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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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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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Do the Asbestos Hazard Emergency Response Act (AHERA) requirements in 40 CFR part 763 mandating routine facility inspections and management plan development apply to for-profit private schools as they apply in public K-12 schools?
AHERA requirements for facility inspections and management plan development do not apply to for-profit private schools, but they do apply to non-profit private K-12 schools. This exemption for private for-profit schools was directly mandated in the enabling legislation (the AHERA statute). Other Frequent Questions about Asbestos Learn About Asbestos Asbestos…
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Do the Asbestos Hazard Emergency Response Act (AHERA) requirements for inspection and reinspection of school buildings for asbestos-containing building materials (ACBM) apply to newly installed building materials in school buildings?
Generally, the AHERA initial inspection and subsequent reinspection requirements do not apply to building materials installed after an initial inspection. If, however, an entirely new structure is being added to an existing school (e.g. a new wing or new building), this new structure does have to undergo the initial inspection…
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If a school has all asbestos-containing building material (ACBM) removed, how long do we need to keep records in the asbestos management plan pursuant to the Asbestos Hazard Emergency Response Act (AHERA)?
After all the ACBM has been removed, certain records listed under 40 part 763.94(a) can be discarded three years after the next scheduled reinspection. However, other records that are part of the management plan must be maintained indefinitely. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings…
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If my children have been in a building with asbestos, do they need to see a physician? If I taught in a building with asbestos, do I need to see a physician?
Not necessarily. Asbestos does not pose a health risk if it is managed properly. However, if you feel you may have been exposed to asbestos fibers in the air, you should consult with a physician that specializes in lung disorders or occupational exposures. Other Frequent Questions about Asbestos Learn About…
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If a private school has a daycare area, is the day care area excluded from the Asbestos Hazard Emergency Response Act (AHERA) rule and/or the whole educational facility?
If the private school is non-profit, then all parts of the facility that would be considered a school building under 40 CFR part 763.83 would be covered. Conversely, if the private school is a for-profit institution, neither the school nor the daycare center would be subject to the regulation. Other…
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Are hazardous chemicals present at rail yards subject to EPCRA 311/312?
Yes, hazardous chemicals present at rail yards are subject to EPCRA Sections 311 and 312, if they are not stored incident to transportation and they are present at the rail yard in amounts equal to or in excess of the minimum thresholds in 40 CFR 370.10(a). As explained in the…
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E-cigarette and EPCRA 311 / 312 Reporting
Are hazardous chemicals used to make e-cigarette products considered tobacco or tobacco products and thus exempt from EPCRA sections 311 and 312 reporting requirements? No. The MSDS reporting requirements under EPCRA Section 311 and Chemical Inventory (i.e., Tier II) reporting requirement under EPCRA Section 312 apply to owners and operators…
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What is a reactive and non-reactive solid EHS?
Reactive solid means any extremely hazardous substance denoted with “a” in the “Notes” column in Appendix A or B of 40 CFR 355. Reactive solids are more likely than other solids to be dispersed into the air due to the energy or heat created from their reactivity with water or…
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How did states form their SERCs?
How are States expected to form their State Emergency Response Commission (SERC) as required under Title III? States are required to establish a State Emergency Response Commission (SERC) under Title III. The SERC may consist of existing emergency response organizations or may be an entirely new mechanism to address this…
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Agricultural use exemption and chemicals used for fish farming
Sections 311 and 312 require facility owners or operators to submit Material Safety Data Sheets (MSDSs) and annual inventory reports for any hazardous chemical subject to OSHA's Hazard Communication Standard (29 CFR §1910.1200(c)) which is present at a facility above a reportable threshold (40 CFR §370.10) . An owner or…
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Hazardous chemicals used in animal digestors or incinerators
Are hazardous chemicals used in equipment, such as an animal carcass digestor or incinerator, located on the grounds of a medical or veterinary facility exempt from the definition of hazardous chemical and, therefore, exempt from reporting under EPCRA Sections 311 and 312? Any substance to the extent it is used…
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Agricultural use exemption and fuels
Does the agricultural use exemption, Section 311(e)(5), apply to fuels used by harvesting services to transport crops from the farm to the market or the food processor? Does the agricultural use exemption apply to the fuel used by the farmer to transport crops from the farm to the market or…
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Release notification for release at Superfund site
Would the National Response Center (NRC) need to be notified of a release of a hazardous substance in an amount equal to or exceeding a Reportable Quantity (RQ) at a Superfund site during cleanup activities? Yes. Unless otherwise exempted from CERCLA section 103 notification requirements, a release of a hazardous…
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