Document M4aoGrdOVjpZJeaVBkrBkEdyV

Court Refects OSHA (Standard EPA Fines N.H. Schools For Asbestos Violation By Cm Peterson Tlit Environmental Protection Agency, in a strategic show of fore* agihst the nation's ichool systems, hat (bad a New Hampshire echool dktriet $24,000 for aDendly faiKng to report asbestos in ita buildings. The EPA, cmntiafiy conceding that Ha two-year experiment in vol untary cleanups hat failed, accused the Gofbtown, N.H., district of false ly certifying last June that ita 10 buQdinp ware free of friable, or flaktog. asbestos. According to EPA officials in Bos ton, a subsequent inspection found flaking asbeetoa Insulation around pipes in high ichool end two eieaentary schools. Meanwhile, the government lost ground an another front in the battle against ths fibrous mineral, which has been firmly linked to lung cancer and other aibnanta in humane. A federal district court in New Orleans hit weak threw out in Occupational 8afity and Health Administration emergency atandard that was intend ed to reduce worker exposure to asbastes immediately. The ruling ia likely to force addi tional delays in OSHA's effort to coma up with a tougher permanent atandard. Tha New Hampshire penalty marks tha first time tha EPA hu used its enforcement powers under a 1982 rule that required school dis tricts to inspect their buildings and report any asbeetoa to parents and school employee. The EPA didn't make removal of the aibeetoa men dstory, assuming that pressure (ran teachers and parants would be suf ficient to force action. To tha EPA*s chagrin, tha volun tary approach has proved to be a dud. Secant agency surveys have found that two-thirdi of tiia school districts either did not conduct in spections or did not report or keep records on tha asbestos they found. As a reautt, EPA Administrator William D. Ruckebhaua ia consid ering tougher, mandatory rules to control asbestos in schools and other" public buildings. The target of tha ageocyb first penalty, meanwhile, indignantly eontended yesterday that it waa unfairly singled out for punishment Thie matter could have bean taken cere of by a phone call,* said Goffetown Superintendent Antonio Paradis, who noted that tha district already had spent $84,000 to remove asbeetoa insulation from a ctaaaiooa tailing. *Wo understand they juit intended to make an example of us.* Regional EPA administrator Mi chael Deland acknowledged that the intent waa "to . put all other echool systems in New England on notice.* `We've issued numerous notion of noncompliance. Now wa'ra looking at thou ichool districts to see which have not taken steps to comply,* he said. *We would hope that tha action at Gofbtown would spaed up com pliance by tha others.* Paradis, who said tha district would appeal, insisted that offidab were not required to tall parents about asbeetoa to the Gofbtown schools because the substance is "in tact* and therefore not dangerous. He said, "We have conflicting in formation u to what is friable, what to not friable, what is dangerous and what is not" Deland uid tha district's interpre tation of tha rules *b incorrect" But ha acknowledged that tha EPA hu no power to fores Gofbtown to re move or teal Its asbestos, even if tin fins sticks. "We would hope that teaponaibla parents and educators would recog nize that this is a health hazard end would take steps,* ha said. A slightly disgruntled Paradis laid yesterday,"! would think that a local: agency and a federal one could settle this face to face. New wa have all these parents calling." .JMKrtV THE WASmWCTOW POST Oou 06368