The staff of Senator Edward J. Markey (D-Mass.) has released a new report that confirms that students, teachers, and staff are still at risk for asbestos exposure. On March 31, 2015, Senator Markey and Senator Barbara Boxer (D-Calif.) began an investigation into the management of asbestos hazards in school buildings.
In doing so, they sent letters to the governors of all fifty states to find out more about their implementation and enforcement of the Asbestos Hazard Emergency Response Act (AHERA), passed by Congress in 1986. Ultimately, they received responses from 20 states and reached several conclusions.
First, the report found that the scope of asbestos hazards in schools in the United States is likely widespread but remains difficult to ascertain. Based on the responses received, about two-thirds of local education agencies have schools that have been identified as harboring asbestos.
Second, the report found that states do not appear to be systematically monitoring, investigating, or addressing asbestos hazards in schools. Since AHERA was passed, the oversight responsibilities for it have become ambiguous and confusing, including figuring out whom the point of contact for AHERA enforcement in a particular state is. Thirty states did not respond at all, and the twenty that did showed a wide range of information.
Third, the report found that states do not report conducting regular inspections of local education agencies to detect asbestos hazards and enforce compliance. Eight of the 15 states responding to this inquiry were unable to articulate a clear schedule used to inspect each local education agency to detect asbestos hazards. Three of the 15 indicated that each local education agency is audited periodically, and one state conducts forty inspections per year. Finally, the enforcement actions taken seem to be reactive to complaints from parents and school employees rather than proactive, regular oversight strategies.
Lastly, the report found that states do not report record-keeping activities intended to keep track of asbestos hazard information or remediation activities in schools. There are currently few data reporting requirements to ensure compliance with AHERA, and local education agencies are trusted to maintain the required documentation of operation plans, inspection reports, management plans, annual notifications, and to take appropriate management actions.
Ultimately, the report recommends that the non-response from 30 states and several item non-responses or ambiguity from the other twenty states may be indicative that oversight of AHERA is insufficient. It further recommends that AHERA be amended to provide consumers with access to current information about asbestos-containing products, be strengthened to require the EPA to evaluate states’ AHERA programs every ten years, require the states to communicate information to the EPA on their progress with implementation, and increase funds available for AHERA enforcement.