The Asbestos Hazard Emergency Response Act (AHERA) does not require that public and commercial buildings be inspected for asbestos. If the owner/operator of such a building elected to have an inspection performed, then the inspection must be performed by an accredited individual. If the owner/operator of such a building undertakes a demolition or renovation activity and the building is an asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) regulated facility, it would be subject to the asbestos NESHAP regulations and a thorough inspection for the presence of asbestos would be required.
Is a state agency in violation of asbestos regulations pursuant to the Asbestos Hazard Emergency Response Act (AHERA) if it chose, as a matter of policy, not to consider asbestos in its safety inspections?
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