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East Palestine, Ohio Train Derailment
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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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I have heard about research being conducted by the University of Kentucky. What is the health tracking survey?
University of Kentucky College of Public Health researcher Dr. Erin N. Haynes and her team received a grant from the National Institutes of Health (NIH) to conduct a long-term health study with and for the residents of East Palestine and the surrounding area. The first step is to learn more…
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What kind of screening does the East Liverpool City Hospital's East Palestine Clinic offer related to the train derailment?
The screening tests are based on recommendations by specialists in toxicology to monitor anyone exposed to substances from the train derailment. The tests include urine and blood tests. A urinalysis is done that looks for problems involving the kidneys. The blood tests include a complete blood count (CBC) and a…
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Are any other tests ordered?
There may be based on the evaluation by the physician or other healthcare provider. If a patient is having specific symptoms there may be other tests needed. For example, if a patient is short of breath, they may need to have a chest x-ray or other tests done to evaluate…
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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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Are there specific medical tests available for vinyl chloride?
Medical tests to determine if you have been exposed to vinyl chloride include measuring vinylchloride in your breath but must be collected shortly after exposure. The test is not useful forvery low levels of exposure. Thiodiglycolic acid, which is a breakdown product of vinyl chloride detected in urine, can also…
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