Laws & Regulations
-
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…
-
Are persons who conduct the asbestos portion of an environmental assessment required to be certified under the Asbestos Model Accreditation Plan (MAP) if they do not collect asbestos samples?
Yes. If a person is conducting an environmental assessment that includes the identification and assessment of asbestos containing building materials either in a regulated school or public or commercial building, AHERA requires that such a person be properly trained and accredited as an inspector, regardless of whether or not the…
-
What are some uses of Vermiculite?
Vermiculite has been used in various industries for over 80 years. It is used in the construction, agricultural, horticultural and industrial markets. Examples of products that contain vermiculite include potting soil mixes, loose fill insulation, and packing material. For more information, visit the EPA webpage: Protect Your Family from Asbestos-Contaminated…
-
How many samples do you have to take for friable miscellaneous material under the Asbestos Hazard Emergency Response Act (AHERA)?
40 CFR part 763.86(c) says that “an accredited inspector shall collect bulk samples [plural] from each homogeneous area of friable miscellaneous material that is not assumed to be asbestos containing material.” Therefore, at least two samples must be taken. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School…
-
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…
-
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…
-
Under the Asbestos Hazard Emergency Response Act (AHERA), when acquiring samples of multi-layered material such as wallboard, do you sample both the wallboard and the joint compound as separate materials or can you take a weighted average of both?
As stated in the January 5, 1994 Asbestos Sampling Bulletin clarification, joint compound and wallboard form a “wall system,” and the Environmental Protection Agency (EPA) therefore recommends the use of a composite analysis for this material. See 59 FR 542; see also 60 FR 65243 (1995). For joint compound (not…
-
Is a nursery/daycare center subject to the Asbestos Hazard Emergency Response Act (AHERA)?
Generally no. Nursery/daycare centers are generally not subject to AHERA because they generally do not fall within the definition of “school” under AHERA or the asbestos in schools rule. However, if a nursery/daycare center did fall within the definition of “school” (based on how a school is defined under state…
-
Is floor tile considered asbestos-containing material (ACM) under the Asbestos Hazard Emergency Response Act (AHERA) if there are contradictory results between polarized-light microscopy (PLM) and transmission electron microscopy?
For its inspection and assessment purposes, the local education agency (LEA) must first rely upon the results analyzed using the 1992 Interim PLM Method found at Appendix A to Subpart E in 40 CFR part 763, unless, it chooses to alternatively rely upon the improved “Test Method for the Determination…
-
My child's school has asbestos in it. Why aren't they taking it out?
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 through the development and implementation of an asbestos management plan. The local education agency can safely and…
-
Under AHERA, does picking up nonfriable asbestos-containing floor tiles for the purposes of disposal constitute "disturbance" of asbestos-containing building material (ACBM) and therefore would require 14-hour training?
Yes. Custodial and maintenance staff who conduct any activity that results in the disturbance of ACBM must receive the 14-hour training in addition to the 2-hour awareness training. (40 CFR part 763.92(a)(2)). Only custodial or maintenance staff that have had 16 total hours of training can pick-up and dispose of…
-
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)…
-
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…
-
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…
-
Is each individual school required to keep a complete updated copy of its asbestos management plan pursuant to the Asbestos Hazard Emergency Response Act (AHERA) in its administrative office?
Yes, each school is required to maintain in its administrative office a complete, updated asbestos management plan for that school. (40 CFR part 763.93(g)(3)). 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…
-
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…
-
Was my school required to be inspected for asbestos?
Yes, unless the building architect or project engineer responsible for the construction of the school building certified in writing that no asbestos materials were used in the building’s construction. Otherwise, all public and non-profit private primary and secondary schools need to be inspected for asbestos. The results of the inspections…
-
I'm interested in becoming an Asbestos Model Accreditation Plan (MAP)-accredited training course provider. Where can I acquire the Environmental Protection Agency (EPA) Model training course materials?
You can purchase the EPA Model training course materials from the National Technical Information Service . 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
-
Is the school district required to do anything about asbestos in its school buildings?
Yes. The Asbestos Hazard Emergency Response Act (AHERA) was passed by Congress in 1986. AHERA requires public school districts and non-profit private schools to inspect their schools for asbestos-containing building material and prepare management plans which recommend the best way to reduce the hazard from any asbestos-containing materials that may…
-
Are persons who collect asbestos bulk samples on an infrequent or occasional basis subject to Asbestos Model Accreditation Plan (MAP) inspector accreditation requirements?
Yes. Persons who collect asbestos bulk samples for the purpose of using those samples to determine the presence or location of asbestos containing building materials (ACBM) or to determine the condition of ACBM must be accredited as inspectors. The frequency at which these samples are taken is not a factor…