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

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Multi-State
Control #:
US-OL10043BB
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Word; 
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Description

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

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FAQ

In 1986, OSHA in Standard 29 CFR 1910.1001 established the current permissible exposure limit (PEL) for asbestos in the workplace: (0.1 fibers/cc of air as a time weighed average) [OSHA 2012]. PELs are allowable exposure levels in workplace air averaged over an 8-hour shift of a 40 hour workweek.

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 .

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.

Permissible Exposure Limit (PEL) for asbestos is 0.1 fiber per cubic centimeter of air as an eight-hour time-weighted average (TWA), with an excursion limit (EL) of 1.0 asbestos fibers per cubic centimeter over a 30-minute period. The employer must ensure that no one is exposed above these limits. .

All new uses have been banned since 1989 because asbestos is known to cause lung problems, including cancer, decades after high exposures. Children are not typically at risk for these diseases because they do not work in industrial settings; however, some home and school construction projects can disturb old asbestos.

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.

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.

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

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