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Air Indoor Resources - Asbestos

Common Asbestos Violations

The Official Notices of Noncompliance correspondences that have been received from the Environmental Protection Agency (EPA) in the last two years are formatted as follows:

Based upon an inspection performed on {DATE}, by an authorized agent of the U.S. Environmental Protection Agency (EPA) pursuant to Section 11 of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2610, EPA finds {SCHOOL NAME} in violation of the Asbestos Hazard Emergency Response Act (AHERA), 15 U.S.C. 2624 et seq., and regulations promulgated pursuant thereto. Therefore, EPA issues this Notice of Noncompliance (NON) to the School.

The regulations referenced above are codified at 40 C.F. R. Part 763, Subpart E, which is entitled “Asbestos-Containing Materials in School.” They require local educational agencies (LEAs) such as yours to identify asbestos-containing material (ACM) and asbestos-containing building materials (ACBM) in their school buildings and take appropriate actions to control the release of asbestos fibers. LEAs are required to describe their activities in management plans, which must be made available to all concerned persons and submitted to the Governor’s designee. LEAs are required to use specially trained persons to conduct inspections for ACM and ACBM, develop asbestos management plans, and design or conduct actions to control asbestos. Although LEAs may contractually delegate these duties to certain accredited persons, LEAs remain responsible for the proper performance of those duties.

EPA has identified the following violation(s) of the regulations by the School or contractor acting on its behalf. The following is a summary of the asbestos violations that schools throughout Florida have received in the last two years:

  • 40 CFR 763.84(g)(2) failing to designate a person to ensure that the responsibilities of the LEA are carried out as defined in AHERA regulations and that the LEA designated person received adequate training to perform these duties.
  • 40 CFR 763.85(a)(1) by failing to inspect each school building they lease, own or otherwise use as a school building to identify all locations of friable and nonfriable ACBM as required by AHERA. The LEA had not conducted an asbestos inspection as required by AHERA.
  • 40 CFR 763.85(b)(1) by failing to reinspection all friable and nonfriable known or assumed asbestos-containing building material (ACBM) in each school building that they lease, own or otherwise use as a school building, at least once every three years after the management plan was in effect. No three-year reinspection reports were on file.
  • 40 CFR 763.90(b)(1) by failing to repair damaged ACM or assumed ACM. LEA failed to repair damaged floor tile in High School building.
  • 40 CFR 763.92(a)(1&2) failing to provide the two-hours of awareness training required for all maintenance and custodial staff who may work in a building that contains asbestos and 14 hours of additional training required for maintenance and custodial staff who conduct ACBM activities that will result in the disturbance of asbestos. No records were on file indicating maintenance and custodial staff had received awareness training.
  • 40 CFR 763.92(b)(1) by failing to conduct a periodic surveillance in each building that it leases, owns or otherwise uses as a school building that contains ACBM or is assumed to contain ACBM at least once every six months after its management plan was in effect. No records were on file indicating the periodic surveillance had been conducted.
  • 40 CFR 763.93(d) by failing to update its management plan to keep it current with on going operations and maintenance, periodic surveillance, inspection, reinspection, and response action activities. The School asbestos plan on file did not contain all current information as required by AHERA.
  • 40 CFR 763.93(e) by failing to develop a management plan that contains all the information required by the AHERA regulations for each school building that is leased, owned, or otherwise used as a school building. The LEA had not developed an asbestos management plan prior to the compliance inspection.
  • 40 CFR 763.93(g)(4) by failing to annually notify at least once each school year in writing, parent, teacher, and employee organizations of the availability of management plans, and to include in the management plans a dated copy of the notification. No records were on file indicating that the notifications had been provided.
  • 40 CFR 763.94 by failing to maintain records as required under this section in a centralized location in the administrative office of both the school and the LEA as part of the management plan.
  • 40 CFR 763.99(a)(7) by failing to obtain a copy of an asbestos exclusion letter for new construction, and to include in the management plan a copy of the exclusion letter. Exclusion letter was not on file for the School.

The correspondence continues with:
Section 207(a) of TSCA, 15 U.S.C. 2647(a) provides for assessment of civil penalties up to $5,500 per day for violation(s) of AHERA by LEAs. At this time, EPA is not assessing a penalty or taking other formal enforcement action against the School. Instead, the Agency is offering the School the opportunity to correct the above violation(s).

To take advantage of this opportunity, the School must submit a signed statement, within 30 days of your receipt of this NON which certifies that the above violation(s) have been corrected.

Contact Information

Wendy Murphy
325 West Gaines Street
Suite, 1054
Tallahassee, FL 32399
Phone: (850) 245-9295