Federal & State Regulations

On October 22, 1986, Congress put into effect the Asbestos Hazard Emergency Response Act, also known as AHERA. AHERA mandated that the Environmental Protection Agency (EPA) develop regulations to prevent asbestos fibers from being released in schools.

In response, the EPA required local education agencies (LEA) to inspect their school buildings for asbestos-containing building materials (ACBM) and develop a plan to manage the asbestos. The Hawaii Department of Health administers and enforces the AHERA regulations in Hawaii.

AHERA requires Local Education Agencies to be the governing authority responsible for compliance with the regulations.

What is a Local Education Agency (LEA)?

• Any local education agency as defined in section 198 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 3381)

• The owner or operator of any private non-profit elementary or secondary school building

• The governing authority of any school building operated under the Defense Department’s education system, provided for under the Defense Department’s Education Act of 1978

The Hawaii Department of Education is the LEA for 263 Public and Public Conversion Charter Schools.

Who Doe AHERA Protect?

AHERA protects children, staff, workers and other occupants who attend or work in public schools and private non-profit elementary and secondary schools.

AHERA - {40 CFR 763 Subpart E}, Title II of TSCA, 1986 (EPA)

AHERA applies to:

All K-12 public & private schools of Local Education Agencies (LEA)

• In Hawaii, the LEA includes all public and public conversion charter schools, 263 statewide.

Interior spaces, covered walkways, exterior portion of HVAC systems

• Requirements:

  • Inspection – Initial Inspection of school buildings and re-inspection of buildings containing ACBM every three years thereafter

  • Periodic Surveillance – Visual inspection of ACBMs and assumed ACBMs at least every 6 months

  • Training – Custodial, Designated Person, Inspector, Management Planner

  • Notifications – Annual Notification, Short-Term Worker Notification

  • Labels – Warning label on friable ACBM in maintenance areas

  • Designated Person – Responsible for maintaining an up-to-date asbestos management plan for each school

• Management Plan:

  • Prepared by accredited asbestos management planner

  • School and LEA must have copies of all management plan documents

  • Risk assessment – Management planner recommends the best way to reduce the asbestos hazard

  • Operations & maintenance plan – Provides guidance on training, cleaning, waste disposal, periodic surveillance and emergency response.

Hawaii Administrative Rule 11-502

Asbestos-Containing Materials in Schools (“11-502”)

{HAR §11-502}, Hawaii Department of Health, 2001

Hawaii implementation of AHERA

• Requirement to be at least as stringent as AHERA

• Example: minimum 3 bulk samples for each miscellaneous suspect ACM homogeneous material vs AHERA , which requires only 1 bulk sample

Hawaii Department of Health has enforcement oversight

• • • Asbestos Management Plan inspections at schools (enforcement of HAR 11-502)

–Primarily a document audit to ensure all components of the asbestos management plan are up-to-date

–May involve facility inspection

• • • Inspections during renovation & demolition (enforcement of HAR 11-501)

    • Levels of Non-Compliance

–Advisory Notice: Typically issued if documentation is incomplete, but current document requirements have been met.

–Notice of Non-Compliance: Issued if management plan is not up-to-date, including incomplete asbestos abatement records.

–Violation: May be issued if non-compliance issues are not resolved in a timely fashion.

• Example: Visual and air clearances were not done during abatement prior to re-occupancy of a school building.

Violations may be subject to fines (up to $2-10K per incident/day)

LEA Responsibilities under AHERA/HAR 11-502

1. Assign DESIGNATED PERSON (LEA-DP) responsible for management plans.

2. Have MANAGEMENT PLANS prepared by accredited management planners.

–Includes Operations & Maintenance procedures & Risk Assessment

3. Conduct INITIAL INSPECTION of all school buildings.

4. Conduct TRIENNIAL RE-INSPECTION of schools containing ACBM.

5. Provide 2 HOUR ASBESTOS AWARENESS TRAINING to custodial and maintenance workers within 60 days of hire.

6. Issue ANNUAL NOTIFICATION to workers & building occupants of ACBM-related activities & availability of asbestos management plan.

7. Conduct PERIODIC SURVEILLANCE every six months on areas containing known or assumed ACBM.

8. Have SHORT-TERM WORKER NOTIFICATION offering access to management plan.

9. Document any minor or major FIBER RELEASE EPISODES from damaged ACBM.

10. Post WARNING LABELS in maintenance areas if ACBM present.

AHERA Training Requirements

Asbestos School Hazard Abatement Reauthorization Act (ASHARA), 1990 (EPA)

• Asbestos Model Accreditation Plan:

  • Requires accredited inspectors, workers, supervisors, project designers, and management planners (schools only) when conducting asbestos activities at schools , public and commercial buildings.

AHERA-mandated Training

• Designated person training – “adequate” training

• Asbestos Building Inspector & Management Planner – 40 hours

Custodial and Maintenance staff

• 2-hour asbestos awareness training

  • For custodial and maintenance staff that encounters but does not disturb (damage) ACBMs

  • AHERA/HAR 11-502: 1-time training within 60 days of hire

  • OSHA: Annual retraining requirement, same 2 hour awareness training curriculum as AHERA

• 14-hour training:

  • Required if ACBM will be disturbed

  • Proper methods for handling ACBM

  • Respirator certification

  • Medical surveillance

  • Record keeping (30 years)