Laws & Regulations
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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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Can an Asbestos Model Accreditation Plan (MAP)-accredited Contractor/Supervisor exchange that accreditation for Worker accreditation without further training?
Yes. 40 CFR part 763, subpart E, Appendix C, Unit I.B.1. of the Asbestos Model Accreditation Plan permits accredited contractor/supervisors to “perform in the role of a worker without possessing separate accreditation as a worker.” Therefore, if a state wishes to permit its accredited contractor/supervisors to relinquish their certificates in…
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Can Asbestos Model Accreditation Plan (MAP)-accredited workers and/or contractor/supervisors collect asbestos bulk samples for the purpose of inspection if they have not obtained separate inspector accreditation?
No, accredited workers and contractor/supervisors are not accredited to perform inspections and must obtain separate inspector accreditation in order to collect bulk samples in order to determine the presence or location of asbestos-containing building materials. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners…
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Are state safety inspectors required to attain accreditation under the Asbestos Model Accreditation Plan (MAP)?
Yes, any person who inspects for asbestos-containing material (ACM) in a school building under the authority of a local education agency (LEA) or in a public or commercial building must be accredited. Toxic Substances Control Act (TSCA) Section 206(a). Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School…
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Can training providers streamline Asbestos Model Accreditation Plan (MAP) reaccreditation by offering a single refresher course that would meet the update requirements for two or more of the basic courses in a combined fashion?
No, each refresher course shall correspond to only one Asbestos Model Accreditation Plan (MAP) training discipline. Each accredited refresher training course must be specific to that distinct discipline, and cannot be combined with any other training during the term of the refresher course. Other Frequent Questions about Asbestos Learn About…
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Under the Asbestos Hazard Emergency Response Act (AHERA), is the installation of carpet over damaged A/V floor tile an enclosure?
No. An enclosure is defined in 40 CFR part 763.83 of the asbestos in schools rule as “an airtight, impermeable, permanent barrier around asbestos-containing building material (ACBM) to present the release of asbestos fibers into the air.” Carpeting is not impermeable, permanent, or airtight. Other Frequent Questions about Asbestos Learn…
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Nitrogen Dioxide Designations - Final Designations for 2010 Standard
Based on the most recent air quality monitoring data (2008-2010), EPA has designated all areas of the country as unclassifiable/attainment.
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Under the Asbestos Hazard Emergency Response Act (AHERA), how does one determine the amount of air to sample for the phase contrast microscopy (PCM) analysis to maintain a limit of quantification of 0.01 f/cm3?
Follow the procedure in the Environmental Protection Agency (EPA) Silver Book, or “Measuring Airborne Asbestos Following an Abatement Action (EPA-600/4-85-049)” specifically outlined in Chapter 4, page 5. The volume required to reliably quantify fibers down to 0.01 f/cm3 may be calculated using the first formula on this page. Note that…
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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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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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Under the Asbestos Hazard Emergency Response Act (AHERA), are there any size or volume constraints on the amount of asbestos that can be disturbed or removed during any single small-scale, short-duration project?
Yes, size and volume constraints exist on the amount of asbestos that can be disturbed or removed during any single small-scale, short-duration project. Unit I.A.8 of Appendix C to Subpart E in 40 CFR part 763 provides some useful guidance about how to understand small-scale, short-duration activities. For example, small-scale…
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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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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…
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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…
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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…
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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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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), 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…
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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…
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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…