Asbestos schools (AHERA): response actions, O&M, management plans and records study guide
EPA's Asbestos-Containing Materials in Schools rule (40 CFR Part 763 Subpart E) sets duties for local education agencies under AHERA. This guide sets out what the federal rule text states in 763.90 through 763.95 and 763.99: how response actions are selected for damaged thermal system insulation, surfacing and miscellaneous ACM, how a removal, encapsulation or enclosure is judged complete, the operations and maintenance program and its cleaning, fiber release episodes, training and periodic surveillance of maintenance and custodial staff, management plans and their availability, records, warning labels, and exclusions from inspection. Compliance and enforcement (763.97), waivers (763.98) and the appendices are not covered. 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.
Selecting response actions
The local education agency (LEA) selects and implements, in a timely manner, response actions consistent with the assessment under 763.88. The actions selected must be sufficient to protect human health and the environment.
“The local education agency shall select and implement in a timely manner the appropriate response actions in this section consistent with the assessment conducted in § 763.88. The response actions selected shall be sufficient to protect human health and the environment.”
From the actions that protect human health and the environment, the LEA may then select the least burdensome method.
“The local education agency may then select, from the response actions which protect human health and the environment, that action which is the least burdensome method.”
Nothing in 763.90 prohibits removing ACBM from a school building at any time, if removal is the LEA's preferred response action.
“Nothing in this section shall be construed to prohibit removal of ACBM from a school building at any time, should removal be the preferred response action of the local education agency.”
For damaged or significantly damaged thermal system insulation ACM, the LEA must at least repair the damaged area.
“If damaged or significantly damaged thermal system insulation ACM is present in a building, the local education agency shall: (1) At least repair the damaged area.”
The LEA must remove damaged thermal system insulation ACM if it is not feasible, due to technological factors, to repair the damage, and must maintain all thermal system insulation ACM and its covering intact and undamaged.
“Remove the damaged material if it is not feasible, due to technological factors, to repair the damage. (3) Maintain all thermal system insulation ACM and its covering in an intact state and undamaged condition.”
For damaged friable surfacing ACM or damaged friable miscellaneous ACM, the LEA selects among encapsulation, enclosure, removal, or repair of the damaged material.
“If damaged friable surfacing ACM or damaged friable miscellaneous ACM is present in a building, the local education agency shall select from among the following response actions: encapsulation, enclosure, removal, or repair of the damaged material.”
In selecting among response actions that meet the definitional standards in 763.83, the LEA determines which of them protect human health and the environment. To judge which of these are least burdensome, it may then consider local circumstances, including occupancy and use patterns within the school building, and its economic concerns.
“In selecting the response action from among those which meet the definitional standards in § 763.83, the local education agency shall determine which of these response actions protects human health and the environment. For purposes of determining which of these response actions are the least burdensome, the local education agency may then consider local circumstances, including occupancy and use patterns within the school building, and its economic concerns”
For significantly damaged friable surfacing or miscellaneous ACM, the LEA must immediately isolate the functional space and restrict access, unless isolation is not necessary to protect human health and the environment.
“If significantly damaged friable surfacing ACM or significantly damaged friable miscellaneous ACM is present in a building the local education agency shall: (1) Immediately isolate the functional space and restrict access, unless isolation is not necessary to protect human health and the environment.”
The LEA must then remove that material, or enclose or encapsulate it, depending on whether enclosure or encapsulation would be sufficient to protect human health and the environment.
“Remove the material in the functional space or, depending upon whether enclosure or encapsulation would be sufficient to protect human health and the environment, enclose or encapsulate.”
Where friable surfacing ACM, thermal system insulation ACM, or friable miscellaneous ACM has potential for damage, the LEA must at least implement an O&M program under 763.91.
“If any friable surfacing ACM, thermal system insulation ACM, or friable miscellaneous ACM that has potential for damage is present in a building, the local education agency shall at least implement an operations and maintenance (O&M) program, as described under § 763.91.”
Where friable surfacing ACM, thermal system insulation ACM, or friable miscellaneous ACM has potential for significant damage, the LEA must implement an O&M program under 763.91 and institute preventive measures appropriate to eliminate the reasonable likelihood that the ACM or its covering will become significantly damaged, deteriorated, or delaminated.
“If any friable surfacing ACM, thermal system insulation ACM, or friable miscellaneous ACM that has potential for significant damage is present in a building, the local education agency shall: (1) Implement an O&M program, as described under § 763.91. (2) Institute preventive measures appropriate to eliminate the reasonable likelihood that the ACM or its covering will become significantly damaged, deteriorated, or delaminated.”
For ACM with potential for significant damage, the LEA must also remove the material as soon as possible if appropriate preventive measures cannot be effectively implemented, or unless other response actions are determined to protect human health and the environment. It must immediately isolate the area and restrict access if necessary to avoid an imminent and substantial endangerment to human health or the environment.
“Remove the material as soon as possible if appropriate preventive measures cannot be effectively implemented, or unless other response actions are determined to protect human health and the environment. Immediately isolate the area and restrict access if necessary to avoid an imminent and substantial endangerment to human health or the environment.”
Completing response actions
At the end of any action to remove, encapsulate, or enclose ACBM or material assumed to be ACBM, a person designated by the LEA visually inspects each functional space where the action was conducted.
“At the conclusion of any action to remove, encapsulate, or enclose ACBM or material assumed to be ACBM, a person designated by the local education agency shall visually inspect each functional space where such action was conducted to determine whether the action has been properly completed.”
A person designated by the LEA collects air samples, using aggressive sampling, for clearance after each removal, encapsulation, and enclosure project involving ACBM, except for small-scale, short-duration projects.
“A person designated by the local education agency shall collect air samples using aggressive sampling as described in appendix A to this subpart E to monitor air for clearance after each removal, encapsulation, and enclosure project involving ACBM, except for projects that are of small-scale, short-duration.”
Except as provided in 763.90(i)(4) and (i)(5), a removal, encapsulation or enclosure of ACBM is considered complete when the average asbestos concentration of five air samples collected within the affected functional space and analyzed by TEM is not statistically significantly different from the average of five air samples collected at the same time outside the space and analyzed in the same manner, and the average of the three field blanks is below the filter background level of 70 structures per square millimeter.
“Except as provided in paragraphs (i)(4), and (i)(5), of this section, an action to remove, encapsulate, or enclose ACBM shall be considered complete when the average concentration of asbestos of five air samples collected within the affected functional space and analyzed by the TEM method in appendix A of this subpart E, is not statistically significantly different, as determined by the Z-test calculation found in appendix A of this subpart E, from the average asbestos concentration of five air samples collected at the same time outside the affected functional space and analyzed in the same manner, and the average asbestos concentration of the three field blanks described in appendix A of this subpart E is below the filter background level, as defined in appendix A of this subpart E, of 70 structures per square millimeter”
The LEA may at any time use PCM to confirm completion of removal, encapsulation, or enclosure of ACBM that is greater than small-scale, short-duration and less than or equal to 160 square feet or 260 linear feet.
“At any time, a local education agency may analyze air monitoring samples collected for clearance purposes by phase contrast microscopy (PCM) to confirm completion of removal, encapsulation, or enclosure of ACBM that is greater than small-scale, short-duration and less than or equal to 160 square feet or 260 linear feet.”
Under that PCM route, the action is considered complete when the samples collected in the affected functional space and analyzed by PCM using NIOSH Method 7400 show a fiber concentration, for each of the five samples, less than or equal to a limit of quantitation for PCM of 0.01 fibers per cubic centimeter of air.
“The action shall be considered complete when the results of samples collected in the affected functional space and analyzed by phase contrast microscopy using the National Institute for Occupational Safety and Health (NIOSH) Method 7400 entitled “Fibers” published in the NIOSH Manual of Analytical Methods, 3rd Edition, Second Supplement, August 1987, show that the concentration of fibers for each of the five samples is less than or equal to a limit of quantitation for PCM (0.01 fibers per cubic centimeter (0.01 f/cm3) of air).”
To determine the amount of ACBM for the PCM route, the LEA adds the total square or linear footage of ACBM within the containment barriers used to isolate the functional space. Contiguous material worked on concurrently or at approximately the same time in the same school building may not be split up to qualify for the PCM route.
“To determine the amount of ACBM affected under paragraph (i)(5) of this section, the local education agency shall add the total square or linear footage of ACBM within the containment barriers used to isolate the functional space for the action to remove, encapsulate, or enclose the ACBM. Contiguous portions of material subject to such action conducted concurrently or at approximately the same time within the same school building shall not be separated to qualify under paragraph (i)(5)”
Response actions, including removal, encapsulation, enclosure, or repair, other than small-scale, short-duration repairs, are designed and conducted by persons accredited to design and conduct response actions.
“Response actions including removal, encapsulation, enclosure, or repair, other than small-scale, short-duration repairs, shall be designed and conducted by persons accredited to design and conduct response actions.”
Not covered here
The TEM method, the Z-test, the field blanks and the aggressive sampling procedure are set out in appendix A to Subpart E, which is not covered here. The alternative completion test in 763.90(i)(4), based on the volume of air drawn for each sample, is also not set out here. We only write what an official source states, so study these parts with your certifying program's materials.
Operations and maintenance program
The LEA implements an O&M program whenever any friable ACBM is present or assumed to be present in a building that it leases, owns, or otherwise uses as a school building.
“The local education agency shall implement an operations, maintenance, and repair (O&M) program under this section whenever any friable ACBM is present or assumed to be present in a building that it leases, owns, or otherwise uses as a school building.”
Nonfriable ACBM or nonfriable assumed ACBM must be treated as friable ACBM for this section when it is about to become friable as a result of activities performed in the school building.
“Any material identified as nonfriable ACBM or nonfriable assumed ACBM must be treated as friable ACBM for purposes of this section when the material is about to become friable as a result of activities performed in the school building.”
For worker protection, LEAs comply with either the OSHA Asbestos Construction Standard at 29 CFR 1926.1101 or the Asbestos Worker Protection Rule at 40 CFR 763.120, whichever is applicable.
“Local education agencies must comply with either the OSHA Asbestos Construction Standard at 29 CFR 1926.1101, or the Asbestos Worker Protection Rule at 40 CFR 763.120, whichever is applicable.”
Unless the building has been cleaned using equivalent methods within the previous 6 months, initial cleaning covers all areas of a school building where friable ACBM, damaged or significantly damaged thermal system insulation ACM, or friable suspected ACBM assumed to be ACM are present.
“Unless the building has been cleaned using equivalent methods within the previous 6 months, all areas of a school building where friable ACBM, damaged or significantly damaged thermal system insulation ACM, or friable suspected ACBM assumed to be ACM are present”
Those areas are cleaned at least once after the completion of the inspection under 763.85(a) and before the initiation of any response action, other than O&M activities or repair.
“cleaned at least once after the completion of the inspection required by § 763.85(a) and before the initiation of any response action, other than O&M activities or repair”
The cleaning procedures are: HEPA-vacuum or steam-clean all carpets; HEPA-vacuum or wet-clean all other floors and horizontal surfaces; and dispose of debris, filters, mopheads and cloths in sealed, leak-tight containers.
“HEPA-vacuum or steam-clean all carpets. (ii) HEPA-vacuum or wet-clean all other floors and all other horizontal surfaces. (iii) Dispose of all debris, filters, mopheads, and cloths in sealed, leak-tight containers.”
The accredited management planner makes a written recommendation on whether additional cleaning is needed and, if so, its methods and frequency.
“The accredited management planner shall make a written recommendation to the local education agency whether additional cleaning is needed, and if so, the methods and frequency of such cleaning.”
For any O&M activities disturbing friable ACBM, the LEA ensures that entry into the area is restricted to persons necessary to perform the project, either by physically isolating the area or by scheduling, and that signs are posted to prevent entry by unauthorized persons.
“The local education agency shall ensure that the procedures described below to protect building occupants shall be followed for any operations and maintenance activities disturbing friable ACBM: (1) Restrict entry into the area by persons other than those necessary to perform the maintenance project, either by physically isolating the area or by scheduling. (2) Post signs to prevent entry by unauthorized persons.”
The response action for any maintenance activities disturbing friable ACBM, other than small-scale, short-duration maintenance activities, is designed by persons accredited to design response actions and conducted by persons accredited to conduct response actions.
“The response action for any maintenance activities disturbing friable ACBM, other than small-scale, short-duration maintenance activities, shall be designed by persons accredited to design response actions and conducted by persons accredited to conduct response actions.”
Not covered here
Not every procedure that 763.91(d) sets for O&M activities disturbing friable ACBM is listed here; read 763.91(d) for the full list. We only write what an official source states, so study these parts with your certifying program's materials.
Fiber release episodes
The LEA ensures that set procedures are followed in a minor fiber release episode, which is the falling or dislodging of 3 square or linear feet or less of friable ACBM.
“The local education agency shall ensure that the procedures described below are followed in the event of a minor fiber release episode (i.e., the falling or dislodging of 3 square or linear feet or less of friable ACBM)”
In a minor episode, the debris is thoroughly saturated using wet methods, the area is cleaned as described in paragraph (e) of 763.91, and the asbestos debris is placed in a sealed, leak-tight container.
“Thoroughly saturate the debris using wet methods. (ii) Clean the area, as described in paragraph (e) of this section. (iii) Place the asbestos debris in a sealed, leak-tight container.”
Then the area of damaged ACM is repaired with materials such as asbestos-free spackling, plaster, cement, or insulation, or sealed with latex paint or an encapsulant, or the appropriate response action under 763.90 is implemented immediately (one of the options).
“Repair the area of damaged ACM with materials such as asbestos-free spackling, plaster, cement, or insulation, or seal with latex paint or an encapsulant, or immediately have the appropriate response action implemented as required by § 763.90.”
The LEA ensures that set procedures are followed in a major fiber release episode, which is the falling or dislodging of more than 3 square or linear feet of friable ACBM.
“The local education agency shall ensure that the procedures described below are followed in the event of a major fiber release episode (i.e., the falling or dislodging of more than 3 square or linear feet of friable ACBM)”
In a major episode, entry into the area is restricted and signs are posted to prevent entry by persons other than those necessary to perform the response action, and the air-handling system is shut off or temporarily modified to prevent the distribution of fibers to other areas in the building.
“Restrict entry into the area and post signs to prevent entry into the area by persons other than those necessary to perform the response action. (ii) Shut off or temporarily modify the air-handling system to prevent the distribution of fibers to other areas in the building.”
The response action for any major fiber release episode must be designed by persons accredited to design response actions and conducted by persons accredited to conduct response actions.
“The response action for any major fiber release episode must be designed by persons accredited to design response actions and conducted by persons accredited to conduct response actions.”
Training and periodic surveillance
Before the O&M provisions of the management plan are implemented, the LEA ensures that all maintenance and custodial staff who may work in a building that contains ACBM receive awareness training of at least 2 hours, whether or not they are required to work with ACBM.
“The local education agency shall ensure, prior to the implementation of the O&M provisions of the management plan, that all members of its maintenance and custodial staff (custodians, electricians, heating/air conditioning engineers, plumbers, etc.) who may work in a building that contains ACBM receive awareness training of at least 2 hours, whether or not they are required to work with ACBM.”
New custodial and maintenance employees are trained within 60 days after starting employment.
“New custodial and maintenance employees shall be trained within 60 days after commencement of employment.”
The LEA ensures that staff who conduct any activities that will result in the disturbance of ACBM receive the awareness training plus 14 hours of additional training.
“all members of its maintenance and custodial staff who conduct any activities that will result in the disturbance of ACBM shall receive training described in paragraph (a)(1) of this section and 14 hours of additional training.”
Periodic surveillance takes place at least once every 6 months after a management plan is in effect, in each school building the LEA leases, owns or otherwise uses that contains or is assumed to contain ACBM.
“At least once every 6 months after a management plan is in effect, each local education agency shall conduct periodic surveillance in each building that it leases, owns, or otherwise uses as a school building that contains ACBM or is assumed to contain ACBM.”
Each person performing periodic surveillance records the date, his or her name, and any changes in the condition of the materials.
“Record the date of the surveillance, his or her name, and any changes in the condition of the materials.”
Not covered here
The full content lists of awareness and additional training are not reproduced here. We only write what an official source states, so study these parts with your certifying program's materials.
Management plans
If an LEA begins to use a building as a school after October 12, 1988, it submits a management plan for the school to the Agency designated by the Governor before its use as a school.
“If a local education agency begins to use a building as a school after October 12, 1988, the local education agency shall submit a management plan for the school to the Agency designated by the Governor prior to its use as a school.”
If the Governor does not disapprove a management plan within 90 days after receiving it, the LEA implements the plan.
“If the Governor does not disapprove a management plan within 90 days after receipt of the plan, the local education agency shall implement the plan.”
The management plan is developed by an accredited management planner.
“The management plan shall be developed by an accredited management planner”
An LEA may require each management plan to contain a statement signed by an accredited management plan developer that the person prepared, helped prepare or reviewed the plan and that it complies with Subpart E. That statement may not be signed by a person who also implements (or will implement) the plan.
“A local education agency may require each management plan to contain a statement signed by an accredited management plan developer that such person has prepared or assisted in the preparation of such plan or has reviewed such plan, and that such plan is in compliance with this subpart E. Such statement may not be signed by a person who, in addition to preparing or assisting in preparing the management plan, also implements (or will implement) the management plan.”
Each school keeps a complete, updated copy of its management plan in its administrative office. The plan is available for inspection, without cost or restriction, to workers before work begins in any area of a school building, and the school makes it available to EPA and State representatives and the public within 5 working days after receiving a request.
“Each school shall maintain in its administrative office a complete, updated copy of the management plan for that school. Management plans shall be available for inspection, without cost or restriction, to workers before work begins in any area of a school building. The school shall make management plans available for inspection to representatives of EPA and the State, the public, including parents, teachers, and other school personnel and their representatives within 5 working days after receiving a request for inspection.”
Upon submission of its management plan to the Governor and at least once each school year, the LEA notifies parent, teacher, and employee organizations in writing of the availability of management plans.
“Upon submission of its management plan to the Governor and at least once each school year, the local education agency shall notify in writing parent, teacher, and employee organizations of the availability of management plans”
Each plan contains a true and correct statement, signed by the person designated under 763.84, certifying that the LEA's general responsibilities have been met or will be met.
“Each management plan must contain a true and correct statement, signed by the individual designated by the local education agency under § 763.84, which certifies that the general, local education agency responsibilities, as stipulated by § 763.84, have been met or will be met.”
Not covered here
The full list of management plan contents in 763.93(e) is not reproduced here. We only write what an official source states, so study these parts with your certifying program's materials.
Records and warning labels
Records are kept in a centralized location in the administrative office of both the school and the LEA, as part of the management plan.
“Records required under this section shall be maintained in a centralized location in the administrative office of both the school and the local education agency as part of the management plan.”
For each homogeneous area where all ACBM has been removed, the LEA ensures that the records are retained for 3 years after the next reinspection required under 763.85(b)(1), or for an equivalent period.
“For each homogeneous area where all ACBM has been removed, the local education agency shall ensure that such records are retained for 3 years after the next reinspection required under § 763.85(b)(1), or for an equivalent period.”
The LEA attaches a warning label immediately adjacent to friable and nonfriable ACBM and suspected ACBM assumed to be ACM in routine maintenance areas (such as boiler rooms).
“The local education agency shall attach a warning label immediately adjacent to any friable and nonfriable ACBM and suspected ACBM assumed to be ACM located in routine maintenance areas (such as boiler rooms) at each school building.”
The labeled material includes friable ACBM that was responded to by a means other than removal, and ACBM for which no response action was carried out.
“Friable ACBM that was responded to by a means other than removal. (2) ACBM for which no response action was carried out.”
Labels are prominently displayed in readily visible locations and stay posted until the labeled ACBM is removed.
“All labels shall be prominently displayed in readily visible locations and shall remain posted until the ACBM that is labeled is removed.”
Not covered here
The complete list of fields for each kind of record in 763.94 is not reproduced here. We only write what an official source states, so study these parts with your certifying program's materials.
Exclusions from inspection
An LEA is not required to perform an inspection under 763.85(a) in a sampling or homogeneous area that meets one of the options in 763.99(a).
“A local education agency shall not be required to perform an inspection under § 763.85(a) in any sampling area as defined in 40 CFR 763.103 or homogeneous area of a school building where:”
For a new school building built after October 12, 1988, the exclusion applies where an architect or project engineer responsible for its construction, or an accredited inspector, signs a statement that no ACBM was specified as a building material in any construction document for the building, or that to the best of his or her knowledge no ACBM was used (one of the options). The LEA submits a copy of the signed statement to the EPA Regional Office and includes it in the school's management plan.
“An architect or project engineer responsible for the construction of a new school building built after October 12, 1988, or an accredited inspector signs a statement that no ACBM was specified as a building material in any construction document for the building, or, to the best of his or her knowledge, no ACBM was used as a building material in the building. The local education agency shall submit a copy of the signed statement of the architect, project engineer, or accredited inspector to the EPA Regional Office and shall include the statement in the management plan for that school.”
The exclusions in 763.99(a)(1) through (4) apply only to homogeneous or sampling areas inspected and sampled before October 17, 1987. The LEA inspects under 763.85(a) all areas inspected before October 17, 1987, that were not sampled or were not assumed to be ACM.
“The exclusion, under paragraphs (a) (1) through (4) of this section, from conducting the inspection under § 763.85(a) shall apply only to homogeneous or sampling areas of a school building that were inspected and sampled before October 17, 1987. The local education agency shall conduct an inspection under § 763.85(a) of all areas inspected before October 17, 1987, that were not sampled or were not assumed to be ACM.”
If ACBM is later found in an area that received an exclusion from an accredited inspector under 763.99(a)(3), (4) or (5), or from an architect, project engineer or accredited inspector under (a)(7), the LEA has 180 days following the date of identification of ACBM to comply with Subpart E.
“If ACBM is subsequently found in a homogeneous or sampling area of a local education agency that had been identified as receiving an exclusion by an accredited inspector under paragraphs (a) (3), (4), (5) of this section, or an architect, project engineer or accredited inspector under paragraph (a)(7) of this section, the local education agency shall have 180 days following the date of identification of ACBM to comply with this subpart E.”
Not covered here
Most of the individual exclusion conditions in 763.99(a)(1) through (6) are not set out point by point here. We only write what an official source states, so study these parts with your certifying program's materials.
Sources
- eCFR: 40 CFR 763.90, Response actions (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.91, Operations and maintenance (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.92, Training and periodic surveillance (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.93, Management plans (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.94, Recordkeeping (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.95, Warning labels (as of Nov 4, 2026)Checked November 6, 2026
- eCFR: 40 CFR 763.99, Exclusions (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): responsibilities, inspections, sampling and assessment