Is a state agency in violation of asbestos regulations pursuant to the Asbestos Hazard Emergency Response Act (AHERA) if it chose, as a matter of policy, not to consider asbestos in its safety inspections?

The Asbestos Hazard Emergency Response Act (AHERA) does not require that public and commercial buildings be inspected for asbestos. If the owner/operator of such a building elected to have an inspection performed, then the inspection must be performed by an accredited individual. If the owner/operator of such a building undertakes a demolition or renovation activity and the building is an asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) regulated facility, it would be subject to the asbestos NESHAP regulations and a thorough inspection for the presence of asbestos would be required.