The Environmental Protection Agency announced May 6 it had reached a settlement with Scranton, Pa. schools regarding alleged asbestos violations. The EPA alleged the school district had failed “to include all required elements in the asbestos management plans for 15 schools,” and that it failed, “to maintain complete, updated copies of the asbestos management plans for 19 schools in its administrative office and in the administrative offices of those schools.”
The Asbestos Hazard Emergency Response Act (AHERA) is the section of the Toxic Substances Control Act that governs the management of asbestos in school buildings. This law applies to both public and non-profit schools such as charter schools or those affiliated with religious institutions. This section of the Toxic Substances Control Act requires schools to inspect buildings for asbestos and have management plans in place to address and prevent asbestos hazards.
According to the EPA’s summary of AHERA regulations, typically, under this section, schools are not required to remove asbestos containing materials unless the material is “severely damaged or will be disturbed by a building demolition or renovation project.” Furthermore, anyone who works on any asbestos projects must be “trained and accredited in accordance with The Asbestos Model Accreditation Plan.” If asbestos materials are removed or demolition of the building is necessary, then the work must be conducted in accordance with the Asbestos National Emissions Standards for Hazardous Air Pollutants (NESHAP).
Schools under AHEA also must perform continued inspections of these materials every three years. In addition to the previously mentioned asbestos management plan, a copy of which must be maintained at the school, AHERA requires schools to send out a communication every year to notify parents, teachers and any employee organizations regarding the asbestos management plan and any asbestos-related work or actions that are planned in the school. There also must be a designated contact person that ensures AHERA responsibilities are being properly followed and any custodial or janitorial personnel must have asbestos awareness training.
In addition to the AHERA requirements, Pennsylvania Gov. Josh Shapiro previously announced in 2024 that 109 Pennsylvania school districts, career and technical education centers (CTCs), and charter schools would receive grants of up to $7.9 million as part of the Environmental Repairs Grant program established in 2023. These grants were allocated to provide additional funds for schools to upgrade safety improvements, in part to address possible asbestos issues.
For further reading, please see the EPA’s summary of Asbestos in Schools which can be found here.