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School in Vermont and N.H. Company Agree to EPA Fine for Asbestos Violations

Release Date: 03/27/2001
Contact Information: Mark Merchant, EPA Press Office (617-918-1013)

BOSTON – The U.S. Environmental Protection Agency today announced the conclusion of a case against the Vermont Center for the Deaf and Hard of Hearing of Brattleboro, Vt. and Tri-State Acoustical, Inc. of Keene, N.H. for violating asbestos regulations under the federal Clean Air Act and Asbestos Hazard Emergency Response Act (AHERA).

The Vermont Center is a non-profit entity providing educational services to deaf and hard of hearing children. Tri-State is a family-owned business specializing in acoustical tile work. To resolve the complaint, they agreed to a joint $20,000 penalty, but admitted no liability in this administrative case.

Asbestos is a common building material and has been used in insulation for hot water pipes and boilers and in the manufacture of siding, flooring, roofing materials, ceiling tiles, and many other products. However, asbestos fibers may become airborne when such products are dry and crumbled. Inhalation of asbestos fibers has been linked to cancer and other serious respiratory ailments. EPA-approved asbestos removal certification training is now required in virtually all states.

In this case, EPA found that violations occurred at the Vermont Center in August 1998 when almost 1,900 square feet of asbestos-containing ceiling tile was removed by Tri-State without proper precautions, such as wetting the asbestos and using trained personnel to do the work. The violations were discovered in October 1998 when the Vermont Center hired a contractor to inspect asbestos-containing materials at the school.

The inspection is required under AHERA which, among other things, says schools develop management plans detailing the location and condition of all asbestos-containing materials within school buildings. AHERA management plans are designed to help minimize releases of asbestos fibers in schools.

At the time of the violations, the Vermont Center had an asbestos management plan in place which indicated that the ceiling tile contained asbestos, but that information was not considered before the 1998 removal. When it discovered the problem, the Vermont Center moved quickly to correct the it. Unfortunately, by that time, the ceiling tiles that had been removed could not be recovered for disposal in an approved asbestos landfill.

Today's settlement resolves violations alleged by the government which include failing to: inspect for asbestos before renovations; notify EPA or the State of Vermont before removing the ceiling tiles; wet ceiling tile before and during removal; use trained abatement personnel; properly dispose of asbestos waste; and maintain required disposal records.

EPA Acting Regional Administrator Ira Leighton said many people appear to be misinformed about the fact that ceiling tiles sometimes contain asbestos and may be a regulated, asbestos-containing material. This case, he said, highlights the need for more training and outreach about building products, such as ceiling tiles, which may contain asbestos.

"Given the dangers to health and the environment posed by asbestos-containing materials, this is something EPA cannot overlook or take lightly. The federal asbestos regulations at the heart of this action are designed to ensure that materials which contain asbestos are handled properly and do not become a threat to people in places where they live and work," Leighton said.

He did note that, to date, no specific human health or environmental harm has been attributed directly to these violations.

For more information about asbestos and EPA regulations governing it, you can visit these EPA Websites: https://www.epa.gov/region01/compliance/enfasbestos.html
https://www.epa.gov/unix0008/toxics_poisons/asbestos/asbeslink.html