Healthy School Environments: Local Education Agency Responsibilities Under the Asbestos Hazard Response Act (AHERA)

The United States Environmental Protection Agency (EPA) is reaching out to local education agencies (LEAs) to remind you of your responsibilities under the Asbestos Hazard Emergency Response Act (AHERA). AHERA and its regulations require public school districts and non-profit private schools, including charter schools and schools affiliated with religious institutions, to inspect their schools for asbestos-containing building materials, to prepare management plans and to take action to prevent or reduce asbestos hazards. State requirements may vary. Contact your state agency for more information. These legal requirements are founded on the principle of “in-place” management of asbestos-containing material (ACM). Removal of ACM is not usually necessary unless the material is severely damaged (friable), assumed to be damaged, or will be disturbed by a building demolition or renovation project.

The following are LEA Responsibilities Under AHERA:

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Designated Person

LEAs must designate a person to ensure that their responsibilities, as detailed in the regulations under AHERA, are properly implemented.

  • The LEA must verify that this individual (the AHERA designated person) has received proper training. The individual is not required to be a licensed asbestos consultant/professional and there is no required training courses for the designated person; however, the EPA has developed a "Designated Person's Self-Study Guide" that details the required specific background knowledge the designated person my must have which include:
    • Basic knowledge of the health effects of asbestos,
    • Be able to identify and assess asbestos containing material,
    • Knowledgeable of options for controlling asbestos-containing material,
    • Establish and maintain an asbestos management program, and
    • Adhere to relevant federal and state regulations concerning asbestos.
  • In the event that the designated person leaves his or her position, the LEA must ensure that a new individual is identified and appropriately trained to serve as the designated person.

General LEA Responsibilities

The LEA must ensure that trained and licensed professionals perform inspections and take response actions.

  • Perform an initial inspection to determine whether asbestos-containing materials are present and then re-inspect asbestos containing materials in each school not certified asbestos-free every three years. · Develop, maintain, and update an asbestos management plan and keep a copy, available for public review, at the school.
  • Provide yearly notification to parents, teachers, and employee organizations on the availability of the school's asbestos management plan and any asbestos-related actions taken or planned in the school.
  • Designate a contact person to ensure the responsibilities of the public school district or the non-profit private school are properly implemented and ensure that the individual is appropriately trained.
  • Perform a six-month surveillance of known or suspected asbestos-containing building materials and place the surveillance form in the management plan.
  • Ensure that trained and licensed professionals perform inspections and take response actions.
  • Provide custodial staff with asbestos awareness training.

Asbestos Management Plan

LEAs are required to develop, maintain and update asbestos management plans and to keep a copy at each individual school. These plans are required to:

  • Document the recommended asbestos response actions,
  • Identify the location(s) of the asbestos within the school, and
  • Any action taken to repair and remove the material.

The LEA must maintain records to be included in the Asbestos Management Plan. These records, among other things, include:

  • Name and address of each school building and whether the building has asbestos-containing building material, and the type of asbestos-containing material
  • Date of the original school inspection
  • Plan for re-inspections
  • Blueprint that clearly identifies the location of asbestos-containing building materials that remains in the school
  • Description of any response action or preventive measures taken to reduce asbestos exposure
  • Copy of the analysis of any building, and the name and address of any laboratory that sampled the material
  • Name, address, and telephone number of the “designated person” or contact to ensure the duties of the school district or non-profit private school are carried out
  • Description of steps taken to inform workers, teachers, and students or their legal guardians about inspections, re-inspections, response actions, and periodic surveillance

The Asbestos Management Plan (AMP) for schools must include a statement signed by the designated person certifying that the general responsibilities of the LEA have been or will be met.

Written Notification

At least once each school year, the LEA must provide written notification to parent, teacher, and employee organizations regarding the availability of the Asbestos Management Plan and any response actions taken or planned.

  • This notice must be dated, and a copy placed in the Asbestos Management Plan.
  • The Asbestos Management Plan must describe the steps taken to notify parents, teachers and employee organizations. Acceptable methods of notification include placing a notice in the school handbook, mailing/emailing a letter to each household, or placing an ad in a local paper.

Also, in accordance with AHERA (i.e., 40 CFR part 763.93(g)) the management plans shall be available, without cost or restriction, for inspection by representatives of EPA and the State, the public, including teachers, other school personnel and their representatives, and parents.

Periodic Surveillance

After the Asbestos Management Plan has been implemented, every six months, the LEA must conduct surveillance of known or suspected asbestos-containing building materials and place the surveillance form in the management plan.

  • The purpose of surveillance is to note any changes in the known or suspected asbestos-containing building Materials (ACBM).
  • Periodic surveillance does not need to be conducted by a licensed consultant. It is often conducted by custodial or maintenance personnel.

Custodial & Maintenance Training and Short-Term Worker Notification

All maintenance and custodial staff who may work in a building that contains asbestos-containing building materials (ACBM) must receive at least two hours of asbestos awareness training.

  • Maintenance and custodial staff conducting any activities that will result in the disturbance to ACBM must receive an additional 14 hours of training.
  • The LEA must ensure that new custodial and maintenance employees are trained within sixty days after commencement of employment.
  • The LEA must ensure that short-term workers who may come in contact with asbestos (e.g., utility repair workers) are informed of the location of ACBM.

Record-Keeping Requirements

The LEA must maintain records required by the regulations to be included in the Asbestos Management Plan. This includes:

  • Documentation related to the training provided to custodial and maintenance employees;
  • Periodic surveillance forms;
  • Dated statements regarding operations and maintenance activities;
  • A copy of the following:
    • prior inspection and/or reinspection reports;
    • the annual notice of the management plan availability;
    • all reports on response actions taken; and
    • updated asbestos management plan for each school. Sample forms are provided in EPA’s Model AHERA Management Plan for Local Education Agencies.

Sample forms are provided in EPA’s Model AHERA Asbestos Management Plan for Local Education Agencies

Personnel Working on Asbestos in Schools

Personnel working on asbestos activities in schools must be trained and accredited in accordance with the Asbestos Worker Model Accreditation Plan (MAP). Many states have accredited training programs. Please contact your state to see if your state has accredited training providers.

For the names of state asbestos contacts visit: https://www.epa.gov/asbestos/state-asbestos-contacts

States without an OSHA-approved state occupational safety and health plan must comply with EPA’s Asbestos Worker Protection Rule to protect state and local employees who may be exposed to asbestos on the job.

Information about this rule is available at https://www.epa.gov/asbestos/protecting-workers-asbestos

The Toxic Substances Control Act (TSCA) Hotline

Call this hotline at (202) 554-1404 to request copies of the AHERA regulation, or any of EPA’s printed AHERA guidance materials. You can also send questions to the hotline via e-mail to [email protected].

Helpful Resources

EPA Asbestos and School Buildings webpage

EPA provides information about regulatory requirements, guidances, and links to other related sources of assistance.

https://www.epa.gov/asbestos/asbestos-and-school-buildings

AHERA Designated Person Training Webinar Series

EPA Asbestos Hazard Emergency Response Act (AHERA) Webinar Training Series: How to Manage Asbestos in School Buildings. EPA hosted a four-part webinar training series to assist schools with understanding their federal regulatory responsibilities under AHERA.

https://www.epa.gov/asbestos/asbestos-and-school-buildings#resources

Integrated Pest Management (IPM) and Asbestos Management for School Facilities Refresher Training

Two-part refresher training: IPM Refresher Training - The refresher training will provide schools with approaches and activities to promote and support Integrated Pest Managment programs; AHERA Refresher Training will assist schools with understanding their federal regulatory responsibilities. This refresher training along with Part 1: Introduction to Asbestos Training video can help AHERA Designated Person, maintenance and custodial staff meet training requirements demonstrated in (§ 763.84 General local education agency responsibilities and § 763.92 Training and periodic surveillance).

https://www.youtube.com/watch?v=zXytObB7A1o

Self-Audit Checklist for Designated Persons

This AHERA Asbestos Management Plan (AMP) Self Audit Checklist for Designated Persons (DP) is designed to help the DP determine whether or not the school has an up-to-date compliant AMP.

https://www.epa.gov/sites/production/files/2015-01/documents/ampauditchecklist.pdf

ABCs of Asbestos in Schools

This guidance helps LEAs achieve compliance with regulations governing asbestos-containing materials in schools (40 CFR Part 763).

https://www.epa.gov/sites/production/files/documents/abcsfinal.pdf

Model Asbestos Management Plan

This US EPA document provides step-by-step instructions for developing an asbestos management plan under AHERA.

https://www.epa.gov/asbestos/model-ahera-asbestos-management-plan-local-education-agencies

The EPA Healthy School Environments Homepage

The EPA Healthy Schools website provides a variety of resources and information to help support healthy and productive school environments for our nation’s children. Children can spend 90 percent of their time indoors and much of that time is spent in school. Unhealthy school environments can affect children’s health, attendance, concentration, and performance. Healthy school environments should be addressed and integrated within the education system to foster children’s health and academic achievement.

https://www.epa.gov/schools

Model K-12 School Environmental Health Program Guidelines

The model K-12 school environmental health program was developed as a tool for schools and school districts to use in planning specific actions they can take to implement their own school environmental health program. Whether a school or school district is in the planning stages of implementing its first school environmental health program or has a successful program in place, the model program has information and resources to support their efforts.

https://www.epa.gov/schools/appendix-model-program-state-school-environmental-health-guidelines

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Last updated on August 5, 2024