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Is the EPA Making Asbestos Great Again?

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Is the EPA allowing asbestos again? Maybe. But there’s still time to act. The proposed EPA rule that is at the center of this firestorm is available for public comment until August 10.

Before we get to the current controversy, let’s review how we got here.

There’s Never Been an Asbestos Ban?

The undisputed recognition of asbestos as a killer lead OSHA to regulate asbestos in 1972. Millions of American lives were at stake. OSHA regulation made a real impact and saved lives by limiting asbestos exposure in the work place. In turn, many asbestos containing products could no longer be used in a way that complied with OSHA regulations. So, a steep decline in the manufacture of asbestos products ensued.

In 1989, the EPA followed up with what was to be the final blow – a complete ban on asbestos under the Toxic Substances Control Act (TSCA). Weaknesses in TSCA, however, led to an appellate court overturning the ban. So, while Europe banned asbestos in the mid 1990s, there’s never been an outright ban on the use of asbestos in the United States. We’ve had restrictions on the deadly fiber, but no complete ban.

A New Hope

Finally, in 2016, a bipartisan effort in Congress led to a reformed TSCA giving the EPA new tools to review thousands of chemicals. Asbestos, the EPA announced in the closing days of the Obama administration, was one of the first ten chemicals to be reviewed under the new TSCA. Just two years ago, the scientific community widely believed an asbestos ban in the United States was finally in sight.

EPA Under Trump Administration

TSCA, however, requires a three year review period. Thus, the majority of the TSCA asbestos review is now happening under President Trump’s EPA. And that’s where things have taken an unexpected turn. The EPA’s approach involves a three-fold problem.

First, on June 1st, the EPA announced a “Significant New Use Rule” (SNUR) – a proposed framework that will create opportunities for “new uses” of asbestos. The EPA insists it took unprecedented action by requiring EPA approval before manufacturers can import or use asbestos in the manufacture of products. But when there is no safe level of exposure to asbestos, why create a system in which the EPA can now approve new uses of this deadly fiber? Banning asbestos would be unprecedented action – not creating a system to actually approve of new asbestos use.

Second, in May 2018, the EPA published a “Problem Formulation of the Risk Evaluation for Asbestos.” The document lays out the EPA’s planned approach for evaluating new uses of asbestos and what to consider as part of the three year TSCA asbestos review. The problem with the Problem Formulation: the EPA won’t consider pre-existing information on the health consequences of legacy uses of asbestos, such as building materials that remain in place across America. Instead, the agency will focus on “new uses for manufacture, processing or distribution is intended, known to be occurring, or reasonably foreseen.”

This will severely limit the types of exposures the EPA will include in formulating the risk of new asbestos uses. As a result – the EPA most likely will find lower levels of risk and will likely impose fewer restrictions.

Finally, the EPA recently proposed a “scientific transparency” rule which sounds great, but would prohibit the agency from considering most large scale, peer-reviewed medical research concerning the health consequences of the substances we breathe, eat and drink.

Combine all of these issues and it’s clear the EPA under the Trump administration has no plans to ban asbestos. In fact, if the SNUR rule takes effect, the EPA will have a framework to approve new asbestos uses. Existing OSHA regulations and the specter of asbestos legal liabilities will probably prevent very many new uses of asbestos from becoming a reality, but there shouldn’t be any.

The EPA’s mission is to protect human health and the environment. The proposed asbestos SNUR does neither. A U.S. ban on asbestos would.

An even broader question: if the EPA is taking such tepid measures with an undisputed human carcinogen like asbestos, what will the agency do with the thousands of lesser known chemicals still to be reviewed?

New Orleans Workers at the W.R. Grace Vermiculite Exfoliation Plant Were Exposed to Asbestos

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New Orleans workers at the W.R. Grace vermiculite exfoliation plant were exposed to asbestos from 1965 to 1989. The facility is located in Jefferson Parish on River Road. During this time, the plant received 148,000 tons of asbestos-contaminated vermiculite from the Libby, Montana mine, also owned by W.R. Grace.

Libby, Montana

The vermiculite mine in Libby operated from the early 1920s until 1990, producing over 70% of vermiculite sold in the U.S. Though vermiculite is a naturally occurring mineral – in appearance, much like mica with multiple shiny layers – it was contaminated with asbestos in the Libby mine. W.R. Grace both mined and processed the ore and then shipped to locations all over the United States, including Louisiana.

The dangers of asbestos contaminated vermiculite

Inhalation is the primary means of exposure to asbestos. As tons of vermiculite were shipped to a location, processed, and shipped out to other locations, the ore released asbestos fibers into the air. These could also be released during the mining, milling, and exfoliation operations. Though workers were the most susceptible to exposure, people in nearby offices and residences could also be exposure, as well as their family members. In the case of W.R. Grace in New Orleans, there is a residential area a few hundred feet northeast of the site.

A report from the U.S. Department of Health and Human Services states, “Some studies suggest that populations who live near asbestos mines and mills have experienced excess asbestos-related diseases, specifically mesothelioma.”

Workers at the W.R. Grace vermiculite exfoliation plant were exposed to asbestos

The W.R. Grace plant was an exfoliation facility. That process required vermiculite to be heated to high temperatures. The water contained in the mineral converted to steam and then separated the mineral into its layers, expanding the vermiculite into small worm-shaped pieces. By doing this, its bulk volume was expanded, or “popped,” and the mineral became a commercially valuable product – primarily for attic insulation, concrete aggregate, masonry insulation, horticultural soil conditioner, and a spray-applied fireproofing. But, in this process, asbestos was released and made available for human exposure.

There was a population of 5,047 within one mile of the facility in 1989, the time production ceased. Jefferson Parish still ranks 19th among all U.S. counties in deaths from mesothelioma.

W.R. Grace reported that at the time operations ceased, a remediation was conducted at the site including vacuum and water rinse of equipment, walls, and floors, and removal of equipment.

What to do if you think you were exposed

Diseases from asbestos exposure, such as mesothelioma, can take up to 50 years before symptoms appear. It has only been 30 years since Libby vermiculite processing ceased. If you think you were exposed, the first precaution would be to stop smoking as that can aggravate any potential lung disease. It would also be prudent to let your doctor know the timeframe and degree of exposure you experienced and have regular checkups.

Exposure from working with a product containing asbestos, such as Libby vermiculite, dramatically increases the risk of disease. The sad truth is that those exposed to vermiculite had no idea they were inhaling fibers that would potentially shorten their lives.

The First Step to Revive the Cabana Motor Hotel: Asbestos Abatement

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revive the cabana motor hotelThe sixties-styled building along Stemmons Freeway has a long and varied history, but the first step to revive the Cabana Motor Hotel was demolition and that meant asbestos abatement for this 1960s structure.

The beginning

Designed by Melvin Grossman, construction began in 1961 and opened in 1963. The hotel had a modern design new to Dallas and the interior projected an ancient Roman theme throughout. A replica of Michelangel’s David as well as Venus de Milo and Winged Victory adorned the lobby. Intricate tiles and marble added to the luxurious furnishings for the time period. The hotel was 10 stories tall with a grand staircase and a wide array of amenities.

The developer was Jay Samo who had previously build two other Cabana Hotels, but the Dallas one was his most opulent. He went on to develop Caesar’s Palace and Circus Circus in Las Vegas.

Marty Melcher, Doris Day’s husband at the time, invested her money in the project. The Teamsters were also investors under the direction of Jimmy Hoffa.

Glory years: The Beatles and the Cabana

For long-time Dallasites, the Cabana Hotel was known as the “hotel where the Beatle stayed” in September of 1964. It was a place for celebrities in its early years including, Jimi Hendrix, Led Zeppelin, and Jimmy Hoffa. Raquel Welch was employed there as a waitress in the lounge. As a waitress, she would have been called a “goddess” and worn a short toga. Many top names in show business performed at the hotel in rooms such as the Bon Vivant Club and Nero’s Nook cocktail lounge.

The dream soon ends

Just six years after opening, the hotel was sold to the Hyatt House and renamed the Hyatt House Hotel. Then seven years later, Hyatt sold it to Holders Capital Corporation and it was renamed DuPont Plaza. The most shocking development came in 1984 – just over 20 years from its opening as a grand hotel –when it was purchased by Dallas County and turned into a minimum security jail.

Almost thirty years later it was sold again; this time to Lincoln Properties with plans to demolish the building and replace it with a data center. That never happened and it was on the market again in 2016 and purchased by Circa Capital Corporation. Finally, the hotel was once again valued for its unique design and history, but was passed again to Centurion American Development Group – a firm that recently completed restoration of the Dallas downtown Statler Hilton.

Demolition began with removal of asbestos throughout the building. Asbestos was used extensively for construction in the 1960s, but is a dangerous, and sometimes fatal, health problem when disturbed. When fibers are released into the air, they are easily inhaled and can cause lung cancer, asbestosis, and mesothelioma – a fatal disease.

The company is retaining historic elements that remain, but as the CEO of Centurion American, Mehrdad Moayedi said, “We are demoing stuff that is not historic. There were holding tanks and bars between the balconies and rooms.” The lobby and ballroom were converted from the original two-story design to separate floors during the prison phase. The pool was filled in and interior finishes were removed. The final plan calls for converting the hotel to 262 new rooms plus restaurants. In addition, the plan includes a 140,000 square foot apartment tower on top of the hotel’s garage.

Next steps to revive the Cabana Motor Hotel

At present, a historic plan from the developer is in Austin to be approved. In 2015, Preservation Dallas named the building as endangered to assist in saving the old hotel with its mid-century architecture. These historic designations are important for acquiring special financing for historic structures.

If all plans proceed as expected, construction will begin in 2019.

Photo from the Texas History Collection, provided by Dallas Heritage Village to the Portal to Texas History

Health Risks from Baby Powder Use

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Johnson & Johnson, along with other companies, were handed a jury verdict for failing to warn consumers about possible health risks from baby powder use. The plaintiffs, a couple who alleged the wife’s pleural mesothelioma was contracted from baby powder use, were awarded $25.75 million by a California jury. As a frequent bowler, the plaintiff used the powder for years on her hands and in her shoes. She also was exposed to asbestos while watching her husband work on his car.

Mesothelioma is a deadly cancer almost always caused by exposure to asbestos.

Mining of talc

Talc and various forms of asbestos are often co-located, making the mining of talc without including asbestos in the final product, a difficult task. A study published in the “International Journal of Occupational and Environmental Health,” October, 2014 showed asbestos fibers in the cosmetic talc samples tested. The types found were in various combinations of asbestiform anthophyllite, asbestiform tremolite, and chrysotile fibers. One specific, and unnamed, brand of cosmetic talcum powder was used in all tests.

“Our findings indicate that historic talcum powder exposure is a causative factor in the development of mesotheliomas and possibly lung cancers in women.”

Johnson & Johnson’s defense

The Johnson & Johnson company continues to assert that their products do not contain asbestos and will continue to fight in court.

Carol Goodrich, spokeswoman for Johnson & Johnson said, “We are disappointed with the verdict and we will begin the appeals process. We will continue to defend the safety of our product because it does not contain asbestos or cause mesothelioma. Over the past 50 years, multiple independent, non-litigation driven scientific evaluations have been conducted by respected academic institutions and government bodies, including the U.S. Food and Drug Administration, and none have found that the talc in Johnson’s Baby Powder contains asbestos.”

Plaintiff’s response

David Greenstone, an attorney for the plaintiff stated, “We are extremely pleased that our clients have found a measure of justice, although nothing can truly compensate them for what they have lost. Our clients are hopeful that this verdict can further bring light to this unbelievable example of corporate misconduct.” Johnson & Johnson Baby Powder “has contained asbestos for decades. People need to know about this.”

Health risks from baby powder and other talc-based products

Lobbyists and employees of companies mining or using talc in their products continue to promote the safety of their products to both the government and consumers.  However, talc may be present not only in talcum powder, but in eye shadow, blush, foundation, and many other cosmetic products to this day.

For safety’s sake, look for products marked talc free because according to the Occupational Safety and Health Administration (OSHA), “There is no ‘safe’ level of asbestos exposure for any type of asbestos fiber. Asbestos exposures as short in duration as a few days have caused mesothelioma in humans.”

DIY and Asbestos

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It’s that time of year when thoughts of renovating your older home come to mind, but DIY and asbestos exposure are a real consideration before you begin.
Asbestos was a part of the construction in almost all buildings in the 1940s to early 1980s. It was readily available, fire retardant, easily molded into various shapes or configured for a wide variety of uses. It can be found in tiles, linoleum, texturing, paints, insulation, sound absorption products, ceiling treatments, in water heater closets, and shingles. If undisturbed, it may do no harm. But, once renovation begins and the fibers are let loose into the air, they can be inhaled to cause a variety of diseases. These include asbestosis, lung cancer, and the deadly mesothelioma.

DIY and asbestos – how to begin a renovation

If this structure was built, or renovated, in the 1940s to 1980s, and there is any suspicion that the area could contain asbestos, spend the time and money to get it examined by a certified asbestos abatement contractor.

This is extremely important, as asbestos inhalation can be fatal – not only to the workers on the project, but those who will live or work in the home. These microscopic fibers, once freed, can penetrate air ducts, land on furniture and carpets, and circulate in the air indefinitely.

If asbestos is found, abatement by professionals is the only safe way to proceed. There are contractors that will work on a house with potential asbestos and not even wear masks. It’s possible that even though there has been a great deal of publicity about the dangers, that they don’t understand the dangers or think they are exaggerated. In either case, it’s important that you hire professionals who are aware of the possible hazards. The non-professional may save you money, but remember the health of you and your family – even the possibility of death – is at stake.

Asbestos effects

Asbestos is classified as a known human carcinogen by the U.S. Department of Health and Human Services. Mesothelioma is the most common cancer associated with asbestos exposure. It is a fatal disease almost always started by the effects of asbestos inhalation. It can take up to 50 years for it to present itself in a diagnosis. Once diagnosed, the life remaining for the patient is short except for a few rare exceptions.

Renovations or clean up after a disaster, such as hurricanes and tornadoes, are not the only way to be exposed to asbestos. First responders, people in close contact with those who are exposed, miners, automobile workers, and others may also contract diseases due to these hazardous fibers.

There is no “safe” level of exposure to any type of asbestos!

Though the risks may seem small in proportion to the number of asbestos-related cases reported, it is not worth the consequences of the gamble. Hire an abatement professional and be safe.