Uploaded March 2017 | Updated September 2026, 10 hours ago
Congressional action concerning asbestos in schools began with the Asbestos School Detections and Control Act of 1980. The purpose of this law was to offer technical assistance to schools concerned about the potential health effects of friable asbestos. The program was administered by the U.S. Education Department, but was ineffective due to lack of sufficient funding. In 1982, the EPA expanded the technical assistance program and issued inspection regulations under the Asbestos-In-Schools Rule. The rule required all public and private schools to inspect their buildings for friable asbestos materials. Schools were required to complete their inspections by June 28, 1983. The rule also required schools to take samples and have them analyzed for asbestos, maintain records, and notify employees and parents of any identified asbestos. Actual abatement was not required by the rule. EPA's revised policies were criticized as being inconsistent and halfhearted. No one has pressed the EPA on asbestos harder than the Service Employees International Union (SEIU), which represented custodians and other types of building-service personnel. In 1983, the union filed suit against the EPA in an attempt to force the agency to establish minimum regulations on how to remove asbestos properly. SEIU also has twice petitioned the EPA to extend its asbestos rules to commercial and public buildings. The first petition, in 1983, resulted in the EPA's issuing rules to protect certain state and local government employees involved in asbestos abatement, though other requested rules were denied. The second request, in 1988, was also denied, and the union subsequently filed suit in an attempt to force the EPA to act.
The service employees union was not the only organization that expressed dissatisfaction with the EPA's handling of asbestos. By 1985, Congress determined the need for new statutory authority to force schools to abate asbestos hazards. On October 22, 1986, after must pushing by SEIU and other unions and groups, President Reagan signed into law (as Title II of the Toxic Substance Control Act) the Asbestos Hazard Emergency Response Act (AHERA, Asbestos Containing Materials in School, 40 CFR Part 763, Subpart E). AHERA was more inclusive than the Asbestos-In-School Rule. The law directed EPA to publish regulations for addressing asbestos in public and private schools, grades K-12. The proposed rules were promulgated in the Federal Register on April 30, 1987. The Final rules were issued on October 30, 1987. The original Model Accreditation Plan (MAP), developed by the EPA pursuant to a provision of the Asbestos Hazard Emergency Response Act (Section 206 of TSCA), required accreditation for all persons who inspect school buildings for the presence of asbestos, develop school asbestos management plans, or design/conduct response actions with respect to friable asbestos in schools. After consulting with affected organizations, as required by AHERA, the EPA issued the current MAP which specifies minimum training requirements for those required to obtain accreditation to conduct asbestos related work in schools, including Inspectors, Management Planners, Project Designers, Contractor/Supervisors and Workers. In November of 1990, the MAP was amended by the Asbestos School Hazard Abatement Reauthorization Act (ASHARA). The basic intent of ASHARA is to extend many of the AHERA requirements to public and commercial buildings. In addition, ASHARA mandates that the MAP be revised to provide for the extension of accreditation requirements to include certain persons performing asbestos-related work in public and commercial buildings (Federal Register, March 29, 1991). An extension to the effective date for the ASHARA Training Amendments was announced in the Federal Register on January 16, 1992. On May 13, 1992, a Federal Register notice announced EPA’s consideration of potential additions and changes to the current MAP. The EPA has most recently made additional changes to the MAP as necessary to implement ASHARA in 1994. These are related to additional practical (hands-on) training requirements for asbestos handlers, supervisors, designers and project monitors.
Congressional action concerning asbestos in schools began with the Asbestos School Detections and Control Act of 1980. The purpose of this law was to offer technical assistance to schools concerned about the potential health effects of friable asbestos. The program was administered by the U.S. Education Department, but was ineffective due to lack of sufficient funding. In 1982, the EPA expanded the technical assistance program and issued inspection regulations under the Asbestos-In-Schools Rule. The rule required all public and private schools to inspect their buildings for friable asbestos materials. Schools were required to complete their inspections by June 28, 1983. The rule also required schools to take samples and have them analyzed for asbestos, maintain records, and notify employees and parents of any identified asbestos. Actual abatement was not required by the rule. EPA's revised policies were criticized as being inconsistent and halfhearted. No one has pressed the EPA on asbestos harder than the Service Employees International Union (SEIU), which represented custodians and other types of building-service personnel. In 1983, the union filed suit against the EPA in an attempt to force the agency to establish minimum regulations on how to remove asbestos properly. SEIU also has twice petitioned the EPA to extend its asbestos rules to commercial and public buildings. The first petition, in 1983, resulted in the EPA's issuing rules to protect certain state and local government employees involved in asbestos abatement, though other requested rules were denied. The second request, in 1988, was also denied, and the union subsequently filed suit in an attempt to force the EPA to act.
The service employees union was not the only organization that expressed dissatisfaction with the EPA's handling of asbestos. By 1985, Congress determined the need for new statutory authority to force schools to abate asbestos hazards. On October 22, 1986, after must pushing by SEIU and other unions and groups, President Reagan signed into law (as Title II of the Toxic Substance Control Act) the Asbestos Hazard Emergency Response Act (AHERA, Asbestos Containing Materials in School, 40 CFR Part 763, Subpart E). AHERA was more inclusive than the Asbestos-In-School Rule. The law directed EPA to publish regulations for addressing asbestos in public and private schools, grades K-12. The proposed rules were promulgated in the Federal Register on April 30, 1987. The Final rules were issued on October 30, 1987. The original Model Accreditation Plan (MAP), developed by the EPA pursuant to a provision of the Asbestos Hazard Emergency Response Act (Section 206 of TSCA), required accreditation for all persons who inspect school buildings for the presence of asbestos, develop school asbestos management plans, or design/conduct response actions with respect to friable asbestos in schools. After consulting with affected organizations, as required by AHERA, the EPA issued the current MAP which specifies minimum training requirements for those required to obtain accreditation to conduct asbestos related work in schools, including Inspectors, Management Planners, Project Designers, Contractor/Supervisors and Workers. In November of 1990, the MAP was amended by the Asbestos School Hazard Abatement Reauthorization Act (ASHARA). The basic intent of ASHARA is to extend many of the AHERA requirements to public and commercial buildings. In addition, ASHARA mandates that the MAP be revised to provide for the extension of accreditation requirements to include certain persons performing asbestos-related work in public and commercial buildings (Federal Register, March 29, 1991). An extension to the effective date for the ASHARA Training Amendments was announced in the Federal Register on January 16, 1992. On May 13, 1992, a Federal Register notice announced EPA’s consideration of potential additions and changes to the current MAP. The EPA has most recently made additional changes to the MAP as necessary to implement ASHARA in 1994. These are related to additional practical (hands-on) training requirements for asbestos handlers, supervisors, designers and project monitors.
