Asbestos News Roundup: 5.6.11

May 6th, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

Jefferson County, TX: Leroy Brown, from Jefferson County, has filed an asbestos suit naming 23 companies as defendants. In his suit, Brown alleges that during his working life he was regularly in contact with a variety of asbestos-containing products manufactured by these companies, and as a result he has developed a malignant asbestos-related disease. Leroy Brown’s wife, Marjorie Brown, is also a plaintiff.

According to his complaint, Brown maintains he was exposed to the asbestos products during his career as a laborer, helper, iron worker, boilermaker and supervisor at Texaco from October 1969 until his retirement in 2007. He and his wife further allege the defendant companies caused Brown’s disease because they failed to adequately test their products and failed to warn of the dangers of asbestos exposure.

The defending companies named in the complaint are: Able Supply Co., AMF, B&B Engineering and Supply Co., Chevron, Cleaver Brooks, Crown Cork and Seal Co., Deltak, Flint Hills Resources, Flint Hills Resources LLC, Foster Wheeler Energy Corp., Guardline Inc., Huntsman LLC, Huntsman Petrochemical Corp., Koch Industries, Met Life Group, Minnesota Mining and Manufacturing Co., Motiva Co., Motiva Enterprises, Riley Power, Texaco, Triplex, Weil-McClain Boilers and Zurn Industries. (SETexasrecord.com)

Asbestos Settlements

Buffalo, NY: A retired Buffalo City police officer could receive a settlement of $1.7 million from the city as compensation for his medical condition—he is suffering from a rare type of asbestos-related cancer.

This settlement, if finalized, would not only be the largest personal injury claim against the city in recent years, but could represent the tip of the iceberg in terms of asbestos-related lawsuits and settlements against the city.

“With the age of the buildings in the municipality and the potential exposure to these types of materials, it’s reasonable to expect that there will be other claims,” interim Corporation Counsel David Rodriguez told the Buffalo News. He reportedly told lawmakers “active progress” is being made to address asbestos concerns in various city-owned buildings.

Rieman is only 44 years old. He joined the police force in 1994. In 2008, he was diagnosed with malignant primary peritoneal mesothelioma and underwent extensive surgeries to treat the disease. He was later granted a disability retirement by the state.

Rieman alleges that he developed cancer by inhaling asbestos fibers through the course of his employment in one or more city-owned buildings. While no one involved in the case would discuss details, Council was told of an incident that occurred 15 years ago in the Theater Station. Some ceiling tiles fell in the building and subsequently fans were turned on that may have caused asbestos particles to circulate. Rieman was on duty in the building when the incident happened.

During the course of his career, Reiman was stationed at the former precinct station house on Bailey Avenue, the old Theater Station that was located in a former Greyhound Bus station on Main Street and in Police Headquarters on Franklin Street, all of which are known to contain asbestos. (Buffalonews.com)

Asbestos Hot Spots

Teaneck, NJ: The public library at Teaneck will be closed for asbestos abatement and the installation of a new heating system from May 18 to June 1. The closure will take place over the Memorial Day Weekend. During the closure the public is asked to be aware of the following: Due dates will be extended until June 6 and no late fees will be charged during the period May 18-June 6. The public is urged not to return Teaneck Library materials during the closure either to the library chute or to other BCCLS libraries. Please keep the library materials so library workers can avoid having to deal with a huge item backlog when the library re-opens. (northjersey.com)

Denver, CO: The U.S. Environmental Protection Agency (EPA) recently presented new draft toxicity estimates on the specific type of asbestos in Libby and Troy, Montana at a public meeting at the Libby Memorial Center. These toxicity estimates, when final, will help secure the best path forward for asbestos cleanup and protection of public health at the Libby Superfund site.

The EPA will use these toxicity estimates to evaluate risks to adults, teens and children who may be exposed to Libby Amphibole during activities such as housework, playing in the yard or at school, walking, bicycling or working in an office or outside.

The draft toxicity estimates confirm EPA’s earlier assessments of the effectiveness of cleanup actions in reducing exposures in Libby. Specifically, current ambient air concentrations of Libby Amphibole do not appear to result in levels of risk above EPA Superfund targets—which are set to achieve a cleanup level that results in less than a 1 in 10,000 risk of developing lung cancer or a hazard index less than 1 for adverse non-cancer health impacts such as shortness of breath and chest pain.

However, the draft toxicity estimates also indicate that some indoor and outdoor activities that increase the release of asbestos into the air may result in levels of risk that exceed EPA targets. These draft findings underscore the need for additional cleanup actions and continued adherence to EPA recommendations that prevent soils from being disturbed, such as watering yards before mowing or digging.

The EPA has focused on reducing the largest sources of contamination, including residences, schools, roads, processing and disposal areas, and parks and ball fields. These efforts have achieved significant reductions in air concentrations of asbestos fibers in Libby. Those levels are 10,000 times lower since the company left the community.

The Libby asbestos site includes portions of the towns of Libby and Troy and an inactive vermiculite mine seven miles northeast of the town of Libby. Vermiculite had been mined at the Libby site since the 1920s. In 1963, W.R. Grace bought the Zonolite mining operations. The vermiculite from the Libby mine was contaminated with asbestos, a human carcinogen that causes mesothelioma and lung cancer. The mine closed in 1990. EPA started cleanup activities in 2000 and in 2002 the area was listed as a Superfund site.

While no precise statistics exist, vermiculite insulation produced from Libby vermiculite was widely distributed throughout the U.S. and it could potentially be present in millions of homes. EPA recommends that the insulation be left in place undisturbed. If the vermiculite insulation is undisturbed in attics and walls, it is not likely to present a risk to people in the home. EPA does not believe that cleanup action on vermiculite insulation is needed outside of Libby or Troy at this time. Once adopted, the toxicity estimates will apply to other locations in the country where Libby Amphibole asbestos exposures may be of concern.

For more information on the draft toxicity data released today, and on EPA’s cleanup activities in Libby and Troy, visit www.epa.gov/libby. (epa.gov)

Tags: Asbestos, Asbestos Mesothelioma, libby montana

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