TSCA Titles II, III, and IV-Asbestos, Radon, Lead, Schools, and Formaldehyde

• Author: Carolyne R. Hathaway/William K. Rawson/Ann Claassen/Julia A. Hatcher
• Pages: 161-168

Page 161

Chapter XVIII:

TSCA Titles II, III, IV, V and VI—Asbestos,

Radon, Lead, Schools, and Formaldehyde

Congress has amended TSCA by adding ve

titles (cod ied as subchapters) to address

potential health risks from exposures to

asbestos, radon, lead, and formaldehyde in certain

contexts, and to address environmental health a nd

energy eciency at schools. An overview of each

title is provided below. Additional information

about these topics and EPA programs designed to

prevent exposures and minimize potential hea lth

risks is available on EPA’s website.1

A. Asbestos Hazards in Schools and

Public Buildings

e Asbestos Ha zard Emergency Response Act

(Asbestos Act) was added as Title II of TSCA in

1986.2 e purpose of t his title was to ma ndate

the inspection of asbestos-containing materials in

schools nationwide and, where necessary, imple-

ment appropriate response actions and conduct

re-inspections.3 Congress also wished EPA to study

the extent of danger to huma n health posed by

asbestos in other public and commercial buildings

and means to address such da nger.4

1. Asbestos, http://www.epa.gov/oppt/asbestos/ (last visited May

23, 2011); Radon (Rn), http://www.epa.gov/radon/index.html

(last visited May 23, 2011); Lead in Paint, Dust, and Soil, http://

www.epa.gov/lead/index.html (last visi ted May 23, 2011);

Healthy School Environments, http://www.epa.gov/schools/ (last

visited May 23, 2011); Formaldehyde Emissions from Pressed Wood

Products, http://www.epa.gov/opptintr/chemtest/formaldehyde/

index.html (last visited May 23, 2011).

2. Asbestos Hazard Emergency Response Act of 1986, Pub. L. No.

99-519, 100 Stat. 2970 (codied at 15 U.S.C. §§2641-2656,

ELR S. TSCA §§201-216).

3. 15 U.S.C. §2641, ELR S. TSCA §.

4. Id.

1. Statutory Provisions

e Asbestos Act directed EPA to e stablish a

regulatory regime under which friable asbestos-

containing materia ls in school buildings would be

inspected and, where necessa ry, potential exposure

to such materials eliminated.5 e Asbestos Act

contains enforcement provisions, as well as ancil-

lary provisions requiring additional studies regard-

ing asbestos exposures and programs related to the

training and accreditation of asbestos-removal pro-

fessionals, including worker protection standards.6

e purpose of these provisions is to ensure that

any friable a sbestos-containing materials in school

buildings are either removed or conrmed to be in

safe condition.7

e Asbestos Act directed EPA to adopt regula-

tions requiring the inspection of school buildings

for the presence and exposure-potential of fri-

able asbestos-containing materials found in those

buildings.8 Such inspections must be conducted

5. 15 U.S.C. §§2641-2656, ELR S. TSCA §§-. e

focus of the Asbestos Act is on potential exposures to friable

asbestos-containin g materials. Id. §2641(a)(1), ELR S.

TSCA §. Asbestos is a naturally occurring mineral ber

that for many years was widely used in building materials as a

thermal and acoustic insulator for re-proong. Undisturbed

asbestos-containing materials usually do not pose a health risk,

but when these materials are damaged, disturbed, or deteriorate,

asbestos bers can become airborne and pose signicant health

risks if respirable-size particles are inhaled. For these reasons,

EPA generally advises that asbestos-containing material in good

condition be left undisturbed, but damaged or deteriorated

asbestos-containing materials be contained or removed by quali-

ed professionals. See U.S. EPA, Asbestos—Basic Information,

http://www.epa.gov/asbestos/pubs/help.html (last visited Sept.

24, 2010); U.S. EPA, Asbestos in Schools, http://www.epa.gov/

asbestos/pubs/asbestos_in_schools.html (last visited Sept. 24,

2010).

6. 15 U.S.C. §§2641-2656, ELR S. TSCA §§-.

7. U.S. EPA, Region 2—e Asbestos Hazard Emergency Response

Act, http://www.epa.gov/region02/ahera/ahera.htm (last visited

Sept. 24, 2010).

8. 15 U.S.C. §2643(a), ELR S. TSCA §(a).