Laws & Regulations
-
Under the Asbestos Hazard Emergency Response Act (AHERA), can someone collect more than five samples inside the asbestos abatement site and pick the best of the results for the clearance test?
No. An equal number of samples must be taken inside and outside the asbestos abatement site for clearance. The minimum number is five inside and five outside (40 CFR part 763.90(i)(3)). The asbestos-containing materials in schools rule does not prohibit the collection of more than five samples inside and an…
-
Can courses taught under the Asbestos Model Accreditation Plan (MAP) be taught in foreign languages?
Only the worker course can be taught in a foreign language. All other course disciplines must be taught in English. 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…
-
EPA's Notification of Rules and Regulations Regarding the Demolition of Asbestos-Containing Structures, and Related Questions and Answers
Memorandum from EPA Deputy Administrator to Assistant Administrators and Regional Administrators and attachment communicating NESHAP, CERCLA, TSCA, OSHA requirements sent recommendation of the Inspector General in Report No. 1 2-P-01 25.
-
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…
-
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…
-
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…
-
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…
-
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…
-
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…
-
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.
-
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…
-
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…
-
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…
-
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…
-
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…