Environmental Engineering Reference
In-Depth Information
such as lung cancer and mesothelioma. In response to these concerns, USEPA
developed and implemented a program of guidance and technical assistance
to school districts and state and local public health and environmental
authorities in identifying and mitigating potential asbestos hazards. This
program was conducted in cooperation with the Public Health Service and
the Occupational Safety and Health Administration (OSHA). A guidance
document which provided detailed information on how to identify and
control friable ACM in schools was developed, published, and distributed
to school officials and other interested parties.
After the technical assistance program was implemented, USEPA in 1979
initiated a process of rule-making in response to citizen petitions and a
lawsuit. The rule-making process was completed in 1982.
In 1980, Congress enacted the Asbestos School Hazard and Detection
Act. It authorized the Secretary of Education to establish procedures to make
federal grant money available to (1) assist state and local education agencies
(LEAs) in identifying ACM in school buildings and (2) provide low-interest
loans to abate asbestos hazards.
In 1982 USEPA promulgated the “asbestos in schools” rule. It required
that all public and private elementary and secondary schools implement
programs to identify friable ACM, maintain records, notify employees of the
location of friable ACM, provide instructions to employees on how to reduce
asbestos exposures, and notify the school's parent-teacher association of
inspection results. The response of LEAs to USEPA's 1982 asbestos in schools
requirements was one of considerable uncertainty. Questions arose concern-
ing the adequacy of inspection procedures, the need to manage asbestos
problems, and the cost to individual LEAs. Because of these uncertainties
and failure of Congress to appropriate sufficient money for the program, the
“asbestos in schools” rule failed to achieve its objectives.
Because of the failure of the asbestos in schools rule to adequately
address asbestos exposure concerns in school buildings, Congress amended
the Toxic Substances Control Act (TSCA) in 1986. The new amendments,
described as the Asbestos Hazard Emergency Response Act (AHERA), man-
dated that USEPA promulgate rules regarding (1) inspection of public and
private schools in the U.S. for ACM; (2) a description of response actions,
circumstances in which they would be required, and their implementation;
(3) establishment of operation and maintenance (O&M) programs for friable
ACM; (4) establishment of periodic surveillance and reinspection programs
for ACM; (5) notification of state governors of asbestos management plans;
and (6) transportation and disposal of waste ACM.
Final rules to implement AHERA were promulgated by USEPA on Octo-
ber 17, 1987. Regulatory requirements not specifically addressed in the
AHERA statute included: (1) development of a model accreditation plan
specifying minimum training requirements for building asbestos inspectors,
management planners, abatement workers, project designers, and supervi-
sors/contractors; (2) bulk sampling using specified procedures to iden-
tify/confirm the presence of asbestos fibers in suspect building materials;
