Laws Governing Asbestos

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Laws Governing

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In this section you will learn:
What the AHERA regulation does
What NESHAPS means
About the EPA Worker Protection Rule
Permissible exposure limits
What the Kansas Department Of Health and Environment regulates

 

Federal and State Regulations

Concerning asbestos, public and private schools in Kansas are regulated by the Environmental Protection Agency and the State of Kansas.  On October 22, 1986, Congress promulgated the Asbestos Hazard Emergency Response Act (AHERA), Public Law 99-519. AHERA mandated that EPA develop regulations to respond to asbestos in schools. On October 30, 1987, EPA promulgated the Asbestos-Containing Materials in Schools Rule (hereinafter referred to as the AHERA Rule), 40 CFR Part 763, Subpart E. This rule requires that all of the nation's nonprofit elementary and secondary schools, both public and private, inspect their school buildings for asbestos-containing building materials (ACBM), develop a plan to manage the asbestos for each school building, notify parents and staff regarding management plan availability, provide asbestos awareness training to school maintenance and custodial workers, and other requirements.

The governing authority responsible for AHERA compliance is the Local Education Agency (LEA). "Local Education Agency" means either any local educational agency as defined in Section 198 of the Elementary and Secondary Education Act of 1965 (often called school district), the owner of any private, non-profit elementary or secondary school building, or the governing authority of any school operated under the Defense Department's education system. 

We are regulated by AHERA, Workers Protection Rule, NESHAPS, and the Kansas Department of Health and Environment. Below is a synopsis of what the varying regulations require.

EPA Asbestos Hazard Emergency Response Act (AHERA)

AHERA applies only to schools.  This law requires schools to:

1.  Inspect buildings for asbestos by October 12, 1988:

EPA-accredited inspector must identify all asbestos and determine its condition.
EPA-accredited management planner must develop management plan with protective measures.
Repair or remove any asbestos that presents a health hazard, take steps to maintain any remaining asbestos in good condition.
Provide employee training.
Inform employees and parents of steps the school is taking to protect people from the asbestos. 

2.  Reinspections every 3 years since original management plan went into effect (July 9, 1989):

Inspector must reinspect all known and assumed asbestos and determine its condition.
Management planner must recommend protective measures.

3.  Management Plan & Response Actions:

Schools must make the management plan available for public inspection and implement protective measures in a timely manner. Protective measures include:

removal
encapsulation
enclosure
repair
operations & maintenance.

4.  Annual Notification:

School must notify employees and parents annually that the management plan is available for inspection and whether any asbestos related activities are planned for the year.

5.  Short-Term Worker Notification:

School must notify short-term workers (utility repairmen, contractors, etc.) of the location of asbestos in buildings.

6.  LEA Designated Person:

School must designate an employee to be responsible for implementing the management plan.

7. Training:

School must provide 2-hr asbestos training to custodial and maintenance employees who work in buildings that contain asbestos, and an additional 14-hr training to employees who will disturb asbestos.

8. Periodic Surveillance:

Every 6 months, school must check condition of all known and assumed asbestos.

9. Record keeping:

School must maintain detailed records of asbestos-related activities.

10. Warning Labels:

School must attach warning labels adjacent to asbestos in routine maintenance areas (such as boiler rooms).

 

EPA Worker Protection Rule 40 CFR 763.121 (App. B to Subpart E for small-scale, short duration)

This law is based on OSHA regulations.

This law specifies how much asbestos a worker can be exposed to; various workplace practices; medical monitoring; worker protection and training requirements.

 The law only applies to school employees who repair, remove, or otherwise disturb friable asbestos as part of their work.  It does not apply to custodial employees who only clean or work in the vicinity of asbestos.

1.  Permissible Exposure Limits

Specifies how many asbestos fibers an employee can be exposed to, based on samples of air at the worksite. Current PEL is 0.2 fibers per cubic centimeter of air, based on measurements taken over an 8 hour time period.

What does this mean? If you are working at a moderate pace and have healthy lungs, you are breathing about 25 liters of air per minute. If you are exposed to the PEL of 0.2 f/cc for 8 hours, you will inhale over 2 million asbestos fibers. SAME SIZE AS A DROP OF WATER.

2.  Respiratory Protection, Medical Monitoring, Training, Know Your Rights

EPA enforces strict procedures to protect employees when they disturb asbestos:

 Employees must wear respirators and protective clothing when disturbing asbestos.
School must enclose and restrict access to areas where asbestos work is taking place.
Employees must follow special work practices and use various controls when performing asbestos work.
Employees must follow special decontamination procedures before leaving an asbestos work area.
The asbestos work area must be cleaned using special procedures after the work is finished.
School must provide special training to employees who disturb asbestos.
Employees must be provided with annual medical examinations. Schools must keep detailed records of asbestos repair and removal jobs.
There are certain exemptions to these rules depending on the amount of asbestos being disturbed (< 3 ft.).

 

National Emissions Standards for Hazardous Air Pollutants (NESHAPS)

NESHAPS is designed to prevent "visible emissions" of asbestos when buildings are renovated or demolished.  This law applies to state and local government, private businesses, etc.

 NESHAPS requirements:

Before a building is renovated or demolished, it must be inspected for asbestos.
EPA and state agencies must be notified before a building is demolished (whether or not asbestos is present) or renovated (if friable asbestos is present).
Asbestos must be removed according to special methods. For instance, asbestos is usually wetted to control the release of fibers during demolition and renovation.
Asbestos must be disposed in leak tight containers while wet.
Containers must be marked with special EPA labels.
Waste must be buried within 24 hours.

 

Kansas Department of Health and Environment (KDHE) Regulations

KDHE regulates asbestos removal, encapsulation, dismantling, and demolition projects.

 KDHE has requirements for:

licensing and certification
worker training
notification
work practices
waste disposal.

 

KEY POINTS

EPA Regulations

Asbestos Hazard Emergency Response Act (AHERA)

AHERA applies to public and private elementary and secondary schools. AHERA requires schools to:

inspect buildings for asbestos
repair or remove any asbestos that presents a health hazard
take steps to maintain any remaining asbestos in good condition
provide employee training
inform employees and parents of measures being taken to protect people from asbestos.

Worker Protection Rule

The worker protection rule applies to state and local government employees who disturb friable asbestos (other than small-scale, short-duration projects). The rule specifies:

permissible exposure limits
safe work practices and controls
medical monitoring
training requirements.

National Emissions Standards for Hazardous Air Pollutants (NESHAPS)

NESHAPS requires public agencies and private businesses to prevent "visible emissions" of asbestos when buildings are renovated or demolished. During renovation and demolition, NESHAPS requires:

inspections
notification of EPA and state agencies
removal of asbestos
proper disposal of asbestos waste.

State Regulations

Kansas Department of Health and Environment (KDHE) Regulations

KDHE regulates asbestos removal, encapsulation. dismantling, and demolition projects.

KDHE specifies requirements for:

licensing and certification
worker training
notification
work practices
waste disposal.

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