Document LJVmrgjRnoE3YgBkZ586ymNZ3

GUEST SENATOREDITORIAL STAFFORD ON BILL S.981 . PLAINTIFF'S EXHIBIT DOW-1846 ST0055666 The circumstances justifying AHERA pertain to non school buildings as well. By U.S. Senator Robert T. Stafford n nearly two decades as a member Iof the Senate Committee on En asbestos. Nor are we likely ever to vironment and Public Works, l learn precisely what that toll will be. have participated in many efforts toBut we do know that the death toll provide a federal response to the will be in the thousands at a dangers posed by a wide variety of minimum. Some si>ccialisi.s tell us the toxic or hazardous substances. But death toll will he in the hundreds of rarely have 1 dealt with a substance thousands. that has demonstrated its danger to We will never know the exact humans as clearly and unequivocally number because, like so many toxic as ashest ns. substances, asbestos is a silent killer. Asbestos is another one of those It strikes down not only the women substances we have encountered and men who worked with it. but also whose dangerous character was not the children whose only exposure apparent for some time after we came from hugging their parents began to use it. We do not know ex when they came home from work. actly how many children, women and Thankfully, most workplace ex- men will die from exposure lo pusurcs have been brought under some semblance of control, although we always must be on guard against accepting appearances over reality. In addition, the workplace is only one of the settings in which asbestos is en countered. And, virtually every en counter can be dangerous because there is no known threshold below which safety is assured. And, of course, there is no longer any serious scientific debate over the hazards of exposure to asbestos. For that reason, in the 99th Con gress I introduced two bills designed lo respond lo the hazards of exposure to asbestos fibers in buildings. One of the bills, the Asbestos Hazards Emergency Rcspoase Act (AHERA), which addressed asbestos in schools, was signed into law on Oc tober 22. 1980. Action on the second bill, which covered asbestos in federal and other nonschool buildings open to the pub lic, was not completed Indore adjourn ment. I have, however, introduced that bill in the KXJth Congress and I an ticipate action on the legislation by the Senate early this year. (Editor's note-- as ofpress time in mid-January, Con gress had wo/ rerttnvnutd.) The circumstances justifying enact ment of AHERA jx'nain to nnnschonl buildings as well. Tin- deadly effects 310-1 ASBESTOS ISSUES *88--MARCH of asbestos filters are well known. The fibers, when inhaled, penetrate deep into (he lung and ran cause cancer, mesothelioma and other serious lung diseases 20 to 40 years after exposure. In the i>ast, the absence of standards and guidelines prescribing acceptable means to identify and protect against exjKtsurc to hazardous asbestos--that is, the kind that is easily crumbled, thus releasing fibers--has meant that hazardous conditions in too many cases have either lieen left unaddressed or dealt with in an irresponsible fashion. Trained contractors who know how to carry out ins|iections and to design anti implement appropriate corrective action programs-have been in short supply. Unscrupulous ojicrators have, in some cases, persuaded school authorities and building owners to undertake costly anti unnecessary removal programs that ex|Kised work ers and others to the deadly filters. In other cases, with the best of inten tions, work has been poorly done because trained personnel were not available. AIIEUA addresses these problems in school buildings by requiring (be Environmental Protection Agency (El'A) to publish regulations prescrib ing procedures for inspecting and identifying hazardous asbestos and, once found, requiring actions to elimi nate the hazards. The new law also directs the EPA to set up a model accreditation program for those undertaking inspections or res|toase programs; requires the states to adopt accredited programs, and prohibits anyone from doing response actions in schools unless they have l>een trained and accredited. My new bill. S.981. dealing with nonschool buildings, seeks to build on those requirements started in AIIEUA. S.9S1 requires the EPA to develop regulations applicable to nonschool buildings that cover the* same activities covered by AIIEUA. EPA is also required to establish a model contractor accreditation pro gram for nonschool buildings. All federally owned buildings must be inspected, and response* actions that comply with the regulations must be carried out wherever hazard ous asbestos is found. EPA is also directed to identify classes and categories of nonfedcral buildings that will be put on a schedule to com ply with the regulations, lh-eatise the federal go\ eminent is so often a major otlender m tin- field of ihe `Unscrupulous operators have, in some cases, persuaded school authorities and building owners to undertake costly, dangerous and unnecessary removal programs. " environment, it is my hope that the federal government will act as a pace setter in this new effort. So that there is no doubt about the potential for exposure to asbestos in nonschool buildings, let me observe that a 1984 EPA survey estimated that 20 percent of all commercial and public buildings--about 73.1.000 of them--contain easily crumbled as bestos. About one quarter of these, or 192,000 buildings, had sprayed or trowled asbestos, which is generally considered the most dangerous form. A new EPA report--mandated by AHERA--should provide more information. The National Academy of Sciences has told us that `much of the more than 30 million metric tons of aslwstos used in the United States since 1900 is still present in its original application and provides a potential for exposure." Of course, not all asbestos in buildings constitutes an imminent hazard. Asbestos that is intact can lie safely left in place so long as a pro gram exists to keep it from becoming damaged or assures appropriate response actions once it is damaged. The purpose of 8.981 is to provide the users of federal buildings (and, over time, other buildings used by the public) with the same protection from exposure to asbestos that the nation has judged wise to provide to school children and school workers. It is my hope that the federal government will take the lead in this effort, but also that private owners of buildings used by the public will cooperate in this ef fort to protect all Americans from the deadly hazards of.asbestos fibers. Cooperation and voluntary action will save not only lives, hut also time, money and energy. Americans have made it dear that they want the hazards of asliestos removed from their environment. In this rapidly developing new sense of urgency, this nation's legislative and judicial systems are bound to res|M>nd to the public demand wherever voluntary cooperation fails to meet that responsibility. ST0055667 310-2 ASBESTOS ISSUES 86--MARCH