

• Who is responsible for ensuring that a project has been reviewed by a project designer in order to ensure compliance with the Asbestos Hazard Emergency Response Act (AHERA)?

  AHERA response actions are required to be designed, not reviewed, by accredited persons. The local education agency (LEA) and its “designated person” under 40 CFR part 763.84(g) have the responsibility to ensure that AHERA requirements are carried out. For asbestos work in public and commercial buildings, it is any contractor…

  • Last published: April 22, 2024

• Who is responsible for overseeing the management of asbestos in a school building?

  The school district/local education agency must nominate a “designated person” to perform and delegate, if necessary, the management of asbestos in a school building. This person is also a resource for the entire school community who can answer specific questions and address specific concerns about the presence or management of…

  • Last published: April 22, 2024

• If, during a periodic surveillance check, a custodian finds damaged thermal system insulation, what must be done under the Asbestos Hazard Emergency Response Act (AHERA)?

  40 CFR part 763.90(b) states that “[i]f damaged or significantly damaged thermal system insulation ACM is present in a building, the local education agency shall: At least repair the damaged area; Remove the damaged material if it is not feasible, due to technological factors, to repair the damage; and Maintain…

  • Last published: April 22, 2024

• Under the Asbestos Hazard Emergency Response Act (AHERA), is the installation of carpet over damaged A/V floor tile an enclosure?

  No. An enclosure is defined in 40 CFR part 763.83 of the asbestos in schools rule as “an airtight, impermeable, permanent barrier around asbestos-containing building material (ACBM) to present the release of asbestos fibers into the air.” Carpeting is not impermeable, permanent, or airtight. Other Frequent Questions about Asbestos Learn…

  • Last published: April 23, 2024

• Please define the term "nonfriable suspected ACBM." Also, what does the term "manner sufficient to determine" mean with respect to sampling such material under the Asbestos Hazard Emergency Response Act (AHERA)?

  Nonfriable suspected asbestos-containing building material (ACBM) means suspected surfacing asbestos-containing material (ACM), thermal system insulation ACM, or miscellaneous ACM that is found in or on the interior structural members or other parts of a school building and that when dry, cannot be crumbled, pulverized, or reduced to powder by hand…

  • Last published: April 24, 2024

• What training is the designated person required to have?

  A local education agency (LEA) is required to designate a person to ensure that all LEA responsibilities and/or requirements are properly implemented (40 CFR part 763.84(g)(1)). The LEA’s designated person is not required to be “accredited” as the term is used in the asbestos in schools rule; nonetheless, he or…

  • Last published: May 7, 2024

• Many local education agencies (LEAs) intend to select certain person(s) who are permanent employees of the district to become accredited asbestos professionals under the Asbestos-containing Materials in Schools Rule. Does EPA see this as a problem?

  Generally, no. The conflict-of-interest provision in the asbestos-containing materials in schools rule, which merely requires LEAs to “consider” conflict of interest issues, primarily pertains to outside contractors who serve in two or more capacities (see rule preamble discussion at 52 FR 41836). LEAs retain the option of using their own…

  • Last published: May 30, 2024

• What type of housing is not affected by the EPA and HUD Real Estate Notification and Disclosure Rule?

  Answer : Housing that is not affected by the EPA and HUD Real Estate Notification and Disclosure Rule includes: 0-bedroom dwellings, such as lofts, efficiencies, and studios; Leases of dwelling units of 100 days or fewer, such as vacation homes or short-term rentals; Designated housing for the elderly and the…

  • Last published: October 31, 2024

• Where can I find a qualified professional to conduct an inspection?

  Answer : State agencies can provide helpful information for locating qualified professionals in your area. The EPA pamphlet " Protect Your Family From Lead in Your Home ", provides the phone numbers of these state agencies. It is important to verify the qualifications of individuals and firms before hiring them…

  • Last published: October 31, 2024

• What type of housing is affected by the EPA and HUD Real Estate Notification and Disclosure Rule?

  Answer : The EPA and HUD Real Estate Notification and Disclosure Rule applies to all housing defined as "target housing", which includes most private housing, public housing, housing receiving federal assistance, and federally owned housing built before 1978. Question Number: 23002-33207 Find a printable PDF copy of all frequent questions…

  • Last published: October 31, 2024

• Must I check my house for lead prior to sale?

  Answer: No. The rule does not require that a seller conduct or finance an inspection or risk assessment. The seller, however, is required to provide the buyer a 10-day period to test for lead-based paint or lead-based paint hazards. Question Number: 23002-33217 Find a printable PDF copy of all frequent…

  • Last published: November 4, 2024

• What if I know there is lead-based paint in my home?

  Answer: If you know there is lead-based paint in your home, you are required to disclose this information to the buyer or renter along with any other available reports on lead. Question Number: 23002-33219 Find a printable PDF copy of all frequent questions pertaining to lead .

  • Last published: November 4, 2024

• As an agent what are my responsibilities?

  Answer Agents must ensure that: Sellers and landlords are made aware of their obligations under this rule; Sellers and landlords disclose the proper information to lessors, buyers, and tenants; Sellers give purchasers the opportunity to conduct an inspection; and Lease and sales contracts contain the appropriate notification and disclosure language…

  • Last published: November 4, 2024