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Displaying 16 - 30 of 143 results
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If an Asbestos Hazard Emergency Response Act (AHERA) accredited-training course is taught by someone other than instructors certified by the state or the Environmental Protection Agency (EPA), can an approved contractor/instructor sign certificates?
No. An EPA Asbestos Hazard Emergency Response Act (AHERA) accredited training course must be taught by EPA/state approved instructors and only those approved instructors may issue AHERA approved training course certificates. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of Buildings…
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Is there a formal requirement that an Asbestos Model Accreditation Plan (MAP) asbestos training course must have a training manual?
Accredited trainers are not required to have a formal training manual, per se. According to the Asbestos Model Accreditation Plan (MAP), at Unit III, (A)(3), (A)(4)(d) and (A)(5) of appendix C to 40 CFR part 763, subpart E, a trainer’s application for course approval must include the course curriculum, a…
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What are the requirements under the Asbestos Hazard Emergency Response Act (AHERA) for refresher training for a person who wants to "step down" his/her certification from contractor/supervisor status to worker status?
If such a person takes contractor/supervisor refresher courses on an annual basis, that person may perform in both the contractor/supervisor and worker roles. If, however, the person chooses only to take annual worker refresher courses, that person may continue to act in the role of an accredited worker but loses…
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What is the applicability of Federal asbestos inspector accreditation requirements under the Asbestos Hazard Emergency Response Act (AHERA) to real estate appraisers?
Real estate appraisers may not assess the suspected presence, location, or condition of asbestos in a school building or a public and commercial building during an appraisal unless they are accredited pursuant to the Toxic Substances Control Act (TSCA) and the Asbestos Model Accreditation Plan (MAP), as conducting an examination…
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When would a conflict of interest exist among Asbestos Model Accreditation Plan (MAP)-accredited personnel?
A conflict of interest with respect to Asbestos Model Accreditation Plan (MAP)-accredited personnel would exist if, for example, the management planner and abatement contractor worked for the same firm. The planner might recommend to the LEA more expensive response actions than are necessary in the management plan. Other Frequent Questions…
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The training requirements specified in 40 CFR part 763 appear to apply to projects (excluding small-scale, short-duration projects) involving interior building components. Specifically, is roofing work and other exterior work covered?
Worker training requirements specified in 40 CFR part 763, including those for accreditation under the Asbestos Model Accreditation Plan (MAP), apply to interior building projects done in schools and public and commercial buildings. Additionally, the asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP), Occupational Safety and Health Administration (OSHA)…
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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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How does a company become a provider of Asbestos Model Accreditation Plan (MAP)-accredited asbestos training courses?
Individuals or groups wishing to sponsor training courses for disciplines required to be accredited under section 206(b)(1)(A) of the Toxic Substances Control Act (TSCA) may apply for approval from states that have accreditation program requirements that are at least as stringent as the EPA Asbestos Model Accreditation Plan (MAP). For…
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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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If friable asbestos-containing material (ACM) is accidentally left behind after an abatement project had passed air clearance by transmission electron microscopy (TEM) analysis, do I need to re-test the air?
Yes. Both the visual inspection and the abatement were not properly completed under 40 CFR part 763.90(i)(1). The loose debris should be removed and the area thoroughly re-cleaned. Air monitoring should be repeated using TEM analysis for the functional space where the original abatement occurred. (40 CFR part 763.90(f) and…
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The asbestos-containing materials in schools rule pursuant to the Asbestos Hazard Emergency Response Act (AHERA) requires that an accredited management planner review the results of each inspection and assessment. Is this also required for reinspections?
Yes. 40 CFR part 763.88(d) of the asbestos in schools rule states that “[t]he local education agency shall select a person accredited to develop management plans to review the results of each inspection, reinspection, and assessment . . . ” Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and…
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If the architect or project engineer responsible for the construction of a school building built after October 12, 1988 provides a written statement that there is no asbestos-containing material in the school, is an inspection required?
40 CFR part 763.99(a) and (a)(7)of the asbestos-containing materials in schools rule provides that an LEA “shall not be required to perform an inspection under § 763.85(a) in any sampling area . . . or homogeneous area of a school building where: . . . (7) An architect or project…
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What is an asbestos management plan?
An asbestos management plan is required to provide documentation of the recommended asbestos response actions, the location of asbestos within the school, and any action taken to repair or remove the material. The school authority must maintain records to be included in the Asbestos Management Plan. These records include among…
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