Search Frequent Questions

Displaying 61 - 75 of 113 results

• Is it true that the lead test kits that were recognized by EPA before September 1, 2010, are no longer recognized since that date?

  No. The lead test kits that were recognized by EPA before September 1, 2010 did not automatically lose their recognition on September 1, 2010. As discussed in the 2008 Lead Renovation, Repair and Painting (RRP) Rule , prior to September 1, 2010, manufacturers seeking recognition of their lead test kit…

  • Last published: November 21, 2024

• I am an EPA-certified lead risk assessor. Can I use an EPA-recognized lead test kit when assessing whether or not a pre-1978 home contains lead-based paint for purposes of the RRP Rule?

  Answer: Yes. In addition to a certified renovator, a person certified by EPA as a risk assessor or lead inspector may use an EPA-recognized lead test kit to determine that regulated lead-based paint is not present in a home. Such a report can also be used to confirm that the…

  • Last published: January 13, 2025

• Will there be any Phase Two lead kits approved as a result of  EPA’s Environmental Technology Verification (ETV) evaluations?

  Answer: Based on the results of the recent ETV evaluations no new lead test kits were approved that meet both the negative response and positive response criteria requirements. However one lead test kit, D-Lead® ,did meet the negative response criterion for drywall, plaster, ferrous metal and wood, and was recognized…

  • Last published: January 13, 2025

• Under the Asbestos Hazard Emergency Response Act (AHERA), are five transmission electron microscopy (TEM) outside air samples required to be collected with the five inside and the two blanks if the inside samples and blanks are below 70 structures/mm2?

  The five outdoor samples must be collected in addition to the five indoor samples, the two field blanks, and the one sealed blank for a total of thirteen air samples. (40 CFR part 763.90(i)(3)) If the five inside samples are below 70 structures/mm2 and the volume of air used for…

  • Last published: March 15, 2024

• Are churches or sanctuaries that are under the local education agency's (LEA's) authority, which are attended by students for religious worship purposes during normal school hours, required to be inspected?

  If the church is not used for school instruction (e.g., math, spelling, etc.) purposes, no. However, when the church is under the authority of an local education agency (LEA) and is used for school instruction it must be inspected and included in the management plan. (Asbestos Hazard Emergency Response Act…

  • Last published: March 15, 2024

• Are there criteria under the Asbestos Hazard Emergency Response Act (AHERA) for doing aggressive asbestos air monitoring?

  Yes. Unit III.B.7.d. of Appendix A to 40 CFR part 763, subpart E provides criteria for aggressive air monitoring. 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…

  • Last published: March 15, 2024

• A school building includes a covered exterior hallway or walkway. Is this covered exterior hallway or walkway covered by the asbestos-containing materials in schools rule? If so, does this include both the underside and roof of these areas?

  Yes. Under 40 CFR part 763.83 of the asbestos-containing materials in schools rule, “school building” is defined to include “[a]ny portico or covered exterior hallway or walkway,” so the covered exterior hallway or walkway is covered. However, only the underside of the hallway or walkway is included; the roof is…

  • Last published: March 21, 2024

• If a building is on the premises of a local education agency (LEA) property and under the authority of the LEA, but is being used only as a private residence, is it subject to the Asbestos Hazard Emergency Response Act (AHERA)?

  If the residence does not perform any of the functions listed or fall under any of the descriptions given in the definition of a “school building” in AHERA section 202(13) and the asbestos-containing materials in schools rule (40 CFR part 763.83), then it is not subject to AHERA. Other Frequent…

  • Last published: April 4, 2024

• I have seen the janitor machine-cleaning the floor tile in our school. Should I be worried that these machines will degrade the tiles and create a hazard?

  Machine-cleaning of floor tile can be part of a good maintenance program for asbestos-containing floor tiles, as long as the machine is operated properly and the tiles are not in poor condition. EPA has issued special guidance on the proper maintenance of asbestos-containing floor tiles, and the guidance is available…

  • Last published: April 4, 2024

• I thought asbestos was banned and then removed from schools years ago?

  In March 2024, EPA set prohibition dates for the last remaining ongoing manufactured (including imported) asbestos uses in United States. Asbestos-containing building materials are no longer imported into the U.S. However, asbestos-containing materials are still “managed-in-place” in schools. Under requirements set forth by the Asbestos Hazard Emergency Response Act (AHERA)…

  • Last published: April 4, 2024

• Is the local education agency (LEA) required to provide a separate notification to non-short-time workers and building occupants (i.e. parents, teachers, and employees or their organizations) for each response action that is performed?

  No. Under 40 CFR part 763.84(c), a separate notification for each response action taken is not required. A notice to parents, teachers, and employees or their organizations once a year is sufficient. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of…

  • Last published: April 22, 2024

• Who is responsible for ensuring that a project has been reviewed by a project designer in order to ensure compliance with the Asbestos Hazard Emergency Response Act (AHERA)?

  AHERA response actions are required to be designed, not reviewed, by accredited persons. The local education agency (LEA) and its “designated person” under 40 CFR part 763.84(g) have the responsibility to ensure that AHERA requirements are carried out. For asbestos work in public and commercial buildings, it is any contractor…

  • Last published: April 22, 2024

• Who is responsible for overseeing the management of asbestos in a school building?

  The school district/local education agency must nominate a “designated person” to perform and delegate, if necessary, the management of asbestos in a school building. This person is also a resource for the entire school community who can answer specific questions and address specific concerns about the presence or management of…

  • Last published: April 22, 2024

• If, during a periodic surveillance check, a custodian finds damaged thermal system insulation, what must be done under the Asbestos Hazard Emergency Response Act (AHERA)?

  40 CFR part 763.90(b) states that “[i]f damaged or significantly damaged thermal system insulation ACM is present in a building, the local education agency shall: At least repair the damaged area; Remove the damaged material if it is not feasible, due to technological factors, to repair the damage; and Maintain…

  • Last published: April 22, 2024

• Under the Asbestos Hazard Emergency Response Act (AHERA), is the installation of carpet over damaged A/V floor tile an enclosure?

  No. An enclosure is defined in 40 CFR part 763.83 of the asbestos in schools rule as “an airtight, impermeable, permanent barrier around asbestos-containing building material (ACBM) to present the release of asbestos fibers into the air.” Carpeting is not impermeable, permanent, or airtight. Other Frequent Questions about Asbestos Learn…

  • Last published: April 23, 2024