The federal Asbestos Hazard Emergency Response Act - 40 CFR Part 763 (AHERA) requires all public and not-for-profit nonpublic elementary and secondary schools to inspect school facilities for the presence of asbestos-containing building materials (ACBM). This includes all buildings which are owned, leased, or otherwise used as a school building. The inspection must be conducted by a person certified by New York State as an asbestos inspector. Following, an asbestos management plan must be developed by a New York State certified asbestos management planner and maintained by the asbestos designee in the district (§763.84).
If a building has never been inspected for asbestos, a new AHERA inspection must be completed as soon as possible. AHERA requires any building leased or acquired on or after October 12, 1988, that is to be used as a school building be inspected for asbestos prior to use as a school building. In the event that the emergency use of an uninspected building as a school building is necessitated, such building must be inspected for asbestos within 30 days after the commencement of such use. (§763.93)
If a building was constructed after October 12, 1988 and has not been inspected, the architect or project engineer responsible for the construction may sign a statement that no ACBM were specified as building materials in the construction documents for that building – or to the best of their knowledge, no ACBM was used as a building material in that building. This statement must be included in the AHERA plan for that building. (§763.99(a)(7)).
All asbestos abatement work must comply with New York State Department of Labor Industrial Code Rule 56. This includes, but is not limited to, work practice rules, licensing and certification rules, notification to the Department of Labor of a planned project, and public posting to notify business occupants of an asbestos abatement project in that school. Code Rule 56 defines business occupants in schools as the faculty, staff and students attending such school. www.labor.state.ny.us/workerprotection/safetyhealth/sh56.shtm
The Environmental Protection Agency (EPA) enforces AHERA through unannounced on-site inspections and careful examinations of management plan documentation. Civil penalties of not more than $5,000 for each day during which the violation continues may be imposed by the EPA as a result of a school’s noncompliance with AHERA. (§763.97).
The recordkeeping provision in AHERA outlines key items that must be documented and retained in the plan with regards to asbestos disturbance and/or abatement activities. Duplicate records must be maintained in a centralized location in the administrative office of both the school building and district administrative office. The records that must be retained include, but are not limited to, the following items. (§763.94)
· For any major asbestos activities, records must include:
o The name, signature, and asbestos license number all individuals involved in the project
o The start and completion dates of the activity
o The exact location of the work in the building
o The specific name and address of the storage or disposal site of the asbestos.
· For any asbestos preventive measures, records must include:
o The methods used, including the reasons for selecting the methods
o The name, signature, and asbestos license number all individuals involved in the activity
o The start and completion dates of the activity
o The exact location of the work in the building
o The specific name and address of the storage or disposal site of the asbestos
· For any air samples, records must include:
o The name and signature of the person(s) who collected the samples
o The exact locations and dates where the samples were taken
o The name and address of the laboratory that analyzed the samples, including the name and signature of the person who performed the analysis, and a statement that the laboratory is accredited by the State Department of Health Environmental Laboratory Approval Program (ELAP).
· For any fiber release episodes, records must include:
o The date and location of the episode
o The method of repair
o All preventative measures and/or response actions taken
o The names of the individuals doing the work
o The specific name and address of the storage or disposal site of any asbestos removed as a result of the episode.
The AHERA management plan must include a section outlining the steps taken to inform school building occupants (faculty, staff, parents, legal guardians) about any asbestos inspections, reinspections, response actions, and post-response action activities. This includes information regarding the triennial asbestos reinspection, as well as six-month periodic surveillance activities which are planned or in progress within any school building which is leased, owned, or otherwise used as a school building. (§763.93)
Parent, teacher, and employee groups must also be notified at least once each school year of the availability of the AHERA management plan for inspection by the public, including teachers, other school personnel and their representatives, and parents. The management plan must be available during normal business hours, without cost or restriction, for inspection. The school district may however charge a "reasonable cost" to make copies of the management plan.
The management plan must include a description of steps taken to notify these organizations and a dated copy of the notification. In the absence of an organization for parents, teachers, or employees, the school district must provide written notice to that relevant group of the availability of the management plan. The district must then include in the AHERA management plan a description of steps taken to notify these specific groups.
The following resources will assist to ensure that your school is in compliance with AHERA.