Although asbestos is a mineral fiber that occurs naturally, it can be extremely dangerous. Inhaled asbestos fibers have been associated with increased risk of cancer in humans. Asbestos is particularly harmful to children. For this reason, Congress instructed EPA to develop regulations specifically addressing the hazards posed by asbestos in schools. In the Asbestos Hazard Emergency Response Act (AHERA), EPA created a model program designed to minimize the harmful effects of asbestos-containing materials present in schools by requiring the development of a management plan for dealing with asbestos contamination in each school district. AHERA also mandates the official certification of people who conduct inspections for asbestos and perform asbestos-related clean up activities.

Do These Regulations Apply to Your Community?

Yes, if your government operates a school, these regulations apply. Congress has required all public and private elementary and secondary schools to conduct inspections for asbestos-containing materials, develop asbestos management plans, and implement response actions in a timely fashion.

Actions Your Community Should Be Taking

Under the requirements of the AHERA, each local public school system and or private school must inspect every school building for both friable and non-friable asbestos-containing materials. Based on the information collected in the inspection, a management plan for managing asbestos and controlling exposure in each school must be prepared and submitted to the appropriate state agency. The management plan should include, if applicable, information pertaining to the maintenance, repair, encapsulation, enclosure, and removal of any asbestos containing-materials in the building. The plan should also designate a time frame for implementation of recommended actions. Be sure that all parents, teachers and other school employees have been notified about the asbestos inspection and make the asbestos management plan available for public review.

Only properly trained and authorized personnel should conduct inspections and develop the asbestos management plan. Authorized personnel must also conduct re-inspections of the buildings every three years.

Custodial staff, maintenance workers, and short-term employees should be given information about the location of any asbestos-containing materials. Warning labels should be posted as necessary to indicate the location of asbestos and asbestos-containing materials. You must also provide these individuals with two hours of awareness training and provide an additional 14 hours of training for employees whose duties may disturb asbestos in the building. This additional training must include instruction on proper work practices and the use of protective equipment when disturbing asbestos-containing materials.

Be sure to keeps all records of your asbestos-related activities, and make them available for public review. Also, make sure that all employees and other building occupants or their legal guardians have been informed on at least an annual basis about the availability of the asbestos management plan and all asbestos-related activities.

Timetable

According to federal law, May 9, 1989 was the deadline by which asbestos management plans should have been developed and submitted to state agencies. Each local public school district is required to update and maintain its management plans to reflect activities with ongoing operations and maintenance, periodic surveillance, inspection, re-inspection and response action activities. For several years now, EPA has indicated in its Annual Regulatory Agenda an intent to revise the current AHERA regulations; to date, however, no changes have been proposed.

Additional Information

The AHERA requirements are published in Title 40 Code of Federal Regulations, Part 763

EPA has established several programs to assist schools in assessing and managing their asbestos-related problems. Through its headquarters office in Washington, DC, and its regional offices, the Agency offers direct technical assistance for local officials, school officials, other school employees, and parents to provide a better understanding of asbestos programs and to help schools comply with federal asbestos regulations. Under the Asbestos School Hazard Abatement Program, EPA can also provide financial aid to schools in the form of interest-free loans, grants, or a combination of both.

For more information on EPA requirements for asbestos in schools, please call the Toxic Substances Control Act Hotline.
Hours: 8:30 a.m. to 5:00 p.m. EST, Monday-Friday.
Telephone: 1/202/554-1404