474R91101
United States Office of Toxic Substances May 1991
Environmental Protection Office of Pesticides
Agency and Toxic Substances
v>EPA Answers to the
Most Frequently
Asked Questions
About Reinspections
Under the AHERA
Asbestos-ln-Schools Rule
Printed on Recycled Paper
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Answers to the
Most Frequently Asked Questions
About Reinspections
Under the AHERA Asbestos-In-Schools Rule
This document has been prepared in response to the many inquiries that have
been received by the Environmental Protection Agency (EPA) concerning the
reinspection requirements and related provisions of the Asbestos Hazard
Emergency Response Act (AHERA) regulations.
The answers developed here represent the Agency's responses to the most
frequently asked questions on this subject. We believe most problem areas have
been addressed. However, it is likely that additional questions will occur as the
reinspection cycle gets underway. This document is not intended to cover every
conceivable query about the reinspection process. It should be used as an adjunct
to the AHERA rule for additional clarification of the regulations.
Any questions not answered by this document can be referred to the appropriate
Regional Asbestos Coordinator listed on the last page or the EPA Toxics Hotline
in Washington, D.C. at 202/554-1404.
Office of Toxics Substances
Office of Pesticides and Toxic Substances
U.S. Environmental Protection Agency
Washington, D.C. 20460
May, 1991
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REINSPECTIONS
Questions & Answers
Question 1:
Answer:
By what date must an LEA have had its school reinspected?
Under AHERA, school buildings must be reinspected every three years.
The first triennial reinspection must occur within three years after a
management plan is in effect [See Section 763.85(b)]. Each LEA was
required to develop a management plan no later than May 9,1989.
Implementation of the plan was required to begin by July 9, 1989.
Therefore, the first round of three year reinspections must be completed by
July 9, 1992.
Question 2:
Answer:
If implementation of the management plan began prior to July 9,1989,
must the reinspection take place within three years of the actual date the
plan was first implemented?
YES. The original management plan should have contained reinspection
guidelines. These guidelines should have emphasized that as part of
implementing the management plan, all reinspection information must be
incorporated into the document. If implementation of a management plan
began prior to July 9, 1989, the first reinspection should take place within
three years of the date the plan was first implemented. However, since
implementation of all management plans had to begin no later than July 9,
1989, if the date when implementation first occurred cannot be specifically
ascertained, reinspection must take place no later than July 9, 1992.
Question 3:
Answer:
If a management plan was first implemented on January 10,1989 and the
LEA had a reinspection on January 10,1992, could the second reinspection
date be extended to July 9,1995, or would it have to be done by January 10,
1995?
Section 763.85 (b) requires reinspections to be done "at least once every
three years." Therefore, the next triennial reinspection would have to be
done on or before January 10,1995, within three years of the first
reinspection.
Question 4:
Answer:
If the original inspection overlooked some asbestos-containing building
materials (ACBM) or if some areas of the building were not accounted for
in the first inspection, must the reinspection include the inspection,
assessment and documentation of these overlooked areas?
NOT REQUIRED by regulation BUT STRONGLY
RECOMMENDED BY EPA. While it is not an AHERA
requirement, we strongly urge all schools to reinspect those areas or
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materials in their buildings that may have been overlooked in their initial
school inspections.
As a result of an EPA-sponsored AHERA evaluation study and various
enforcement activities, it was discovered that, in the original inspections,
certain categories of ACBM were frequently missed by inspectors and do
not appear in many management plans. Therefore, inspectors conducting
reinspections should make sure that materials such as ceiling tile,
wallboard, plaster walls, linoleum, fire doors, duct insulation and vibration
dampening cloth, which are considered suspect ACBM, are identified and
included in the management plan.
The regulations regarding reinspections impose no requirement beyond
reinspecting the materials and areas covered in the original inspection, plus
any additional materials discovered subsequent to the original inspection;
that is, reinspection encompasses "all friable and nonfriable known or
assumed ACBM." [Section 763.85(b)(3)(i)]. EPA strongly recommends,
however, that the reinspection be thorough so that any deficiencies in the
original inspection will be addressed in the reinspection. Any actual or
assumed ACBM not previously identified that is discovered during
reinspection (or periodic surveillance) should be included in an update to
the management plan. The update must include a management planner's
recommendations for appropriate response actions based on an accredited
inspector's assessment [See Section 763.88(d)].
Question 5: If the time interval for a 6 month periodic surveillance inspection should
coincide with the date for the reinspection, can the reinspection also satisfy
the periodic surveillance requirement?
Answer: YES, since reinspection includes everything that would be covered in the
6 month surveillance.
Question 6: Is reinspection required for buildings in which no ACBM, known or
assumed, was found in the original inspection, or where abatement
subsequent to the original AHERA inspection removed all ACBM?
Answer: NO. Since the AHERA rule confines the reinspection to "all friable and
nonfriable known or assumed ACBM," reinspection is not required for
buildings which contain no ACBM. However, in accordance with Sections
763.93(d) and (e), management plans should document the asbestos
removal as a response action activity in accordance with Sections 763.94(b)
and (g); or, if applicable, contain an inspection report or architect's
statement that the building is asbestos-free; or that no ACBM was specified
in its construction [see Sections 763.99(a)(6) and (7)]. Schools that have
conducted asbestos abatement to remove all ACBM should conduct a
reinspection in case some ACBM was missed. In addition, LEAs must
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continue to appoint a "designated person," retain their management plans
indefinitely, and provide annual written notification to parent, teacher, and
employee organizations of the availability of the plan.
Question 7: Will areas of newly friable A CBM or assumed ACBM be required to
undergo initial cleaning in accordance with Section 763.91?
Answer: YES. If upon reinspection (or during a periodic surveillance) the condition
of ACBM or assumed ACBM has changed from the original AHERA
inspection to friable from nonfriable, and the building has not been cleaned
since the original inspection, the following requirements as stated in Section
763.91(c)(l) will apply: "Initial cleaning. Unless the building has been
cleaned using equivalent methods within the previous 6 months, all areas of
a school building where friable ACBM, damaged or significantly damaged
thermal system insulation ACM, or friable suspected ACBM assumed to be
ACM are present shall be cleaned at least once after the completion of the
inspection required by Section 763.85(a) and before the initiation of any
response action, other than O & M activities or repair...."
Question 8:
Answer:
AHERA requires that an an accredited management planner review the
results of each inspection and assessment. Is this also required for
reinspections?
YES. Section 763.88(d) states that "the local education agency shall select
a person accredited to develop management plans to review the results of
each inspection, reinspection, and assessment for the school building and to
conduct any other necessary activities in order to recommend in writing to
the local education agency appropriate response actions."
The review and response action recommendations are particularly important
if assessments of known or assumed ACBM have changed from the initial
AHERA inspection, or if known or assumed ACBM, previously identified
as nonfriable, has become friable.
Question 9: Must an LEA reinspect a building that is no longer in use as a school?
Answer: NO. Section 763.85(b)(l) indicates that LEAs shall conduct a reinspection
in buildings that they "lease, own, or otherwise use as a school building."
However, if the building is not being used as a school at the time its
reinspection would have occurred (even if the LEA continues to lease or
own the building), the LEA must be able to certify that it is no longer using
the building as a school. In addition, if an LEA has stopped using a
building as a school, and later decides to use the building as a school, it
must be reinspected in accordance with Section 763.85(b).
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Question 10: When must an LEA reinspect a school brought into service after October
12,1988?
Answer: Section 763.85(a)(2) requires inspection of schools brought into service
after October 12,1988 prior to use of a building as a school. Section
763.93(a)(3) requires submission of a management plan for such schools to
the Governor prior to use of the building. The management plan of a
school building brought into service after October 12,1988 would be in
effect 90 days after submission of the plan to the State Governor unless the
plan is disapproved. Reinspection must occur within 3 years of the date the
plan is in effect, that is, 90 days after submission to the Governor.
Question 11: What reinspection records must be included in the management plan?
Answer: In accordance with Section 763.85(b)(3)(vii), the following records must be
included:
• The date of the reinspection, the name and signature of the person
making the reinspection, State of accreditation, and, if applicable, his
or her accreditation number.
• Any changes in the condition of known or assumed ACBM.
• The exact locations where samples were collected during the
reinspection, a description of the manner used to determine sampling
locations, the name and signature of each accredited inspector who
collected the samples, State of accreditation and, if applicable, his or
her accreditation number.
• Any assessments or reassessments made of friable material, the name
and signature of the accredited inspector making the assessments,
State of accreditation, and if applicable, his or her accreditation
number.
In addition, the written recommendations of the management planner must
be included in the management plan [See Section 763.88(d)].
Question 12: How should assessments or reassessments made as a result of the
reinspection be documented?
Answer: Sections 763.88(a)(l) and (2) require that the accredited inspector provide a
written assessment of all known or assumed friable ACBM in the school
building, and submit a copy of the assessment to the designated person
within 30 days of the assessment. If there is no change in the material from
the initial inspection, the accredited person can simply refer to the initial
assessment.
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Question 13: What are the necessary components of an AHERA reinspection?
Answer: An accredited inspector should visually reinspect and reassess the condition
of all known or assumed friable ACBM; visually inspect previously
considered nonfriable ACBM and touch it to determine if it has become
friable; identify homogeneous areas of material that have become friable
since the last inspection; develop required records (detailed in the Answer
to Question 11) and submit such records to the LEA's designated person
within 30 days of reinspection.
Question 14: What are the required qualifications for the persons involved in the
reinspection?
Answer: The person conducting the reinspection must be accredited under AHERA
as an inspector, and his/her accreditation must be current for the period in
which the reinspection takes place. The management planner responsible
for the review of the results of the reinspection and recommendations for
response actions must be accredited as a management planner under
AHERA and his/her accreditation must be current for the period in which
the review of the reinspection takes place.
Question 15: When the management plan is revised as a result of the reinspection, does
the updated plan have to be resubmitted to the State?
Answer: NO. A management plan has to be submitted to the Governor of the State
when it is first developed. AHERA does not require subsequent updates or
other changes to the plan to be submitted to the State.
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Regional Asbestos Groups
CT, MA,
ME, NH,
Rl, VT
DC, DE, MD,
PA, VA, WV
HI
Guam
Am.Samoa
CNMI
Regional Asbestos Coordinators
Mr. James Bryson
EPA, Region I, (APT-2311)
Asbestos Coordinator
JFK Federal Bldg.
Boston, MA 02203
(617) 565-3835 — (FTS) 835-3836
Mr. Albert Kramer
EPA, Region II, (MS-500)
Acting Asbestos Coordinator
2890 Woodbridge Ave.
Raritan Depot, Bldg. 5
Edison, NJ 08837
(201) 321 -6793 — (FTS) 340-6793
Ms. Carole Dougherty
EPA, Region III, (3AM-32)
Asbestos Coordinator
841 Chestnut Bldg.
Philadelphia, PA 19107
(215) 597-3160 — (FTS) 597-3160
Ms. Sally Shaver
EPA, Region IV
Acting Asbestos Coordinator
345 Courtland St., N.E.
Atlanta, GA 30365
(404) 347-5014 — (FTS) 257-5014
Mr. Tony Restaino
EPA, Region V, (5SPP-TUB11)
Asbestos Coordinator
230 S. Dearborn Street
Chicago, IL 60604
(312) 886-6003 — (FTS) 886-6003
Ms. Carol D. Peters
EPA, Region VI. (6T-PT)
Acting Asbestos Coordinator
1445 Ross Avenue
Dallas, TX 75202-2733
(214) 655-7244 — (FTS) 255-7244
Mr. Wolfgang Brandner
EPA, Region VII, (ARTX)
Asbestos Coordinator
726 Minnesota Ave.
Kansas City, KS 66101
(913) 551-7381 — (FTS) 551-7381
Mr. David Combs
EPA, Region VIII. (8AT-TS)
Asbestos Coordinator
1 Denver Place, Suite 500
999-18th Street
Denver, CO 80202-2413
(303) 293-1442 — (FTS) 330-1442
Ms. Jo Ann Semones
EPA, Region IX, (A-4-4)
Asbestos Coordinator
75 Hawthorne Street
San Francisco, CA 94105
(415) 744-1112 — (FTS) 484-1128
Mr. Matt Wilkening
EPA, Region X, (8T-083)
Asbestos Coordinator
1200 Sixth Avenue
Seattle, WA 98101
(206) 442-8282 — (FTS) 399-8282
4/3/91
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