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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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Under the Asbestos Hazard Emergency Response Act (AHERA), how does one determine the amount of air to sample for the phase contrast microscopy (PCM) analysis to maintain a limit of quantification of 0.01 f/cm3?
Follow the procedure in the Environmental Protection Agency (EPA) Silver Book, or “Measuring Airborne Asbestos Following an Abatement Action (EPA-600/4-85-049)” specifically outlined in Chapter 4, page 5. The volume required to reliably quantify fibers down to 0.01 f/cm3 may be calculated using the first formula on this page. Note that…
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Under the Asbestos Hazard Emergency Response Act (AHERA), how many samples do you have to take for non-friable suspected asbestos-containing building material?
40 CFR part 763.86(d) says that “...an accredited inspector shall collect, in a manner sufficient to determine whether the material is asbestos-containing material or not asbestos-containing material, bulk samples [plural] from each homogeneous area of non-friable suspected asbestos-containing building material that is not assumed to be asbestos-containing material.” Therefore, at…
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During an inspection, can a local education agency (LEA) just assume that some or all homogeneous areas of friable and nonfriable suspected ACBM are ACM rather than take samples?
Yes. 40 CFR part 763.85(a)(4)(iv) explicitly permits homogeneous areas of friable and non-friable suspected asbestos-containing building material (ACBM) to be assumed to be asbestos-containing material (ACM). (See also 40 CFR part 763.86(a), (b), (c), and (d)). Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for…
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Under the Asbestos Hazard Emergency Response Act (AHERA), must a local education agency's (LEA's) Designated Person be an employee of the LEA, or can this person be an outside consultant, available on a part-time basis?
The Designated Person does not have to be an LEA employee. The designated person can be an outside consultant and does not have to be on-site at the LEA. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of Buildings that Contain…
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If a non-friable component such as a piece of floor tile is broken into small pieces in a removal process and the resulting pieces still can't be reduced to powder by hand pressure, does EPA require accredited workers?
If floor tiling is removed by a method that does not render it friable (not able, when dry, to be crumbled, pulverized, or reduced to powder by hand pressure) then removal is not considered to be a response action that requires workers accredited under the Asbestos Model Accreditation Plan (MAP)…
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How can we have the air tested in my school?
The Asbestos Hazard Emergency Response Act (AHERA) only requires air testing following an asbestos response action (e.g., asbestos repair or removal activity) to determine whether the activity has been properly completed. This is done by measuring the amount of asbestos in the air where the asbestos response action took place…
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Will areas of newly friable asbestos-containing building material (ACBM) or newly friable assumed ACBM be required to undergo initial cleaning in accordance with 40 CFR part 763.91?
Yes, the following requirements as stated in 40 CFR part 763.91(c)(1) of the asbestos in schools rule will apply: “Initial Cleaning. Unless the building has been cleaned using equivalent methods within the previous 6 months, all areas of a school building where friable ACBM, damaged or significantly damaged thermal system…
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Must lead-based paint inspectors be certified?
Answer: Yes, lead-based paint inspectors must be certified by EPA or the EPA authorized program in the jurisdiction(s) in which they provide lead-based paint inspection services Question Number: 23002-33227 Find a printable PDF copy of all frequent questions pertaining to lead .
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Does this rule increase my liability for future lead poisoning on my property?
Answer: In some cases, disclosure may actually reduce the owner’s liability since occupants may be able to prevent exposure from the beginning. Under the Real Estate Notification and Disclosure rule, however, sellers, landlords, or agents who fail to provide the required notices and information are liable for triple the amount…
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As a purchaser, am I required to conduct and finance an inspection?
Answer: No. The EPA and HUD Real Estate Notification and Disclosure Rule simply ensures that you have the opportunity to test for lead before purchase. Question Number: 23002-33223 Find a printable PDF copy of all frequent questions pertaining to lead .
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Am I required to give the EPA pamphlet "Protect Your Family From Lead in Your Home" to existing tenants?
Answer: No, but when tenants renew their leases, you must give them the pamphlet and any available reports. In other words, you must give them the same information that you are required to provide new tenants. Question Number: 23002-33215 Find a printable PDF copy of all frequent questions pertaining to…
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What if a seller or lessor fails to comply with these regulations?
Answer: A seller, lessor, or agent who fails to give the proper information can be sued for triple the amount of damages. In addition, they may be subject to civil and criminal penalties. Ensuring that disclosure information is given to home buyers and tenants helps all parties avoid misunderstandings before…
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Is the seller required to remove any lead-based paint that is discovered during an inspection?
Answer: No. Nothing in the rule requires a building owner to remove lead-based paint or lead-based paint hazards discovered during an inspection or risk assessment. In addition, the rule does not prevent the two parties from negotiating hazard reduction activities as a contingency of the purchase and sale of the…
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What are the dust-lead hazard standards and dust-lead clearance levels now called?
Answer: Due to feedback from the public comments, EPA finalized changes to the nomenclature, from dust-lead hazard standards (DLHS) to dust-lead reportable level (DLRL) and from dust-lead clearance levels (DLCL) to dust-lead action level (DLAL). EPA believes this updated nomenclature aligns better and more intuitively with the operational function of…
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