EPA Announces Order Requiring Accel Charter Schools Network to Inspect and Abate Asbestos and Lead Paint at Three Schools in Youngstown, Niles and Warren, Ohio

EPA Announces Order Requiring Accel Charter Schools Network to Inspect and Abate Asbestos and Lead Paint at Three Schools in Youngstown, Niles and Warren, Ohio

June 28, 2024

Today, U.S. Environmental Protection Agency announced an agreementwith Accel Schools Ohio LLC to address lead paint concerns and asbestos at three of its schools in Ohio: Youngstown Academy of Excellence(1408 Rigby St., Youngstown); Niles Preparatory Academy (45 Chestnut Ave., Niles); and STEAM Academy of Warren (261 Elm Road, Warren). Under EPA's Resource Conservation and Recovery Act authority to address conditions which may present an imminent and substantial endangerment to health or the environment, the order requires Accel to take the following actions:

• Restrict access to the school buildings. Certain areas of the buildings can begin to open once testing confirms the area is free of asbestos and lead paint hazards.
• Notify parents of the concerns.
• Fully assess and abate asbestos and lead-based paint hazards.

"EPA is holding Accel accountable to protect students and staff from asbestos and lead exposure," said EPA Regional Administrator Debra Shore. "Children deserve healthy school environments where they can focus on learning. EPA will continue to work to reduce lead and asbestos hazards in Ohio and across the United States."

Blood lead testing can accurately measure children's exposure to lead, including lead paint. EPA is working with state and local health officials to establish resources for affected families. The Youngstown City Health District hosted a free blood lead testing event on June 25 for students who attend Youngstown Academy of Excellence. Concerned parents and guardians can contact their pediatrician or primary health care provider for information on blood lead testing.

The order sets timelines to ensure that any needed inspection, abatement, and clearance work is completed prior to allowing students, faculty, or staff to enter affected areas of the school buildings, with the goal of having this work completed by the start of the 2024/25 school year. It also requires Accel to continue reporting to EPA regarding asbestos and lead-based paint conditions at the three schools for five years after completion of the work required under the order.

On June 13, EPA issued a notice of violation under the Toxic Substances Control Act, or TSCA, to Accel for asbestos concerns at the schools. Invoking TSCA, EPA has subpoenaed Accel for records regarding its compliance with Asbestos Hazard Emergency Response Act, or AHERA, and lead-based paint renovation regulations in all its brick-and-mortar schools in Ohio and Michigan. AHERA requires public school districts, charter schools and schools affiliated with religious institutions to inspect their schools for asbestos, prepare management plans, and take action to prevent or reduce asbestos hazards. AHERA also requires schools to notify parents about potential hazards inside the buildings.

Background:

Accel is a public charter school system that operates 77 in-person charter schools, primarily in Ohio, and 15 online schools across the nation. In March 2024, Ohio Environmental Protection Agency received a complaint with concerns about asbestos at Youngstown Academy of Excellence. The state conducted a visual inspection shortly afterwards and notified EPA of the complaint and inspection findings because of EPA's authority under AHERA. In April 2024, EPA conducted its own visual inspections at Youngstown Academy of Excellence, Niles Preparatory Academy and STEAM Academy of Warren. As a result of the inspections, EPA learned that the three schools do not have required asbestos management plans, confirmed the presence of deteriorating asbestos and suspect lead paint, informed Accel representatives of legal requirements, provided information about hazards, and recommended hiring licensed and trained contractors.

For information on lead regulation, exposure or potential effects, contact the National Lead Information Center Hotlineor visit EPA's website.

For more information on asbestos exposure, visit the Agency for Toxic Substances and Disease Registry asbestos webpageor visit EPA's website for information on asbestos and school buildings.

Possible violations of the AHERA and Renovation, Repair, and Painting Rule requirements can be reported through EPA's enforcement website.

More information about the settlement is posted on the EPA website.