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My school district will be performing asbestos abatement in a kindergarten classroom that was built before 1978. Do the asbestos abatement workers also need to comply with the RRP rule? 

If the asbestos abatement disrupts over six square feet of painted surface per room in an interior, or over 20 square feet of painted surface on an exterior, or involves window replacement or demolition of painted surfaces.

I have changed my brakes in the past, should I be worried about asbestos exposure?

Under the disclosure regulation, the rule does not identify mortgage lenders as liable parties.

What training is the designated person required to have?

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 she must have some minimal training.

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.

A school building burns down. A local education agency (LEA) wants to use a local community center under the authority of an LEA for 6 months due to the emergency. Does this temporary school building have to be inspected?

In the event that emergency use of an uninspected building as a school building is necessitated, such buildings shall be inspected within 30 days after commencement of such use.

A school building includes a covered exterior hallway or walkway. Is this covered exterior hallway or walkway covered by the asbestos-containing materials in schools rule? If so, does this include both the underside and roof of these areas?

Under 40 CFR part 763.83 of the asbestos in schools rule, “school building” is defined to include “[a]ny portico or covered exterior hallway or walkway,” so the covered exterior hallway or walkway is covered.

A school uses a single room in a non-school building on a regular basis as a classroom for elementary and secondary education purposes during regular school hours. Is the room covered by the asbestos-containing materials in schools rule?

The single room used by the school on a regular basis as a classroom is covered by asbestos-containing materials in schools rule (40 CFR part 763, subpart E), in addition to the hallways and bathrooms used by the school children.

Are private for-profit schools included under the Asbestos Hazard Emergency Response Act (AHERA)?

Private for-profit schools are not covered under AHERA. This is a statutory exemption.

Are churches or sanctuaries that are under the local education agency's (LEA's) authority, which are attended by students for religious worship purposes during normal school hours, required to be inspected?

When the church is under the authority of an local education agency (LEA) and is used for school instruction it must be inspected and included in the management plan.

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.

Are schools supposed to notify parents if their child attends a school that has asbestos in it?

The asbestos-containing materials in schools rule, pursuant to the Asbestos Hazard Emergency Response Act (AHERA), requires local education agencies (e.g., school districts) to notify building workers (including teachers) and parents annually

Are schools within a local education agency with no asbestos-containing building material (ACBM) relieved of the annual notification requirements at 40 CFR part 763.84(c)?

The annual notification regarding the availability of the school's management plan must continue indefinitely to parent, teacher, and employee organizations (or, in the absence of any such organizations, to the relevant group).

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.