Asbestos in Schools Environmental Health and Safety Webinar Series 04 SEPT 2012 Dr. David Peterson
Presentation Overview • Introduction • NESHAP • AHERA • OSHA • Common Asbestos Acronyms & Terms and Definitions • What is Asbestos? Why is Asbestos a Hazard? When is Asbestos a Hazard? • Regulations and Compliance • ACBM – Classes of Material and What to watch out for • What should My District Be Doing? • Recommended Guidelines • Resources
Asbestos Enforcement Program There are a number of laws that govern how asbestos materials are to be handled in schools, public and commercial buildings, including buildings that are to be demolished or undergoing major renovations. The laws that govern asbestos management and removal under the Environmental Protection Agency include: the Asbestos Hazard Emergency Response Act (AHERA), the Asbestos School Hazard Abatement Reauthorization Act (ASHARA) and the National Emission Standards for Hazardous Air Pollutants for Asbestos (NESHAP). The Occupational Safety and Health Administration (OSHA) regulates exposure to asbestos in the workplace. SAN FRANCISCO -- The U.S. Environmental Protection Agency recently fined three Arizona charter school operators a combined total of $27,480 for alleged Asbestos Hazard Emergency Response Act (AHERA) violations
Common Asbestos Acronyms • AHERA - Asbestos Hazard Emergency Response Act • ASHARA - Asbestos School Hazard Abatement Reauthorization Act • CAA - Clean Air Act • CFR - Code of Federal Regulations • FR - Federal Register • NESHAP’s - National Emission Standards for Hazardous Air Pollutants • NDAAC - National Directory of AHERA Accredited Courses • PLM - Polarized Light Microscopy • TEM - Transmission Electron Microscopy • TSCA - Toxic Substance Control Act
Terms and Definitions Abatement: any operation that is designed to permanently remove asbestos-containing materials. Asbestos Hazard Emergency Response Act (AHERA): this act became law in 1987 and specified a plan by which K-12 schools would manage asbestos. Asbestos-Containing Material (ACM): any material that contains more than 1% of asbestos. Asbestos related work: any work that involves ACM and may result in the release of any quantity of asbestos fibers into the air.
...Terms and Definitions Disturbance: contact with any material that contains ACM or PACM that causes release of fibers. Fiber: a particulate form of asbestos, 5 micrometers or longer, with a length-to-diameter ratio of at least 3-to-1. Intact: ACM that has not crumbled, been pulverized, or otherwise deteriorated. Presumed Asbestos-Containing Material (PACM): materials that may contain asbestos but have not yet been tested.
...Terms and Definitions Removal: all operations where ACM and/or PACM is taken out or stripped from structures or substrates, including demolition operations. Renovation: any operations that involves altering a facility or one or more facility components in any way.
What is Asbestos? Asbestos is the name given to a group of naturally occurring minerals used in certain products, such as building materials and vehicle brakes, to resist heat and corrosion. Asbestos includes: - chrysotile - amosite - crocidolite - tremolite asbestos - anthophyllite asbestos, - actinolite asbestos - and any of these materials that have been chemically treated and/or altered.
What is Asbestos? • A naturally occurring mineral • Added to building materials because of its good insulating, strength, sound-proofing, fireproofing and corrosion-resistance properties
Why is Asbestos a Hazard? Asbestos is made up of microscopic bundles of fibers that may become airborne when disturbed. These fibers get into the air and may become inhaled into the lungs, where they may cause significant health problems. Researchers still have not determined a “safe level” of exposure but the greater and the longer the exposure, the greater the risk of contracting an asbestos related disease. Some of these health problems include: - Asbestosis - Mesothelioma - Lung Cancer
Asbestos Health Effects Asbestos is a problem when it is disturbed and fibers are released into the air.
...Why is Asbestos a Hazard? Asbestosis: a lung disease first found in naval shipyard workers. As asbestos fibers are inhaled, they become trapped in the lung tissue. The body tries to dissolve the fibers by producing an acid. This acid, due to the chemical resistance of the fiber, does little to damage the fiber, but may scar the surrounding tissue. Eventually, this scarring may become so severe that the lungs cannot function. The latency period is often 25 - 40 years. Mesothelioma: a cancer of the pleura ( the outer lining of the lung and chest cavity) and/ or the peritoneum ( the lining of the abdominal wall). This form of cancer is peculiar because the only known cause is from asbestos exposure. The latency period for mesothelioma is often 15-30 years. * Latency period - the time it takes for the disease to develop
...Why is Asbestos a Hazard? Lung Cancer: Asbestos is a contributing factor of lung cancer. The effects of lung cancer are greatly increased by cigarette smoking (by about 50%). Cancer of the gastrointestinal tract can also be caused by asbestos. The latency period for cancer is often 15-30 years. * Latency period - the time it takes for the disease to develop
When is Asbestos a Hazard? Asbestos is not always an immediate hazard. In fact, if asbestos can be maintained in good condition, it is recommended that it be left alone and periodic surveillance performed to monitor its condition. It is only when asbestos containing materials (ACM) are disturbed or the materials become damaged that it becomes a hazard. When the materials become damaged, the fibers separate and may then become airborne. In the asbestos industry, the term ‘friable’is used to describe asbestos that can be reduced to dust by hand pressure. ‘Non-friable’means asbestos that is too hard to be reduced to dust by hand. Non-friable materials, such as transit siding and floor tiles are not regulated provided it does not become friable. Machine grinding, sanding and dry-buffing are ways of causing non-friable materials to become friable.
Asbestos National Emission Standard for Hazardous Air Pollutants The purpose of the Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) Program is to protect public health from exposure to regulated asbestos-containing material (RACM) during NESHAP facility renovation/demolition activities, asbestos removal, transport and disposal, closely monitoring those activities for proper notification and asbestos emissions control. Asbestos is known to cause cancer and other respiratorydiseases in humans. Under Section 112 of the Clean Air Act (CAA), Congress gave the U.S. Environmental Protection Agency (EPA) the responsibility for enforcing regulations relating to asbestos renovations and demolitions activities. The CAA allows the U.S. EPA to delegate this authority to state and local agencies. Even after the U.S. EPA delegates responsibility to a state or local agency, the U.S. EPA retains authority to oversee agency performance and to enforce the Asbestos NESHAP regulations as necessary. The Asbestos NESHAP program in Arizona is enforced by federal, state, and county Asbestos NESHAP agencies.
Asbestos Regulations National Emission Standards for Hazardous Air Pollutants (NESHAP) Requires: • INSPECTION prior to renovation and demolition activities by a certified inspector. • NOTIFICATION required if more than 160 sq ft or 260 linear feet of friable material is removed. • Proper Work Methods required to prevent asbestos fiber release. • Proper Disposal requires friable asbestos to be disposed of in a licensed landfill.
AHERA The Asbestos Hazard Emergency Response Act (AHERA), a provision of the Toxic Substances Control Act, became law in 1986. AHERA requires local education agencies to inspect their schools for asbestos-containing building material and prepare management plans to prevent or reduce asbestos hazards. Public school districts and non-profit private schools (collectively called local education agencies) are subject to AHERA's requirements. This includes charter schools and schools affiliated with religious institutions.
Asbestos Regulations Asbestos Hazard Emergency Response Act (AHERA) effective 1987. • Applies to all public and private schools or Local Education Agencies (LEA) • Requires inspection, training, notifications, labels, Designated Person, and a Management Plan • Designated Person assigned to keep management plan and associated requirements up to date.
The rules implementing AHERA are published in the Code of Federal Regulations, Chapter 40, Part 763, Subpart E. The AHERA rules require local education agencies to take actions to: • 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 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 inspections and response actions and prepare management plans; and • Provide custodial staff with asbestos-awareness training. How do schools comply with AHERA?
Asbestos RegulationsAHERA Training • Designated person training • 2-hour asbestos awareness training • 14-hour training
Asbestos Containing Building Material (ACBM) Only considered by EPA definition ACBM if greater than 1% asbestos Two classes: • Friable • Non-friable
ACBM Classes Friable • A material that, when dry, may be crumbled, pulverized or reduced to powder by hand pressure, and includes previously non-friable material after it has been damaged to the extent that it has now become friable
Asbestos Containing Building Materials (ACBM) There are three main types: • Thermal System Insulation (TSI) • Surfacing Material • Miscellaneous
Asbestos Containing Building Materials Thermal System Insulation (TSI) • Pipes • Boilers • Ducts • Includes elbow and joint mudding • Can be subject to significant damage unless protected
Asbestos Containing Building Material Surfacing Material • Condensation control • Acoustical insulation • Decoration • Fireproofing • Sprayed-on or troweled-on
ACBM – Surfacing Popcorn ceiling Structural steel & deck coating
Asbestos Containing Building Materials Miscellaneous • Floor and ceiling tiles • Gaskets, mastic, plaster, wallboard • Asbestos/cement products • Fabrics such as stage curtains are not ACBM • Roofing felt, mastic & siding are not covered under AHERA
Recognizing Damage to ACBM • Look for holes, rips, water stains, abrasion • Remember the asbestos fibers are invisible without microscope • Need to know where the asbestos is and always respond to any visible damage as though there has been a release
Proper methods for dealing with Asbestos The AHERA schools rule rarely requires the removal of asbestos materials. Proper asbestos management begins with a comprehensive inspection by qualified, trained and experienced inspectors, accredited through an EPA or state-approved training course. Inspecting the condition of asbestos materials – initially with AHERA-accredited inspectors and at least semi-annually with trained custodial or maintenance staff – is extremely important so that changes in the material’s condition - damage or deterioration, can be detected and corrected before the condition worsens. Only an AHERA-accredited management planner – an asbestos professional with proper training, qualifications, and experience – is authorized to advise school officials on which response action is appropriate for a particular situation.
What Should My School District Be Doing? Under the AHERA schools rule, each local education agency (LEA, which means a school district or private school) must take the following asbestos-related actions: 1 Designate and train a person to oversee asbestos-related activities in the school system. 2 Inspect every school building for “friable” and “nonfriable” asbestos-containing building materials. 3 Prepare a management plan for managing asbestos and controlling exposure in each school. 4 Consult with accredited inspection and management professionals to identify and carry out whatever asbestos actions are necessary and appropriate to protect health and the environment. These actions or methods must be documented in the management plan. 5 Notify the public about the asbestos inspection and the availability of the asbestos management plan for review. 6 Use only properly accredited persons to conduct inspections, to develop the asbestos management plan, and to carry out the appropriate response actions. 7 Keep records of all asbestos related activities in the plan and make them available for public review.
What Does the LEA Designated Person Do? This designated person must meet certain training requirements, and serves as the single point of contact for public information about asbestos-related activities in the LEA. He or she is responsible for: • Ensuring that initial asbestos inspections, re-inspections every three years, and semi-annual surveillance activities are conducted properly by qualified personnel. • Including results of the inspection in the management plan. The plan must identify all asbestos-containing building materials found in schools and recommend actions for dealing with asbestos hazards. • Preparing a management plan (for schools built after October 12, 1988) for submission to the appropriate state Agency prior to the school being used as a school building. The management plan should be maintained and updated with records of response actions, periodic surveillance of asbestos containing materials (ACM) and all re-inspections.
What Does the LEA Designated Person Do? • Making sure that custodial and maintenance workers receive required safety training and information about the location of asbestos-containing materials in their school. Warning labels must be posted in all routine maintenance areas, such as boiler rooms, where asbestos-containing building materials are found. • Ensuring that response actions specified in the management plan are carried out according to the plan’s timetables. The regulations require that all LEAs were to begin to carry out their management plans no later than July 9, 1989. • Seeing that all asbestos records required by the regulations are accurately maintained. • Informing all teacher, parent and employee organizations at least once a year about the asbestos activities in each school and about the availability of the management plan for their review.
Who Is Responsible for Making AHERA Work? EPA conducts compliance inspections of a sample of schools each year to make sure they are obeying the law. The Agency is responsible for insuring that schools comply with AHERA and it will investigate reported violations. EPA Region 9 75 Hawthorne StreetSan Francisco, CA 94105Phone: (415) 947-8000(Arizona, California, Hawaii,Nevada, American Samoa,and Guam)