Illinois action group issues oak street beach warning

Chicago, Illinois â€" The shoreline of Illinois, and of Ilinois Beach State Park, have long been associated with asbestos contamination. As the 2008 beach season opens, an Illinois conservation group has issued asbestos warnings and advice for beach-goers to reduce their exposure to asbestos fibers. The history of asbestos contamination at Lake Michigan goes back twenty years or more, when asbestos fibers were released and carried south across Lake Michigan from a location which is now known as the Johns-Manville Asbestos Superfund site in Waukegan. The site is located near the south end of Illinois Beach State Park. Once an asbestos-disposal area of 150 acres, the site now contains around 300,000,000 cubic yards of waste, including asbestos, lead, and chromium, according to the EPA. EPA tests carried out as recently as May 2002 indicate that water from the superfund site is released into Lake Michigan occasionally, contaminating the water with these dangerous substances. Local conservation group the Illinois Dunesland Preservation Society has issued a warning about the risk of asbestos exposure, due to the fact that lake currents may be moving asbestos fibers as far south as Oak Street Beach, a popular summertime spot for residents. The Illinois Dunesland Preservation Society suggests that people visit the beach limit can their risk of exposure to asbestos in several ways, including: • Avoiding eating and drinking while at the beach • Avoid disturbing sand as much as possible • Shower and clean all belongings before leaving the beach • Keep items used at the beach separate from other household items, and launder any clothes and towels used at the beach separately. • Don’t sweep, dust, or vacuum any debris that might contain asbestos. The tips and warnings were compiled by Illinois asbestos expert Jeffery Camplin, who reviewed studies by the EPA and the Agency for Toxic Substances and Disease Registry at the request of the Dunesland group. Camplin’s conclusion was that the studies were flawed and lacking in terms of the use of standardized scientific protocols, and Dunesland group President Paul Kakuris believes that the studies were “rigged” to cover up official involvement in allowing the asbestos pollution to continue unchecked. However, EPA officials say that a study carried out in 2005 to assess asbestos levels at Oak Street Beach used valid sampling and testing methods. The ATSDR explains, “The air samples collected contained asbestos concentrations consistent with levels that would be expected in urban areas and that recreational activity at Oak Street Beach does not pose a public health hazard.” (Source: Asbestos and Mesothelioma News)

Borit asbestos site in pa may receive superfund money

Ambler, Pennsylvania - Environmental Protection Agency Region 3 has asked EPA headquarters to supply $4 million in Superfund money to clean up the BoRit asbestos site in Ambler, PA. The initial funding request came in a memo from Eduardo Rovira, the eastern EPA branch’s on-scene coordinator. Out of necessity the memo indicates on vague plans for cleaning the BoRit site, as it must allow for flexibility in the way asbestos removal and encapsulation is carried out. EPA headquarters have so far budgeted $2 million for the regional agency to complete asbestos abatement at the site, over a twelve month time frame. EPA community involvement coordinator Larry Johnson says this is just a starting point for clean-up of the BoRit site. In addition, Rovira says in the memo that he estimates eighteen months and more than $8.1 million will be needed to “prevent, limit or mitigate the threat posed by hazardous substances, pollutants or contaminants at the site.” Rovira says that after additional data was collected at the site, it was determined that “additional funding will be necessary to complete the removal action and initiate additional removal activities.” The memo also says that the region can itself cover almost $4 million of the money needed for the clean-up, and asks that EPA headquarters cover the rest of the money. Asbestos fibers have been found in soil, surface water, sediment, and air samples at the BoRit site over the years. Despite the contamination the nearby creek is a popular local fishing site, and some studied have shown that asbestos has a negative effect on fishing, including increased mortality. More seriously, asbestos causes a type of asbestos cancer called mesothelioma in humans, which is highly lethal due to its resistance to treatment. The memo contains some serious warnings about the asbestos contamination at the site. “If the proposed actions at the site are not implemented or are delayed, the release of hazardous substances into the environment may increase as asbestos-containing materials erode, erosion and run-off continue, asbestos-containing materials are brought to the surface by burrowing animals and/or worst-case weather conditions develop.” In addition, the memo states that “Nearby human populations and the environment may continue to be threatened by the potential for exposure to hazardous substances.” Before money can be allotted for the project, however, details of the world that will be carried out on the site have to be formed into a cohesive plan. According to Larry Johnson the plan will be completed by June. (Source: Asbestos and Mesothelioma News)

Improper asbestos handling allegations at ohio landfill

Lisbon, Ohio â€" South of Lisbon, Ohio, the A&L Salvage Landfill is a sight for sore eyesâ€"and noses. Apart from the dust and the smell, however, residents are concerned more about the possibility of asbestos exposure. After allegations made by locals of improper asbestos handling, the Environmental Protection Agency may even step in and take action. Local resident John Richmond says he shot four videos of day-to-day operations at the A&L Landfill, and claims that his videos show employees handling bags of asbestos in an unsafe manner. The videos show, says Richmond, that harmful asbestos dust is being released into the air. “I’m not anti-landfill; the stuff has to go somewhere. Everybody makes the stuff that goes into these places, but there’s a right way and a wrong way to do this, and this is constantly done the wrong way. Residents who live near the landfill say they’ve been concerned about water contamination and dust clouds at the site for a long time. Karen Ray, a local who lives close to the site, says, “The chemicals and things like that are going into the water we’re drinking. I have three children and that’s just something you have to think about. Not only from now but what’s going to happen to them with their health in the future.” John Richmond believes it’s time the Ohio EPA forces the A&L Landfill comply with state codes, or shut the operation down. Richmond turned his video footage over to the EPA, and the agency has since asked the state Attorney General to deny the A&L Landfillâ€"which allegedly has as many as 23 previous violationsâ€"a continuing operating license. The A&L Landfill Director of Operations, Stephen Callahan, has attempted to reassure neighbors that everything possible is being done to minimize risk at the site. “I think that we can give them some level of comfort that they’re not being exposed to anything dangerous,” Callahan says. “We understand it’s a landfill and that’s not the preferred neighbor to have, but I think if they could continue to educate themselves on what we do, that they will have much less concern on what goes on at the site.” Stephen Callahan has encouraged locals to visit the facility if they have any questions. For now, though, talks between the A&L Landfill and the Ohio EPA continue, and nothing has yet been decided. (Source: Asbestos and Mesothelioma News)

Ohio mall may be closed if asbestos isn’t removed

Toledo, Ohio â€" The Southwyck Shopping Mall in Toledo, Ohio, might end up being closed down after the weekend if its owners don’t clean up the asbestos and toxic mold that was found there. According to a statement from the city of Toledo, Southwyck Mall management will receive 72-hour orders for cleaning up the site. City Building Inspection Commissioner Chris Zervos said that the present condition of the mall is a health hazard for employees and the public, and that management has just 72 hours to clean up the mold and contain the asbestos so that the public is not at risk of exposure. If the problems aren’t fixed by Monday, says the city’s statement, the mall will be closed down. Inspections of the Southwyck Shopping Mall were carried out on Friday May 2. Black mold was found on ceilings in the main concourse of the mall. Asbestos was discovered in a store that is currently vacant but Zervos said that maintenance personnel who entered the vacant area could have inadvertently allowed asbestos to escape the contaminated area. Carty Finkbeiner, Mayor of Toledo, said “I hope it does not come to the point where we have to shut down the mall. If it does come to that, the city of Toledo department of development will work with current tenants to assist them in their relocation efforts.” In addition, said Finkbeiner, “We don’t want to inconvenience these business owners or their employees. But we have a responsibility to protect their health and the health of the general public.” The mall is currently somewhat empty, with just six stores present. Developer Larry Dillin is attempting to buy the site. However, a buyer might get more than they bargain for. Asbestos in one location means it’s likely to be present in many other places in Southwyck Shopping mall. Asbestos was so widely used in construction between the 1940s and 1980s that it might be present in many different materials used to build the mall. Abatement or removal of asbestos can be particularly costly due to the necessary precautionary measures needed when handling and working with the substance. Many states require professionally trained asbestos workers to carry out abatement, and have strict regulations that control how asbestos is removed and disposed of. Disposal of asbestos waste, for example, is around three times more expensive than disposal of non-hazardous waste. Failure to comply with a state’s asbestos laws can bring costly penalties. (Source: Asbestos and Mesothelioma News)

Woman wins $7.5 million verdict against exxonmobil

Linden, New Jersey - A resident of Linden, New Jersey who claims to have developed a rare type of stomach cancer as a result of her connection to the Bayway Refinery in Linden has won a $7.5 million verdict in a lawsuit against ExxonMobil Corp. Bonnie Anderson claimed that she had developed a rare form of mesothelioma called peritoneal mesothelioma as a result of being exposed to asbestos. However, unlike most people who pursue asbestos-related legal action, Bonnie Anderson never worked for the company she successfully sued. In this case, Bonnie Anderson claimed that she was exposed to asbestos because her husband John worked at the Bayway Refinery. For decades, the lawsuit claimed, Bonnie Anderson was unknowingly exposed to asbestos that her husband had brought home on the clothes he wore at work. John Anderson was employed as a process operator at the Bayway Refinery, which was formerly owned by ExxonMobil. The lawsuit claimed that in the act of washing her husband’s asbestos-laden clothing, Bonnie Anderson was exposed to asbestos fibers which became airborne during the process. Asbestos fibers, when inhaled, are known to be the cause of several different forms of asbestos cancer called mesothelioma. The cancer can develop in the lining of the lungs, abdomen, or heart, and in all three cases is highly resistant to treatment. Mesothelioma is a particularly lethal form of cancer; more than 50% of people diagnosed die within two years. People who develop mesothelioma and other asbestos-related diseases such as asbestosis are typically those who have worked in occupations where asbestos exposure occurred. Those most at risk include construction workers and industrial workers. Other at-risk groups include people who served in the U.S. Navy. A small number of cases involve people like Bonnie Anderson, who were exposed in a secondary fashion via contact with someone who worked with or around asbestos. Whether asbestos exposure is direct or indirect, mesothelioma usually takes between three and five decades to develop. Bonnie Anderson’s lawsuit has been ongoing for several months. Last year, a Middlesex County Superior Court jury found that ExxonMobil was responsible for the development of her cancer. The most recent trial focused on awarding damages. That trial began two weeks ago, and has resulted in the $7.5 million verdict. An ExxonMobil spokesperson said, “We sympathize with the Andersons, but we operate our businesses with meticulous attention to the health and safety of our employees and others. We are considering our post-trial options, including an appeal.” (Source: Asbestos and Mesothelioma News)

Scientists ask canadian government to release asbestos results

Canada - Two internationally renowned scientists who contributed to a Canadian health study about asbestos and cancer risks have asked the Canadian government to make good on its promise to release the results of the study to the public. Canadian federal agency Health Canada hired seven medical and scientific experts from around the world to compile the report on the risks of asbestos exposure. The experts submitted their report back in March, and say they were told that the Canadian government would release the results to the public within a few weeks. However, the report still hasn’t been made public. Health Minister Tony Clement says the report will be made public only after it has been reviewed by health department officials. Head of the School of Public Health at the University of Illinois, Leslie Stayner, and Trevor Ogden, the chairperson of the panel of medical and scientific experts, have both written letters to Clement asking why the release of the report has been delayed for so long. Stayner wrote, “It is simply unacceptable for this report to continue to be withheld from the public, while individuals who have seen the report and our comments make erroneous allegations about what it contains to suit their political objectives.” Canada is the only developed nation which still produces raw asbestos, the substance which has been labeled a deadly threat by many health agencies, including World Health Organization and the International Association for Cancer Research. The Canadian government continues to believe that asbestos is safe as long as it’s handled properly. The government has spent almost $20 million over the last twenty years to promote exports of asbestos. Most of that has gone to developing nations such as Pakistan, Indonesia, and India, where it is generally used in construction materials. The executive council of the Canadian Labour Congress this weekend passed a resolution calling for a halt to the production of asbestos, and an economic transition for the 700 Quebec asbestos miners who would be affected if the asbestos industry were shut down. Canada’s two asbestos mines are both located in Quebec. The province has one of the highest incidence rates of mesothelioma in the world. In his letter, Stayner wrote that the panel had not been asked to debate on whether or not chrysotile could be used safely, but said that “from a pragmatic point of view, my answer to this question would be that [safe use of chrysotile] is simply not possible.” (Source: Asbestos and Mesothelioma News)

Landfill soil exchange may create asbestos problems

Jamestown, California - Jamestown, California officials have a plant to use soil from the Jamestown Mine site to help close the Jamestown Landfill. The plan has received approval from the advisory Jamestown Area Planning Commission and will go before the Tuolumne County Board of Supervisors for final approval in June, but some residents are concerned about the possibility of asbestos contamination occurring during the soil switch. The plan is part of the county’s efforts to avoid fines of up to $10,000 per day by meeting a state-mandated deadline to close the old Jamestown Landfill site as soon as possible. In order to avoid paying hefty fines the work has to be started by July 1 and completed by December 31, 2008. To be able to close the landfill, the plan is to remove 41,500 cubic yards of soil from the Jamestown Mine site, which is owned by the county. The mine is just three miles away from the landfill, and Tuolumne County Geographic Information Systems coordinator Larry Beil says using the soil from the mine could save as much as $300,000 on the costs of soil and transporting it to the landfill. The soil will be taken from piles of soil that were removed from the mine site before the mining began. Deputy County Administrator Daniel Richardson believes it’s good for taxpayers, but Jamestown resident Joan Gorsuch is worried about using soil from the mine due to the possibility of some type of contamination occurring. Her main concern is that asbestos may be released into the air. Asbestos is naturally present in the soil at the mine site. The substance is present in a large amount of the earth’s crust in very low concentrations, but there are asbestos deposits present in many locations where the concentration is much higher. Asbestos is dangerous when fibers become airborne, as they can then be inhaled into the lungs. Over time, asbestos embedded in the lungs can cause chronic lung conditions and a type of asbestos cancer called mesothelioma. Daniel Richardson says that workers will take precautions to prevent the release of large amounts of dust into the air, just as would occur in any type of construction project. In addition, he says, the work will only be carried out during the day on weekdays. The work is planned to start as soon as approval is obtained. The project will be completed at a cost of close to $6 million, which includes the cost of previous failed measures taken to close the dump site. (Source: Asbestos and Mesothelioma News)

Sandwich freezer demolition still underway

Sandwich, Massachusetts - The demolition of the freezer plant which is located alongside Cape Cod Canal is still an ongoing process, and according to Sandwich Fire Prevention Officer J.J. Burke, will enter Phase II this week. The project has already been delayed several times. The first incident occurred in March, after the discovery of roofing shingles which contained asbestos. Officer Burke said at the time that the asbestos in the shingles was encapsulated in roofing tar and wasn’t dangerous. However, the shingles would need to be removed in accordance with state and federal laws that regulate the handling of asbestos. Further delays have come from the requirement of the site to undergo preparation before the asbestos-containing shingles can be removed. Certain interior electrical components had to be removed prior to asbestos removal, to prevent the possibility of contamination. Asbestos waste is three times more expensive to dispose of than non-contaminated waste, so the plan must minimize the possibility of contamination of ‘clean’ waste. Another issue that has held the procedure up was that some sections of the roof would land on adjacent property owned by the Army Corps of Engineers, meaning that the owners of that land also have to approve the plan. The former freezer plant consists of two units, including a two-storey timber-framed building and a single-storey block-and-mortar building. The single-storey building was demolished as part of Phase I of the project, which was completed May 8. Phase II involves the demolition of the two-storey timber-framed unit, but before that can be completed, a plan must be devised to safely deal with the asbestos. Project manager Joe Forns and structural engineer Michelle Cudillo are now working with the Department of Environmental Protection to develop a plan for demolition of the two-storey building, to ensure its asbestos roof is removed safely. The plan involves the removal of the room and its transference to an approved disposal site in Maine. Following the removal of the roof, the remainder of the building can be demolished. A permit may be issued for the new Phase II plan as early as this week. According to Officer Burke, the roof must be removed from the building and the property within 24 hours once the project has been started, as the asbestos debris cannot be allowed to remain at the site any longer than necessary. The roof must be removed first to prevent the possibility of contaminating the rest of the building. Once the plan for removing the roof is approved and the permit is issued, the site’s owner has thirty days in which to demolish the two-storey building. (Source: Asbestos and Mesothelioma News)

Asarco has until july 2 to organize its bankruptcy plan

A federal bankruptcy judge has decided that bankrupt copper mining company ASARCO has until July 2 to organize its Chapter 11 reorganization plan. Currently it’s thought likely that the plan will include the sale of its working assets to Sterlite Industries Ltd for $2.6 billion. ASARCO, which has billions of dollars worth of asbestos and other environmental liabilities, had originally asked to be given until August 1 to organize the plan, but Judge Richard Schmidt decided on the July 2 deadline. After the deadline passes, outside parties, including ASARCO’s parent company Grupo Mexico, will be allowed to propose plans. Grupo Mexico has put in an unofficial offer of $2.7 billion for the company, having lost control during bankruptcy proceedings. Grupo Mexico is a mining conglomerate headed by Chairman and Chief Executive German Larrea Mota-Velasco. The company is the world’s third largest producer of copper, and has mining interests in several South American locations. Sterlite, a subsidiary of Vedanta Resources Ltd, is an India-based copper, zinc and aluminum producer and. The company was the winning bidder at the ASARCO auction in May. At this stage, however, it’s unclear as to whether ASARCO will sell to Sterlite or to its former parent. ASARCO management is at odds with its former parent for many reasons, which may preclude a Grupo Mexico sale. However, if the Sterlite sale is rejected by ASARCO’s bankruptcy judge it may allow Grupo Mexico a real chance at reacquiring control over its former subsidiary. ASARCO filed for bankruptcy in 2005, and during the process a bankruptcy judge removed Grupo Mexico’s control over the company due to allegations that the parent company was stripping ASARCO’s assets in an attempt to protect those assets from asbestos and environmental liability claims. One of those assets was the Peruvian copper mine which was ASARCO’s most valuable asset, arguably the main reason for Grupo Mexico acquiring the company. Among ASARCO’s claims are that Grupo Mexico systematically stripped the subsidiary of assets, including Peruvian copper mines that ASARCO once had a significant stake in and were the company’s most significant asset. ASARCO claims that Grupo Mexico did this to prevent the mines being used to pay ASARCO’s creditors. ASARCO also claims that Grupo Mexico had full knowledge of the company’s billions of dollars worth of liabilities when it acquired the company. Grupo Mexico has denied the charges in the recent month-long trial which ended last week. A ruling on the case, in which ASARCO has asked for the return of $11.3 billion in assets, is expected some time during the summer. (Source: Asbestos and Mesothelioma News)

Asbestos abatement begins at florida elementary school

Clay County school leaders have decided to take an important step in protecting the health of students, by having asbestos removed from Keystone Elementary School. Ross Tholand, of Clay County Schools said, “We’re removing some transite-paneled walls and replacing those with concrete-block walls and new doors.” Transite is a type of paneled wall product which contains asbestos. Due to the health risks involved in asbestos exposure, work with or around the substance is tightly regulated and there are several laws and requirements that control how asbestos-containing materials and buildings must be handled. These requirements tend to significantly increase the costs of any renovation or demolition involving asbestos. In the case of the Keystone Elementary School and other buildings which contain asbestos materials, two factors can significantly increase the costs. The first is that the asbestos must be treated with extreme caution, and special procedures must be used when handling or removing the substance. This requires licensed professionals who are trained to handle asbestos, and often means tight school budgets are stretched even further by the need to hire licensed asbestos contractors. The second factor is that disposal of asbestos-containing construction waste is up to three times more expensive than disposal of non-hazardous waste, due to the necessity of disposing of the material at a landfill that is equipped to handle hazardous materials. If asbestos waste must be removed, its disposal pushes up the costs of renovations hugely. The issue of asbestos in schools is likely to become an increasingly widespread problem. Asbestos was used in a variety of building materials between the 1940s and 1980s, due to the substance’s excellence as a fire-retardant, insulator, and acoustic barrier. As asbestos-containing materials age, repairs and renovations may cause disturbance to asbestos materials. These types of disturbances can potentially present a health hazard if proper procedures are not followed to limit exposure. To deal with asbestos in schools, the EPA requires that all schools that contain asbestos maintain a management plan that details the location of asbestos, its condition, and the measures taken to prevent exposure. In schools where asbestos is present, parents and school employees can request to see a copy of the asbestos management plan at any time. All friable asbestos has already been removed from Keystone Elementary School, according to Ross Tholand, and the non-friable asbestos which remains is inspected annually. “These [non-friable asbestos materials] are perfectly harmless as long as you don’t take a sand belt and sander to them or drill into them and create a dust. If you create a dust, then you have a friable product, and that’s a little different,” said Tholand. Parents are pleased that the work is being done during the summer vacation, and that the asbestos is being removed before it becomes a problem, rather than in the future. (Source: Asbestos and Mesothelioma News)

State says ma firefighters were exposed to asbestos

Newton, Massachusetts â€" A state report confirms that firefighters working at Fire Station Three in Newton Center, Massachusetts were exposed to asbestos. The asbestos exposure incident occurred on Wednesday, March 19 when contractors were carrying out renovations in Fire Station Three. As the work was being performed, visible dust was created and at one point debris from the ceiling fell near four firefighters who were nearby. One employee also reported that dust had fallen onto him and onto his computer. Following discovery of the exposure incident an investigation was initiated. Initial tests carried out on the air and the dust in the incident area came back negative. After the incident, Mayoral spokesperson Jeremy Solomon said “Our foremost concern is for the safety and health of building occupants. Clearly, before any [future] work is done in the walls or ceilings, better precautions need to be taken.” A state report released on Friday March 28 indicates that the asbestos dust and debris did in fact pose a health hazard to the workers carrying out the renovation work and to the firefighters present in the station. The area where the incident occurred has been cleaned. The employees who were exposed have seen doctors, but any medical issues that might result from the exposure won’t be seen immediately. Both asbestosis and mesothelioma have latency periods before symptoms are noted. Mesothelioma cancers can take between three and six decades to develop and produce symptoms. Health and Human Services Commissioner David Naparstek said that health and safety workers are treating the four firefighters as though exposure had occurred, so that their health can be monitored for early signs of disease. Despite the fact that the initial tests came back negative, the state report actually found asbestos in the building. The state’s investigation included areas that weren’t formerly tested, however. Fire Union President Tom Lopez is disappointed and frustrated, because the union sent the city a letter two years ago, requesting that the city ensure the safety of firefighters during renovation work due to the possibility of asbestos exposure. Lopez now feels that the city should not have allowed the exposure incident to occur. “They haven’t taken the time to address our concerns. We wanted to work with them. We wanted to avoid what we were going through now.” Renovation work at the city’s fire stations has temporarily ceased, to give the city time to develop a plan to protect firefighters from asbestos during future renovations. (Source: Asbestos and Mesothelioma News)

Appellate court reverses $10m asbestos judgment

On Tuesday June 10 a state Appellate Court reversed a $10 million verdict against the Ford Motor Company, saying the widower who had won the verdict had in fact had no grounds to sue the auto company. The 14th Court of Appeals issued the ruling after it had asked the Michigan Supreme Court to provide an opinion about whether family members representing Carolyn Miller, who died in 2000, had the right to sue the Ford Motor Company. Miller’s attorneys said that Carolyn Miller died at age 54 of mesothelioma after she was exposed to asbestos which her father transported home on his work clothes. Carolyn’s father, John Roland, worked at the Ford Rouge plant in Michigan between 1953 and 1964. His work involved relining and demolishing blast furnaces. John Roland and Glenn Miller sued the Ford Motor Company in 2001, claiming that Carolyn Miller’s death was wrongfully caused. The case was tried in 2004, and Carolyn’s family was awarded $10 million by a Brazoria County jury. The case was tried in Brazoria County because some of the original defendants, including the Dow Chemical Company, had operations based there. Most of the defendants in the case settled before it went to trial. Despite the fact that the trial was held in a Texas court, it was tried under Michigan law. The recent Michigan Supreme Court ruling, written by Justice Leslie Yates, reversed the $10 million verdict, and was a majority opinion. The ruling stated that Carolyn’s husband, Glenn Miller, had no right to sue the Ford Motor Company because Carolyn had never actually set foot on the company’s property to be exposed to asbestos. Therefore, the ruling said, the company “owed Miller no such duty.” In addition, the Appellate Court found that Roland, who in the original judgment had received $500,000 in damages for past and future pain and suffering, could not be awarded damages. The Supreme Court decision said that Roland’s injuries did not warrant a damages award. In the decision, Yates wrote, “The undisputed evidence shows only that Roland might get cancer in the future, and that is not a sufficient basis to support a recovery.” A spokesperson for the Ford Motor Company said the appellate decision was the right one. “Ms. Miller was never on Ford premises and any risk to her from her father’s work clothes was not known or foreseeable to Ford, and was not something that Ford could prevent since he worked many other places besides Ford premises, said spokesperson Marcey Evans. (Source: Asbestos and Mesothelioma News)

Arenegyr granted orphan drug designation

The European Commission has granted Arenegyr, MolMed’s new mesothelioma drug “orphan” designation. The Orphan designation is granted to drugs which are intended to be used in the treatment of life-threatening or chronic conditions which affect no more than five in ten thousand people. Designating Arenegyr as an Orphan drug means it may be possible to reduce the drug’s development time and make it available on the market more quickly. The MolMed biotech company focuses on research and development of new anti-tumor therapy. Arenegyr is one a new class of anti-cancer drug called a “vascular targeting agent.” These types of drugs selectively target the vascular system of tumors, and prevent cancer cells from receiving vital blood, oxygen, and nutrients. Arenegyr is currently undergoing clinical trials both as a single chemotherapy agent and in combination with different drugs. The new chemotherapy drug is being trialed for colorectal cancer as well as mesothelioma treatment. Malignant plural mesothelioma is a type of cancer which develops in the lining of the lungs as a result of exposure to asbestos. The cancer is relatively rare but highly lethal, as the cancer is both aggressive and resistant to treatment. MolMed has said that their preliminary results show that Arenegyr has demonstrated both safety and efficacy, has promising survival rates, and may provide substantial clinical benefit. In addition, the drug appears to have low toxicity. In the company’s malignant plural mesothelioma trial, Arenegyr was tested as a second line therapy in patients who had received prior chemotherapy treatment. MolMed’s results show overall improved survival rates, and almost doubled progression-free survival rates. The company has also trialed Arenegyr for the treatment of colorectal cancer, which has a variety of different causes, one of which is known to be asbestos exposure. Colorectal cancer is the third most common cancer in the world, with one million new cases diagnosed every year, and is the second most common cause of cancer deaths in the Western world. Most patients with advanced colorectal cancer develop resistance to commonly-used therapies, and there is therefore a strong need for new treatments. MolMed’s colorectal cancer study included 43 patients, all of whom had received other types of prior treatments which had all failed. MolMed claims the preliminary data shows a fifty percent relative improved overall survival rate. Chairman and Chief Executive Officer of MolMed Claudio Bordignon said of European Commission’s decision, “Orphan Drug designation for Arenegyr in mesothelioma represents a fundamental acknowledgement of the interesting early efficacy and safety results achieved in an ongoing Phase II trial…” (Source: Asbestos and Mesothelioma News)

Another death due to mesothelioma for taconite miners

Another taconite Iron Range miner is dead from mesothelioma, bringing the total number of mesothelioma fatalities for taconite workers in the area to 59. The news was announced by the Minnesota Department of Health at the third meeting of the Taconite Workers Lung Health Partnership. Mesothelioma is a rare but deadly form of cancer that most commonly develops in the lining of the lungs of affected individuals. The only known cause of mesothelioma is exposure to asbestos. The Taconite Workers Lung Health Partnership is working towards completing a study on the Iron Range mesothelioma issue, for which it recently received funding of $4.9 million. In 2007, the Department of Health announced that a total of 35 Iron Range miners had died from mesothelioma. Along with several other miners previously identified as having died from mesothelioma, Professor John Finnegan, dean of the University of Minnesota School of Public Health, says that 58 Iron Range miners have died from the disease to date. Finnegan believes that this total is “clearly in excess” of that which should be expected in an average population. According to Charlie Olson, an Iron Range steelworker who gave testimony before the House Higher Education and Work Force Development Policy and Finance Division, workers at Iron Range mines have long held suspicion that the taconite processing work they were doing was causing the release of asbestos. Fibers that closely resemble asbestos have been found in eastern Iron Range ore. Preliminary data analysis on 58 mine workers diagnosed with mesothelioma has been carried out by the Minnesota Department of Health. The miners in the study worked at six of the seven mining operations that were active during their employment period. Almost one fourth of the workers were employed in the mining industry for less than one year, while slightly more than one fourth were employed for thirty or more years. Almost all of the miners were diagnosed with mesothelioma at least thirty years after they had first begun work in the mining industry. In some cases, diagnosis was made more than sixty years later. The new $4.9 million study will involve health and respiratory screening of current and former Iron Range mine workers and their spouses, as well as air testing in several different locations in and around the Iron Range area. Air quality tests began last week at Virginia City Hall, where a $35,000 particle-sampling machine collected ten days worth of data. The machines will be set up in a variety of location to collect data which can be analyzed to determine the types of particles present. The partnership hopes that the information they collect will eventually provide an answer to the question of why so many Iron Range workers have died from mesothelioma. (Source: Asbestos and Mesothelioma News)

Asbestos found at illegal dump site

March 31, 2008, Upper Bucks County, Pennsylvania â€" A man has been accused of operating an illegal garbage dump, after authorities allegedly found several different types of hazardous contaminants, including damaged lead batteries and asbestos, at the site. The accused is Upper Bucks County resident Herman J. Moyer, who faces a court trial after waiving a preliminary hearing. Ellis B. Klein, the man’s attorney, hopes to negotiate a plea bargain in May, so that Moyer, 86, doesn’t have to spend time in jail. Brian Coffey, Deputy Attorney General for the Attorney General’s Environmental Crimes Section, said that Moyer’s waiver shows he’s willing to cooperate, and the state will take that into consideration. Moyer apparently ran the illegal dump for several decades, and may be liable for fines of up to $1,000 per day of operation. Ellis B. Klein hopes to be able to negotiate a reduced fine. The site is located at 394 North Mine Road in the townships of Richland and Springfield. Moyer began operating the dump at a time when the current permit requirements and environmental laws didn’t exist. Moyer burned and buried waste for decades without permits, but Moyer’s attorney says the dump operator wasn’t aware that he was breaking any laws. The site was first inspected on July 13 2005. During this inspection, a representative of the Pennsylvania Department of Environmental Protection found waste tires, construction waste, trash buried up to thirty feet deep, and a walk-in burn barrel. A further inspection on September 19 revealed more evidence of burning of solid waste. Among the waste seized was partially-buried asbestos-containing pipe. Herman J. Moyer has owned the 47-acre property for more than 50 years, and turned the site into a dump-yard before the state began regulating these types of waste disposal sites. The first regulations came into effect in 1980, and Moyer began receiving violation noticed shortly after. In 1990 and 1998 Moyer was ordered to stop receiving waste and to clean up the property. In 1991, a massive fire at the site saw an estimated 300 firefighters work around 18 hours to quell the blaze. Moyer continued to operate the site despite the warnings, but it was not until 2005 that the first inspections were initiated. Further inspections in 2007 revealed the presence of even more waste, including lead-acid batteries, old tires, waste buried thirty feet deep, and asbestos-containing waste. A Department of Environmental Protection spokesperson said that Moyer would slow down activity following violation notices, but that the department would begin receiving more reports of activity eventually. (Source: Asbestos and Mesothelioma News)

Second-hand smoke increases risks for asbestos workers

New York - Town officials of Goldens Bridge in New York say they have made ever effort to have property owner Brian Stein complete the repairs needed to make his property at 28 Fairmount Road in Goldens Bridge less hazardous, but to no avail. Members of the Town Board have now agreed that the town will complete the work and temporarily cover the costs involved. The town had previously asked Brian Stein to contract out the work that would be required to safely demolish three summer cottages on the seven acre Fairmount Road property. All three of the dilapidated cottages contain asbestos, which must be removed before the cottages can be demolished. Asbestos, which is known to cause an aggressively lethal type of asbestos cancer called mesothelioma, was widely used in construction materials for much of the twentieth century, and due to the widespread use of the substance, older buildings must be demolished with special care. Older buildings which contain asbestos must have all the asbestos removed before demolition can go ahead, to prevent the generation and dispersal of large clouds of asbestos dust which could contaminate the environment and be breathed in by locals. Removal of asbestos is costly and time-consuming, however, due to the need for specially trained and licensed workers, the need for special removal techniques to limit the production of dust, and the increased costs of disposal of asbestos-containing materials. Area residents have been complaining for almost a decade that the three cottages are dangerous, not only due to asbestos, but also due simply to their run-down state. Three successive town administrations have had discussions on what to do about the situation, but no action was taken until this year, when Town Supervisor Edward Brancati gave Stein a deadline of May 19 to locate and hire a contractor to carry out the asbestos remediation, but the deadline has passed with no progress made. According to Edward Brancati, “The Town Board is now authorizing our building department to move forward with this. We will work with our own consultants to apply to the New York State DEC [Department of Environmental Conservation] for the required permits so we can begin demolition at the Fairmount Road property.” Town officials said that the DEC usually takes between two and three weeks to respond to requests, but hope that the work can begin quickly once the permit is received. All of the costs the town incurs in getting the work done will be charged to Brian Stein. (Source: Asbestos and Mesothelioma News)

Asbestos may prevent restoration of old navy ship

Washtenaw County, Michigan - An effort to restore an old Navy ship is being delayed due to money shortages. The high cost of restoration includes money for asbestos abatement, as the substance was heavily used in Navy vessels during much of the twentieth century. The ship in question is the USS Washtenaw County, which served in the Vietnam War. The ship is currently docked on the Columbia River downstream from Rainier, Oregon. Due to environmental concerns, such as the presence of asbestos on the ship, it can’t be towed to sea and sunk, and due to money shortages, restoration can’t be completed. The USS Washtenaw County is the only Navy ship which bears that name. The vessel is an LST, a flat-bottomed ship designed to effectively navigate rivers, and land on beaches when troops or equipment need unloading. She earned more than twenty distinctions for her Vietnam War service, including earned 13 battle stars, two Presidential Unit Citations, two Navy Unit Commendations, and four Meritorious Unit Commendations. Walt James of Portland, Oregon is a member of the company which owns the ship. He says the chances of restoration being completed are slim, to the projected cost of the project, which could be as high as one million dollars. Currently the restoration fund totals just $14,000. Since the USS Washtenaw County was decommissioned in 1973, she has been bought and resold a number of times. It was finally purchased by the Amphibious Forces Memorial Museum in Vancouver, Wash., in 2005, a partnership comprising Walt James and two associates. They had planned to restore the ship, but the unexpectedly high cost, together with the problems caused by theft and damage to the ship, has prevented the project from moving ahead. Much of the current trouble is due to the theft of valuable metal from the ship with around $100,000, and damage to the ship’s engine room caused by the thieves. In addition, there is asbestos and other toxins present on the ship, which contributes to the high cost restoration. Walt James has already put $20,000 of his own money into the fund, and says the Oregon Department of Environmental Quality is now pressuring him to move the ship from its current location on the Columbia River. However, the Coast Guard is telling him exactly the opposite: that the presence of asbestos, PCBs, and oil on the ship means it can’t be moved. The EPA has also told him that the ship can’t be sunk at sea due to the presence of those toxins. (Source: Asbestos and Mesothelioma News)

Whisnant asbestos case may receive new trial

Texas - The Whisnant Vs DuPont case may be back to square one, as Judge Donald Floyd has agreed that the case should be retried. During February and March, the jury in a six-week asbestos trial listened to plaintiff claims that Willis Whisnant had developed mesothelioma as a result of negligence on the part of contractual employer DuPont. The jury decided in favor of the defendant. Now, the plaintiff’s attorney, Glen Morgan, is asking that the verdict be set aside and a new trial granted. The case was filed by Caryl Richardson representing the estate of Willis Whisnant, who died in 1999 at 72, after being diagnosed with mesothelioma. During the trial, the jury heard that Whisnant had been a B.F. Shaw pipefitter in 1966 and had been contracted to work at DuPont. The plaintiff attorney argued that Whisnant had negligently and maliciously been exposed to asbestos. However, on March 25 the jury returned their verdict, which effectively found that DuPont was not guilty of negligence. Plaintiff attorney Glen Morgan subsequently filed a Plaintiff’s Motion for a New Trial, stating that the jury’s decision was “contrary to the overwhelming weight and preponderance of the evidence.” The sixteen-page motion argued that the jury may have been unduly influenced by an online and print publication, “The Southeast Texas Record,” which publishes articles about local court events. Morgan claimed that the newspaper, which is owned by the U.S. Chamber of Commerce, deliberately publishes “anti-plaintiff propaganda,” and that articles about the Whisnant trial which were clearly favorable to DuPont may have contributed to the jury’s decision. The plaintiff’s attorney cited a specific instance in which the Southeast Texas Record described evidence that presiding Judge Floyd had ruled was not admissible. Morgan argued that any juror reading that article would have learned information that had been excluded from the trial, and may have been unduly influenced to decide in favor of DuPont as a result. DuPont defense attorney M.C. Carrington defended the jury’s verdict, saying that “…the jury had every reason to reach the decision that they did. There is not any way that the court will find that there is insufficient evidence to support the jury finding.” Carrington also said that there was not enough evidence to determine whether or not the jury was unduly influenced by The Southeast Texas Record’s coverage of the trial. Judge Donald Floyd evidently agrees with Glen Morgan, but in his two-paragraph decision, the judge did not give any reason for his ruling. (Source: Asbestos and Mesothelioma News)

Advocates collaborate to promote asbestos ban

The Asbestos Disease Awareness Organization and other public health advocates have this week announced the formation of the Committee to Ban Asbestos in America. The Committee is calling upon the United States Congress and the President to ban asbestos in American as soon as possible. Formed from a collaboration between the John McNamara Foundation, the Asbestos Disease Awareness Organization, and other advocates of public health, the Committee to Ban Asbestos in America has declared its dedication to seeing all uses of asbestos banned in America, and to eliminating asbestos-related diseases. In its first press release, the Committee to Ban Asbestos in America points out that asbestos-related diseases kill 10,000 people every year, and that according to the National Center for Health Statistics (NCHS) of the Centers for Disease Control and Prevention (CDC), the incidence rate of mesothelioma deaths has increased every year since 1980. TC McNamara, Founder of The John McNamara Foundation, said, “Asbestos and the manufacturers of asbestos are responsible for creating the largest man made health crisis in this country. Asbestos went from being a miracle product to a serial killer which makes this legislation long overdue, but now is the time to ban asbestos in America.” The John McNamara foundation was founded by the McNamara family, who formed the foundation after losing a family member to asbestos-related disease. The organization works to provide assistance and support to mesothelioma patients and family members, and to act as advocates for the banning of asbestos. Linda Reinstein, Chairperson of the Committee to Ban Asbestos in America and director of the Asbestos Disease Awareness Organization said, “As recommended by the National Institute for Occupational Safety and Health (NIOSH) in 1976 the only way to prevent asbestos-related diseases is to ban its use, the CBAA supports language in a Committee Print before the House Energy & Commerce Subcommittee on Environment & Hazardous Materials.” “We are calling on the U.S. Congress and the President to do the right thing and ban asbestos in America and fund critical medical programs. Doctors and scientists agree: asbestos is a carcinogen and that there is no safe level of exposure. Preventing asbestos exposure is the only way to eliminate asbestos caused diseases. Recent ADAO product testing confirmed asbestos is still found in consumer products including toys.” The Asbestos Disease Awareness Organization was founded in 2004 by asbestos disease suffers and their family members and advocates. The organization provides support and advocacy for people affected by asbestos-related diseases, to give people a united voice and ensure their rights are protected and represented. In addition, the organization helps raise public awareness of asbestos issues. (Source: Asbestos and Mesothelioma News)

Air tests begin in minnesota’s iron range

The Minnesota Iron Range study that has been several years in the making has finally begun, as this week researchers collected their first batch of air test samples. The NRRI and the University of Minnesota School of Public Health are collaborating on a five year study which will investigate the health risks Iron Range miners face from exposure to mine dust. It has previously been shown that Iron Range miners have a substantially increased risk of developing mesothelioma compared to the risk for the general population. The researchers have collected samples from a particle-sampling machine which sits atop Virginia City Hall. Over the next few months, three of these machinesâ€"which each cost $35,000â€"will move through communities all over the Iron Range, to allow researchers to find out what types of particles are present in the air around the mines. This information will be invaluable if subsequent research shows that mineral particles present in the mine or the air are a human health hazard. The testing machines have collected data for ten days in Virginia, and the filters will now be analyzed in Minneapolis, according to UMD Natural Resources Research Institute research associate Tamara Diedrich. Following the initial analysis the samples will be shipped back to UMD for more in-depth analysis using electron microscopy. Diedrich says these initial air tests are “exploratory” work, and also says the research team is still devising a detailed plan as to how Iron Range air quality will be monitored. The team will likely include Hibbing, Silver Bay, Babbitt, Grand Rapids, Ely, Keewatin and Chisholm in their initial sampling over the next few months. Up to ten communities may be involved, but only three will be monitored at a time due to limited resources. “This is an exciting opportunity to look at dust in the air and find out how the background changes from east to west across the Range,” Diedrich said. The machines which are being used for the sampling “inhale” one cubic foot of air per minute, and use tiny filters to retain particulate matter in the air. The intake valve filters are just eighteen microns in diameter. A human hair, in comparison, is 70 microns in diameter. According to Tamara Diedrich the community air monitoring will provide information about exposure to particulate matter which will be useful if there are any issues discovered during subsequent phases of the research. However, it will take up to three years’ worth of data to create a “baseline” for community particulate exposure which can be used as a basis for comparison with communities where suspected asbestos or other dangerous particles may be present in the air. (Source: Asbestos and Mesothelioma News)

Ohio city responds to epa fines

East Liverpool, Ohio â€" A meeting between East Liverpool officials and the Ohio Environmental Protection Agency has been scheduled for May 28, for discussion of the proposed $30,000 fine the agency plans to impose on the city. The incident which prompted the fine came to light in May 2005, says Jim Swoger, Mayor of East Liverpool. The incident involved Street Department Supervisor Earl Taylor, who hired a contractor to remove asbestos-containing pipe insulation from a city-owned building. Around 500 linear feet of pipe insulation was removed and buried by Earl Taylor at a clean landfill site on city-owned property. Several days later William Cowan, then-Service Safety Director, notified the Ohio EPA about the asbestos removal and disposal and expressed concerns about the safety of the procedure. Asbestos removal must be carried out carefully to prevent exposure, which can cause cancer and other serious diseases. Safe and legal removal of asbestos includes wet-removal procedures to prevent dust dispersal. Disposing of asbestos safely is another important issue, as asbestos at landfill sites can present a health hazard to anyone working or visiting the site. Asbestos can only be disposed of at waste sites that are equipped to handle hazardous materials. As it turned out, the removal and disposal of the asbestos was illegal. The asbestos removal was carried out with the knowledge or consent of the Ohio EPA. The agency also says the removal did not adhere to the safety standards required to limit the production and spread of asbestos dust. In addition the asbestos was disposed of at a site that was not licensed to receive asbestos waste. Soon after the problems were discovered, several workers from Cardinal Environmental Services cleaned up the remaining asbestos at the removal site and at the landfill, at a cost of around $15,000. Subsequently the Ohio EPA notified city officials of its intentions to impose a fine, and gave the city 14 days in which to respond with payment or a negotiation request. East Liverpool will negotiate the fine at the May 28 meeting which has now been scheduled. Swoger says he doesn’t understand why the EPA has imposed the fine, because city officials didn’t try to hide the incident, the asbestos has been cleaned up, and Earl Taylor himself had already been fined $2,000. The EPA’s proposed fine of $30,000 will be split, with $24,000 going to the EPA and $6,000 to the Ohio EPA’s Clean Diesel School Bus fund. The fund helps cover the cost of retrofitting school buses with equipment to reduce diesel emissions. (Source: Asbestos and Mesothelioma News)

$3.9m asbestos verdict upheld after appeal

Eighteen months after winning a wrongful death verdict of $3.9 million, the family of Joseph Norris, a former Navy veteran who died of mesothelioma, have had the verdict upheld at appeal. Joseph Henson Norris was a gunner’s mate in the United States Navy between 1955 and 1957, during which time he was exposed to asbestos. He was diagnosed with mesothelioma almost fifty years later in April 2005, and died from the cancer just sixteen months later in August 2006. Norris worked aboard the navy ship the USS Bremerton, and was exposed to asbestos in asbestos-containing gaskets and packing materials that were used aboard the vessel. These had been produced by Crane Co., a manufacturer of industrial products and a line of asbestos-containing gaskets, which it sold between the 1920s and 1972. Asbestos was commonly used in construction and ship-building in the twentieth century, particularly between the 1940s and 1980s. Its fire-resistance, acid-resistance, strength and durability made it an ideal material to use for insulation and packing materials on board Navy vessels, and it was used very widely in Navy ships for several decades. During the trial, in which the Stamford, Connecticut-based Crane Co. was the principle defendant, the Norris family’s attorneys claimed that Crane Co. had continued to sell its asbestos-containing products long after it was aware that asbestos exposure was a serious health hazard. In addition, the plaintiff’s attorneys showed that Crane Co. manufactured and sold asbestos-containing products without warning users that asbestos was a dangerous substance, and that exposure could cause serious diseases. In addition to causing deadly cancersâ€"including mesothelioma and lung cancerâ€"asbestos exposure causes a chronic lung disease called asbestosis, and other types of lung damage. Mesothelioma is perhaps the most lethal of the asbestos-related diseases. This cancer is difficult to diagnose and treat, and is incurable. The lawsuit was somewhat unique for its time, in that Joseph Norris was exposed as a ‘bystander’ rather than as someone who worked with the asbestos-containing materials and products used aboard the USS Bremerton. Another aspect of the case that was somewhat unusual was that Crane Co. used asbestos components in its gaskets, but did not manufacture the components. The jurors who heard the evidence decided in favor of the Norris family on September 15, 2006, after more than five days of deliberation and approximately one month after the death of Joseph Henson Norris. However, the Crane Co. appealed the verdict, and it has taken almost two years for the case to finally be laid to rest. (Source: Asbestos and Mesothelioma News)

Illegal asbestos disposal inquiry in newport, va

Newport News, Virginia - The Virginia Department of Environmental Quality is investigating reports of a subcontractor or contractor who may have illegally dumped asbestos-contaminated construction debris at a Suffolk landfill. The construction project in question is a new $14 million Navy housing project in downtown Newport News. John Holland, owner of the Suffolk landfill known as John C. Holland Enterprises Inc., said that earlier this week, debris from the Navy construction site was quarantined and was undergoing testing for asbestos. The state allows the Holland landfill to accept and dispose of non-friable asbestos materials. These are materials that are largely intact, with asbestos fibers still contained within the matrix of the material. Friable asbestos is generally considered to be much more dangerous, as the material is deteriorating, can be crumbled easily, and can allow fibers to become airborne. Asbestos was heavily used in construction materials between the 1940s and 1980s, due to its light-weight, durable, and fire resistant nature. However, airborne asbestos fibers are highly dangerous. Inhalation of the fibers can cause serious lung diseases, including a type of asbestos cancer called mesothelioma. Due to the dangers of asbestos, any construction materials that contain the substance must be removed and disposed of carefully during renovation and demolition work. The asbestos materials must be removed via a process called wet-removal, in which the materials are wetted to reduce the dispersal of dust. In addition the materials must be sealed and wetted before disposal at a landfill that is licensed to deal with asbestos waste. Failure to comply with these regulations can result in heavy fines and in some cases, a prison sentence. Holland said he can not say whether the material that was disposed of at his landfill contains asbestos or is harmless. “There is a possibility [it contains asbestos]. It’s quarantined. For right now it’s not going anywhere.” State officials confirmed that John Holland had contacted the Virginia Beach office of the DEQ to inform the office of his suspicions about the potentially contaminated material. The DEQ then sent an inspector to the landfill to collect samples and quarantine the remaining materials. A sample that had previously been taken from siding at the construction site was tested by an environmental laboratory and was found to contain 15% asbestos. Of the material at the landfill, Bill Hayden, a DEQ spokesman, said “We are waiting for a copy of the lab results.” Holland says the test results are expected to be available some time next week. (Source: Asbestos and Mesothelioma News)

Texas woman files lawsuit after secondary asbestos exposure

Galveston, Texas - A woman from Galveston, Texas, claims that she developed mesothelioma as a result of secondary exposure, and has filed suit against the Marathon Petroleum Company and several other defendants, including the Todd Shipyards Corporation and the BASF Corporation. Cynthia Leigh Chason filed suit on May 8, 2008, claiming that her asbestos exposure occurred as a result of her father’s work on asbestos-containing products. The petition filed on May 8 states that “Ms. Chason was exposed to asbestos through household contact from her father, Loy Garner, who was employed by Marathon from 1969 through at least 1979. In addition, Ms. Chason was exposed through her father who also worked at Smith Douglass in Texas City from 1961 to 1969; and additionally he did some short-term contracting work in the 1970s for BASF in Freeport, Todd Shipyard in Galveston, and Monsanto in Texas City.” The suit claims that Cynthia Leigh Chason was “exposed to large quantities of asbestos” as a result of her father’s occupations, some of which involved handling asbestos-containing products, or working with or around asbestos-containing machinery. The suit also argues that the defendants in the case were aware that asbestos was a dangerous substance and that they failed to warn their employees that exposure to asbestos was a health hazard. In addition, claims the lawsuit, the defendants also failed to warn employees that asbestos fibers could be transported home and that other family members could be exposed to the fibers. Asbestos-related disease caused by secondary asbestos exposure is relatively rare. In most, if not all, cases of secondary exposure, the resulting diseases is mesothelioma rather than asbestosis, because the cancer can develop after relatively small amounts of asbestos exposure. Asbestosis usually develops after long-term or heavy exposure to airborne asbestos fibers. Secondary exposure to asbestos usually occurs in people who live with a family member who works with or around asbestos or asbestos-containing products. If the family member working with asbestos does not take the precautions needed to prevent their own exposure, they are able to expose the people they live with if they arrive home with asbestos fibers adhering to their clothing. Mesothelioma is a particularly devastating disease due to the aggressiveness of this type of cancer. The disease spreads quickly and is highly resistant to all current forms of treatment. Mesothelioma has a very high mortality rate, and around half those diagnosed with the disease will die within two or three years. The lawsuit states that litigation will continue even after Cynthia Leigh Chason dies. (Source: Asbestos and Mesothelioma News)

Manhattan institute proposes law reforms to prevent asbestosis scams

A new report from the Manhattan Institute’s Center for Legal Policy part of a series of reports called “Trial Lawyers, Inc.,” describes how some unscrupulous attorneys have turned to profiteering and “abusive litigation” involving asbestos. The Manhattan Institute’s report centers on the practice of using class action lawsuits to generate thousands of false asbestos claims. This practice, says the report, not only allows people to claim compensation falsely; it also means that people who are genuinely affected by asbestos-related diseases don’t get the compensation they need or deserve. The report proposes four law reforms that, it says, will “prevent the worst of [the] documented abuses.” First, the report says, medical criteria laws should be established, to prevent the practice of mass screening. The report points to an example of a law passed in Texas in 2005 as a good example of such a reform: “Texas legislation outlaws mass screenings, requires a certified medical report, and places mesothelioma and other malignant cases at the front of court dockets.” Second, states should prevent trial lawyers from “forum-shopping.” This refers to the practice of lawyers hunting down the states and court rooms that are most likely to look upon their cases favorably. A good example, says the report, are the laws established in Mississippi in 2004, where “a plaintiff could file a claim only in the county in which he resided, where the defendant corporation was headquartered, or where the injury actually occurred. In addition, Mississippi’s reform required that the rule apply to every plaintiff so that lawyers could not bundle claims together and ship them to a permissive county where only one of the plaintiffs resides.” Third, says the Manhattan Institute, states could adopt “joint-and-several” liability reforms that would solve the “solvent defendant” problem. This problem occurs when lawyers sue companies that are more or less unrelated to the manufacture of asbestos products. The report suggests that such companies should not be held “severally liable.” meaning they shouldn’t be held 100% responsible for asbestos-related damages in cases where they are not 100% responsible for a plaintiff’s injuries. Fourth, the practice of “double-dipping,” where plaintiffs can win compensation multiple times for related conditions, should be outlawed to prevent scams of the type that was uncovered in Texas in 2005. In that scam, plaintiffs were receiving compensation for both asbestosis and silicosis in separate lawsuits. The Manhattan Institute report also points out, however, that “judges, prosecutors, and even corporate defendants must be involved in defeating the asbestos litigation morass.” (Source: Asbestos and Mesothelioma News)

Epa waiting on asbestos plan before building demolition

Moline, Illinois â€" The owner of a former nurse’s dormitory is hoping to demolish and redevelop the site, but until the Environmental Protection Agency sees an asbestos remediation plan for the site, all work is halted. The EPA has now notified owner Mike Shamsie that it may refer the case to the Attorney General’s office. The former dormitory was scheduled for demolition last summerâ€"however the EPA received an anonymous complaint that improper demolition activities were being carried out on site. The subsequent site investigation located asbestos on the property. Following the discovering the EPA issued a violation notice, citing violations of the National Emission Standard for Hazardous Air Pollutants and the Illinois Environmental Protection Act, for improper handling, removal, and disposal of asbestos waste. The notice was issued on September 5, 2007. The EPA also requested that the development project hire a licensed contractor to design an asbestos removal plan that would provide details of handling, removal, and disposal of the asbestos on the site. However, more than six months later the EPA has still not received the plan. Lew Steinbrecher, a Moline city administrator, said that the EPA had issued a notice to begin legal action in Mid-March. The developer had thirty days to comply, and that time period has now expired, but Steinbrecher said he did not know what action would be taken. The EPA must now provide notice of its decision to refer the federal Clean Air Act and the Pollution Control Board violations to the Attorney General. The EPA still hopes to receive an asbestos removal plan, but the agency still has no plan, or even any information to suggest a contractor has been hired to create one. After a remediation plan has been lodged with the EPA, the agency must review it, and then accept the plan so work can begin. The city of Moline would like the asbestos removed as soon as possible, but would prefer it to be carried out cautiously. The EPA has also advised that the city proceed carefully in its involvement in the case, because of the possibility of further disturbance of the asbestos that the city might become financially responsible for. Steinbrecher said, “On the advice of the Illinois EPA, we have been very cautious in any enforcement actions on our part until it releases the property for demolition…If we order the property owner do certain things and those actions result in further disturbance of the asbestos, we could be financially responsible for the cleanup.” (Source: Asbestos and Mesothelioma News)

Appeals court upholds mpca emission standards

Silver Bay, Minnesota â€" The Minnesota Court of Appeals ruled this week that levels of asbestos-like fibers in the air at the Northshore Mining Company processing plant at Silver Bay will continue to be compared with fiber levels in St. Paul. The three-judge panel released the decision on Tuesday. Their decision is in agreement with the Minnesota Pollution Control Agency, which maintains that the standard is required for the protection of people who live and work near the Silver Bay taconite-processing plant. The emission standard is 34 years old, having been imposed in a federal court ruling in 1974. It has since been included in MPCA-issued operating permits for the Northshore Mining Company’s Silver Bay plant. A few years prior, the Reserve Mining Co. (now owned by Northshore Mining) had been ordered to stop dumping taconite waste rock into Lake Superior. At that time, scientists discovered that the waste rock being dumped into the lake contained particles and fibers that closely resembled asbestos. The emission standards were set up and enforced after the discovery of the asbestos-like substance, and a related ruling forced the Reserve Mining Co. to set up a new waste disposal site on land. According to the emissions ruling, the levels of asbestos-like fibers at the plant must be lower than samples of asbestos-like fibers in air samples taken at St. Paul. The Northshore Mining Company claimed that the standards are outdated and unnecessary. The court decision, however, says that “Northshore cannot point to an adequate substitute for the ‘control city’ standard that is now in effect. Thus, the standard is not obsolete and its elimination from the permit would be a major amendment.” The company could now petition the Minnesota Supreme Court, but a spokesperson for the company has said the company is undecided as to whether to take the matter further. “This was a procedural decision [which] in no way affects air quality in Silver Bay.” The spokesperson also noted that fiber levels at the Silver Bay plant have declined since the original 1974 ruling. MPCA records do in fact show that fiber levels have dropped from a high of more than 300,000 per cubic meter of air in 1975, to 16,737 by 1980. In recent years, however, levels at Silver Bay have remained around 16,000 while levels in St. Paul have dropped to less than 2,000. However, while the company was out of compliance with the requirement for several months in 2006 and 2007, it apparently is now back in compliance with the regulations, with fiber levels below those tested in St. Paul. (Source: Asbestos and Mesothelioma News)

Govt. prosecutors oppose w.r. grace appeal

Last month, lawyers for W.R. Grace & Company requested that the United States Supreme Court review the decision of an appellate court which had restored important charges to the government’s criminal case against the company. Government prosecutors are strenuously opposing the company’s request. In a brief submitted by government prosecutors on Friday May 23, the request was made to the high court to deny W.R. Grace & Company’s hearing request. If the prosecutors get their way, the way may finally be cleared for the trial-which has been delayed for almost two years-to begin. In its thirty pages, the brief says, “There”is a strong …need to prevent any additional, unnecessary delay of the trial. Some witnesses and many victims…are dying from mesothelioma, asbestosis, and other asbestos-related diseases. We cannot escape the fact that people are sick and dying as a result of this continuing exposure. As time passes, more witnesses will be unavailable to testify, and fewer victims will be able to attend the trial.” W.R. Grace & Company has requested that the high court review an order handed down by the 9th U.S. Circuit Court of Appeals. The appellate court overturned several decisions which were handed down by U.S. District Judge Donald Molloy of Missoula in August 2006. Molloy’s decisions effective brought the prosecution to a halt, and would have prevented the government prosecutors from charging W.R. Grace & Company with “knowing endangerment,” a violation of the federal Clean Air Act. The problem was, the “knowing endangerment” charge is at the center of the prosecution’s allegations that the company’s top executives knowingly and intentionally concealed the fact that the asbestos-contaminated vermiculite mined near Libby, Montana, was dangerous. A conviction of knowing endangerment carries with a prison sentence of up to fifteen years. Another of Molloy’s decisions which stymied prosecutors was the conclusion that “asbestos” should be defined not according to statutory definition, but according to a regulatory definition enacted by the EPA. Molloy also ruled that he would exclude any evidence which was not limited to the EPA definition, which is much narrower than the statutory definition. In September 2007, the 9th Circuit Court overturned Molloy’s decisions, thus reinstating the charges of knowing endangerment. W.R. Grace & Company appealed and asked that the appellate court hear its case a second time. The hearing was denied, and the company brought its appeal to the Supreme Court. W.R. Grace & Company attorneys are arguing on a technicality. They claim that when the Libby mine was in operation, the federal government did not regulate minerals which were specific to the asbestos contaminating the mine. The attorneys argue that this means the government cannot use the federal Clean Air Act to prosecute the company. W.R. Grace & Company’s petition claims that the government “is trying to convict defendants of violating the Clean Air Act by releasing substances that the government itself has excluded from the list of substances covered by the Act.” The Supreme Count now has to decide whether it will hear the case. If it declines to do so, the 9th Circuit Court rulings will stand, and the case itself may finally begin. If the Supreme Court decides to hear the case, the earliest it can do so is October, meaning many more months of delays will ensue. (Source: Asbestos and Mesothelioma News)

Osha fines united airlines more than $190k

The U.S. Department of Labor’s Occupational Safety and Health Administration has cited Chicago-based carrier United Airlines multiple times for “serious, willful, and repeat violations” of workplace safety laws. The proposed fines total $192,500. The OSHA has cited a total of 44 violations, all of which were discovered during the course of a November, 2007 inspection of United Airlines’ operations at O’Hare National Airport. These include 39 serious violations totaling $112,000 in fines, as well as one willful violation with a $70,000 fine attached, a repeat violation for $7,500, and three non-serious violations totaling $3,000. Among the 44 violations are a failure to carry out an asbestos survey in the facilities to determine the presence and quality of asbestos-containing materials, improper design of flammable liquid storage rooms and cabinets, inappropriately labeled containers of hazardous chemicals, and alleged failure to use or properly maintain respiratory equipment, and to have an administrator to oversee a respiratory safety program. Chicago OSHA Director Diane Turek said of the United Airlines violations, “These violations should not exist at any worksite. They are problems that can be avoided if an employer is dedicated to protecting employees. Employers must remain dedicated to keeping the workplace safe and healthful or face close scrutiny by this agency.” A United Airlines spokesperson has said in a statement on the violations and fines, “There is nothing more important than the safety of employees and customers, and United considers this assessment an opportunity to focus on strengthening key areas of workplace safety.” United Airlines says the company plans to meet with OSHA officials to discuss the findings of the inspection and discuss possible improvements that can be made to solve the problems that were discovered. Spokesperson Megan McCarthy said, “We will evaluate OSHA’s specific findings and will meet with OSHA to continue discussing the improvements we have made during and after the on-site assessment, which was completed in February.” United Airlines was selected by OSHA for the November inspection after a review of occupational injury and illness data, but the agency has not elaborated on the factors that contributed to its decision to carry out the inspection. This is the second set of violations for United Airlines this month: earlier in May the carrier was fined $215,500 by the OSHA for other federal safety and health violations. An OSHA spokesperson, Brad Mitchell, says that United Airlines will most likely pay less than the combined total of $408,000 in fines if the carrier can prove it has made progress in correcting the violations that were noted during the inspection. (Source: Asbestos and Mesothelioma News)

Scientology cruise ship to be cleaned of asbestos

Curacao, Netherlands Antilles â€" A team from the U.S. has arrived in The Netherlands to clean up the Scientology cruise ship, the MV Freewinds, which was found last week to contain large amounts of Crocidolite, otherwise known as blue asbestos. The arrival of the clean-up team was reported by Amigoe, the longest-running daily news publication in Aruba and the Netherlands Antilles. According to reports by the Amigoe, the ship, which is owned by the Church of Scientology under the name “’Majestic Cruise Lines,” is still docked, as it has been since last week. The Curacao Drydock Company was contracted to carry out refurbishment and repairs on the ship when it docked in the first week of May, however the company had to cease work due to the risk of asbestos exposure. Large amounts of Crocidolite were found to be present onboard the ship, and a statement from the vessel’s captain indicated that there has been more than one prior incident where asbestos was released into the ship’s onboard ventilation system. The release of asbestos in a ventilation system could potentially have resulted in asbestos exposure for everyone on board the cruise ship. Several officials, including deputy head of the Department of Labor Affairs Christiene van der Biezen and local health department head Tico Ras, inspected the ship and took samples from paneling that was found to contain significant amounts of blue asbestos. The Executive Council held a meeting and decided that informing the public would be the best way to avoid rumors and other problems. Online magazine Radar reported hearing from a Scientology spokesperson, who said that the ship hadn’t been sealed and was simply undergoing a planned overhaul. The spokesperson also said that the cruise ship was safe and had passed air quality tests on April 15 and April 28. Other reports claim that allegations about the presence of asbestos onboard the ship had been made several years ago. Some say that Lawrence Woodcraft, an architect and former Scientologist, had filed an affidavit claiming that he encountered blue asbestos on the ship in 1987â€"more than twenty years agoâ€"and had informed Scientology leaders at the time, but nothing had been done. According to the Amigoe newspaper reports, the cruise ship was supposed to release status reports last week, but did not do so. Several agencies have suggested that anyone who has ever spent time aboard the Freewinds cruise ship should consider seeing their doctor to determine if asbestos exposure has done any damage to their health. (Source: Asbestos and Mesothelioma News)

Csx may file new asbestos-related complaint

Railroad giant CSX is again trying to uncover instances of whit is believes is fraud perpetrated by asbestos lawyers who have filed large numbers of claims. CSX Corp. wants to file its Second Amended Complaint in federal court as part of its case against Pittsburgh law firm Peirce, Raimond & Coulter. The case is connected to that against Bridgeport doctor Ray Harron, who was accused of falsely diagnosing asbestos-related diseases in people who did not have them. CSX alleges that the falsely diagnosed people were then packaged with others in class action lawsuits with thousands of plaintiffs. CSX says that this method of filing meant the company was unable to properly investigate individual plaintiffs. The complaint says, “CSXT’s proposed Second Amended Complaint is based on the same fraudulent scheme described in the Amended Complaint and reasserts claims based on the same legal theories.” “Specifically, the proposed Second Amended Complaint alleges that Harron and the lawyer defendants fabricated and prosecuted objectively baseless asbestos claims against CSXT and seeks damages for injuries caused by 11 such claims.” One of those eleven claims was a case of ‘mistaken identity’ that occurred after CSX employee Ricky May learned that the Peirce, Raimond & Coulter was conducting an asbestos screening. May had tested negative for asbestosis in a previous screening. CSX alleges that a former employer, Robert Gilkison, had been hired by the law firm as a ‘runner,’ a person who was hired to convince former colleagues to initiate law suits against CSX. The company also alleged that Gilkison had suggested to May that he find someone who tested positive for asbestosis to impersonate him for the screening. CSX’s complaint on the case says, “Defendant Gilkison suggested to Mr. May that he should get someone who had previously tested positive for asbestosis to set for his exam and thus be eligible to file a claim against CSXT.” The railroad company then alleges that May enlisted CSX worker Danny Jayne, who had already been diagnosed with asbestosis, to pretend to be him for the exam. The suit also claims that Gilkison smoothed the process over, allowing May to complete the paperwork while Jayne completed the exam. The x-rays were then sent to Ray Harron, who diagnosed asbestosis. May received a settlement of $8,000 from CSX. CSX investigated the case and filed suit after a doctor verified that the x-rays taken of May and Jayne were in fact of the same person. After the company filed suit both men confessed to having taken part in the fraud. (Source: Asbestos and Mesothelioma News)

Santa cruz wildfires create asbestos risk

Santa Cruz, California â€" A Santa Cruz Mountains wildfire that has devastated forests of centuries-old redwoods and displaced hundreds of residents has also prompted asbestos warnings and health warnings due to the large amounts of smoke and ash generated by the fire. Strong winds of up to 45 miles per hour have caused the fire to spread over more than 3,800 acres in two counties. California Gov. Arnold Schwarzenegger declared a state of emergency in Santa Cruz County on Thursday after the fire began, and in Santa Clara County on Saturday. Around two thousand people have been evacuated from their homes since the fires began. Smoke from the fire has left a dusky haze over the San Francisco Bay Area which may linger past Memorial Day, and contaminants in the air may increase the danger for residents in Santa Cruz County and the Santa Clara Valley. Health officials have warned that residents with respiratory problems may suffer from asthma attacks, and that ash may cause nose, throat, and lung irritation, and fits of coughing. Officials have recommended that residents wear fitted dust masks, but warn that wearing the masks won’t provide completely prevent debris inhalation due to the very small size of some particulate contaminants. Officials have also issued warnings about ash that will be left behind as fires burn out. Residual ash may linger for several weeks, and may contain small amounts of skin irritants and carcinogenic chemicals. In addition, some residents may be exposed to ash containing asbestos, lead, and other synthetic materials. Because it is impossible to tell by sight alone whether ash contains asbestos, lead, or other toxins, all residents have been advised to limit their exposure to ash as much as possible, and to avoid any unnecessary exposure. Any items covered in ash should be washed or wiped before use, and long sleeves, gloves and pants should be worn whenever ash contact is a risk. In addition, any skin that is exposed to ash should be washed immediately, and home-grown produce should be washed before eating. Inside the home, resident should sweep to remove ash then mop or wipe-down surfaces to remove residual ash. However, health officials have asked that residents not wash ash into storm drains, and should instead dispose of ash in trash bags. Larger chunks of debris, say officials, should be removed from homes by professional crews. This is particularly important in any case where asbestos is involved, as asbestos-containing materials must be handled and disposed of carefully to prevent further exposure risks. (Source: Asbestos and Mesothelioma News)

Airborne asbestos found in burned boulder apartment complex

Boulder, Colorado - Residents of the Boulder apartment complex that burned in a fire early on Monday morning won’t be able to retrieve personal belongings for several more days. According to the Boulder Fire Department, the discovery of asbestos in the building means it’s too dangerous for them to enter. On Tuesday, authorities learned that the results of air samples taken from the burned apartment complex indicated high levels of airborne asbestos are present in the building. Boulder Fire Marshall Dave Lowrey says the results of the tests aren’t surprising, as a property manager at the scene told firefighting crews that he thought the building contained asbestos. Fire fighters quelled the blaze quickly-within around twenty minutes-but despite the small amount of damage done to the building, all the units had to be evacuated so that the air could be tested. During the decades of asbestos use in the twentieth century the substance was often used as a fire proofing and flame retardant material and was added to many different types of construction materials up until the mid 1980s. However, inhalation of asbestos fibers can cause various forms of asbestos cancer and other serious diseases, causing health and safety issues that prevent former residents of the Boulder complex from retrieving their possessions. The hazards of asbestos made it necessary for firefighters to protect themselves from exposure while fighting the blaze. During a fire, asbestos fibers can easily become airborne as they can be spread around by high-pressure water blasts. Fire Marshall Lowrey says that work crews will have to clean up the areas that are contaminated with asbestos, and run more air quality tests before the building can be considered safe enough to allow residents back inside. Initially only six units had been tested, but now that airborne asbestos has been discovered, all of the units must be checked for contamination. Lowrey says that officials hope that samples taken from the undamaged units will come back negative. Some tenants are concerned that they may never be able to retrieve their personal possessions if airborne asbestos is discovered in their apartments. However, Lowrey said most tenants will be able to retrieve all of their possessions, and tenants should eventually be able to return to their apartments permanently. The clean-up work is expected to take several days. Residents may be able to enter the building to retrieve their belongings as early as Friday May 16, as long as test results indicate that it’s safe for them to do so. (Source: Asbestos and Mesothelioma News)

Lawmakers pushing for dod to fund mesothelioma research

Twelve or more senators, accompanied by a XX grassroots lobby, are pushing for funds to be appropriated from the 2009 defense bill to be used for research on asbestos-related cancers such as mesothelioma. Supporters say that Department of Defense funding is appropriate because one thirdâ€"or moreâ€"of the people who have been diagnosed with mesothelioma have either been in the Navy or have worked in Navy shipyards. Mesothelioma is a devastating and highly lethal cancer caused only by asbestos exposure. Asbestos was used very widely in Navy ships constructed in or prior to World War II, meaning that Navy service men, and shipyard workers, were often exposed to enough asbestos to cause the development of mesothelioma or other asbestos-related diseases such as asbestosis. According to Mesothelioma Applied Research Foundation executive director Chris Hahn, more funding is needed because scientists who might have considered working in the field have been dissuaded because this type of research does not have a steady funding stream. According to Hahn, the mesothelioma research community would need around $29 million per year to make good progress in asbestos cancer research. The Mesothelioma Applied Research Foundation is one of the organizations behind a strong grassroots and legislative push to get more federal money backing research into treatment of asbestos-related cancers. However, Hahn says that more important than having money earmarked for mesothelioma research is that mesothelioma itself get listed as a priority on the Pentagon’s peer-reviewed medical research program. This, says Hahn, would allow researchers to compete for DOD research grants. The trouble is, Congress has a say in which diseases get on the priority list, as well as how much money is put towards the priority program. Congress appropriated $50 million for the program on the 2008 defense appropriations bill. Hahn says it’s unclear how much grant money would go towards asbestos cancer research, but noted that last year was the first time supporters achieved a legislative victory. It’s also unclear whether Congress will pass a new 2009 appropriations bill or approve to continue funding at the 2008 level. Last month, several senators wrote a letter to the chairman and ranking members of the Senate Appropriations Defense Panel, saying “Advancements in the early detection and treatment of this deadly cancer are greatly needed and the mesothelioma medical and research community is well-positioned to achieve this goal…Funding through the Department of Defense appropriations bill is an important demonstration of our nation’s commitment to addressing the tragedy of pleural mesothelioma and its disproportionate impact on those who serve our country.” (Source: Asbestos and Mesothelioma News)

Canadian studies say 1,500 mesothelioma deaths expected in next five years

VANCOUVER, British Columbia â€" A recent analysis by B.C. construction unions states that 300 workers will die of mesothelioma and other asbestos-related disease every year of the next five years. According to Wayne Peppard, executive director of the BC an Yukon â€" Building and Construction Trades Council, more than 1.500 construction workers will die of mesothelioma and other diseases related to asbestos exposure over the next five years. The statement by the Council is based on the preliminary statistics released by WorkSafeBC (formerly the Workcers’ Compensation Board) and research at the UBC School of Environmental Health. A doctor who has performed several successful mesothelioma operations and a professor of at the UBC School of Environmental Health agree with the analysis by the building trades union. Professor Paul Demers of the UBC School says that the conservative estimate is 65 to 70 mesothelioma cases and about 150 asbestos related lung cancers each year. In addition, Demers says, asbestos also causes asbestosis and other cancers, including laryngeal, colorectal and stomach, and misdiagnosed cases of mesothelioma. When all are totaled, he said, the most conservative estimate is that there will be 250 to 300 new mesothelioma and asbestos related diseases diagnosed each year. Most will eventually die from those diseases. He adds that the general trend is more cases each year, and that the trend is not expected to crest for at least ten years. In B.C., he says, he expects that the rate will not be lower for at least five years. Wayne Laxton of the BC Heat and Frost Insulators and Allied Workers, Local 118 said that workers in the insulation industry have been heavily exposed. He urges widows of deceased union members to demand an autopsy because it’s the only way to know for sure whether a death was caused by mesothelioma or another asbestos related disease. Laxton says that there are thousands of British Columbians who have asbestos fibers in their lungs and don’t know they’ve been exposed to asbestos. Peppard says that not all mesothelioma fatailities are recorded in the WorkSafeBC statistics because they only register and track their own accepted cases. The new research, he says, shows that we can expect at least 300 asbestos related deaths this year and each year for the next five years. Peppard called for the Canadian and Quebec governments to stop the production and use of asbestos. He says that the new statistics prove that asbestos is simply too dangerous a substance to be used and it’s long past time that the governments stopped its production and use. (Source: Asbestos and Mesothelioma News)

Epa gives the go-ahead for smelter works asbestos abatement

Ripley, Michigan â€" Franklin Township has owned the Quincy Smelter Works for around eight years, and has finally been given the signal on a plan to remove asbestos from the site. The Environmental Protection Agency has agreed to manage and fund the project, which will remove asbestos and toxic heavy metals from the Quincy Smelter Works located on M-26 in Ripley. Franklin Township had acquired the site in 1999, after the then-owner Quincy Development Corp was unable to fulfill its financial obligations regarding the site. Following the acquisition the township had planned to lease the site to the Keweenaw National Historical Park. The historical organization is interested in the Quincy Smelter Works because the site represents an important part of Franklin Township’s copper mining history. However, Franklin Township Supervisor Glenn Ekdahl said that after an inspection of the site in 2002, the EPA had determined that the issue of asbestos and heavy metals that were present on the east side of the site would have to be resolved before any on-site development could be carried out. The site is contaminated not only with asbestos, but also with heavy metals such as arsenic, which were used in the mining and smelting processes carried out at the Smelter Works. Both asbestos and heavy metals present on the site must be removed before any further redevelopment can take place. According to the EPA and Glenn Ekdahl, there are further issued that must be addressed during the remediation project. It is expected that the dilapidated state of some of the buildings on-site will present a challenge. Many of the buildings will require stabilization before asbestos can be removed. Another issue is that of erosion: the EPA, in conjunction with Michigan Technological University, is developing a plan that will help protect the property from erosion from nearby Mont Ripley. Yet another issue must be taken into account: because the Quincy Smelter Works is destined to be a historic site, care must be taken to preserve historic buildings. Park landscape architect Steve DeLong will oversee asbestos removal to ensure that historically relevant aspects of the site are preserved. Work on the Quincy Smelter Works remediation project is slated to begin in the spring, and is expected to cost several hundred thousand dollars. The EPA had previously estimated the cost as around $400,000, in 2004, but expects that figure will have increased. Residents of Ripley and Franklin Township are excited by the clean-up plans, which will make the Quincy Smelter Works a potentially economically viable site and help preserve some important local history. (Source: Asbestos and Mesothelioma News)

Libby looks for new school after asbestos scare at elementary school

LIBBY, Montana â€" Parents attended a special school meeting Monday afternoon after an asbestos leak was repaired at the Asa Wood Elementary School last week. Children at recess had discovered the hole in the outer wall, and alerted teachers. Inspection revealed that vermiculite spilling from the hole contains asbestos. The school system and the U.S. Environmental Protection Agency were right on top of things. The hole was repaired and the asbestos cleaned up quickly after the school reported the problem. However, many of the parents at the school department meeting were concerned that another asbestos exposure incident could happen. Libby schools have been an area of concern before. Early on in the Libby cleanup process, workers dug up the athletic track at Libby High School and the community skating rink at the Plummer School because both contained asbestos, and the EPA had planned on doing follow-up air quality tests in the Libby schools this year. Libby, site of the old W.R. Grace & Co. vermiculite mine, is one of the EPA’s cleanup sites. The mine was contaminated with asbestos, and operations there blasted tons of asbestos fibers into the air. In the years since the mine operations halted, over 1,200 people from Libby have been diagnosed with asbestos related illnesses. While the EPA’s cleanup teams removed the track and the rink, they had not removed asbestos from inside the school structures. Now parents are wondering about the possibility of building at least one new school. School superintendent Kirby Maki stated that the vermiculite in the walls is not the only issue with the schools. The ‘baby boom’ in Libby has made it clear that the town has a need for more school space. The Asa Wood school, for instance, was designed as a junior high, and not for younger students. However, the size of the incoming classes made it necessary for the town to move fourth graders to the middle school. Maki encouraged parents to form a committee to investigate the need for a new school facility. He said that it would be best to do construction while the EPA is still in town. There are other schools already looking to expand in the area. Whitefish High School is looking to raise a $21.5 million bond for their school, and in Bigfork, voters will decide whether to approve an $11 million bond request for school construction. Among the options the parents will explore is whether or not W.R. Grace or the government might be a source of funding for replacing the old asbestos-tainted school. (Source: Asbestos and Mesothelioma News)