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Displaying 1 - 15 of 263 results
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Criteria for oil production facilities to be qualified facilities
Qualified facilities are eligible for streamlined regulatory requirements in 40 CFR §112.6, which include self-certification of SPCC Plans. What criteria do oil production facilities have to meet in order to be considered qualified facilities? Oil production facilities, like all other facilities, must meet the criteria in §112.3(g)(1) or (2) to…
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Criteria for selecting alternative release scenarios
As part of the hazard assessment, owners and operators of Program 2 and Program 3 covered processes must identify and analyze alternative release scenarios (40 CFR §68.28). What criteria should be used when selecting an alternative release scenario? The owner or operator of a stationary source subject to the risk…
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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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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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Are persons who conduct the asbestos portion of an environmental assessment required to be certified under the Asbestos Model Accreditation Plan (MAP) if they do not collect asbestos samples?
Yes. If a person is conducting an environmental assessment that includes the identification and assessment of asbestos containing building materials either in a regulated school or public or commercial building, AHERA requires that such a person be properly trained and accredited as an inspector, regardless of whether or not the…
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How many samples do you have to take for friable miscellaneous material under the Asbestos Hazard Emergency Response Act (AHERA)?
40 CFR part 763.86(c) says that “an accredited inspector shall collect bulk samples [plural] from each homogeneous area of friable miscellaneous material that is not assumed to be asbestos containing material.” Therefore, at least two samples must be taken. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School…
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