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Under the Asbestos Hazard Emergency Response Act (AHERA), how many samples do you have to take for non-friable suspected asbestos-containing building material?
40 CFR part 763.86(d) says that “...an accredited inspector shall collect, in a manner sufficient to determine whether the material is asbestos-containing material or not asbestos-containing material, bulk samples [plural] from each homogeneous area of non-friable suspected asbestos-containing building material that is not assumed to be asbestos-containing material.” Therefore, at…
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During an inspection, can a local education agency (LEA) just assume that some or all homogeneous areas of friable and nonfriable suspected ACBM are ACM rather than take samples?
Yes. 40 CFR part 763.85(a)(4)(iv) explicitly permits homogeneous areas of friable and non-friable suspected asbestos-containing building material (ACBM) to be assumed to be asbestos-containing material (ACM). (See also 40 CFR part 763.86(a), (b), (c), and (d)). Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for…
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Under the Asbestos Hazard Emergency Response Act (AHERA), must a local education agency's (LEA's) Designated Person be an employee of the LEA, or can this person be an outside consultant, available on a part-time basis?
The Designated Person does not have to be an LEA employee. The designated person can be an outside consultant and does not have to be on-site at the LEA. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of Buildings that Contain…
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If a non-friable component such as a piece of floor tile is broken into small pieces in a removal process and the resulting pieces still can't be reduced to powder by hand pressure, does EPA require accredited workers?
If floor tiling is removed by a method that does not render it friable (not able, when dry, to be crumbled, pulverized, or reduced to powder by hand pressure) then removal is not considered to be a response action that requires workers accredited under the Asbestos Model Accreditation Plan (MAP)…
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How can we have the air tested in my school?
The Asbestos Hazard Emergency Response Act (AHERA) only requires air testing following an asbestos response action (e.g., asbestos repair or removal activity) to determine whether the activity has been properly completed. This is done by measuring the amount of asbestos in the air where the asbestos response action took place…
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Will areas of newly friable asbestos-containing building material (ACBM) or newly friable assumed ACBM be required to undergo initial cleaning in accordance with 40 CFR part 763.91?
Yes, the following requirements as stated in 40 CFR part 763.91(c)(1) of the asbestos in schools rule will apply: “Initial Cleaning. Unless the building has been cleaned using equivalent methods within the previous 6 months, all areas of a school building where friable ACBM, damaged or significantly damaged thermal system…
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Does the East Palestine clinic require an appointment, or can people just show up without an appointment if they require immediate medical care.
An appointment is preferred, but if they can, they will accommodate walk-in patients. If they believe it’s an emergency, they should go to the emergency room or urgent care for medical attention. Site Status check as of June 23
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If the architect or project engineer responsible for the construction of the building provides a statement indicating there is no asbestos-containing material in the school, does the local education agency (LEA) have to submit an asbestos management plan?
40 CFR part 763.99(a) of the asbestos 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 engineer responsible for…
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Are the school system's maintenance or storage facilities (e.g., bus garage or warehouse) covered by the Asbestos Hazard Emergency Response Act (AHERA)?
In general, the answer is yes. Section 202 of the Asbestos Hazard Emergency Response Act (AHERA) defines “school building” to include “... any maintenance, storage, or utility facility, including any hallway, essential to the operation of any facility described” in the statute’s definition of “school building.” Some of the facilities…
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Are state-run schools (e.g. prison schools, schools for students with disabilities, etc.) covered by the Asbestos Hazard Emergency Response Act (AHERA)?
The definition of “school” under AHERA covers any elementary or secondary school as defined by state law. Thus, reference to state law would determine whether a state-run school is covered as an elementary or secondary school and therefore covered by AHERA. However, state for-profit private schools are exempted under AHERA…
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Does a local education agency (LEA) with all asbestos-free schools need a designated person pursuant to 40 CFR part 763.84(g)?
Yes. One of the requirements of the LEA is to continue the annual notification to parents and others of the availability of the management plan indefinitely. The designated person can handle any questions and concerns that arise regarding asbestos. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School…
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Does the Asbestos Hazard Emergency Response Act (AHERA) apply to schools on military bases?
Yes. AHERA applies to all public and private non-profit elementary and secondary schools, which includes schools on military bases. 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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