40 CFR 763 Subpart E: EPA AHERA Asbestos in Schools

Regulatory citation: 40 CFR Part 763, Subpart E, Asbestos-Containing Materials in Schools (Asbestos Hazard Emergency Response Act)

What Is the AHERA Schools Rule?

Subpart E implements the Asbestos Hazard Emergency Response Act (AHERA). It requires local education agencies (LEAs) to find, assess and manage asbestos-containing building material (ACBM) in elementary and secondary schools. An LEA includes a public school district, the owner of a nonpublic, nonprofit school and certain Defense Department schools.

Asbestos-containing material means material containing more than 1 percent asbestos. Friable material can be crumbled, pulverized or reduced to powder by hand pressure when dry.

Why AHERA Matters

Many older schools contain asbestos in pipe insulation, ceiling plaster and floor tile. Damaged or disturbed material can release fibers that cause lung disease and cancer. AHERA keeps that material identified, monitored and controlled.

Core Requirements

1. Designate a Trained Person (763.84)

Each LEA must designate a person to make sure its AHERA duties are carried out, and that person must receive adequate training. The LEA must also make sure custodial and maintenance staff are properly trained and must consider conflicts of interest when hiring accredited personnel.

2. Inspect Before Use and Reinspect Every 3 Years (763.85)

Inspections must be done by an accredited inspector. Buildings leased or acquired for school use after October 12, 1988 must be inspected before use, or within 30 days after an emergency use begins. Reinspection is required at least once every 3 years after a management plan is in effect.

3. Sample and Assess Suspect Material (763.86 and 763.88)

Inspectors take a minimum number of bulk samples per homogeneous area, for example at least 3 for surfacing material in areas of 1,000 square feet or less. An area counts as non-ACM only if all samples show 1 percent asbestos or less. The inspector then assesses the condition of friable known or assumed ACBM.

4. Take Response Actions (763.90)

Response depends on condition. Damaged thermal system insulation must be repaired, or removed if repair is not feasible. Significantly damaged friable material requires isolating the area and restricting access, then removal or enclosure or encapsulation if that is sufficient. Clearance air sampling is required after removal, encapsulation or enclosure projects, other than small-scale, short-duration work. Samples are analyzed by transmission electron microscopy, although phase contrast microscopy may be used for projects up to 160 square feet or 260 linear feet.

5. Run an Operations and Maintenance Program (763.91)

An O&M program is required whenever friable ACBM is present or assumed in a building. It covers cleaning, work practices and fiber release episodes. A minor fiber release involves 3 square or linear feet or less, and a major release involves more than 3.

6. Train Staff and Conduct Surveillance (763.92)

Maintenance and custodial staff need at least 2 hours of awareness training, and new staff must be trained within 60 days of starting. Staff who will disturb ACBM need 14 additional hours. Periodic surveillance of known or assumed ACBM is required at least once every 6 months.

7. Keep a Management Plan and Notify Annually (763.93)

Each school needs a management plan with inspection, assessment, response action, training and other records. Copies must be kept at the LEA administrative office and at each school's office, and made available for inspection within 5 working days of a request. The LEA must notify parent, teacher and employee organizations about the plan at least once each school year.

8. Label Material in Maintenance Areas (763.95)

Post warning labels next to ACBM in routine maintenance areas, such as boiler rooms, until the material is removed. The label reads: CAUTION: ASBESTOS. HAZARDOUS. DO NOT DISTURB WITHOUT PROPER TRAINING AND EQUIPMENT.

Common Compliance Approaches

Keep a Surveillance Calendar

Schedule 6-month surveillance and 3-year reinspections for each building, and file results in the management plan.

Control Work Orders

Require the designated person to review any work order that may disturb known or assumed ACBM before it starts.

Example: AHERA Compliance in Practice

A school district with twelve buildings assigns its facilities director as the AHERA designated person. Custodians in each building complete 2-hour awareness training, and two maintenance technicians complete the extra 14 hours. In October, the district sends its annual notice to parent and teacher groups. During 6-month surveillance, the director finds damaged pipe insulation in a boiler room and has an accredited contractor repair it under the O&M program.

Related regulations: EPA Asbestos NESHAP, OSHA Respiratory Protection, EPA Lead RRP Rule.

Note: Worker protection during school asbestos work follows the OSHA construction asbestos standard (29 CFR 1926.1101) or 40 CFR 763.120. Some states administer AHERA under an EPA waiver and may add requirements.

Frequently Asked Questions

Does AHERA apply to private schools?

Yes, for nonprofit schools. The owner of a nonpublic, nonprofit elementary or secondary school is treated as an LEA.

How often must schools be reinspected?

At least once every 3 years by an accredited inspector, with periodic surveillance at least every 6 months.

Who can see the management plan?

Parents, teachers, other school staff, the public and EPA or state officials. Inspection is free and the plan must be made available within 5 working days of a request. Schools may charge a reasonable fee for copies.