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Are churches that have Sunday school classes, daycare centers, or kindergartens regulated under the Asbestos Emergency Response Act (AHERA)?
The Asbestos Hazard Emergency Response Act (AHERA) applies to public and private non-profit elementary and secondary schools. The term ‘non-profit elementary or secondary school’ means any elementary or secondary school as defined in section 198 of the Elementary and Secondary Education Act of 1965. Under this Act, the terms elementary…
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Do the Asbestos Hazard Emergency Response Act (AHERA) requirements apply to charter schools that provide online elementary and secondary education through learning centers and/or directly in the home?
If the charter school providing online education is considered an elementary or secondary school under relevant state law and the facility where such online education is located qualifies as a “school building” under AHERA, then that same charter school’s learning center would also be covered by the AHERA requirements. Since…
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Do the Asbestos Hazard Emergency Response Act (AHERA) requirements in 40 CFR part 763 mandating routine facility inspections and management plan development apply to for-profit private schools as they apply in public K-12 schools?
AHERA requirements for facility inspections and management plan development do not apply to for-profit private schools, but they do apply to non-profit private K-12 schools. This exemption for private for-profit schools was directly mandated in the enabling legislation (the AHERA statute). Other Frequent Questions about Asbestos Learn About Asbestos Asbestos…
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Do the Asbestos Hazard Emergency Response Act (AHERA) requirements for inspection and reinspection of school buildings for asbestos-containing building materials (ACBM) apply to newly installed building materials in school buildings?
Generally, the AHERA initial inspection and subsequent reinspection requirements do not apply to building materials installed after an initial inspection. If, however, an entirely new structure is being added to an existing school (e.g. a new wing or new building), this new structure does have to undergo the initial inspection…
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If a school has all asbestos-containing building material (ACBM) removed, how long do we need to keep records in the asbestos management plan pursuant to the Asbestos Hazard Emergency Response Act (AHERA)?
After all the ACBM has been removed, certain records listed under 40 part 763.94(a) can be discarded three years after the next scheduled reinspection. However, other records that are part of the management plan must be maintained indefinitely. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings…
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If my children have been in a building with asbestos, do they need to see a physician? If I taught in a building with asbestos, do I need to see a physician?
Not necessarily. Asbestos does not pose a health risk if it is managed properly. However, if you feel you may have been exposed to asbestos fibers in the air, you should consult with a physician that specializes in lung disorders or occupational exposures. Other Frequent Questions about Asbestos Learn About…
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If a private school has a daycare area, is the day care area excluded from the Asbestos Hazard Emergency Response Act (AHERA) rule and/or the whole educational facility?
If the private school is non-profit, then all parts of the facility that would be considered a school building under 40 CFR part 763.83 would be covered. Conversely, if the private school is a for-profit institution, neither the school nor the daycare center would be subject to the regulation. Other…
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Release notification for release at Superfund site
Would the National Response Center (NRC) need to be notified of a release of a hazardous substance in an amount equal to or exceeding a Reportable Quantity (RQ) at a Superfund site during cleanup activities? Yes. Unless otherwise exempted from CERCLA section 103 notification requirements, a release of a hazardous…
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CERCLA Release Notification and the Workplace Exposure Exclusion
CERCLA section 101(22) excludes from the definition of release any release solely within a workplace, with respect to a claim which such persons may assert against the employer of such persons. Does the workplace exposure exclusion apply for purposes of CERCLA release notification requirements? The workplace exposure exclusion only applies…
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CERCLA Release Reporting: Clarification of Facility
The term facility, as defined in 40 CFR 302.3 , does not include the words “contiguous” or “adjacent”. Would multiple adjacent buildings or buildings on a contiguous property be considered one facility for purposes of release reporting and submit one notification? Yes. Adjacent buildings on a contiguous property where multiple…
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Follow-up notification requirements for release occurring in transportation
Must a notifier submit a follow-up emergency notice after the initial 911 report? Notification of a release during transportation or storage incident to transportation, including the requirement to submit a written follow-up notice, is satisfied by dialing 911 and providing the release information as described in 40 CFR §355.42 to…
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With respect to transmission electron microscopy (TEM), what does the term "contiguous portions" mean under AHERA?
Contiguous portions means areas directly adjacent to one another that are part of the same functional space. The intent of 40 CFR part 763.90(i)(6) is to prevent an LEA from artificially dividing up a large project so as to avoid the TEM requirement. For example, a local education agency (LEA)…
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What is Vermiculite?
Vermiculite is the mineralogical name given to hydrated laminar magnesium-aluminum-iron silicate that resembles mica in appearance. All vermiculite ores contain a range of other minerals that were formed along with the vermiculite in the rock. Vermiculite ores from some sources have been found to contain asbestos minerals but asbestos is…
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Under AHERA, does picking up nonfriable asbestos-containing floor tiles for the purposes of disposal constitute "disturbance" of asbestos-containing building material (ACBM) and therefore would require 14-hour training?
Yes. Custodial and maintenance staff who conduct any activity that results in the disturbance of ACBM must receive the 14-hour training in addition to the 2-hour awareness training. (40 CFR part 763.92(a)(2)). Only custodial or maintenance staff that have had 16 total hours of training can pick-up and dispose of…
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My child's school has asbestos in it. Why aren't they taking it out?
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 through the development and implementation of an asbestos management plan. The local education agency can safely and…
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