Laws & Regulations
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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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Are the school district's administrative offices (such as the Board of Education or the Superintendent's Office) covered by the Asbestos Hazard Emergency Response Act (AHERA), even if students never attend classes in these buildings?
Yes. Among the structures covered in the definition of “school building” in AHERA (section 202) and in the asbestos in schools rule (40 CFR part 763.83) are "... any other facility used for the instruction or housing of students or for the administration of education or research programs." Other Frequent…
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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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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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Does the Asbestos Model Accreditation Plan (MAP) require that a written design plan be prepared by an accredited project designer before a covered response action begins inside a school or public and commercial building?
No, the MAP does not explicitly mandate written design plans for covered response actions in a school or public and commercial building. However, EPA strongly recommends preparation of a written design plan before undertaking a response action. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information…
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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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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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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…
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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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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…
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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 my school district know where the asbestos in its school buildings is located?
They are required to know and to describe where the material is located in the asbestos management plan, and also to monitor and record any change in its condition that might pose a potential safety risk. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for…
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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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Are schools supposed to notify parents if their child attends a school that has asbestos in it?
Yes. The asbestos-containing materials in schools rule, pursuant to the Asbestos Hazard Emergency Response Act (AHERA), requires local education agencies (e.g., school districts) to notify building workers (including teachers) and parents annually regarding asbestos-related activities such as asbestos inspections, and response actions (abatement). The local education agency must also annually…
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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…
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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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Region 4 Office
EPA Region 4 covers Georgia, Kentucky, North Carolina, South Carolina, Alabama, Mississippi, and Florida.
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National Vehicle and Fuel Emissions Laboratory (NVFEL)
NVFEL is the primary EPA research laboratory used for fuel and emissions testing. The laboratory supports emission standards for motor vehicles, engines, and fuels, as well as the development of automotive technology.
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Federal Sustainability Requirements and Guidelines
This page contains a list of federal requirements and guidance related to the reduction of greenhouse gas emissions, water and waste at its facilities.
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EPA Sustainability Progress
This page describes how EPA meets or exceeds Executive Orders and laws requiring federal greenhouse gas (GHG) emission reductions, energy efficiency, water conservation, sustainable buildings.