Maryland schools face increased asbestos actions

MARYLAND - The Environmental Protection Agency filed 16 actions involving asbestos related violations against Maryland schools between September 2006 and September 2007. Experts consider this an “explosion” when compared to the average of less than one enforcement action per year between 2001 and 2006. The actions filed in the 2006/2007 year were filed against multiple schools and school systems, including small private schools and some of the largest school systems in Maryland. Both school and environmental officials were quick to point out that most of the violations involved paperwork regarding asbestos, which school are required to track in their environmental management plans. None of the violations were related to exposure to asbestos, which is known to cause mesothelioma, a rare cancer of the lining of the chest wall, as well as lung cancer, fibrosis and asbestosis. They attribute the increase in actions to stricter enforcement on the part of the EPA. The management plans and paperwork are meant to reduce the chances of a dangerous asbestos exposure. Among other things, school departments are required to track and note any product used in any school building that may contain asbestos. Since asbestos is considered safe unless the fibers become airborne, EPA officials expect schools to maintain accurate records of asbestos containing materials so that proper precautions can be taken when repairs or replacement are needed. A failure to do so could expose students and staff to unsafe levels of airborne asbestos. Unfortunately, record keeping for asbestos purposes is often not a top priority for busy educators. The asbestos management plan is one of the top reasons for violations. Because of the prevention aspect of the paperwork, the EPA doesn’t take violations lightly. Penalties for shoddy paperwork can run as high as $6,500 a day, though school systems can avoid paying the fine by spending the same amount to bring their schools and records up to code. Among the biggest violators are Baltimore City and county school systems. In 2006, the EPA reported that the city spent over $300,000 to bring schools up to code and the county spent nearly $250,000, all because of record keeping violations. Mardel Knight, head of the asbestos inspection unit for the Maryland EPA says that sometimes the plan just “gets thrown out or locked up in a drawer.” She added that inspectors often find plans missing or not updated with recent inspections or changes to the physical plant. Very few schools or school systems are in compliance, Knight said. She estimates that 90 percent of the schools in Maryland are not in compliance with regulations. Under Knight, school inspections have increased from 25 to about 60 each year. The EPA is also changing the way that they deal with enforcement. In the past, schools were often given a chance to address problems before the inspections were sent on to the federal level for enforcement. If the schools pulled into compliance, there was often no penalty. As of 2007, though, the EPA requires that all states send inspections directly for enforcement. Knight says that many educators consider the plan to be a formality, but notes that failure to have an accurate plan could expose students and staff to asbestos at unsafe levels. “Bottom line, it’s a carcinogen and none of it is a safe level of exposure,” she said. All schools containing asbestos are required to have asbestos management plans that detail where material containing asbestos is located in the school and what steps are being taken to contain it. The 1986 Asbestos Hazard Emergency Response Act requires schools to “manage in place” rather than remove asbestos. While managing in place is less costly than removal, it is also likely to be considerably safer, since removal of asbestos is likely to release asbestos fibers into the air. Ray Prokop, the facilities director for the Carroll County Public Schools stated “There is asbestos in the schools. We all have that, every school system out there has that.” Nor are all newer schools exempt. While most people believe that products containing asbestos were banned in the 1980s, the truth is that only those products that contained friable asbestos - asbestos that could easily become airborne - are banned. Products containing asbestos are still sold and used in construction. School management plans must list any asbestos containing materials in their plans. If they are uncertain whether a product contains asbestos, says the EPA, it must be listed as an asbestos containing material under the principal of better safe than sorry. In addition, schools must notify all parents and staff annually of the plans, and train all maintenance staff for asbestos safety. All areas that contain asbestos must be regularly inspected. David Lever, director of Maryland’s public school construction program, attributes the state’s safety record regarding asbestos to those regulations. Since they took effect, he says, there has not been “one single record of a building occupant coming to harm from release of asbestos. (Source: Asbestos and Mesothelioma News)