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Many local education agencies (LEAs) intend to select certain person(s) who are permanent employees of the district to become accredited asbestos professionals under the Asbestos-containing Materials in Schools Rule. Does EPA see this as a problem?

Generally, no. The conflict-of-interest provision in the asbestos-containing materials in schools rule, which merely requires LEAs to “consider” conflict of interest issues, primarily pertains to outside contractors who serve in two or more capacities (see rule preamble discussion at 52 FR 41836). LEAs retain the option of using their own employees to carry out these tasks, and there can be a direct benefit to the LEA from having their employees well-trained and able to perform these functions. Nonetheless, conflict-of-interest issues could arise and, pursuant to 40 CFR part 763.84(h), must be considered by the LEA.