Enforcement Alert
Volume?, Number 1
Office of Regulatory Enforcement
September 2004
Schools Learn to Protect Students, Staff
From Exposure to Asbestos Hazards
U.S. Law Requires Inspections, Planning and Notice of Potential Danger
U.S. Environmental Protection
Agency (EPA) inspections of five
schools in Puerto Rico in 2002-
2003 found widespread failure to
protect children from exposure to
asbestos. Dust was evident in
About
Enforcement Alert
Enforcement Alert \s published
periodically by EPA'sOfficeof
Regulatory Enforcement in the
Office of Enforcement and
Compliance Assurance to inform
and educate the public and the
regulated community of key
environmental enforcement
issues, recent trends and
significant enforcement actions.
This information should helpthe
regulated community anticipate
and prevent violations of federal
environmental law. Reproduction
and dissemination of this
publication are encouraged. To
receive this newsletter
electronically, see:
www.epa.gov/compliance/
resources/newsletters/civil/
enfalert/index.html
Director, Office of Regulatory
Enforcement: Walker B. Smith
Editor: Pat Reilly
reilly.pat@epa.gov
Address changes: Send email
message to: ncepiwo@one.net
Document Number: EPA 325-N-03-001
several school buildings where
stucco containing asbestos had
been removed improperly: signifi-
cant portions of the stucco remain-
ing in classrooms was damaged
and pieces of stucco were found
on a desk and a floor in one
classroom. It was clear that
schools were not properly collect-
ing asbestos-containing waste
material. EPA learned that in one
school, a teacher and several
students had removed about 2,000
square feet of asbestos-containing
vinyl floor tiles. Neither the stu-
dents nor the teacher were prop-
erly trained in how to do this safely
and they did not wear protective
gear.
In an administrative settlement
reached in early 2004, the EPA
imposed a $5.6 million penalty
against the Puerto Rico Depart-
ment of Education for violations of
the Asbestos Hazard Emergency
Response Act (AHERA). The
settlement calls for the Puerto Rico
Department of Education (DOE) to
invest the funds in a comprehensive
three-year program to identify and
reduce or eliminate asbestos
hazards and reduce children's
exposure to asbestos in over 1,500
public schools on the island.
Under the terms of the Consent
Agreement, the Puerto Rico DOE
will submit to EPA and the Puerto
Rico Environmental Quality Board a
work plan that provides for the
training of personnel on AHERA
requirements, the inspection of all
schools and the abatement of any
damaged asbestos-containing
What is asbestos?
Asbestos is a naturally occurring
mineral fiber, once widely used
in building materials for its
thermal insulating properties and
fire resistance. Today, there is a
popular misconception that
asbestos-containing materials
were banned and removed from
school buildings many years
ago. Although the removal of
asbestos from school buildings
has been an option for schools,
it is much more likely that
schools, or local education
agencies, have chosen to
manage some asbestos-contain-
ing building material in place.
More asbestos answers
inside.
http://www.epa.gov/compliance/resources/newsletters/civil/enfalert/index.html
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Enforcement A lert
Questions and Answers
materials. The inspection portion
stipulates that the Puerto Rico DOE
will inspect all of its schools by Aug.
31,2004, and inspect first the
schools that were built prior to
1989, which are the most likely to
contain asbestos.
As for abatement, the Puerto Rico
DOE will fix any asbestos problems
or isolate areas until they can be
properly addressed. It also must
submit monthly progress reports to
EPA, inform the public of all
Asbestos in schools
remains an important
national public health
issue, one that EPA
takes most seriously
abatement work and clearly mark
the areas to be abated or isolated.
The Puerto Rico DOE must de-
velop and update asbestos manage-
ment plans; conduct all other
inspections, such as those required
on a semiannual and triennial basis;
develop operations and mainte-
nance plans; and keep records of all
asbestos-related activities in all
schools. All information pertaining
to the requirements must be avail-
able for public review in each
school.
This edition of EPAs Enforcement
Alert is to remind schools of their
obligations under AHERA and
provide the public with some very
basic compliance information.
Why is asbestos a problem?
The presence of asbestos in high-
activity public buildings, such as
schools, makes accidental damage
or disturbance of the materials
possible and creates the potential
for exposure. When asbestos-
containing building material is
damaged or disturbed, fibers can
be released into the air and they
can be inhaled into the lungs by
school children, teachers and
school employees. Asbestos
exposure can lead to diseases such
as lung cancer, asbestosis (scarring
of the lung) and mesothelioma
(cancer of the abdominal lining).
These diseases have a very long
latency period. Symptoms of
disease may not occur for 30 years
after the initial exposure.
Is asbestos still used in building
materials?
A number of building materials still
in use today contain asbestos.
Asbestos remains in use as an
acoustic insulator, thermal insula-
tion, fire proofing, roofing, flooring
and other materials. You can find a
more complete list of where you
can find asbestos at: www.epa.gov/
asbestos/asbuses.pdf
What is AHERA?
The Asbestos Hazard Emergency
Response Act, a provision of the
Toxic Substances Control Act, was
passed by Congress in 1986.
AHERA requires local educational
agencies to inspect their schools for
asbestos-containing building mate-
rial and prepare management plans
that make recommendations for the
reduction of asbestos hazards.
Who is subject to AHERA?
Public school districts and non-
profit private schools (collectively
called local educational agencies)
are subject to AHERA's require-
ments. This includes charter
schools and schools affiliated with
religious institutions.
How do I comply with AHERA?
The rules implementing AHERA are
published in the Code of Federal
Regulations, Chapter 40, Part 763,
SubpartE. The AHERA rules
require local education agencies to
take actions, including the following:
• Perform an original inspection
and re-inspection every three
years of asbestos-containing
material;
• Develop, maintain, and update
an asbestos management plan
and keep a copy at the school;
• Provide yearly notification to
parent, teacher, and employee
organizations regarding the
availability of the school's
asbestos management plan and
any asbestos abatement actions
September 2004
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Enforcement Alert
taken or planned in the school;
• Designate a contact person to
ensure the responsibilities of the
local education agency are
properly implemented;
• Perform periodic surveillance of
known or suspected asbestos-
containing building material;
• Ensure that properly-accredited
professionals perform inspec-
tions and response actions and
prepare management plans; and
• Provide custodial staff with
asbestos-awareness training.
What is an asbestos manage-
ment plan?
An asbestos management plan is
the local educational agency's
documentation of its recommended
actions in response to asbestos. It
cites the location of asbestos within
the school and any action taken to
repair or remove the material. The
local educational agency must
maintain records to be included in
the asbestos management plan.
These records include:
• A list of the name and address
of each school building and
whether the building has
asbestos-containing building
material and what type of
material contains asbestos;
• The date of the original school
inspection;
• The plan for re-inspections;
• A blueprint, diagram or written
description that clearly identifies
the location of any asbestos-
containing building material
remaining in the school;
• A description of any response
action or preventive measures
taken to reduce asbestos
exposure;
• A copy of the analysis of any
building material and the name
and address of any laboratory
that sampled the material;
• The name, address, and
telephone number of the person
designated by the local educa-
tion agency to carry out the
plan; and
• A description of steps taken to
inform workers, teachers, and
students or their legal guardians
about inspections, re-inspec-
tions, response actions and
periodic surveillance.
The asbestos management plan
must be updated with information
collected during surveillance every
six months, re-inspections every
three years, and every time a
response action is taken within the
school.
Records of annual notifications to
parents, teachers and staff concern-
ing the availability of the school's
asbestos management plan must be
included within the asbestos
management plan files.
Who is responsible for oversee-
ing the management of asbestos
in a school building?
The local education agency must
nominate a "designated person" to
perform and delegate, if necessary,
the management of asbestos in a
school building.
What is EPA doing to help keep
children safe?
EPA is committed to ensuring that
local educational agencies protect
children by complying with
AHERA. EPA will provide local
education agencies and parents and
teachers with information about the
AHERA asbestos-in-schools
requirements. EPAis working with
the National Parent-Teacher
Association, the National Education
Association, and the Department of
Education. A new website provides
Regional contacts and news:
www.epa.gov/asbestos/
regioncontacthtml
Although EPAis using outreach as
its primary compliance tool, where
appropriate, EPA will continue to
take enforcement actions against
local educational agencies that fail
to maintain compliance with
AHERA.
What happens to penalties
assessed against schools for
failure to comply?
AHERA provides that penalties
September 2004
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SEPA
United States
Environmental Protection Agency
Office of Regulatory Enforcement
(2241A)
Washington, D.C. 20460
Official Business
Penalty for Private Use $300
'Enforcement Alert' newsletter
assessed against local educational
agencies first be used to return the
schools to compliance with asbes-
tos requirements.
What else do I have to do to
ensure that students are safe?
The Asbestos National Emissions
Standards for Hazardous Air
Pollutants (NESHAP), found at 40
C.F.R.Part61,SubpartM,
requires that owners or operators
of facilities notify the appropriate
authority (usually the state air
agency) before demolishing or
renovating facilities. If minimum
amounts of regulated asbestos will
be removed or disturbed, the
owner/operator must adequately
wet and carefully remove the
asbestos components, keeping
them wet until collected for dis-
posal, and then disposing of the
asbestos waste in accordance with
the regulations.
There are certain emergency
exceptions to allow speedy cleanup
of unsafe buildings and other
extraordinary conditions. The
Asbestos NESHAP defines the
kinds of facilities and asbestos that
are regulated. Additional informa-
tion at: www.epa.gov/compliance/
resources/policies/civil/caa/
neshapguid.html
Where can I learn more?
Additional information on AHERA
and asbestos in schools is available
on EPAs asbestos in schools
website at: www.epa.gov/asbes-
tos/asbestos_in_ schools.html
You will find several resources on
the EPA website including the
recently updated The ABC's of
Asbestos in Schools. You can also
request more information on the
AHERA requirements from the
Toxic Substances Control Act
(TSCA) Assistance Information
Service at202-554-1404, orfrom
the Asbestos Ombudsman at 1-
800-368-5888.
EPAmaintains 10 Regional Offices
to implement Federal environmental
programs around the country.
These Regional Offices cooperate
with Federal, State, interstate, and
local agencies, as well as with
industry, academic institutions, and
other private groups, to ensure that
their Region's needs are addressed
and that Federal environmental laws
are upheld.
Within each Region, Regional
Asbestos Coordinators and Na-
tional Emission Standards for
Hazardous Air Pollutants
(NESHAPs) Asbestos Coordina-
tors oversee Asbestos efforts:
www.epa.gov/asbestos/
regioncontact.html
Useful Compliance
Assistance Resources
Office of Enforcement and
Compliance Assurance:
www.epa.gov/compliance
National Compliance Assis-
tance Clearinghouse:
www.epa.gov/
clearinghouse
Compliance Assistance
Centers:
www.assistancecenters.net
Small Business Gateway:
www.epa.gov/smallbusiness
September 2004
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