South Carolina 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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Description

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

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FAQ

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.

The Regulations give minimum standards for protecting employees from risks associated with exposure to asbestos. The Regulations came into force on 6 April 2012, updating and replacing the previous 2006 law.

Examples of OSHA standards include require- ments to provide fall protection, prevent trenching cave-ins, prevent exposure to some infectious diseases, ensure the safety of workers who enter confined spaces, prevent exposure to such harmful substances as asbestos and lead, put guards on machines, provide respirators or ...

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.

Employers must ensure that no employee is exposed to an airborne concentration of asbestos in excess of 0.1 f/cc as an 8-hour time-weighted average (TWA). In addition, employees must not be exposed to an airborne concentration of asbestos in excess of 1 f/cc as averaged over a sampling period of 30 minutes.

You must obtain a permit from the Department prior to the demolition activity.

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 .

What do the OSHA Standards Say? OSHA standards fall into four categories: General Industry, Construction, Maritime, and Agriculture.

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.

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. .

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