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Arizona Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations

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This office lease clause deals with asbestos and causing the landlord to remediate asbestos during initial alterations.

The Arizona Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations is a crucial provision in rental agreements in the state of Arizona. This clause aims to safeguard tenants' health and well-being by addressing potential asbestos concerns during any initial alterations made to the property. Landlords are required to comply with state regulations regarding the presence of asbestos, ensuring a safe living environment for tenants. To understand the different types of clauses dealing with asbestos in Arizona, let's explore some relevant keywords: 1. Arizona Revised Statutes (AS): The main body of law in the state of Arizona, which includes regulations related to asbestos handling and remediation. 2. Asbestos: A naturally occurring mineral fiber known for its heat resistance and use in construction materials. Long-term exposure to asbestos can lead to serious health conditions, including lung cancer and mesothelioma. 3. Landlord: The property owner or manager who rents out a premise to tenants. 4. Tenant: An individual or business entity that rents or leases a property from a landlord. 5. Alterations: Changes or modifications made to a property to suit the tenant's needs, often carried out during the initial phase of occupancy. 6. Remediation: The process of identifying, containing, and removing asbestos-containing materials (ACMs) from a property to minimize health risks. 7. Initial Alterations: Refers to any modifications made by the tenant during the beginning of their lease period, such as renovations or remodeling. 8. Asbestos Inspection: A thorough assessment conducted by certified professionals to determine the presence and condition of asbestos-containing materials in a property. 9. Asbestos Abatement: The systematic removal or encapsulation of ACMs by certified professionals to ensure compliance with legal requirements. In Arizona, the specific clauses dealing with asbestos and causing the landlord to remediate asbestos during initial alterations can vary. However, they typically address the following key points: 1. Disclosure: The landlord must inform tenants about the presence of asbestos-containing materials in the rental property before any alterations are made. 2. Permission: Tenants may be required to seek written permission from the landlord before conducting any alterations that could potentially disturb asbestos materials. 3. Professional Inspection: The landlord might require tenants to hire a licensed asbestos inspector to assess the property for asbestos-containing materials. 4. Remediation Obligations: If asbestos is found during the inspection or alteration process, the clause may obligate the landlord to take appropriate remedial actions, including encapsulation or removal of the asbestos materials. 5. Compliance with Laws: The clause may state that the landlord will comply with all Arizona laws and regulations concerning asbestos handling, abatement, and disposal. 6. Liability and Insurance: The clause could outline the landlord's liability coverage for asbestos-related issues and may require tenants to obtain renter's insurance that covers asbestos-related damages or injuries. By having these specific Arizona clauses in rental agreements, tenants are protected from potential asbestos hazards, while landlords are legally responsible for ensuring a safe environment.

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The act establishes federal standards for mobile sources of air pollution and their fuels and for sources of 187 hazardous air pollutants, and it establishes a cap-and-trade program for the emissions that cause acid rain. It establishes a comprehensive permit system for all major sources of air pollution.

EPA also banned new uses of asbestos which prevent new asbestos products from entering the marketplace after August 25, 1989. These uses remain banned.

For major sources, Section 112 requires that EPA establish emission standards that require the maximum degree of reduction in emissions of hazardous air pollutants.

Asbestos was one of the first hazardous air pollutants regulated under the air toxics program. On March 31, 1971, EPA identified asbestos as a hazardous pollutant, and on April 6, 1973, EPA promulgated the Asbestos NESHAP, currently found in 40 CFR Part 61, Subpart M .

Clean Air Act (CAA) (42 USC § 7401 et seq.) This law defines the EPA's responsibilities for protecting and improving the nation's air quality and the stratospheric ozone layer and includes provisions for the EPA to set national emission standards for hazardous air pollutants, including asbestos.

Asbestos-containing material (ACM) means any material containing more than 1% asbestos.

Section 112(b)(1) includes an initial list of hazardous air pollutants that is composed of specific chemical compounds and compound classes to be used to identify source categories for which the EPA will promulgate emissions standards.

Asbestos exposure has been associated with serious lung diseases and cancer. See your doctor if you think you have been exposed to asbestos. Smoking increases the risk of some asbestos-related diseases. If you stop smoking, it will help to protect your health.

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Arizona Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations