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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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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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Under the Asbestos Hazard Emergency Response Act (AHERA),what criteria must be applied to determine when a non-friable asbestos containing material is made friable?
Non-friable asbestos-containing material is made friable if, when dry, it may be crumbled, pulverized, or reduced to powder by hand pressure. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of Buildings that Contain Asbestos Protect Your Family from Exposures to Asbestos…
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Is a nursery/daycare center subject to the Asbestos Hazard Emergency Response Act (AHERA)?
Generally no. Nursery/daycare centers are generally not subject to AHERA because they generally do not fall within the definition of “school” under AHERA or the asbestos in schools rule. However, if a nursery/daycare center did fall within the definition of “school” (based on how a school is defined under state…
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Does this management plan have to be updated periodically?
Yes. The asbestos management plan must be updated with information collected during periodic surveillance every 6 months, re-inspections every 3 years, and every time a response action is taken within the school. Also, records of annual notifications to parents, teachers, and staff concerning the availability of the school’s asbestos management…
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Under the Asbestos Hazard Emergency Response Act (AHERA), can a building inspector use his/her own lab to analyze the bulk samples or air samples taken?
Yes, but only if the lab is currently accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) operated by the National Institute of Standards and Technology (NIST), formerly known as the National Bureau of Standards. (40 CFR part 763.87(a) and 40 CFR part 763.90 (i)(2)(ii)) Other Frequent Questions about Asbestos…
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Under the Asbestos Hazard Emergency Response Act (AHERA), can a group of local education agencies (LEAs) share a Designated Person?
Yes. There is nothing in the Asbestos Hazard Emergency Response Act (AHERA) or the asbestos in schools rule that prohibits this. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of Buildings that Contain Asbestos Protect Your Family from Exposures to Asbestos…
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Under the Asbestos Hazard Emergency Response Act (AHERA), can a local education agency (LEA) hire one abatement firm both to conduct a response action and to carry out the transmission electron microscopy (TEM) clearance air monitoring on that project?
No. In Unit II.B.2 of Appendix A to 40 CFR part 763, subpart E it states that TEM “[s]ampling operations must be performed by qualified individuals completely independent of the abatement contractor to avoid possible conflict of interest.” Accordingly, the LEA would have to select another person or firm “completely…
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