Asbestos Hazard Emergency Response Act

Asbestos Hazard Emergency Response Act (AHERA) is a United States federal law enacted in 1986 to address the presence of asbestos in schools. The act requires public and non-profit private schools to inspect their buildings for asbestos-containing materials, develop a plan to manage any asbestos found, and take action to reduce or eliminate asbestos hazards. AHERA is part of the Toxic Substances Control Act (TSCA) and is administered by the United States Environmental Protection Agency (EPA).

Background

Asbestos is a group of naturally occurring fibrous minerals that were widely used in building materials and products for their strength, insulation properties, and resistance to fire. However, asbestos fibers can cause serious health problems, including asbestosis, lung cancer, and mesothelioma, when inhaled. The recognition of these health hazards led to increased regulation of asbestos in the United States.

Provisions of AHERA

AHERA sets forth several key requirements for schools:

• Inspection: Schools must inspect their facilities for the presence of asbestos-containing materials.
• Management Plan: Schools must develop, maintain, and update an asbestos management plan, which is to be kept on site and available for public inspection.
• Response Actions: Depending on the condition of the asbestos, schools may need to take various response actions ranging from maintenance and periodic surveillance to removal of asbestos-containing materials.
• Training and Accreditation: The act also requires that individuals performing asbestos inspection, management planning, and response actions in schools be properly trained and accredited.

Implementation and Enforcement

The EPA is responsible for enforcing AHERA's requirements. The agency provides guidance, technical assistance, and grants to states to support compliance efforts. States may have their own regulations regarding asbestos in schools, which can be more stringent than federal requirements.

Impact

Since its enactment, AHERA has led to the identification and safe management or removal of asbestos in numerous schools across the United States, significantly reducing the risk of asbestos exposure to students, teachers, and other school staff.

Criticism and Challenges

While AHERA has been effective in addressing asbestos hazards in schools, it has also faced criticism and challenges. These include the high costs associated with asbestos abatement, the complexity of compliance for school districts, and concerns about the adequacy of enforcement and oversight.

See Also

• Environmental law
• Occupational safety and health
• Public health