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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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Pursuant to the Asbestos Hazard Emergency Response Act (AHERA), can a local education agency (LEA) store a management plan in electronic format (e.g., CD ROM)?
The asbestos in schools rule does not specifically prohibit LEAs from storing records in electronic format. However, such records must be available to the public, without cost or restriction on request in the LEAs administrative office and from each school’s individual administrative office within 5 working days after the request…
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I found out that my child's school has asbestos in it. Is there a risk to him (her)?
If done properly, asbestos-containing material that is in good condition can be safely managed in place. 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…
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Are local education agencies relieved of reinspections once every 3 years for schools which are asbestos-free, either because they were constructed without asbestos-containing building material (ACBM) or because all ACBM has been removed?
Yes, because the reinspection requirements at 40 CFR section 763.85(b) apply only to schools which contain known or assumed ACBM. 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…
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Could miscellaneous asbestos-containing building material (ACBM) on the floors of two identical classrooms on two separate floors be viewed as homogeneous areas?
No. This would not be a homogeneous area, which is defined as “an area of surfacing material, thermal insulation material, or miscellaneous material that is uniform in color and texture.”[40 CFR part 763.83] Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers…
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A school uses a single room in a non-school building on a regular basis as a classroom for elementary and secondary education purposes during regular school hours. Is the room covered by the asbestos-containing materials in schools rule?
The single room used by the school on a regular basis as a classroom is covered by asbestos-containing materials in schools rule (40 CFR part 763, subpart E), in addition to the hallways and bathrooms used by the school children. However, the rest of the building is not covered. Other…
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A school building burns down. A local education agency (LEA) wants to use a local community center under the authority of an LEA for 6 months due to the emergency. Does this temporary school building have to be inspected?
Yes. 40 CFR part 763.85(a)(2) of the asbestos in schools rule states that, “[i]n the event that emergency use of an uninspected building as a school building is necessitated, such buildings shall be inspected within 30 days after commencement of such use.” Other Frequent Questions about Asbestos Learn About Asbestos…
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I work for a commercial lab and have questions on how to report the results of asbestos analysis for a local education agency (LEA). Who should I talk to?
You can contact the National Institute of Standards and Technology’s (NIST’s) National Voluntary Lab Accreditation Program (NVLAP) at (301) 975-4016 or at [email protected] . 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…
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If vermiculite insulation bulk samples analyzed by standard polarized-light microscopy (PLM) analysis is found to be less than 1% asbestos is it still considered an asbestos-containing material under the Asbestos Hazard Emergency Response Act (AHERA)?
Vermiculite insulation containing less than 1 percent asbestos does not qualify as asbestos containing material (ACM) under AHERA and the asbestos-containing materials in schools rule. If standard PLM analysis, ensuring that bulk samples comply with sampling requirements as laid out in 40 CFR part 763.86 and that subsequent analysis of…
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If my school does not have any known or assumed asbestos containing building materials (ACBM), do I need to reinspect?
No. Only schools that contain friable and non-friable known or assumed ACBM must be reinspected once every 3 years. 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…
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What should a school do if it finds thermal system insulation (TSI) in a ceiling space, pursuant to the Asbestos Hazard Emergency Response Act (AHERA)?
If the space in which the TSI is discovered has never been inspected in accordance with the Asbestos Hazard Emergency Response Act (AHERA) inspection requirements, then such an inspection must be undertaken and should focus on all such previously unexpected space above a drop ceiling in which TSI is present…
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