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If, during a periodic surveillance check, a custodian finds damaged thermal system insulation, what must be done under the Asbestos Hazard Emergency Response Act (AHERA)?

40 CFR part 763.90(b) states that “[i]f damaged or significantly damaged thermal system insulation ACM is present in a building, the local education agency shall:

  • At least repair the damaged area;
  • Remove the damaged material if it is not feasible, due to technological factors, to repair the damage; and
  • Maintain all thermal system insulation ACM and its covering in an intact state and undamaged condition.”