In 1986, the first comprehensive Environmental Protection Agency (EPA) regulation specifically addressing asbestos was enacted, requiring all public and private schools for kindergarten through grade 12 to inspect their buildings. This regulation was titled Part 763 Asbestos, Subpart E -- Asbestos Hazard Emergency Response Act (AHERA).
There were previous regulations enacted by the EPA that applied to schools, but this was the first comprehensive legislation requiring local education agencies (LEAs) to take specific actions. For example, they must:
- Train employees about the hazards of asbestos.
- Visually inspect all areas of each school building (including support structures and leased facilities).
- Create an inventory and accurately quantify building materials suspected of containing asbestos.
- Randomly collect samples of these materials based on established numbers per square footage or material type.
- Have those samples analyzed by an EPA-approved laboratory.
- Review the laboratory results.
- Create a document called the Management Plan (MP) for each structure.
The MP is to be a living document containing all the information gathered during what are defined as Building Inspections. Additionally, the MP must contain details on any activities to maintain or remove asbestos, which are defined as Response Actions.
The LEA is also required to conduct surveillance based on the condition of the materials every six months and, using trained personnel, reinspect each structure every three years, looking again at the condition of the previously discovered asbestos-containing or newly discovered suspect materials. The documentation of all activities, the addressing of the asbestos materials, and the maintenance of the MP continues until all the materials are completely and properly removed from the structure.
The required work methods and training course curriculum were developed by the EPA and mandated not only for those performing any work on or around asbestos-containing materials but also for anyone searching for asbestos and writing the MP. All must attend initial training and annual refreshers. The list of required participants includes custodial personnel, teachers, maintenance personnel, employees performing the removal of asbestos-containing materials, people who design the procedures required for asbestos removal projects, those inspecting structures, and the people writing the plan.
The Asbestos School Hazard Abatement Reauthorization Act
In 1990, lawmakers issued the Asbestos School Hazard Abatement Reauthorization Act (ASHARA). It applies to public and commercial buildings not covered under the AHERA regulation described above. As noted, AHERA only applied to schools. However, it is a comprehensive regulation, so the EPA used it when drafting ASHARA.
This act includes many of the same requirements as AHERA. When a building is scheduled to be renovated, the owner must train employees who will conduct the inspection. They must visually inspect the areas affected by the renovation, create an inventory, accurately quantify any materials suspected of containing asbestos, and continue with a process similar to that under AHERA.
One difference is that the document required by ASHARA is called an Inspection Report. No Management Plan is required. (However, we strongly recommend developing a document to record and maintain information related to asbestos in any structure.) Also, stakeholders are only required to inspect affected areas of the building, not the entire structure.
Under ASHARA, a building owner also has the option of hiring trained individuals to perform the inspection and other activities instead of training their own employees for those tasks. Unsurprisingly, neither AHERA nor ASHERA allows building owners to let untrained employees perform these tasks.
In addition, the number of trained employees performing the removal of asbestos-containing materials, personnel who design project procedures, and those inspecting structures for asbestos is smaller than under AHERA. The requirement for review of the materials every six months and reinspection of the structure every three years is also absent in ASHARA.
Remember, the requirement for action under ASHARA is based on the disturbance of a suspected asbestos-containing material that occurs during repair activities or under a renovation of the structure.
An Overview of Asbestos
For those unfamiliar with asbestos, it is a naturally occurring mineral. Much like coal, it is mined from the ground and is very plentiful.
The use of asbestos was only recently banned in America in 2024. The use of asbestos has been phased out over several decades and was only fully banned in the U.S. in 2024. Other countries do not have stipulations on its use, and importing asbestos-containing materials was a direct pipeline of the substance into the U.S.
6 Types of Asbestos
There are six types of asbestos:
- Chrysotile
- Amosite
- Anthophyllite
- Actinolite
- Tremolite
- Crocidolite
Chrysotile and amosite are the two most commonly found in structures. The others were not generally commercially mined and, while still regulated, are typically only found in building materials as contaminants.
Asbestos was added to building materials because of its unique properties, including high tensile strength, excellent insulating properties (for temperature, sound, and electricity), fire resistance, and general imperviousness to chemical attack. Under all regulations, a building material must contain more than 1% asbestos by weight in a particular distinct layer or type of material to be classified as an asbestos-containing material.
Building Materials That May Contain Asbestos
What building materials are likely to have asbestos in them? The list is very long and includes:
- Sheetrock (drywall)
- Drywall muds and textures
- Popcorn ceiling textures
- Plaster
- Patching compounds
- Floor fillers
- Floor tile and floor tile mastics
- Resilient sheet floor coverings and associated mastics
- Ceiling tiles (glue up and lay in)
- Fireproofing materials
- Wall and ceiling spray-on sound-deadening or textures (often found in gymnasiums or auditoriums)
- Caulking
- Roofing tars and coatings
- Roof flashing coatings and paints
- Tar paper
- Window glazing
- Cementitious exterior siding and roofing shingles
- Exterior stucco
- Cementitious water and sewer piping
- Other types of glues
- Foundation coatings
- Fire door cores
- Boiler insulations
- Pipe and fitting insulations
- Furnace duct seam tapes and duct insulations
- Classroom chalkboards
- Science countertops
- Electrical panel components
- Electrical wire insulation
- Stage lighting wire jackets
- Light fixture heat shields
- Attic insulations
- Hollow cinder block pour-in insulations
- Cinder block/concrete interior and exterior surface fillers
Asbestos has also been widely used in insulation since the late 1800s and in building construction from around 1940 to the late 1980s.
Be aware that the list above is not comprehensive. People sometimes ask, “Did they use asbestos in this building?” To emphasize the magnitude of the issue, we say that the answer is almost certainly “yes,” as you can always find some type of asbestos-containing material in a structure. In fact, under the regulations governing the safe handling of asbestos, you are required to assume all suspect building materials contain asbestos until you prove they do not.
Consequences of Failing To Manage Asbestos in Schools and Public Buildings
The government heavily regulates exposure to and management of asbestos. The penalties for failing to perform inspections, manage these materials carefully, and properly train and protect personnel responsible for dealing with them are significant. Consequences include large fines, civil litigation, criminal penalties, and lengthy prison terms.
Beyond AHERA and ASHARA, other regulations affect the handling of asbestos-containing materials. The list includes additional EPA requirements, Occupational Safety and Health Administration (OSHA) and Department of Transportation (DOT) regulations, and state and local laws.
If you are responsible for a school or public building or plan to renovate any structure and the work will disturb building materials, it is crucial to contact a licensed, trained, insured company like Colorado Hazard Control. Involving trained professionals with the expertise and experience to help resolve these conditions can eliminate your safety concerns and ensure you comply with regulations.
If you have questions about asbestos abatement for schools and public buildings, please contact us at your convenience. Call 303-410-4941 in the Denver and Northern Colorado areas or 719-547-2785 in the Colorado Springs, Pueblo, and Southern Colorado areas. You can also complete our contact form to get a quote.
About Colorado Hazard Control
Colorado Hazard Control is the natural industrial, commercial and residential environmental solutions provider achieving the highest quality workmanship by focusing intensely on what we do best — health, safety, and environmental compliance. With locations in Denver, Colorado Springs and Pueblo, we offer our services statewide. Whatever your needs - lead abatement, mold remediation, radon mitigation, demolition, or training - we're there with 24-hour emergency response available. https://www.coloradohazard.com
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