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Did you know? Asbestos Requirements & Information:
Under the Asbestos Hazard Emergency Response Act (AHERA) of 1986, EPA published on October 30, 1987 the Asbestos-Containing Materials in Schools rule (hereinafter referred to as the AHERA rule), 40 CFR Part 763, Subpart E. The AHERA rule became effective on December 14, 1987 and applies to all non-profit elementary and secondary schools nationwide, both public and private. Local Education Agencies (LEAs) are responsible for ensuring compliance with the AHERA rule and are required, among other things, to develop and maintain an up-to-date Model Accreditation Plan (MAP). The MAP document is public notification of asbestos present in schools for parents, staff , employee affiliations, government entities, and the general public. The EPA requires all school MAPs to define asbestos containing building materials present, initial and continuing education for asbestos training certifications to employees, recordkeeping of inspections and sampling related to asbestos, and the proper management of asbestos containing materials within schools.
LEAs must designate a contact person known as the Designated Person (DP) to oversee asbestos-related activities in the school and ensure that the AHERA responsibilities of the LEA are met. The quality of a schools asbestos program depends heavily upon the dedication and work of the DP with the support of the LEA. The LEA and the DP work together to ensure that each school is in compliance with federal, state and local asbestos regulations and that there are no uncontrolled releases of asbestos fibers in the school which could pose a health threat to children and school workers. An LEAs failure to meet AHERA compliance may result in liability, loss of funding, or penalty.
Even though the AHERA rule has been in place for years, EPA and the states have found that compliance issues remain, particularly in the area of schools maintaining and updating their MAPs to reflect current reinspection information, operation and maintenance activities, periodic surveillance and response/post-response actions.
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