EPA Monitoring Air Quality during Iowa Flood Clean-Up
August 5th, 2008
The United States Environmental Protection Agency has announced it will carry out air sampling in Iowa communities which are in the process of cleaning up after recent floods.
The agency will monitor air quality and test for airborne asbestos and other particulates to ensure that the air is safe to breathe.
EPA on-scene coordinators will be monitoring and assessing air quality by setting up fixed monitoring equipment at several key points throughout communities which have been damaged by the recent floods.
Due to the large scale damage and destruction, the EPA has been concerned about the possibility of airborne asbestos and other particulates after recent storms and floods.
With asbestos widely used in construction during the twentieth century, particularly between the 1940s and 1980s, storms which cause this level of destruction can potentially increase the risks of asbestos exposure during clean-up activities after the storm has passed.
While asbestos is not necessarily harmful when contained within structurally sound construction materials, the devastation caused by such storms means that broken and destroyed materials can release quantities of asbestos dust and fibers into the air.
Exposure to asbestos is known to cause several debilitating and fatal diseases, including a chronic lung condition called asbestosis, and an aggressive, treatment-resistant, and invariably fatal cancer called mesothelioma.
Initial sampling locations include Cedar Falls, Cedar Rapids, Fort Madison, Iowa City, Keokuk, Montrose, Parkersburg, and Waterloo and Louisa County. Monitoring has already begun in all of these locations, according to the EPA.
Monitoring equipment is being set up in key locations where demolition activities are being carried out as part of the process of cleaning up after the floods. Monitoring is being carried out during the hours in which demolition is going on, and will be carried out seven days a week if necessary, to ensure that air samples are taken and assessed during days and times when dust is generated.
The EPA says that it will publish results of air sampling and asbestos monitoring as those results become available. The results will be published on the EPA’s region 7 web site.
The agency recently announced that air sampling test results indicated that the recent tornado which hit Parkersburg had not resulted in dangerous levels of airborne asbestos dust.
2008 International Mesothelioma Symposium Provides Support and Education
July 30th, 2008
June 26-28 saw the International Symposium on Malignant Mesothelioma at the Hyatt Regency on Capitol Hill. The event was sponsored by The Mesothelioma Applied Research Foundation, and attended by leading international experts on mesothelioma, as well as people affected by the disease.
The Mesothelioma Applied Research Foundation created the annual event to highlight the latest advances in research and treatment for mesothelioma, to provide support for patients, families, and caregivers, and provide advocacy and volunteer opportunities for those who wish to provide their own support.
Chris Hahn, Executive Director of The Mesothelioma Applied Research Foundation, said prior to the event that more than one hundred patients, family members, caregivers, advocates, researchers, and clinicians were expected to attend. The three-day program included daily meetings, seminars, and discussions as well as a gala dinner on the evening of Friday June 27.
Day one of the symposium, on Thursday June 26, was advocacy day. The two focal points of these sessions were to highlight the need for legislation banning asbestos, and the need for more funding for mesothelioma research. Chris Hahn, Executive Director of the Meso Foundation, spoke about how people affected by mesothelioma can emphasize the need for funding and research by telling their own personal stories about their experiences with the disease.
Day two, on Friday June 27, was designated as science day. These sessions included discussions by international mesothelioma experts about recent advances in mesothelioma research and treatment, as well as upcoming developments. Several international researchers spoke about recent advances in treatment, such as post-operative intraperitoneal chemotherapy, and about the challenges mesothelioma doctors are faced with when attempting to treat people with the disease. This day also gave patients, family members, and caregivers the chance to talk with specialists and experts.
Day three, on Saturday June 28, was community day, and was devoted to the mesothelioma community of patients, family members, friends, and caregivers. Day three included support sessions for people coping with the effects of mesothelioma, and a tribute ceremony to memorialize people who have died from the disease. In addition, attendees discussed ways to increase public awareness of mesothelioma and asbestos.
The closing sessions of the symposium was intended to remind people dealing with mesothelioma of the good that can be obtained when people work together to support one another in the face of dealing with the devastation that the disease causes.
Two New Asbestos Suits Filed in West Virginia
July 26th, 2008
Two new asbestos-related lawsuits filed in West Virginia in June name more than 100 defendants between them.
The first was filed by Mary Kathryn Black on behalf of the estate of her deceased husband, Steve Black. The second was filed on behalf of Joseph M. Hutchison III and his wife, Ann Hutchison. Both lawsuits were filed in Kanawha County Circuit Court on June 6.
Mary Kathryn Black, the widow of steelworker Steve Black, claims that her husband died as a result of asbestos exposure which caused him to develop lung cancer and esophageal cancer.
Steve Black worked for companies such as Armco Steel. Other defendants in the suit include six corporations which reside in West Virginia: McJunkin Corporation, Ohio Valley Insulating, State Electric Supply, Union Boiler Company, Vimasco Corporation and West Virginia Electric Supply.
The suit alleges that Steve Black developed asbestos-related cancers as a result of working for companies involved in the manufacture, distribution, sale, installation, and removal of products containing asbestos.
According to the lawsuit, Steve Black’s lifespan and enjoyment of life was greatly diminished as a result of his asbestos exposure. His widow, Mary Kathryn Black, is seeking compensatory and punitive damages.
The second lawsuit was filed on June 6 on behalf of Joseph M. Hutchison III and his wife, Ann Hutchison.
The lawsuit names a total of 79 different defendant companies, and claims that the defendants are responsible for Joseph M. Hutchison III having developed asbestosis and mesothelioma.
Joseph Hutchison worked in South Charleston as a laborer, and was employed with Union Carbide. Hutchison was also student and faculty member of West Virginia University.
The lawsuit claims that Joseph Hutchison was exposed to asbestos while working with and around products in use at sites where he was employed. The sites were located in and across West Virginia.
The suit includes fifteen counts, relating to the financial, physical, and emotional losses suffered by both Joseph and Ann Hutchinson. They are seeking compensatory and punitive damages for their losses.
ALA Report finds Deaths from Lung Disease Increasing
July 26th, 2008
The latest report from the American Lung Association, entitled Lung Disease Data, indicates that death rates due to lung disease are on the increase, and death rates due to other leading causes of death, such as cancer, heart disease, and stroke, are decreasing.
The American Lung Association publishes the Lung Disease Data report periodically to provide a resource with information about information about lung disease trends in the United States for the media, healthcare professionals, researchers, patients, and the public.
The report indicates that lung disease rates are increasing so rapidly that chronic obstructive pulmonary disease may be the third leading cause of death as early as 2020.
Lung diseases include any diseases or disorders in which impairment of lung function is an effect or result of the condition. Lung diseases may be caused by cigarette smoking, exposure to smoke, air pollution, and exposure to occupational hazards such as asbestos and silica dusts.
Bernadette Toomey, President and CEO of the American Lung Association, says, “Every year, about 400,000 Americans die from lung disease. With our report, Lung Disease Data, we hope to provide valuable information on lung disease to the public, especially to people who become ill and their family members who are caring for them.”
Types of lung disease covered in the ALA report data include the following:
• Obstructive lung diseases such as chronic obstructive pulmonary disease and asthma, as well as chronic bronchitis and emphysema. All of these diseases affect the person’s airways, and limit or block the flow of air in or out of the lungs.
• Lung cancer, caused by uncontrolled growth of abnormal lung cells. Lung cancer may be caused by a variety of factors, including cigarette smoking and exposure to asbestos.
• Infectious diseases such as influenza, pneumonia, respiratory syncytial virus, and tuberculosis, caused by viruses or bacteria which can affect both lung tissue and the membrane which surrounds, protects, and supports the lungs.
• Respiratory failure, pulmonary edema, pulmonary embolism and pulmonary hy-pertension. These diseases are caused by problems with gas exchange and blood flow in the lungs.
• Pulmonary fibrosis and sarcoidosis. These diseases are characterized by stiffen¬ing and scarring of the lungs, which prevents normal lung function.
• Occupational diseases, such as mesothelioma and asbestosis, caused by expo¬sure to hazardous substances such as asbestos and silica dust. These occupational diseases have no other known causes apart from exposure to inhalable toxic dusts.
Two MA Theatre Owners will Pay Asbestos Fine
July 23rd, 2008
With their case set to go before a jury today, a father and son have entered a plea of “no contest” to charges of illegal asbestos removal. The charges relate to the Fitchburg Theater building on Main Street in Fitchburg, Massachusetts.
Francis D. Tramontozzi, 72, of Tewksbury, and his son, Thomas M. Tramontozzi, 47, of Fitchburg, were each fined $3,850 after pleading in Fitchburg District Court.
The Tramontozzis were charged with allowing asbestos emissions to be released into the air, and also with removing asbestos without notifying the Massachusetts Department of Environmental Protection.
According to the state Attorney General’s office an inspector of the Fitchburg Board of Health brought the Tramontozzis’ case to the attention of the state Environmental Crimes Strike Force in 2006. An anonymous complaint was made which indicated the Fitchburg Theatre building, a commercial building in the downtown district, may contain a possible asbestos hazard.
Upon inspecting the site, the Board of Health inspector noticed that asbestos insulation present on heat pipes was in poor condition, and was in need of repair or removal.
Francis D. Tramontozzi, the owner of the property, was issued with a Board of Health violation notice. The notice ordered the Tramontozzis to fix the asbestos violations to comply with state regulations.
However, when the Board of Health inspector returned to inspect the property several months later, the deteriorating asbestos insulation was still present.
Subsequently Francis D. Tramontozzi told the Board of Health inspector that his son, Thomas M. Tramontozzi, had repaired the deteriorating asbestos insulation materials. Tramontozzi said the job was “complete.”
A third Board of Health inspection was carried out, during which asbestos dust and debris was discovered to be present and uncontained in the area around the building. Following the discovery, the inspector contacted the Department of Environmental Protection to report improper asbestos removal. At the same time, Francis D. Tramontozzi was told that the work which had been done was unauthorized and that the problems would need to be fixed by licensed asbestos workers.
Asbestos regulations must be followed strictly due to the hazards associated with exposure to the fibrous mineral. Asbestos exposure and inhalation of asbestos fibers can cause serious lung conditions such as asbestosis, and a rare and very lethal cancer called mesothelioma.
Due to the hazards of asbestos exposure, state and federal regulations have strict laws controlling how asbestos is handled, removed, and repaired.
American Lung Association Issues new Warning for People Living near Wildfires
July 23rd, 2008
The American Lung Association has issued a new warning for people who live in locations where wildfires are affecting air quality.
The dangerous air pollution which can result from wildfires can be lethal to people suffering from respiratory conditions such as asthma, bronchitis, emphysema and asbestosis, and people with chronic heart disease are also at risk.
The ALA recommends that people with these conditions take extra precautions to stay safe and healthy if they live near areas where wildfires exist, and that they call their doctor immediately if they experience unusual symptoms or a worsening of existing symptoms.
Norman Edelman, MD, Chief Medical Officer of the American Lung Association, says, “Even those without lung diseases are at risk during this time. With the rising air pollution levels we are seeing in the affected areas, there is increased risk of coughing and wheezing, asthma attacks, as well as heart attacks and strokes, especially for older adults and outdoor workers. Take special care to protect children. They are more susceptible to smoke, because their respiratory systems are still developing.”
The ALA recommends that people who live downwind of wildfire areas stay indoors whenever possible, and avoid breathing ash and smoke-filled air. People should avoid exercising outdoors, and should set their air conditioners to “recirculates,” to prevent the systems drawing in air from outside.
Edelman says, “People with respiratory problems and chronic heart disease are at greatest risk during this time. Due to the extremely high levels of pollutants, many people may be experiencing increased symptoms and should contact their doctor promptly, especially those using oxygen. People using oxygen are strongly cautioned to not adjust their levels of intake without consulting their doctor first.”
The ALA also advises that people with asthma talk with their doctors about whether they should change their medication to cope with smoke and ash-laden air conditions.
The organization also says that people can find suitable dust masks at hardware and home supply stores, which can filter out fine particles such as ash and dust. People should look for masks labeled “P1000” or “N95.”
However, the ALA warns that people with lung and heart conditions should consult their doctor before purchasing or using these masks, to ensure they can be worn safely.
Wyoming Lot Owners to Finally Remove Asbestos
July 18th, 2008
Residents living between Lupe and Four Mile road near Cheyenne in Wyoming can finally breathe easy: the asbestos-contaminated waste that has been sitting on a nearby lot for almost two years has finally been hauled away. The lot, which is contained within a residential district, was used for several years for dumping construction debris.
Asbestos fragments were discovered on the site in 2006, but authorities have spent the last two years debating over whether the asbestos contamination was a health risk, and whether the asbestos could potentially become airborne and contaminate surrounding areas.
In December 2006, the Environmental Protection Agency assessed the site, and stated that the asbestos was not friable, and therefore was not a health risk.
Friable asbestos is old and crumbles easily with hand pressure, meaning its fibers can become airborne. Non-friable asbestos is still intact and in good condition and won’t deteriorate or crumble easily.
Despite the EPA reports, however, the Wyoming Department of Environmental Quality, and an expert hired by locals, both found evidence that friable asbestos was present on the site when they carried out investigations.
Following the discovery of the friable asbestos, local authorities requested a written plan to determine how removal and disposal of the asbestos would be carried out.
An asbestos contractor was subsequently hired to supervise the clean-up of the site. A total of 560 pounds of asbestos debris was removed from the vacant lot in October 2007, and a further 60 pounds was removed on Wednesday June 25. A small amount of construction debris—around five pounds—was discovered and removed from neighboring residential properties.
The waste is being removed from the site via covered trucks, and is being taken to a landfill which is equipped and licensed to deal with asbestos waste.
The job is not quite over yet, despite the fact that more than 600 pounds of asbestos-contaminated material has so far been removed. The final phase of the clean-up process will see a further forty truckloads of material removed from the site, and is expected to take around three days. However, the final phase cannot be completed for several more weeks due to scheduling issues.
Mass Asbestos Lawsuit Dismissal in West Virginia
July 18th, 2008
A mass dismissal of asbestos-related lawsuits in West Virginia has left many plaintiffs dismayed over the decision. People suffering from asbestos-related diseases such as asbestosis and mesothelioma must now wait much longer for their day in court.
The West Virginia Supreme Court of Appeals this week dismissed more than one thousand asbestos-related lawsuits laid by railroad workers against the companies they once worked for.
The more than one thousand plaintiffs had filed lawsuits against their employees, CSX Transportation and Norfolk Southern.
Previously, Circuit Judge Arthur Recht of Wheeling had dismissed the lawsuits. Following an appeal by plaintiffs, the West Virginia Supreme Court of Appeals upheld Circuit Judge Arthur Recht’s decision to dismiss all one thousand suits.
In upholding the decision, the Supreme Court of Appeals has rejected a plea that the United States Constitution provides every American with the right to sue in West Virginia, regardless of whether or not they have a real connection to the state.
In West Virginia, as in many other states, a plaintiff can file a lawsuit even if they live out of state. To do so, however, they must be able to show that either a plaintiff or a defendant in the case has some type of connection to West Virginia.
The Court chose to ignore a 2006 decision known as Morris vs. Crown Equipment, which had granted West Virginia jurisdiction to a dispute which originated in another state. The Court says that this decision did not apply because in the Morris case, one of the defendants was a West Virginia corporation.
The claims were filed under the Federal Employers Liability Act, which applies to railroad and some other types of workers, regardless of where they live.
After the suits had been filed, the Supreme Court of Appeals consolidated them into the Kanawha County Circuit Court, and assigned them all to Judge Recht.
The railway companies had already asked for a move to dismiss the cases while the Supreme Court of Appeals was discussing whether or not the plaintiffs could file their suits in West Virginia. Judge Recht then granted the defendants’ motion, saying that the Morris case was not applicable, and that the railroad workers could not file suit in West Virginia.
The plaintiffs’ appeal was subsequently rejected, and now all one thousand cases have been freed and may be tried in other state courts.
