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Displaying 106 - 120 of 141 results
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What training is the designated person required to have?
A local education agency (LEA) is required to designate a person to ensure that all LEA responsibilities and/or requirements are properly implemented (40 CFR part 763.84(g)(1)). The LEA’s designated person is not required to be “accredited” as the term is used in the asbestos in schools rule; nonetheless, he or…
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When conducting an asbestos abatement operation that is not a small-scale, short-duration project, what amount of asbestos-containing material triggers the requirement to use Asbestos Model Accreditation Plan-accredited workers?
Response actions other than a small-scale, short-duration project must be designed and conducted by Asbestos Model Accreditation Plan (MAP)-accredited persons. See 40 CFR part 763.90(g). Additionally, the asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP), Occupational Safety and Health Administration (OSHA), state and local training requirements may apply. Other…
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When reviewing an Asbestos Model Accreditation Plan (MAP) course completion certificate, what are the identifying characteristics to ensure that the certificate is from a certified instructor presenting a certified course?
Training providers (or a state, directly) must issue unique numbered certificates to students who pass a particular training course examination. The numbered certificate should include the name of the student and the course completed, the dates of the course and the examination, a statement indicating that the student completed the…
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Does dry wall or sheet rock contain asbestos?
There is no way to know whether these materials contain asbestos without having them tested. If you are concerned those materials in your home may contain asbestos and the materials are damaged (frayed, falling apart) or if you are performing a renovation that will disturb the material, consult with a…
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Many local education agencies (LEAs) intend to select certain person(s) who are permanent employees of the district to become accredited asbestos professionals under the Asbestos-containing Materials in Schools Rule. Does EPA see this as a problem?
Generally, no. The conflict-of-interest provision in the asbestos-containing materials in schools rule, which merely requires LEAs to “consider” conflict of interest issues, primarily pertains to outside contractors who serve in two or more capacities (see rule preamble discussion at 52 FR 41836). LEAs retain the option of using their own…
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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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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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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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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 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 private for-profit schools included under the Asbestos Hazard Emergency Response Act (AHERA)?
No. Private for-profit schools are not covered under AHERA. This is a statutory exemption. 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
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Does cutting hatchways into ceilings where small amounts of asbestos is disturbed for purposes of mounting fire alarm components in a school fall within the scope of small-scale, short-duration activities under the Asbestos Model Accreditation Plan?
Yes, if the activity is required in the performance of an emergency or routine maintenance activity not intended solely as an asbestos abatement. Additionally, such work must be done and contained in a single prefabricated mini-enclosure (Appendix C to 40 CFR part 763, subpart E). Other Frequent Questions about Asbestos…
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Who is responsible, the school or the landlord, for complying with AHERA?
A public school district leases space from a non-school group (e.g., corporation, YMCA, etc.) to use as a school building. The local education agency (LEA) is responsible for complying with the rule. Under the Asbestos Hazard Emergency Response Act (AHERA) section 202(7), the following are LEAs: “the public authority legally…
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40 CFR part 763.92(a)(1) and (2) of the asbestos-containing materials in schools rule refer to 2-hour training and 14-hour training. Where can the workers receive this training?
EPA anticipates that local education agencies (LEAs) will use a variety of resources to train custodial staff. Private consultants, LEA staff, local colleges and labor groups are potential sources of instructors for O&M training. 40 CFR part 763.94(c) of the asbestos in schools rule requires LEAs to keep specific information…
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Does a home seller have to disclose to a potential buyer that a home contains asbestos? What about vermiculite?
Federal law does not require the seller to disclose to a buyer that their home contains asbestos or vermiculite. State or local requirements may require disclosure. Contact your state about such requirements. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of…
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