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Displaying 16 - 30 of 103 results
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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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Are schools within a local education agency with no asbestos-containing building material (ACBM) relieved of the annual notification requirements at 40 CFR part 763.84(c)?
Yes. However, the annual notification regarding the availability of the school's management plan must continue indefinitely to parent, teacher, and employee organizations (or, in the absence of any such organizations, to the relevant group) (see sections 40 CFR part 763.84(f) and 40 CFR part 763.93(g)(4)). Copies of these annual notices…
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Are vocational schools covered under the Asbestos Hazard Emergency Response Act (AHERA)?
Vocational schools that provide elementary or secondary education under state law are covered as schools under AHERA. 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 Asbestos Contaminated Vermiculite Insulation
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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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Is it dangerous to have asbestos containing material in my school?
Not necessarily. Undamaged asbestos that is properly managed in place poses little health risk to students, teachers and other school occupants. However, it is important that the proper school designated authorities regularly inspect the condition of asbestos-containing materials to ensure they remain intact. Asbestos can pose a health hazard when…
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Under the Asbestos Hazard Emergency Response Act (AHERA), what is meant by the phrase "at approximately the same time" in 40 CFR part 763.90(i)(6) as it relates to transmission electron microscopy (TEM) clearance?
The intent of 40 CFR part 763.90(i)(6) is to prevent a local education agency (LEA) from avoiding the TEM air clearance requirement by either artificially dividing up a larger project, or by removing asbestos-containing building material (ACBM) in stages over the course of a relatively short period of time in…
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How many samples of miscellaneous material or nonfriable suspected material must be taken to determine if the material is asbestos-containing material (ACM) under the Asbestos Hazard Emergency Response Act (AHERA)?
For miscellaneous material, 40 CFR part 763.86(c) states that “in a manner sufficient to determine whether material is asbestos-containing material (ACM) or not ACM, an accredited inspector shall collect bulk samples from each homogeneous area of friable miscellaneous material that is not assumed to be ACM.” Although a specific number…
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How often must school custodial staff complete the 2-hour or 14-hour asbestos awareness training under the Asbestos Hazard Emergency Response Act (AHERA)?
40 CFR part 763.92(a) requires LEAs to train custodians and maintenance workers “within 60 days after commencement of employment.” Although the asbestos in schools rule does not require refresher training for custodial staff and maintenance workers, the OSHA construction standard regulations (29 CFR 1926.1101(k)(9)(ii)) and OSHA regulations for most other…
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Under the Asbestos Hazard Emergency Response Act (AHERA), must the accredited management planner review the inspector's written assessment?
Yes. 40 CFR part 763.88(d) of the asbestos-containing materials in schools rule requires that the accredited management planner “review the results” of inspections, assessments, and reinspections and “conduct any other necessary activities in order to recommend in writing to the local education agency (LEA) appropriate response actions.” Other Frequent Questions…
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Please clarify the the term "homogeneous area," under the Asbestos Hazard Emergency Response Act (AHERA), which has a regulatory definition of being uniform in color or texture, when applied to pipe lagging that's been discolored or applied differently.
A certain number of bulk samples (based on the size of the area) are required for each homogeneous area as described at 40 CFR part 763.86(a). The accredited inspector must make a judgment on whether pipe lagging is indeed uniform in color and texture, and therefore a homogeneous area. If…
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