Date: 1988-06-27
Speaker: THOMAS A. LUKEN (democrat)
Chamber: H

Mr. Speaker. I yield myself such time as I may consume. Mr. Speaker. I am pleased today to bring before the House legislation to provide additional time to the Nations schools for the important task of removing asbestos materials from school buildings under the process established by the Asbestos Hazard Emergency Response Act. or AHERA. The health threats from exposure to asbestos. which can cause asbestosis and lung cancer. are clear. as are the enormous dimensions of the problem for the Nations schools. EPA estimates that some 31.000 school buildings contain some form of asbestos material and that as many as 15 million schoolchildrenalmost onethird of the Nations school populationand as many as 1.4 million school employees attend schools and work in buildings that contain asbestos materials. In the subcommittee hearing on this legislation. we heard from officials from several States who run schools and actually have to undertake the inspections. develop the management plans and perform the proper abatement actions to remove asbestos hazards. They told us that a large number of schools across the country will not be able to perform these tasks adequately within the AHERAimposed deadlines. We learned that the infrastructure for carrying out the AHERA programthe accredited inspectors. management planners. and abatement contractors necessary for performing AHERA. functionsis not in. place. Because of this. the rush to meet the October 1988 and July 1989 AHERA deadlines may actually Increase the risks from asbestos exposure to the Nations school population. We also heard from the U.S. Environmental Protection Agency which has the responsibility to see that the comprehensive AHERA program is properly carried out by promulgating regulations spelling out school obligations under the law and building the infrastructure of accredited asbestos personnel to assist schools in meeting their obligations. Unfortunately. we found out that EPA has not done all that it should to see that AHERAs goals are met. The House has before it today H.R. 3893. legislation Introduced by my colleagues Mr. OXLEY. Mr. LENT. Mr. WHITTAKER. and Mr. FIELDS to address the AHERA deadline problem. The subcommittee worked with all the parties interested in this legislationrepresentatives of school boards. administrators. unions. teacher. and education organizationsto arrive at an agreement with respect to the AHERA deadlines acceptable to all parties. The agreement had to provide relief to schools unable to meet the AHERA deadlines and to guarantee diligence in complying with AHERA and protecting students. teachers. and school workers from unnecessary exposure to asbestos. I am pleased that such an agreement has been worked out. as represented in the bill reported by tile Committee on Energy and Commerce. The bill allows an additional 7 months from October 1988 for schools to perform the inspections and prepare management plans for submission to the Governor. This should provide ample time for schools to obtain accredited personnel or train their own employees to perform these functions. The bill also guarantees that all management plans. whether submitted by October 1988 or under deferral by May 1989. will be ready for implementation by the July 1989 deadline under existing law. Although an LEA management plan may still be in the process of being reviewed by the Governor on July 9. 1989. H.R. 3893 does not in any way extend the July 9.1989 AHERA implementation deadline. Rather. those schools whose plane are still in the review process on that date are required both to follow the schedule contained in the management plan as submitted. and to comply with all EPA regulatory provisions governing schools which have had a final management plan approved. Those EPA regulatory provisions include: Implementation of the operations and maintenance program included In the management plan. completion of training for all custodial and maintenance workers employed by the LEA: the attachment of warning labels adjacent to any friable asbestos In routine maintenance areas. LEA selection of a designated person to ensure that a variety of activities are carried out in accordance with the rule. public availability of the management plan at the LEA administrative office and in the individual school to which the management plan attaches. compliance with all recordkecping requirements: the use of accredited personnel to both design and conduct response actions. and commencement of periodic surveillance no later than 6 months. and reinspections no later than 3 years. from July 9. 1989. unless the management plan schedule provides that these activities shall be performed sooner. In addition. any measures needed to protect human health and the environment. as set forth in section 763.90 of title XL of the Code of Federal Regulations. must be inltiated. In sum. the bill provides some necessary flexibility to the AHERA plan submission process without altering the schedule for implementation of plans next year. - The bill also includes provisions to protect workers from exposure to asbestos during tie deferral period in which schools are performing inspections and preparing plans. These provisions guarantee that the deferral period will not allow needless exposure of school employees to asbestos containing material. We remain committed to seeing that the asbestos in schools program under AHERA is implemented fully and properly. reducing once and for all the risks from exposure to. asbestos in our Nations schools. Mr. Speaker. I reserve thebalance of my time.