Asbestos schools (AHERA): responsibilities, inspections, sampling and assessment study guide
40 CFR Part 763 Subpart E is EPA's Asbestos-Containing Materials in Schools rule under AHERA. This guide sets out what the federal rule text states in 763.80, 763.83 (definitions) and 763.84 through 763.88: the scope of the rule, key definitions, the general responsibilities of local education agencies, inspections and reinspections, bulk sampling, laboratory analysis, and the written assessment. Response actions, operations and maintenance, training, management plans, records and labels are outside this guide. goraedu is not an accredited training provider, and this is not a course or accreditation exam. Your State may have its own asbestos rules, so check them too. Every point links to the regulation and quotes its exact words.
Scope and purpose
The rule requires local education agencies to identify friable and nonfriable asbestos-containing material (ACM) in public and private elementary and secondary schools.
“This rule requires local education agencies to identify friable and nonfriable asbestos-containing material (ACM) in public and private elementary and secondary schools”
They do this by visually inspecting school buildings, sampling the materials if they are not assumed to be ACM, and having samples analyzed by appropriate techniques referred to in the rule.
“by visually inspecting school buildings for such materials, sampling such materials if they are not assumed to be ACM, and having samples analyzed by appropriate techniques referred to in this rule.”
The rule text states the dates it set for management plans: local education agencies were to submit them to the Governor of their State by October 12, 1988, begin to implement them by July 9, 1989, and complete implementation in a timely fashion. These are the rule's historical dates, not current deadlines.
“The rule requires local education agencies to submit management plans to the Governor of their State by October 12, 1988, begin to implement the plans by July 9, 1989, and complete implementation of the plans in a timely fashion.”
Local education agencies are required to use accredited persons to conduct inspections, reinspections, develop management plans, or perform response actions.
“local education agencies are required to use persons who have been accredited to conduct inspections, reinspections, develop management plans, or perform response actions.”
A local education agency may contractually delegate its duties under the rule, but it remains responsible for the proper performance of those duties.
“Local education agencies may contractually delegate their duties under this rule, but they remain responsible for the proper performance of those duties.”
Local education agencies are encouraged to consult with EPA Regional Asbestos Coordinators, or if applicable, a State's lead agency designated by the State Governor, for assistance in complying with the rule.
“Local education agencies are encouraged to consult with EPA Regional Asbestos Coordinators, or if applicable, a State's lead agency designated by the State Governor, for assistance in complying with this rule.”
Not covered here
763.80(b), on the transportation and disposal of asbestos waste, is outside this guide. We only write what an official source states, so study these parts with your certifying program's materials.
Key definitions
For school buildings, asbestos-containing material (ACM) means any material or product that contains more than 1 percent asbestos.
“Asbestos-containing material (ACM) when referring to school buildings means any material or product which contains more than 1 percent asbestos.”
Asbestos-containing building material (ACBM) means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM found in or on interior structural members or other parts of a school building.
“Asbestos-containing building material (ACBM) means surfacing ACM, thermal system insulation ACM, or miscellaneous ACM that is found in or on interior structural members or other parts of a school building.”
ACM is "accessible" when it is subject to disturbance by school building occupants or custodial or maintenance personnel in the course of their normal activities.
“Accessible when referring to ACM means that the material is subject to disturbance by school building occupants or custodial or maintenance personnel in the course of their normal activities.”
A functional space is a room, group of rooms, or homogeneous area (including crawl spaces or the space between a dropped ceiling and the floor or roof deck above), designated by a person accredited to prepare management plans, design abatement projects, or conduct response actions.
“Functional space means a room, group of rooms, or homogeneous area (including crawl spaces or the space between a dropped ceiling and the floor or roof deck above), such as classroom(s), a cafeteria, gymnasium, hallway(s), designated by a person accredited to prepare management plans, design abatement projects, or conduct response actions.”
A homogeneous area is an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture.
“Homogeneous area means an area of surfacing material, thermal system insulation material, or miscellaneous material that is uniform in color and texture.”
Miscellaneous material is interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles; it does not include surfacing material or thermal system insulation.
“Miscellaneous material means interior building material on structural components, structural members or fixtures, such as floor and ceiling tiles, and does not include surfacing material or thermal system insulation.”
Thermal system insulation is material in a school building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or for other purposes.
“Thermal system insulation means material in a school building applied to pipes, fittings, boilers, breeching, tanks, ducts, or other interior structural components to prevent heat loss or gain, or water condensation, or for other purposes.”
Significantly damaged friable surfacing ACM is damaged friable surfacing ACM in a functional space where the damage is extensive and severe.
“Significantly damaged friable surfacing ACM means damaged friable surfacing ACM in a functional space where the damage is extensive and severe.”
The definition of "potential significant damage" lists circumstances, one of which is that friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities.
“Potential significant damage means circumstances in which: (1) Friable ACBM is in an area regularly used by building occupants, including maintenance personnel, in the course of their normal activities.”
Under the definition, a school building includes any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.
“School building means: (1) Any structure suitable for use as a classroom, including a school facility such as a laboratory, library, school eating facility, or facility used for the preparation of food.”
The same definition also lists any portico or covered exterior hallway or walkway, and any exterior portion of a mechanical system used to condition interior space.
“(5) Any portico or covered exterior hallway or walkway. (6) Any exterior portion of a mechanical system used to condition interior space.”
Not covered here
Not every definition in 763.83 is listed here; the full list is in the linked section. We only write what an official source states, so study these parts with your certifying program's materials.
General local education agency responsibilities
Each local education agency shall ensure that the activities of any persons who perform inspections, reinspections, and periodic surveillance, develop and update management plans, and develop and implement response actions (including operations and maintenance) are carried out in accordance with subpart E.
“Each local education agency shall: (a) Ensure that the activities of any persons who perform inspections, reinspections, and periodic surveillance, develop and update management plans, and develop and implement response actions, including operations and maintenance, are carried out in accordance with subpart E of this part.”
40 CFR 763.84, General local education agency responsibilities
It shall ensure that all custodial and maintenance employees are properly trained as required by subpart E and other applicable Federal and/or State regulations.
“Ensure that all custodial and maintenance employees are properly trained as required by this subpart E and other applicable Federal and/or State regulations”
40 CFR 763.84, General local education agency responsibilities
It shall ensure that workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress.
“Ensure that workers and building occupants, or their legal guardians, are informed at least once each school year about inspections, response actions, and post-response action activities, including periodic reinspection and surveillance activities that are planned or in progress.”
40 CFR 763.84, General local education agency responsibilities
It shall ensure that short-term workers (for example telephone repair workers, utility workers, or exterminators) who may come in contact with asbestos in a school are provided information on the locations of ACBM and suspected ACBM assumed to be ACM.
“Ensure that short-term workers (e.g., telephone repair workers, utility workers, or exterminators) who may come in contact with asbestos in a school are provided information regarding the locations of ACBM and suspected ACBM assumed to be ACM.”
40 CFR 763.84, General local education agency responsibilities
It shall designate a person to ensure that the requirements of 763.84 are properly implemented.
“Designate a person to ensure that requirements under this section are properly implemented.”
40 CFR 763.84, General local education agency responsibilities
It shall ensure that the designated person receives adequate training to perform the duties assigned under 763.84. The training shall provide, as necessary, basic knowledge of a set of listed subjects.
“Ensure that the designated person receives adequate training to perform duties assigned under this section. Such training shall provide, as necessary, basic knowledge of:”
40 CFR 763.84, General local education agency responsibilities
It shall consider whether any conflict of interest may arise from the interrelationship among accredited personnel, and whether that should influence the selection of accredited personnel.
“Consider whether any conflict of interest may arise from the interrelationship among accredited personnel and whether that should influence the selection of accredited personnel to perform activities under this subpart.”
40 CFR 763.84, General local education agency responsibilities
Not covered here
763.84(e) and (f), on warning labels and on the availability of management plans, are outside this guide. We only write what an official source states, so study these parts with your certifying program's materials.
Inspection
The rule's date for inspecting existing school buildings: except as provided in 763.85(a)(2), before October 12, 1988, local education agencies shall inspect each school building that they lease, own, or otherwise use as a school building to identify all locations of friable and nonfriable ACBM. This is the rule's historical date, not a current deadline.
“Except as provided in paragraph (a)(2) of this section, before October 12, 1988, local education agencies shall inspect each school building that they lease, own, or otherwise use as a school building to identify all locations of friable and nonfriable ACBM.”
Any building leased or acquired on or after October 12, 1988, that is to be used as a school building shall be inspected prior to use as a school building. If emergency use of an uninspected building as a school building is necessitated, it shall be inspected within 30 days after commencement of such use.
“Any building leased or acquired on or after October 12, 1988, that is to be used as a school building shall be inspected as described under paragraphs (a) (3) and (4) of this section prior to use as a school building. In the event that emergency use of an uninspected building as a school building is necessitated, such buildings shall be inspected within 30 days after commencement of such use.”
Each inspection shall be made by an accredited inspector.
“(3) Each inspection shall be made by an accredited inspector.”
For each area of a school building, except as excluded under 763.99, each person performing an inspection shall visually inspect the area to identify the locations of all suspected ACBM, touch all suspected ACBM to determine whether they are friable, and identify all homogeneous areas of friable and of nonfriable suspected ACBM.
“For each area of a school building, except as excluded under § 763.99, each person performing an inspection shall: (i) Visually inspect the area to identify the locations of all suspected ACBM. (ii) Touch all suspected ACBM to determine whether they are friable. (iii) Identify all homogeneous areas of friable suspected ACBM and all homogeneous areas of nonfriable suspected ACBM.”
The person performing the inspection shall assume that some or all of the homogeneous areas are ACM and, for each homogeneous area not assumed to be ACM, collect and submit bulk samples for analysis.
“Assume that some or all of the homogeneous areas are ACM, and, for each homogeneous area that is not assumed to be ACM, collect and submit for analysis bulk samples”
The person performing the inspection shall assess, under 763.88, friable material in areas where samples are collected, friable material in areas assumed to be ACBM, and friable ACBM identified during a previous inspection.
“Assess, under § 763.88, friable material in areas where samples are collected, friable material in areas that are assumed to be ACBM, and friable ACBM identified during a previous inspection.”
The person performing the inspection shall record the listed items and submit a copy of the record to the person designated under 763.84, for inclusion in the management plan, within 30 days of the inspection.
“Record the following and submit to the person designated under § 763.84 a copy of such record for inclusion in the management plan within 30 days of the inspection:”
Not covered here
The individual items of the inspection record in 763.85(a)(4)(vi) are not listed here. The exclusions in 763.99 are outside this guide. We only write what an official source states, so study these parts with your certifying program's materials.
Reinspection and thermal system insulation
At least once every 3 years after a management plan is in effect, each local education agency shall reinspect all friable and nonfriable known or assumed ACBM in each school building that it leases, owns, or otherwise uses as a school building.
“At least once every 3 years after a management plan is in effect, each local education agency shall conduct a reinspection of all friable and nonfriable known or assumed ACBM in each school building that they lease, own, or otherwise use as a school building.”
For each area of a school building, the person performing a reinspection shall visually reinspect, and reassess under 763.88, the condition of all friable known or assumed ACBM.
“For each area of a school building, each person performing a reinspection shall: (i) Visually reinspect, and reassess, under § 763.88, the condition of all friable known or assumed ACBM.”
The reinspector shall visually inspect material previously considered nonfriable ACBM and touch it to determine whether it has become friable since the last inspection or reinspection.
“Visually inspect material that was previously considered nonfriable ACBM and touch the material to determine whether it has become friable since the last inspection or reinspection.”
For each homogeneous area of newly friable material that is already assumed to be ACBM, bulk samples may be collected and submitted for analysis.
“For each homogeneous area of newly friable material that is already assumed to be ACBM, bulk samples may be collected and submitted for analysis”
The person performing the reinspection shall record the listed items and submit a copy of the record to the person designated under 763.84, for inclusion in the management plan, within 30 days of the reinspection.
“Record the following and submit to the person designated under § 763.84 a copy of such record for inclusion in the management plan within 30 days of the reinspection:”
Thermal system insulation that has retained its structural integrity and has an undamaged protective jacket or wrap that prevents fiber release shall be treated as nonfriable, and is subject only to periodic surveillance and preventive measures as necessary.
“Thermal system insulation that has retained its structural integrity and that has an undamaged protective jacket or wrap that prevents fiber release shall be treated as nonfriable and therefore is subject only to periodic surveillance and preventive measures as necessary.”
Not covered here
Not every reinspection step in 763.85(b) is set out here, and the individual items of the reinspection record in 763.85(b)(3)(vii) are not listed; read the linked section. We only write what an official source states, so study these parts with your certifying program's materials.
Sampling
For each homogeneous area of friable surfacing material not assumed to be ACM, an accredited inspector shall collect bulk samples in a statistically random manner that is representative of the homogeneous area.
“An accredited inspector shall collect, in a statistically random manner that is representative of the homogeneous area, bulk samples from each homogeneous area of friable surfacing material that is not assumed to be ACM”
For each homogeneous area of friable surfacing material greater than 1,000 ft2 but less than or equal to 5,000 ft2, at least five bulk samples shall be collected, except as provided in 763.87(c)(2).
“At least five bulk samples shall be collected from each homogeneous area that is greater than 1,000 ft2 but less than or equal to 5,000 ft2, except as provided in § 763.87(c)(2).”
For thermal system insulation not assumed to be ACM, except as provided in 763.86(b)(2) through (4) and 763.87(c), an accredited inspector shall collect, in a randomly distributed manner, at least three bulk samples from each homogeneous area.
“Except as provided in paragraphs (b) (2) through (4) of this section and § 763.87(c), an accredited inspector shall collect, in a randomly distributed manner, at least three bulk samples from each homogeneous area of thermal system insulation that is not assumed to be ACM.”
For each homogeneous area of patched thermal system insulation not assumed to be ACM, the rule says to collect at least one bulk sample if the patched section is less than 6 linear or square feet.
“Collect at least one bulk sample from each homogeneous area of patched thermal system insulation that is not assumed to be ACM if the patched section is less than 6 linear or square feet.”
Bulk samples are not required from any homogeneous area where the accredited inspector has determined that the thermal system insulation is fiberglass, foam glass, rubber, or other non-ACBM.
“Bulk samples are not required to be collected from any homogeneous area where the accredited inspector has determined that the thermal system insulation is fiberglass, foam glass, rubber, or other non-ACBM.”
For friable miscellaneous material not assumed to be ACM, an accredited inspector shall collect bulk samples from each homogeneous area in a manner sufficient to determine whether the material is ACM or not ACM.
“In a manner sufficient to determine whether material is ACM or not ACM, an accredited inspector shall collect bulk samples from each homogeneous area of friable miscellaneous material that is not assumed to be ACM.”
If a homogeneous area of nonfriable suspected ACBM is not assumed to be ACM, an accredited inspector shall collect bulk samples from it in a manner sufficient to determine whether the material is ACM or not ACM.
“If any homogeneous area of nonfriable suspected ACBM is not assumed to be ACM, then an accredited inspector shall collect, in a manner sufficient to determine whether the material is ACM or not ACM, bulk samples from the homogeneous area of nonfriable suspected ACBM that is not assumed to be ACM.”
Not covered here
The sample numbers for surfacing areas of other sizes and 763.86(b)(3), on insulated mechanical systems where cement or plaster is used on fittings, are in the linked section. We only write what an official source states, so study these parts with your certifying program's materials.
Analysis
Local education agencies shall have bulk samples analyzed for asbestos using laboratories accredited by the National Bureau of Standards (NBS).
“Local education agencies shall have bulk samples, collected under § 763.86 and submitted for analysis, analyzed for asbestos using laboratories accredited by the National Bureau of Standards (NBS).”
Bulk samples shall not be composited for analysis, and shall be analyzed for asbestos content by PLM.
“Bulk samples shall not be composited for analysis and shall be analyzed for asbestos content by PLM”
A homogeneous area is considered not to contain ACM only if the results of all samples required to be collected from the area show asbestos in amounts of 1 percent or less.
“A homogeneous area is considered not to contain ACM only if the results of all samples required to be collected from the area show asbestos in amounts of 1 percent or less.”
A homogeneous area shall be determined to contain ACM if at least one sample from that area shows asbestos present in an amount greater than 1 percent.
“A homogeneous area shall be determined to contain ACM based on a finding that the results of at least one sample collected from that area shows that asbestos is present in an amount greater than 1 percent.”
The name and address of each laboratory, the date of analysis, and the name and signature of the person performing the analysis shall be submitted to the person designated under 763.84 within 30 days of the analysis.
“The name and address of each laboratory performing an analysis, the date of analysis, and the name and signature of the person performing the analysis shall be submitted to the person designated under § 763.84 for inclusion into the management plan within 30 days of the analysis.”
Not covered here
The laboratory method in appendix E to subpart E is outside this guide. We only write what an official source states, so study these parts with your certifying program's materials.
Assessment
For each inspection and reinspection conducted under 763.85(a) and (c), and previous inspections specified under 763.99, the local education agency shall have an accredited inspector provide a written assessment of all friable known or assumed ACBM in the school building.
“For each inspection and reinspection conducted under § 763.85 (a) and (c) and previous inspections specified under § 763.99, the local education agency shall have an accredited inspector provide a written assessment of all friable known or assumed ACBM in the school building.”
The inspector shall sign and date the assessment, give his or her State of accreditation and, if applicable, accreditation number, and submit a copy to the person designated under 763.84 within 30 days of the assessment.
“Each accredited inspector providing a written assessment shall sign and date the assessment, provide his or her State of accreditation, and if applicable, accreditation number, and submit a copy of the assessment to the person designated under § 763.84 for inclusion in the management plan within 30 days of the assessment.”
The inspector shall classify the ACBM and suspected ACBM assumed to be ACM in the school building into one of the listed categories, and give reasons for the classification in the written assessment.
“The inspector shall classify and give reasons in the written assessment for classifying the ACBM and suspected ACBM assumed to be ACM in the school building into one of the following categories:”
The assessment may include considerations such as the location and the amount of the material, both in total quantity and as a percentage of the functional space.
“Assessment may include the following considerations: (1) Location and the amount of the material, both in total quantity and as a percentage of the functional space.”
The local education agency shall select a person accredited to develop management plans to review the results of each inspection, reinspection, and assessment and recommend appropriate response actions in writing.
“The local education agency shall select a person accredited to develop management plans to review the results of each inspection, reinspection, and assessment for the school building and to conduct any other necessary activities in order to recommend in writing to the local education agency appropriate response actions.”
That accredited person shall sign and date the recommendation, give his or her State of accreditation and, if applicable, accreditation number, and submit a copy to the person designated under 763.84 for inclusion in the management plan.
“The accredited person shall sign and date the recommendation, provide his or her State of accreditation, and, if applicable, provide his or her accreditation number, and submit a copy of the recommendation to the person designated under § 763.84 for inclusion in the management plan.”
Not covered here
The seven assessment categories in 763.88(b) and the other considerations in 763.88(c) are not reproduced here; see the linked section. We only write what an official source states, so study these parts with your certifying program's materials.
Sources
- eCFR: 40 CFR 763.80, Scope and purpose (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.83, Definitions (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.84, General local education agency responsibilities (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.85, Inspection and reinspections (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.86, Sampling (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.87, Analysis (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.88, Assessment (as of Nov 4, 2026)Checked November 6, 2026
Other Asbestos study guides: Scope, definitions, classes of work and exposure limits, Regulated areas and exposure monitoring, Methods of compliance, Respirators, protective clothing and hygiene facilities, Communication of hazards, training and housekeeping, Medical surveillance, recordkeeping and the competent person, Schools (AHERA): response actions, O&M, management plans and records