US Court of Appeals Rules on Minnesota Asbestos Standards

The Eighth Court of Appeals has issued a ruling on a case regarding the North Shore Mining Company and the standards for asbestos exposure levels in the state of Minnesota. The case centers on a measure known as the "control city standard". This standard calls for atmospheric fiber levels at the North Shore Mining facility in the town of Silver Bay to be no higher than those measured in "control city". St. Paul, the state capital, is the control city against which such measurements are taken in Minnesota.

The court's ruling dictates that, while the control city standard will still apply for any permit requirements for the facility, it will not be part of any injunction issued by the federal government. In short, the court ruled that state pollution standards are an issue for the states, not for federal authorities, while keeping the current standard intact.

The state agency responsible for environmental issues has called for testing the air quality around the state's taconite mines before issuing permits. The state also wants firms to use the best technology available for testing and potential remediation on such sites to keep the measures of airborne asbestos at or below the control city level. The control city standard came about due to a federal ruling made in 1974. Recently, that ruling has been dismissed, which prompted attorneys for North Shore to move that the control city standard be disregarded as a criterion for permits.

No definitive statements have been made to see if North Shore has either the legal grounds or the inclination to plead their case before the U.S. Supreme Court. Officials with both North Shore and their parent firm have stated on numerous occasions that the fibers freed from the raw ore in the process of making the taconite pellets are not related to asbestos and do not pose a menace to the health of the surrounding population.

Fibers similar to asbestos have been detected in the air around the north shore of Lake Superior for several decades. Another federal court ruling prohibited the company, then known as Reserve Mining, from dumping waste rock into the lake. Previous studies had shown that a high concentration of taconite fibers in water could lead to health problems. In response, the firm began dumping its waste rock into landfills.

An investigation into cancer diagnoses in the area has uncovered a remarkably high incidence rate of lung cancer, mesothelioma and other lung disorders in that portion of the state. Researchers from the University of Minnesota School of Medicine are conducting a study on miners in the Iron Range area to determine why a high percentage of workers in the area's taconite plants have developed these diseases.

Chuck Laszewski, a spokesman for the environmental group Minnesota Center for Environmental Advocacy, stated that he favored the court's ruling. Although he was disappointed that the grounds for the federal standard were dismissed, Mr. Laszweski was pleased that the effect of keeping the control city standard was still in place, even if the implementation was to be at the state level.

Sources: Duluth News Tribune, WDIO

New Castle, Del. Church School Tagged for Improper Asbestos Removal

Century-old St. Peter the Apostle Catholic Church has been charged for violating seven statutes instituted by the Delaware Department of Natural Resources and Environmental Control, or DNREC, regarding asbestos removal.

During the summer of 2009, asbestos was removed from St. Peter's parochial elementary school by volunteers rather than by a DNREC-mandated certified asbestos remediation and removal contractor.

The charges, all relating to unlawful removal of asbestos by uncertified workers, and disposal of hazardous solid waste in a manner not approved by DNREC, date to August 25.

The elementary school, located at 521 Harmony St., was built in 1960 to serve students from kindergarten through Grade 8 and currently offers a full curriculum, as well as a modern library, food service program, an extended care program for latchkey kids, and a gymnasium built in the 1950s. Current enrollment is 240, with about 25 students at each grade level. St. Peter's also supports a middle school for Grades 6 through 8, but a former high school was closed in 1970.

The illegal asbestos removal occurred on or about August 17, in the school's cafeteria and gymnasium, according to DNREC head of Environmental Crimes Unit William P. McDaniel. The complaint about the illegal asbestos removal wasn't received until about August 24, however. The complaint presumably from one of the staff arriving early in preparation for the 2009-2010 school year, and a DNREC inspection occurred the next day.

DNREC lodged seven individual charges against the church in a local Justice of the Peace Court. They are: three counts of asbestos removal by an uncertified worker; one count of non-DNREC-approved hazardous waste disposal; one count of failing to seal off a work area to prevent asbestos fibers from become airborne and dispersed; one count of leaving a visible residue of asbestos at the end of the removal; and one count of failing to maintain asbestos disposal records.

Asbestos isn't dangerous if undisturbed. Once removed and broken, however, as was the case with cafeteria and gymnasium floor tiles, the fibers can be ingested or inhaled and lead to such illnesses as asbestosis, lung and digestive system cancers, and mesothelioma.

Asbestosis, a respiratory ailment, is usually the result of long-term asbestos exposure. Mesothelioma, on the other hand, can be contracted during a single asbestos exposure, and - after lying dormant for decades - become so pervasive that most patients diagnosed with this form of cancer are seldom given more than a year or 18 months to live. In fact, the Centers for Disease Control (or CDC), the U.S. Department of Labor's Occupational Safety and Health Administration (or OSHA), and the American Cancer Society all agree that there is no safe, minimum asbestos exposure level; an hour or a lifetime can trigger mesothelioma.

Under U.S. Environmental Protection Agency Asbestos Hazard Emergency Response Act (AHERA) regulations, adapted by various state environmental agencies, all schools in the United States - whether public, private or parochial - are required to create, maintain and disseminate an asbestos reporting, monitoring and mitigation plan, via a designated liaison, which insures that initial and timely asbestos inspections (and mitigations) are performed by a licensed individual or firm; that parents and staff are notified of both the plan (on a regular basis) and of asbestos "events"; and that maintenance personnel are trained in asbestos recognition and safe handling.

Apparently, the impetuous volunteers who undertook to remove the tiles were either not aware of said plan, or did not understand the ramifications. Parents who learned of the removal after the fact were reportedly quite upset that the job was allowed to take place without notification - in fact, without church official's knowledge. In fact, one parent, a supervisor for a union-approved asbestos remediation crew, said he was appalled at the lack of communication that allowed such a thing to happen, and at how poorly the removal was handled.

Nothing has been said about air quality tests to determine if asbestos contamination has occurred, but DNREC regulations will likely mandate them.

Sources: DelawareOnline.com. St. Peter the Apostle Catholic Church website, Delaware Dept of Natural Resources and Environmental Control

May Whitney Elementary in Lake Zurich Suffers Ongoing Asbestos Concerns

In August of 2007, storms and flooding in Lake Zurich, Illinois led to the closure of May Whitney Elementary School at 120 North Church St. after crews found evidence of post-storm asbestos and mold contaminating the building.

After considering the costs and the health threat represented by the contamination, Whitney school officials decided not merely to delay the start of school, but to move the 440 Whitney students next door for the entire school year.

This building, at 100 Church Street, is connected to Whitney school by a hallway. Constructed in 1929 as Lake Zurich High School and later repurposed as Middle School North, the building is fully as old and in need of repair as Whitney. Used for storage before Whitney students moved in, it allowed lengthy renovations to Whitney itself, but presented some of the same risks as post-flood Whitney.

Whitney has since reportedly been rendered safe, but tests conducted over the summer of 2008 showed the persistent presence of asbestos and lead, and skeptical parents - remembering the mold horror of a year earlier, when many of the students reported diffuse illnesses - remain uncertain if the building is truly safe for their children.

Arguments by Wheaton-based AR Remediation Corporation's spokeswoman, Kathleen Wahl, that the presence of a compound does not indicate a hazard, have failed to reassure, as have remarks by Community Unit School District 95 architectural consultant Fred Schuster, who insists that the building is in good, safe and sound condition, though Schuster has acknowledged the continuing presence of asbestos in mechanical rooms, floor tiles and some bricks.

A reported leak on August 28 of this year, between the repaired section of the roof and the old roof, was also said to pose no apparent threat, either in terms of asbestos or lead, and the problem was finally addressed on August 31 when it stopped raining.

But it is the presence of these persistent leaks - seven documented in the 2008-09 school year alone - that have parents concerned as they consider the effect of such leaks in areas that are inaccessible to asbestos inspection; that is, where district officials consider asbestos to be in effect "out of harm's way" even if damaged by water.

There are 22 such areas, according to the most recent inspection, most of them above ceilings or behind walls. According to District 95 Director of Facilities Richard Marzec, the potential for the aforementioned leaks to release asbestos into the air is "extremely small".

Though most experts agree asbestos isn't dangerous unless tampered with, the U.S. Centers for Disease Control (CDC), The U.S. Dept. of Labor's Occupational Health and Safety Administration (OSHA), and the American Cancer Society all agree that there is no minimum safe level of asbestos exposure; a single incident or a lifetime can lead to mesothelioma, a particularly lethal form of cancer.

The twice-yearly inspections at Whitney are part of a plan mandated by the Illinois Department of Health; said plan based on the U.S. Environmental Protection Agency's Asbestos Hazard Emergency Response Act (AHERA) guidelines. These guidelines direct all U.S. schools to prepare a report of asbestos locations within the school; disseminate the report - and all planned or active asbestos remediation activities - to parents, teachers and school staff on a regular basis; hire licensed, qualified asbestos remediation experts to prepare plans, perform inspections and undertake remedial actions; and instruct maintenance staff on the recognition of, and appropriate handling of, asbestos.

While parents worry at the start of another Whitney Elementary School year, District 95 officials face the prospect of about $45 million in needed upgrades, a budget crisis made worse by falling property tax revenues in the wake of the housing bubble and widespread foreclosures, and a recession that is predicted to linger well into 2010.

As one district official has pointed out, the process of making district schools safe for students is a case of "Band-Aid fixes" rather than major repairs. The statement, though an accurate assessment of the district's budget capabilities, is nonetheless far from reassuring to parents who watch their young children go off to school in a nearly century-old building known to contain asbestos.

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Getting checked out and treated for asbestos diseases

Asbestos cancer, mesothelioma, and asbestosis can lie dormant for decades before symptoms start to show. Doctors who suspect mesothelioma will ask about your exposure to asbestos, and most people find this difficult to remember, especially if it happened decades ago. Check out our list of Naval Vessels for places where you might have been exposed, as well as our list of shipyards and asbestos-containing materials used by the military. If you worked with any of these materials or in any of these locations, be sure to tell your doctor during examinations. Early Detection is the best defense against asbestos diseases.

If you’ve been diagnosed with mesothelioma, our site has extensive information on treatment. Contact us if you need help finding a doctor or medical center that can handle this form of cancer.

The VHA has designated Comprehensive Cancer Centers throughout the country. These are large hospitals with experienced oncologists and nursing staffs. The VA also has established, at a community level, outpatient clinics that provide medical care for eligible veterans. Click here for a list of outpatient clinics by state.