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How often must owners or operators of stationary sources subject to the risk management program regulations perform compliance audits? The regulations at 40 CFR §§68.58(a) and 68.79(a) state that owners or operators must certify that they have evaluated compliance with the applicable prevention program provisions at least once every three…
The incident investigation provisions of 40 CFR Part 68 (§§68.60 and 68.81) require facilities to investigate incidents that resulted in or could reasonably have resulted in a catastrophic release. Are covered facilities required to perform incident investigations of releases resulting from theft of covered substances, such as anhydrous ammonia? If…
Do owners or operators of Program 1 processes have to complete a process hazard analysis? No. The Program 1 requirements do not include a process hazard analysis (40 CFR §68.12(b)). Program 3 processes require completion of a process hazard analysis (40 CFR §68.12(d)(3)) while Program 2 processes must complete a…
The prevention program requirements under 40 CFR Part 68, Subparts C and D, include hazard reviews and process hazard analyses. Is a hazard review synonymous with a process hazard analysis (PHA)? No. A hazard review is different from a PHA. A hazard review is part of the Program 2 prevention…
Facilities subject to the Program 3 Prevention Program requirements in 40 CFR Part 68 must include in their Risk Management Plan the date of the most recent review or revision of hot work permit procedures in Section 7.13. What is considered hot work and what are the requirements related to…
The risk management program regulations require the owner or operator of a covered stationary source to develop and implement an emergency response program as described in 40 CFR §68.95, which must include an emergency response plan, emergency response equipment procedures, employee training, and procedures to ensure the program is up-to-date…
Yes. The asbestos management plan must be updated with information collected during periodic surveillance every 6 months, re-inspections every 3 years, and every time a response action is taken within the school. Also, records of annual notifications to parents, teachers, and staff concerning the availability of the school’s asbestos management…
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…
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…
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…
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…
Contiguous portions means areas directly adjacent to one another that are part of the same functional space. The intent of 40 CFR part 763.90(i)(6) is to prevent an LEA from artificially dividing up a large project so as to avoid the TEM requirement. For example, a local education agency (LEA)…
Non-friable asbestos-containing material is made friable if, when dry, it may be crumbled, pulverized, or reduced to powder by hand pressure. 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…
Vermiculite is the mineralogical name given to hydrated laminar magnesium-aluminum-iron silicate that resembles mica in appearance. All vermiculite ores contain a range of other minerals that were formed along with the vermiculite in the rock. Vermiculite ores from some sources have been found to contain asbestos minerals but asbestos is…
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…