Published: December 19, 2007 08:36 am         

Asbestos testing in local schools would be a costly measure

CUMBERLAND - If a new interpretation of the U.S. Environmental Protection Agency's asbestos regulations stands, school systems in Maryland and neighboring states could be faced with major expenses.

Maryland schools were notified in 2006 that manufacturers' sheets could not be used to determine whether products contain asbestos, according to EPA spokeswoman Donna Heron.

The Asbestos Hazard Emergency Response Act (AHERA), which was established in 1986 and clarified in 1999, allows schools to use those data safety sheets to determine whether products contain asbestos, according to Vince Montana, director of facilities for the Allegany County Board of Education.

"It was a part of the law," said Montana.

Having to presume all building materials contain asbestos, or testing all materials when the manufacturers have already specified that they do not contain asbestos, is unnecessary and costly, according to Montana.

"I've been to several meetings on this topic, and my counterparts across the state share my opinion on this," he said.

The EPA said it never accepted the data sheets under asbestos regulation; schools were notified that the sheets could not be used in September of 2006 after the Maryland Department of the Environment asked the EPA a "clarifying question," according to Heron.

"The practical reality of this is that if they assume that it contains asbestos, all they are really required to do is note that in their management plan," said Heron.

Data sheets come with building products or can be requested from the manufacturer.

"We document every piece of material in every building," Montana said.

"If we have to test everything, we'd get into all types of procedures," said Montana. "You're looking at drywall, joint compound, ceiling tiles, floor tiles, doors ..."

Not only would new construction or renovation projects be affected, but also simple maintenance tasks would turn into complicated procedures, according to Montana.

"Something as simple as replacing ceiling tiles could turn into a huge expense," he said.

David Lever, executive director of the state public school construction program, has written a letter requesting some clarification on the issue, said Montana.

"If you assume there is asbestos, the smallest repair you make you either have to abate asbestos, which might not be there, or you might have to set up very involved protection," said Lever. "The new structure, which does not allow for MSDS (manufacturers' data) sheets, has huge consequences on school systems and buildings."

The interpretation applies only to EPA region 3, which includes Maryland, Delaware, Virginia, Pennsylvania, West Virginia and Washington, according to Montana.

The Capital News Service contributed to this story.

Contact Jennifer Raley at jraley@times-news.com.