Under the Asbestos Hazard Emergency Response Act (AHERA), at what stage in the project is a project designer required?
The Asbestos Hazard Emergency Response Act (AHERA) requires that a project designer begin to participate in a response action before the action begins. Response actions, including removal, encapsulation, enclosure or repair (other than small-scale, short duration repairs) shall be designed by persons accredited to design response actions. See 40 CFR part 763.90(g). Although it is not specifically required, it would be prudent for a local education agency or building owner to have the design in hand before the project is bid and for an accredited contractor to have the design before the project is bid, in order to know best how to enter a bid.