Waiver and Delegation to States

The governor of any state can request a waiver from the federal asbestos program if the state is implementing a program that is more stringent. At this time 11 states have received waivers for their programs. The waiver request must include  

The rule sets out an Asbestos Model Accreditation Plan for the states at Part 763, Subpart E. Appendix C. 

The states operating their own programs under the waiver provisions of AHERA are Connecticut. Colorado. Louisiana, Massachusetts. Maine, Oklahoma, Rhode Island, Texas, Utah, Illinois, and Kentucky. E-mail from Tom Simons, Fibers and Organics Branch, National Program Chemicals Division, Office of Pollution Prevention and Toxics to Miriam V. Gold (Feb. 20, 2009, 11 12 am EST) (on file with author). 

EPA has substantial oversight over state programs, including the abiHty to make unannounced visits to LEAs and to require conferences when it feels a state program is deficient. If a state does not correct deficiencies, EPA can rescind the waiver.  

EPA was required to conduct a study of the availability of liability insurance prior to October 1, 1990 and to conduct a study of ACM in public buildings and commercial buildings prior to October 22, 1987 The Act created whistleblower protections for people who provide information relating to a potential violation of its provisions and delegated responsibility for conducting reviews of any such allegations to the Secretary of Labor. An asbestos ombudsman position was created to deal with complaints and grievances submitted by anyone with respect to the provisions of the Act.  

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