EPA Settles with Three Maryland Schools and One School District to Ensure Safe Management of Asbestos

PHILADELPHIA (November 12, 2008 ) – The U.S. Environmental Protection Agency has settled four cases in Maryland in an effort to ensure the safe management of asbestos-containing materials in schools.

In separate consent agreements with EPA, the Board of Education of Dorchester County Schools, St. Timothy’s School in Stevenson, Md., the First English Evangelical Lutheran Church preschool and kindergarten in Baltimore, and Saint Paul’s Evangelical Lutheran Church School in Kingsville, Md., have settled alleged violations of the Asbestos Hazard Emergency Response Act (AHERA), the federal law requiring schools to inspect and manage asbestos-containing building materials.

The AHERA violations the three individual schools and the one school district were cited for include failing to include all school buildings in the management plan, failure to conduct an initial inspection of all school buildings to determine if there was any asbestos located in the facility, failure to submit an asbestos management plan, failure to conduct reinspections of all friable and nonfriable asbestos every three years, and failure to provide annual notification of the management plan to parents, teachers, and employee organizations.

EPA did not find that students or other building occupants were exposed to asbestos as a result of the alleged violations. The schools that were cited have now certified their compliance with the AHERA requirements.

Under AHERA, EPA may agree to reduce or eliminate penalties due to the schools’ cooperation with EPA, compliance activities and expenditures. The four Maryland settlement agreements are:

1. EPA inspected St. Timothy’s School, Stevenson, Md., and cited it for failing to maintain copies of updated management plans in the school, failing to inspect the athletic complex, and failing to provide annual notification to parents, teachers, and employees. The school has spent at least $17,195 to come into compliance, so there is a zero penalty amount.

2. EPA inspected 13 schools in the Dorchester County Public School district, headquartered in Cambridge, Md. The violations vary from school to school but include failure to conduct reinspections of nine facilities every three years and failure to make management plans available for inspection. Dorchester County Public Schools has spent at least $55,250 to comply with AHERA regulations, so there is zero penalty amount.

3. EPA cited First English Evangelical Lutheran Church, Baltimore, Md. for AHERA violations discovered during inspections by the Maryland Department of the Environment, which included failure to have an initial inspection conducted at the facility to determine whether there was any asbestos in the facility prior to its use as a school, and failure to submit an asbestos management plan for the facility. EPA determined the civil penalty to be $5,500. The school has spent $3,000 on compliance and agrees to an additional penalty of $2,500.

4. EPA cited Saint Paul’s Evangelical Lutheran Church, Kingsville, Md., for failing to include the parish hall, a school building used for recreational activities, in the management plans. The school has spent $5,682 to come into compliance, so there is a zero penalty amount.

Asbestos was once widely used in building materials due to its insulation and fire retardant properties. Damaged or disturbed asbestos may release fibers which, if inhaled, create a risk of asbestosis, lung cancer, and other respiratory illnesses. However, intact, undisturbed asbestos materials generally do not pose a health risk, if managed in accordance with AHERA safeguards. For general information about asbestos and its regulation, visit www.epa.gov/asbestos. Information on asbestos in schools is available at www.epa.gov/asbestos/pubs/asbestos_in_schools.html.

Today’s action contributes to EPA's record-shattering enforcement results for the 2008 Fiscal Year. To date, EPA has concluded enforcement actions requiring polluters to spend an estimated $11 billion on pollution controls, clean-up and environmental projects, an all time record for EPA. After these activities are completed, EPA expects annual pollution reductions of more than three billion pounds.

Source: http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/e9e2fdab6e1904e0852574ff006a6447!OpenDocument

Dealing with Debris and Damaged Buildings

As per the EPA - EPA's guidance has been requested on the demolition of structurally unsound buildings damaged by Hurricane Katrina. Various federal regulations apply to building demolition activities. Areas of primary federal concern include asbestos demolition requirements, the proper disposal of electrical equipment containing PCBs (i.e., distribution transformers and capacitors) and storage tanks. EPA recognizes the difficult circumstances faced in demolishing structurally unsound buildings damaged by Hurricane Katrina may make full compliance difficult. However, in any event, you should take the actions set forth below to the extent feasible.

Efforts to restore the damaged areas to their pre-disaster condition often involve removing or repairing damaged structures. There may be a natural tendency at this stage to overlook certain hazards, such as asbestos, that are not immediately life threatening. However, such hazards are serious and may manifest themselves many years from the time of exposure and should be taken into consideration. Given the health hazards associated with asbestos, PCBs, lead, and other harmful substances, it is reasonable that adequate measures be taken during emergency situations to minimize exposure to such materials from the demolition of buildings.

The following guidelines are provided to help minimize the health, safety and environmental risks associated with the demolition of structurally unsound buildings (structures that remain standing but are in danger of imminent collapse). In the case of such buildings it would be unsafe to enter or inspect a structure to determine the amount, types, and location of building materials containing asbestos, PCBs, lead, or other harmful substances. This guidance does not apply to the demolition of hurricane damaged but structurally sound buildings.
This guidance remains in effect through December 31, 2005, and applies only to areas damaged by Hurricane Katrina.

To the extent feasible, efforts should be made to perform the following steps:

Go to to http://www.epa.gov/katrina/debris.html for remainder of article

Guidance Document for the Management of Asbestos

Guidance Document for the Management of Asbestos-containing Material (ACM) (Updated 09/10/2008) as published on the NJDEP (New Jersey Department of Environmental Protection)

As per the NJDEP's website" The information outlined herein is intended to serve only as guidance to persons interested in understanding the regulation of asbestos disposal in New Jersey. This guidance must be consulted in conjunction with the solid waste regulations at N.J.A.C. 7:26 et seq. and other relevant regulations to understand the complete requirements for disposal of asbestos containing materials. For the reader's convenience, an unofficial version of N.J.A.C. 7:26 et seq. can be found using the "NJ Regulations" selection on the Department's Division of Solid and Hazardous Waste web page at http://www.state.nj.us./dep/dshw or directly by using the Web link http://www.state.nj.us./dep/dshw/resource/rules.htm "

Source Page http://www.state.nj.us/dep/dshw/rrtp/asbestos.htm

Reduce Exposure to Asbestos

Steps to Reduce Exposure

It is best to leave undamaged asbestos material alone if it is not likely to be disturbed.
Use trained and qualified contractors for control measures that may disturb asbestos and for cleanup.

Follow proper procedures in replacing wood stove door gaskets that may contain asbestos.

If you think your home may have asbestos, don't panic!

Usually it is best to leave asbestos material that is in good condition alone. Generally, material in good condition will not release asbestos fiber. There is no danger unless fibers are released and inhaled into the lungs.

Do not cut, rip, or sand asbestos-containing materials.

Leave undamaged materials alone and, to the extent possible, prevent them from being damaged, disturbed, or touched. Periodically inspect for damage or deterioration. Discard damaged or worn asbestos gloves, stove-top pads, or ironing board covers. Check with local health, environmental, or other appropriate officials to find out about proper handling and disposal procedures. If asbestos material is more than slightly damaged, or if you are going to make changes in your home that might disturb it, repair or removal by a professional is needed. Before you have your house remodeled, find out whether asbestos materials are present.

When you need to remove or clean up asbestos, use a professionally trained contractor.
Select a contractor only after careful discussion of the problems in your home and the steps the contractor will take to clean up or remove them. Consider the option of sealing off the materials instead of removing them.

Asbestos Definitions and Facts

Asbestos - Definition

Asbestos - a fibrous amphibole; used for making fireproof articles; inhaling fibers can cause asbestosis or lung cancer

Asbestos Related Words

Amphibole - a mineral or mineral variety belonging to the amphibole group
Chrysotile - a gray or green fibrous mineral; an important source of commercial asbestos
Tremolite - a white or pale green mineral (calcium magnesium silicate) of the amphibole group used as a form of asbestos

Asbestos Facts

Asbestos is a family of naturally occurring minerals, found in serpentinite and other metamorphic rock

Because of its strength and resistance to heat, asbestos was used for insulation, heat resistant clothing, roofing and fire proofing. It was also used as an additive to ease the manufacture and application of ceiling and wall finishes, tape joint compounds, floor tiles and mastics.

Since many building materials can contain asbestos, remodel and repair activity in residential and commercial structures which disturbs asbestos-containing materials may cause the release of asbestos fibers into the air. There is no known health threat if asbestos-containing materials are in generally good condition and are left undisturbed.

Inhaling airborne asbestos fibers can increase the risk of developing certain lung diseases, including lung cancer, mesothelioma and asbestosis.

In the United States there are many regulations protecting children, employees, tenants, workers and others from exposure to asbestos. These include AHERA (schools), OHSA (workers), ASHARA (public buildings) and NESHAPS (emissions).

Types of Asbestos

There are two types of asbestos containing material:

Friable Asbestos-Containing Materials - contain over 1% asbestos and can be crumbled, crushed or reduced to powder by hand pressure when dry. Common examples of friable asbestos-containing materials are spray acoustic ceilings, acoustic tiles, plaster, pipe and duct wrap, and paper backing of linoleum.

Non-friable Asbestos-Containing Materials - are typically bound up with cement, vinyl, asphalt or some other type of hard binder. Some examples of non-friable asbestos building materials are cement/transite siding, vinyl floor tiles and stucco. Non-friable asbestos-containing material may become friable if it is crushed, crumbled, pulverized, or subjected to sanding, drilling, grinding, cutting, or abrading.