This article discusses the Comprehensive Environmental Response, Compensation, and Liability Act of the USA. For the hedge fund management company based in Monaco, see Superfund Group. For other uses, see Superfund (disambiguation).

Checking the status of a cleanup siteSuperfund is the common name for the United States environmental law that is officially known as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, 42 U.S.C. §§ 9601-9675), which was enacted by the United States Congress on December 11, 1980 in response to the Love Canal disaster. This law created a tax on petroleum and chemical industries and provided broad federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment. Over five years, $1.6 billion was collected, and the tax went to a trust fund for cleaning up abandoned or uncontrolled hazardous waste sites. CERCLA was later amended to increase the amount of the 'Superfund' to $8.5 billion.

CERCLA established prohibitions and requirements concerning closed and abandoned hazardous waste sites, and:

provided for the liability of persons responsible for releases of hazardous waste at these sites; and
established a trust fund to provide for cleanup when no responsible party could be identified.
CERCLA authorizes two kinds of response actions:

Removal actions. Typically short-term response actions, where actions may be taken to address releases or threatened releases requiring prompt response. Removal actions are classified as: (1) emergency; (2) time-critical; and (3) non-time critical. Removal responses are generally used to address risks such as abandoned drums containing hazardous substances, contaminated surface soils posing acute risks to human health or the environment, etc. The regulations for removal actions can be found at 40 C.F.R. 300.415. ("C.F.R." refers to the U.S. Code of Federal Regulations.)
Remedial actions. Usually more long-term response actions than a removal action. Remedial actions permanently and significantly reduce the risks associated with releases or threats of releases of hazardous substances that are serious but lack the time-criticality of a removal action. These actions can be conducted only at sites listed on Environmental Protection Agency's (EPA), National Priorities List (NPL), in the United States and territories. The regulations for remedial actions can be found at 40 C.F.R. 300.430.
Under CERCLA, four classes of parties, termed "potential responsible parties," may be liable for contamination at a Superfund site:

the current owner or operator of the site (CERCLA section 107(a)(1));
the owner or operator of a site at the time that disposal of a hazardous substance, pollutant or contaminant occurred (CERCLA section 107(a)(2);
a person who arranged for the disposal of a hazardous substance, pollutant or contaminant at a site (CERCLA section 107(a)(3)); and
a person who transported a hazardous substance, pollutant or contaminant to a site; that transporter must have also selected that site for the disposal of the hazardous substances, pollutants or contaminants (CERCLA section 107(a)(4)).
CERCLA also enabled the revision of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) found at 40 C.F.R Part 300. The NCP provided the guidelines and procedures needed to respond to releases and threatened releases of hazardous substances, pollutants, or contaminants. The NCP also established the National Priorities List. The NPL, which appears as Appendix B to the NCP, primarily serves as an information and management tool for EPA, and helps the Agency prioritize sites for cleanup. The NPL is updated periodically. The identification of a site for the NPL is intended primarily to guide EPA in:

determining which sites warrant further investigation to assess the nature and extent of the human health and environmental risks associated with a site;
identifying what CERCLA-financed remedial actions may be appropriate;
notifying the public of sites EPA believes warrant further investigation; and
serving notice to potentially responsible parties that EPA may initiate CERCLA-financed remedial action.
Inclusion of a site on the NPL does not in itself require potentially liable parties to initiate action to cleanup the site, nor does it assign liability to any person. The NPL serves primarily informational purposes, identifying for the States and the public those sites or other releases that appear to warrant remedial actions.

The EPA lists 1,604 sites as of May 2005, many of which have already been cleaned up.

Despite its name, the 'Superfund' lacks the sufficient funds to clean up even a small number of the sites on the NPL. As a result, the government will typically order "potentially responsible parties" to clean up the site themselves under Section 106 of CERCLA, 42 U.S.C. § 9606. If a party fails to comply with such an order, it may be fined up to $25,000 for each day that noncompliance continues. A party that cleans up a site, pursuant to a government order, may seek contribution from other "potentially responsible parties" under CERCLA section 113(f). However, a 2004 Supreme Court decision in Cooper Indus. v. Aviall Servs., 543 U.S. 157 (2004), ruled that parties engaged in voluntary cleanup may not use Section 113.

[edit]
External links
Agency for Toxic Substances and Disease Registry
EPA.gov's Superfund site
National Priorities List of Hazardous Substances

In the United States, there are numerous environmental laws. Although they have diverse purposes, they all relate to the protection of the natural environment and other environments, which include the control of pollution and the protection of natural resources, and which result in the protection of both human and other life forms' health and well-being. As an introduction, a few examples of federal statutory environmental laws are provided here.

The Endangered Species Act seeks to protect various species of animals that are deemed to be threatened or endangered by human activity.
The Clean Water and Clean Air Acts regulate (through a variety of methods) industrial, waste disposal, and other human activities that result in contamination of the air and water.
Superfund is the common name for a set of laws that established a multi-billion dollar fund to pay for remediation of toxic waste sites left by companies that are unwilling or unable to pay. The same set of laws also creates liability for a broad spectrum of parties, such as prior owners or operators, of sites that are currently contaminated, even if the pollution was legal when it occurred.
The National Environmental Policy Act requires the federal government to consider environmental impact via an environmental impact assessment before taking any significant action, such as building a highway.
There are many more environmental laws in the United States, both at the federal and state levels. The common law of property and takings also play an important role in environmental issues. In addition, the law of standing, relating to who has a right to bring a lawsuit, is an important issue in environmental law in the United States.

[edit]
History
The history of environmental law in the United States can be traced back to early roots in common law doctrines, for example, the doctrine of nuisance. However, most current major environmental statutes, such as the federal statutes listed above, were passed in the time spanning the late 1960's through the early 1980's. Prior to the passage of these statutes, most federal environmental laws were not nearly as comprehensive.

One lawsuit that has been widely recognized as one of the earliest environmental cases is Scenic Hudson Preservation Conference v. Federal Power Commission, decided in 1965 by the Second Circuit Court of Appeals, prior to passage of the major federal environmental statutes. The case helped halt the construction of a power plant on Storm King Mountain in New York State. The case has been described as giving birth to environmental litigation and helping create the legal doctrine of standing to bring environmental claims. The Scenic Hudson case also is said to have helped inspire the passage of National Environmental Policy Act, and the creation of such environmental advocacy groups as the Natural Resources Defense Council.

[edit]
External links
US Environmental Protection Agency
Environmental Law Institute
SCENIC HUDSON COLLECTION: RECORDS RELATING TO THE STORM KING CASE 1963-1981 In the Archives and Special Collections at Marist College
History of Scenic Hudson - the advocacy group which brought the landmark Scenic Hudson Preservation Conference v. Federal Power Commission case

A Clean Air Act describes one of a number of pieces of legislation relating to the reduction of smog and atmospheric pollution in general. The United States Congress passed the Clean Air Act in 1963, the Clean Air Act Amendment in 1966, the Clean Air Act Extension in 1970, and Clean Air Act Amendments in 1977 and 1990. Numerous state governments and local governments have enacted similar legislation, either implementing federal programs or filling in locally important gaps in federal programs.

The use of the federal government and state and local governments to enforce clean air standards has contributed to an improvement of the health of Americans and a longer life span for Americans. Critics argue it has also sapped corporate profits, and contributed to outsourcing abroad, while defenders counter that improved environmental air quality has increased more jobs than it has decreased. A Pennsylvania legislative supporter of clean air standards, Rep. Mark B. Cohen of Philadelphia, said "Vast progress has been made toward the development of clean air, but sufferers of asthma and other diseases need us to make much more progress in the future."

The Clean Air Act has spurred considerable action by individual states in the U.S. to pass parallel laws addressing air quality maintenance and enhancement. Additionally the Clean Air Act and state statutes have led to widespread use of atmospheric dispersion models, including point source models, roadway air dispersion models and aircraft air pollution models in order to analyze air quality impacts of proposed major actions.

[edit]
Clean Air Acts
[edit]
United Kingdom
Coal-fires banned in London in 1273 by Edward I.
The Clean Air Act 1956 responded to London's Great Smog of 1952.
[edit]
United States
The Clean Air Act (1970), a United States environmental law, introduced regulation
The Clean Air Act (1990) proposed emissions trading, added provisions for addressing acid rain, ozone depletion and toxic air pollution, and established a national permits program.
Similarly titled Acts:

Clear Skies Act of 2003

This article concerns asbestos-related legal and regulatory issues.

Contents [show]
1 Background
2 Regulation and government action
2.1 Australia
2.2 Canada
2.3 France
2.4 United Kingdom
2.5 United States
3 Civil litigation
4 The future of asbestos civil litigation
4.1 United States
4.2 Scotland
4.3 The Online Battle
5 Criminal prosecution
5.1 United States
5.1.1 W. R. Grace and Company
5.1.2 Environmental - Asbestos Removal and Cleanup
6 References
7 See also
8 External links



[edit]
Background
At the turn of the last century, asbestos was considered an ideal building material. It was an excellent fire retardant, had high electrical resistivity and was inexpensive and easy to use.[1]

The problem with asbestos arises when the fibers become airborne and are inhaled. Because of the size of the fibers, the lungs cannot expel them. [2]

Health problems attributed to asbestos include[3]

Asbestosis - A lung disease first found in naval shipyard workers, asbestosis is a scarring of the lung tissue from an acid produced by the body's attempt to dissolve the fibers. The scarring may eventually become so severe that the lungs can no longer function. The latency period ( meaning the time it takes for the disease to develop) is often 10-20 years.
Mesothelioma - A cancer of the mesothelial lining of the lungs and the chest cavity, the peritoneum (abdominal cavity) or the pericardium (a sac surrounding the heart). Unlike lung cancer, mesothelioma has no association with smoking.[4] The only known cause is from exposure to asbestos or similar fibers. The latency period for mesothelioma may be 20-50 years. The prognosis for mesothelioma is grim, with most patients dying within 12 months of diagnosis.
Cancer - Cancer of the lung, gastrointestinal tract, kidney and larynx have been linked to asbestos. The latency period for cancer is often 15-30 years. [7]
[edit]
Regulation and government action
Worldwide, 60 countries (including those in the European Union) have banned the use of asbestos, in whole or in part.[8]. Some examples follow.

[edit]
Australia
A nationwide ban on importing and using all forms of asbestos took effect on 31 December 2003. Reflecting the ban, the National Occupational Health and Safety Commission (NOHSC) revised asbestos-related material to promote a consistent approach to controlling exposure to workplace asbestos and to introduce best-practice health and safety measures for asbestos management, control and removal. The ban does not cover asbestos materials or products already in use at the time the ban was implemented.[9]

Although Australia has only a third of the UK's population, its asbestos disease fatalities approximate Britain's of more than 3,000 people per year.[10]

[edit]
Canada
The only asbestos mines still operating in Canada are in the Province of Quebec. They are owned by the Quebec government who expropriated the Asbestos Corporation Limited in 1981 from its American parent, General Dynamics. Quebec is the second largest producer in the world behind Russia and the world's largest exporter of asbestos. Quebec exports 95 percent of its chrysotile production, mostly to Asian and other poor countries.[5] In 1999 the government of Canada went before the World Trade Organization to challenge, unsuccessfully, the ban on asbestos in France. [6]

[edit]
France
France banned the use of asbestos in 1997, and the WTO upheld France's right to the ban in 2000. In addition, France has called for a world-wide ban. [11].

[edit]
United Kingdom
The British Government's Health and Safety Executive (HSE) has promoted rigorous controls on asbestos handling, based on reports linking exposure to asbestos dust or fibres with thousands of annual deaths from mesothelioma and asbestos-related lung cancer.

"At least 3500 people in Great Britain die each year from mesothelioma and asbestos related lung cancer as a result of past exposure to asbestos. Annual numbers of deaths are predicted to go on rising into the next decade." [12]
The TUC (UK) report cites a figure of 5000 deaths per year. TUC (UK)
The HSE does not assume that any minimum threshold exists for exposure to asbestos below which a person is at zero risk of developing mesothelioma, since they consider that it cannot currently be quantified for practical purposes; they cite evidence from epidemiological studies of asbestos exposed groups to argue that even if any such threshold for mesothelioma does exist, it must be at a very low level. [13]. (There is currently no scientific consensus as to whether there does indeed exist such a specific threshold ).

[edit]
United States
In the United States, 10,000 people a year die from asbestos-caused diseases, including one out of every 125 American men who die over the age of 50. [14] The Environmental Protection Agency (EPA) has no general ban on the use of asbestos. However, asbestos was one of the first hazardous air pollutants regulated under Section 112 of the Clean Air Act of 1970, and many applications have been forbidden by the Toxic Substances Control Act (TSCA). [15]

According to a September 2004 of the American Journal of Respiratory and Critical Care Medicine, asbestos is still a hazard for 1.3 million US workers in the construction industry and for workers involved in the maintenance of buildings and equipment. [16]

A Senate Subcommittee of the Health Education Labor and Pensions Committee heard testimony on July 31, 2001, regarding the health effects of asbestos. Members of the public, doctors, and scientists called for the United States to join other countries in a ban on the product.[17]

[edit]
Civil litigation
The first lawsuits against asbestos manufacturers were brought in 1929. [18] Since then, many lawsuits have been filed. As a result of the litigation, manufacturers sold off subsidiaries, diversified, produced asbestos substitutes, and started asbestos removal businesses. [19] In June 1982, a retired boiler-maker, James Cavett, won a record award of $2.3 million compensatory and $1.5 million in punitive damages. [20]

The Manville Corporation, formerly the Johns-Manville Corporation, filed for reorganization and protection under the United States Bankruptcy Code in August 1982. At the time, it was the largest company ever to file bankruptcy, and was one of the richest. Manville was then 181st on the Fortune 500, but was the defendant of 16,500 lawsuits related to the health effects of asbestos. [21]

Johns-Manville was described by Ron Motley, a South Carolina attorney, as "the greatest corporate mass murderer in history." Court documents show that the corporation had a long history of hiding evidence of the ill effects of asbestos from its workers and the public. One of many examples is a memo from Johns-Manville's medical director to corporate headquarters[22]:

The fibrosis of this disease is irreversible and permanent so that eventually compensation will be paid to each of these men. But, as long as the man is not disabled it is felt that he should not be told of his condition so that he can live and work in peace and the company can benefit by his many years of experience.
Other important US asbestos lawsuits included Bell v. Dresser Industries Inc., Borel v. Fibreboard Corporation, and Waters v. W. R. Grace. More information on these and other, asbestos-related issues in the USA are reviewed on the Asbestos Resouce Center website.

By the early 1990s, "more than half of the 25 largest asbestos manufacturers in the US, including Amatex, Carey-Canada, Celotex, Eagle-Picher Industries, Forty-Eight Insulations, Manville Corporation, National Gypsum, Standard Insulation, Unarco, and UNR Industries had declared bankruptcy. Filing for bankruptcy protects a company from its creditors." [23].

[edit]
The future of asbestos civil litigation
Asbestos litigation is the longest, most expensive mass tort in U.S. history, involving more than 6,000 defendants and 600,000 claimants.[24] Current trends indicate that the rate at which people are diagnosed with the disease will likely increase though the next decade. Analysts have estimated that the total costs of asbestos litigation in the USA alone will eventually reach $200 billion. The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.

The controversy over asbestos-related liability issues is reflected by recent press reports and the position taken by the American Bar Association:

Guardian Unlimited reported a test-case ruling in 2005, that allowed thousands of workers to be compensated for pleural plaques. Diffuse or localised fibrosis of the pleura, or pleural plaques, is less serious than asbestosis or mesothelioma, but is also considered a disease closely linked to the inhalation of asbestos.[25] However, insurers claimed the plaques are "simply a marker for asbestos exposure rather than an injury." Mr Justice Holland rejected the insurers' arguments, and counsel for workers hailed the decision as a "victory that puts people before profits." [26]. However this decision was reversed on appeal to the Court of Appeal and the issue is now due to be heard by the House of Lords in 2007.

Insurance companies allege that asbestos litigation has taken too heavy a toll on insurance and industry. A 2002 article in the British Daily Telegraph's Associate quoted Equitas, the reinsurance vehicle which assumed Lloyd's of London's liabilities, which argued that asbestos claims were "greatest single threat to Lloyd's of London's existence." [27]. Of note is that Lloyd's of London had been sued for fraud by its investors, who claimed Lloyd's misrepresented pending losses from asbestos claims.[28].

The American Bar Association states that a growing number of claimants do not, and may never, suffer from asbestos illness. Because of the fear of a running statute of limitations, many people file claims who are not presently ill, but have had X-rays that show changes 'consistent with' asbestos disease. This 'now or never filing' is clogging the courts and delaying seriously ill claimants from having their cases heard. To alleviate this problem, the ABA recommends that (1) a clear standard of impairment be implemented, and (2) the statute of limitations not start ticking until a person actually becomes ill.[29]

[edit]
United States
Asbestos-related cases increased significantly on the U.S. Supreme Court docket after 1980. The Court has dealt with several asbestos-related cases since 1986. Two large class action settlements, designed to limit liability, came before the Court in 1997 and 1999. Both settlements were ultimately rejected by the Court because they would exclude future claimants, or those who later developed asbestos-related illnesses. See Amchem Products v. Windsor et al and Ortiz v. Fireboard Corp.These rulings addressed the 20-50 year latency period of serious asbestos-related illnesses.

Congress is still considering legislation from 2005 entitled the "Fairness in Asbestos Injury Resolution Act of 2005". The Act would establish a $140 billion trust fund to supplant litigation as a means to compensate victims of asbestos and limit liability. On April 26, 2005, Dr. Philip Landrigan, Professor of Occupational and Environmental Medicine and Chairman of the Department of Community and Preventive Medicine at Mount SInai School of Medicine, testified before the US Senate Committee on the Judiciary against this proposed legislation. He testified that many of the bill's provisions are unsupported by medicine and would unfairly exclude a large number of people who have become ill or died from asbestos: "The approach to the diagnosis of disease caused by asbestos that is set forth in this bill is not consistent with the diagnostic criteria established by the American Thoracic Society. If the bill is to deliver on its promise of fairness, these criteria will need to be revised." Also opposing the bill are the American Public Health Association and the Asbestos Workers Union.[30]

On June 14, 2006, the Senate Judiciary Committee Committee approved an amendment to the Act which would allow victims of mesothelioma $1.1M within 30 days of their claim's approval.[31] This version would also expand eligible claimants to people exposed to asbestos from the September 11, 2001 attacks on the World Trade Center, and to construction debris in Hurricanes Katrina and Rita.[32]

[edit]
Scotland
In May, 2006, the House of Lords ruled that compensation for asbestos injuries should be reduced where responsibility could not be attached to a single employer. [33] Critics, including trade unions, asbestos groups and Jim Wallace, former justice minister, have condemned the ruling. They said it overturned the traditional Scottish law to such cases, and was a breach of natural justice.

[edit]
The Online Battle
Asbestos and specifically Mesothelioma are responsible for the most expensive AdSense keywords as of 2006. [34] With typical case payouts often in the millions of dollars it has become a battleground for SEO with some law firms spending over $50,000USD/month for their AdSense campaigns alone.

[edit]
Criminal prosecution
[edit]
United States
[edit]
W. R. Grace and Company
According to the US Department of Justice(DOJ), a federal grand jury indicted W. R. Grace and Company and seven top executives on Februarly 5, 2005 for its operations of a vermiculite mine in Libby, Montana.[35] The indictment accused Grace of wire fraud, knowing endangerment of residents by concealing air monitoring results, obstruction of justice by interfering with an Environmental Protection Agency(EPA) investigation, violation of the Clean Air Act, providing asbestos materials to schools and local residents, and conspiracy to release asbestos and cover up health problems from asbestos contamination. The DOJ said 1,200 residents have developed asbestos-related diseases and some have died, and there could be many more injuries and deaths.[36][37]

The conspiracy charges alone could result in a sentence of five years in prison, a $250,000 fine and three years of supervised release, as well as a $1 million fine per violation by the company.[38]

On June 8, 2006, a federal judge dismissed the conspiracy charge of "knowing endangerment" because some of the defendant officials had left the company before the 5 year statute of limitations had begun to run. The wire fraud charge was dropped by prosecutors in March. However, the company still faces the other charges. The trial is scheduled to start September 11, 2006. [39]

[edit]
Environmental - Asbestos Removal and Cleanup
W. R. Grace and Company , which filed bankruptcy in 2001, faces fines of up to $280 million dollars, for polluting the town of Libby, Montana. Libby was declared a Superfund disaster area in 2002, and the EPA has spent $54 million dollars in cleanup. Grace was ordered by a court to reimburse the EPA for cleanup costs, but the bankruptcy court must approve any payments.[40]

Asbestos abatement (removal of asbestos) has become a thriving industry in the United States. Strict removal and disposal laws have been enacted to protect the public from airborne asbestos. The Clean Air Act requires that asbestos be wetted during removal and strictly contained, and that workers wear safety gear and masks. Over the last ten years, the federal government has prosecuted dozens of violations of the Act and violations of Racketeer Influenced and Corrupt Organizations Act (RICO) related to the operations. Often these involve contractors who hire undocumented workers without proper training or protection to illegally remove asbestos. Contractors who ignore safety regulations in removing asbestos commit an environmental crime that exposes countless people to potentially fatal and excruciatingly painful lung diseases. [41]

On January 11, 2006, San Diego Gas & Electric Co., two of its employees and a contractor were indicted by a federal grand jury on charges that they violated safety standards while removing asbestos from pipes in Lemon Grove, California. The defendants were charged with five charges of conspiracy, violating asbestos work practice standards and making false statements. If convicted the workers face five-year prison terms and a $250,000 fine for each violation. San Diego Gas & Electric faces fines of $2.5 million dollars.

On December 12, 2004, New York father and son owners of asbestos abatement companies were sentenced to the longest federal jail sentences for environmental crimes in U.S. history. The crimes related to a 10 year scheme to illegally remove asbestos. They were convicted on all 18 counts of conspiracy to violate the Clean Air Act and the Toxic Substances Control Act; violations of the Clean Air Act, and RICO. The RICO count included obstruction of justice, money laundering, mail fraud and bid rigging, all related to the asbestos cleanup. The son was sentenced to 25 years in prison, forfeiture of $2 million in illegal proceeds from RICO activities and restitution of $23,039,607 to his victims. His father was sentenced to 17-1/2 years in prison, forfeiture of $1.7 million in illegal proceeds and restitution of $22,875,575 to his victims.[42]

On April 2, 1998, three men were indicted in a conspiracy to use homeless men for illegal asbestos removal from an aging Wisconsin manufacturing plant. Then US Attorney General Janet Reno said, "Knowingly removing asbestos improperly is criminal. Exploiting the homeless to do this work is cruel."

Other similar cases can be found at the DOJ website. [43]

[edit]
References
^ [1] Medical News Today. 16 September 2004. Retrieved 15 April 2006.
^ Casarrett & Doull's Toxicology (2001), pp 520-522
^ [2][3]. EPA publication on Asbestos. Retrieved 15 April 2006.
^ Muscat JE, Wynder EL (1991). "Cigarette smoking, asbestos exposure, and malignant mesothelioma". Cancer Research 51 (9): 2263-7. PMID 2015590 [4].
^ Article in STLtroday.com (St. Louis Post-Dispatch) [5]
^ Washington Post article: Canada's Deadly Export [6]
[edit]
See also
Asbestos
Asbestos Strike
Asbestos Convention, 1986
Mesothelioma
Asbestosis
[edit]
External links
World Health Organization report
Asbestos - National Cancer Institute, USA
Public Health Guidance: Asbestos, Queensland Govt., Australia
INRS report, France
Asbestosis in Germany
British Government Health and Safety Executive
British Parliament Publications - Lloyds TSB Gen Insurance Holdings v. Lloyds Bank Group Insurance Co. Ltd.
Asbestos victims welcome ruling
“Low-Dose Exposure to Asbestos and Lung Cancer”, American Journal of Epidemiology Vol. 155, No. 11 : 1016-1022
Health and Safety - Asbestosis (TUC Resources, UK)
EU Research: Determining the damage caused by asbestos
Testimony by Dr. Landrigan of Mt Sinai School of Mediine regarding the proposed "Fairness in Asbestos Injury Resolution Act of 2005"
Retrieved from "http://en.wikipedia.org/wiki/Asbestos_and_the_law"
Category: Asbestos

Asbestosis is a chronic inflammatory medical condition affecting the parenchymal tissue of the lungs. It occurs after long-term, heavy exposure to asbestos, e.g. in mining. Sufferers have severe dyspnea (shortness of breath) and are at an increased risk regarding several different types of lung cancer.

As clear explanations are not always stressed in non-technical literature, care should be taken to distinguish between several forms of relevant diseases. According to the World Health Organisation (WHO), these may defined as; asbestosis (the subject of this article), lung cancer, and mesothelioma (generally a very rare form of cancer, but increasing in frequency as people exposed to asbestos age).

Contents [show]
1 Signs and symptoms
2 Pathogenesis
3 Treatment
4 Legal issues
5 External links



[edit]
Signs and symptoms
The primary symptom of asbestosis is generally the slow, insidious onset of shortness of breath on exertion. In severe, advanced cases, this may lead to respiratory failure. Coughing is not usually a typical symptom, unless the patient has other, concomitant respiratory tract diseases.

People with extensive occupational exposure to the mining, manufacturing, handling or removal of asbestos are at risk of developing asbestosis. There is also an increased risk of lung cancer and mesothelioma. Asbestosis and lung cancer require prolonged exposure to asbestos. However, cases of mesothelioma have been documented with even 1-3 months of exposure, and only indirect exposure (through air ventilation system.)

[edit]
Pathogenesis
Asbestosis is the scarring of lung tissue (around terminal bronchioles and alveolar ducts) resulting from the inhalation of asbestos fibers. When such fibers reach the alveoli (air sacs) in the lung, where oxygen is transferred into the blood, the foreign bodies (asbestos fibers) cause the activation of the lung's local immune system and provoke an inflammatory reaction. Macrophages phagocytose (ingest) the fibers and stimulate fibroblasts to deposit connective tissue. The result is interstitial fibrosis. The fibrotic scar tissue causes alveolar walls to thicken which reduces elasticity and gas diffusion, reducing oxygen transfer to the blood, as well as the removal of carbon dioxide. The total lung capacity (TLC) may be reduced through the alveolar walls thickening. In the more severe cases, the drastic reduction in lung function due to the stiffening of the lungs and reduced TLC may induce heart failure (cor pulmonale).

[edit]
Treatment
There is no curative treatment. Close monitoring (routine X-rays or even pleural biopsy) for mesothelioma is mandated. Oxygen therapy at home is often necessary to relieve the shortness of breath. Supportive treatment of symptoms includes respiratory treatments to remove secretions from the lungs by postural drainage, chest percussion, and vibration. Aerosol medications to thin secretions may be prescribed.

[edit]
Legal issues
Main article: Asbestos and the law
The first lawsuits against asbestos manufacturers were in 1929. Since then, many lawsuits have been filed against asbestos manufacturers and employers, for neglecting to implement safety measures after the link between asbestos, asbestosis and mesothelioma became known (some reports seem to place this as early as 1898). The liability resulting from the sheer number of lawsuits and people affected has reached billions of dollars. The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.

[edit]
External links
World Health Organization report
British Government Health and Safety Executive
Asbestos Exposure - National Cancer Institute, USA
Public Health Guidance: Asbestos, Queensland Govt., Australia
Case report of Early Asbestosis in a Retired Pipe Fitter. Clinical Cases and Images.
Retrieved from "http://en.wikipedia.org/wiki/Asbestosis"

Asbestos (a misapplication of Latin: asbestos "quicklime" from Greek ἄσβεστος: a, "not" and sbestos, "extinguishable"). It describes any of a group of fibrous metamorphic minerals of the hydrous magnesium silicate variety. The name is derived for its historical use in lamp wicks; the resistance of asbestos to fire has long been exploited for a variety of purposes. Asbestos was used in fabrics such as Egyptian burial cloths and Charlemagne's tablecloth which according to legend, he threw in a fire to clean. Asbestos occurs naturally in many forms (see below); it is mined from metamorphic rocks.

When asbestos is used for its resistance to fire or heat, the fibers are often mixed with cement or woven into fabric or mats. Asbestos is used in brake shoes and gaskets for its heat resistance, and in the past was used on electric oven and hotplate wiring for its electrical insulation at elevated temperature, and in buildings for its flame-retardant and insulating properties, tensile strength, flexibility, and resistance to chemicals. The inhalation of some kinds of asbestos fibers, however, can cause various serious illnesses, including cancer. Many uses of asbestos are banned in many countries.

Confusingly, the Modern Greek word άσβεστος means quicklime.

Types of asbestos and associated fibres

Chrysotile asbestos
Asbestos fibersWhite asbestos - Chrysotile, CAS No. 12001-29-5, is obtained from serpentine rocks. Chrysotile is the type most often used industrially in the United States. There is some evidence that this form of asbestos is not as harmful when inhaled. There is also evidence that this type of asbestos is harmful, although not perhaps as harmful as other forms (refer to UK Health & Safety Commission report Asbestos: Effects on health of exposure to asbestos, 1985). One formula given for Chrysotile is Mg3(Si2O5)(OH)4.
Brown asbestos - Amosite, CAS No. 12172-73-5, is a trade name for the amphibole known as Grunerite, from Africa, named as an acronym from Asbestos Mines of South Africa. One formula given for Amosite is Fe7Si8O22(OH)2.
Blue asbestos - Riebeckite, CAS No. 12001-28-4, also known under the variety name of Crocidolite, is an amphibole from Africa and Australia. It is the fibrous form of the amphibole riebeckite. Blue asbestos is commonly thought of as the most dangerous type of asbestos (see above and below). One formula given for Crocidolite is Na2Fe2+3Fe3+2Si8O22(OH)2.
Notes: chrysotile commonly occurs as soft friable fibers. Asbestiform amphibole may also occur as soft friable fibers but some varieties such as amosite are commonly straighter. All forms of asbestos are fibrillar in that they are composed of fibers with widths less than 1 micrometer that occur in bundles and have very long lengths. The asbestiform amphiboles are generally thought to be more carcinogenic than chrysotile because of their durability in the lung. Amphiboles most commonly occur in nature in a safer nonfibrous form. Asbestos with particularly fine fibers is also referred to as "amianthus".

Other asbestos minerals, such as tremolite asbestos, CAS No. 77536-68-6, Ca2Mg5Si8O22(OH)2; actinolite asbestos (or smaragdite), CAS No. 77536-66-4, Ca2(Mg, Fe)5Si8O22(OH)2; and anthophyllite asbestos, CAS No. 77536-67-5, (Mg, Fe)7Si8O22(OH)2; are less commonly used industrially but can still be found in a variety of construction materials and insulation materials and have been reported in the past to occur in a few consumer products. In 1989, In the United States, the Environmental Protection Agency (EPA) passed the Asbestos Ban and Phase Out Rule which was subsequently overturned in 1991. This ruling leaves many consumer product that can still legally contain trace amounts of asbestos. For a clarification of products which legally contain asbestos visit the EPA's clarification statement: http://www.epa.gov/asbestos/pubs/asbbans2.pdf

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Uses
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Historic usage
Items made of asbestos were held in so great an esteem as to be of equal value with gold; none but emperors and kings had napkins made of it. Some antiquaries have believed that ancients made shrouds of asbestos, wherein they burnt the bodies of their kings, in order to preserve only their ashes, and prevent their being mixed with those of wood, or other combustible materials commonly used in building funeral piles.[1]

Others assert that the ancients used asbestos to make perpetual wicks for sepulchral lamps. In more recent centuries, asbestos was indeed used for this purpose. Although asbestos causes skin to itch upon contact, ancient literature indicates that it was prescribed for diseases of the skin, and particularly for the itch. It is possible that they used the term asbestos for alumen plumosum, because the two terms have often been confused throughout history.[1]

Asbestos linings were once used in automobile brake pads and shoes. Since the mid-1990s, a majority of brake linings, new or replacement, have been manufactured with Kevlar linings (the same material used in bulletproof vests).

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Modern usage
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Serpentine group
Chrysotile is the form of asbestos from the serpentine group that has been used commercially.

In the United States, chrysotile has been the most commonly used type of asbestos. Chrysotile is often present in a wide variety of materials, including but not limited to:

sheetrock taping
mud and texture coats
vinyl floor tiles, sheeting, adhesives and ceiling tiles
plasters and stuccos
roofing tars, felts, and shingles
"transite" panels, siding, countertops, and pipes
acoustical ceilings
fireproofing
putty
caulk
gaskets
brake pads and shoes
clutch plates
stage curtains
fire blankets
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Amphibole group
Amosite and crocidolite were used in many products until the early 1980s. The use of all types of asbestos in the amphibole group was banned in the mid-1980s. These products were mainly:

Low density insulation board and ceiling tiles
asbestos-cement sheets and pipes for construction, casing for water and electrical/telecommunication services
thermal and chemical insulation (i.e., fire rated doors, limpet spray, lagging and gaskets)
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Asbestos-related diseases
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Asbestos as a contaminant
Asbestos is in the air we breathe and some of the water we drink, including water from natural sources. [1]

The EPA has proposed a concentration limit of 7 million fibers per liter of drinking water for long fibers (lengths greater than or equal to 5 µm). OSHA (Occupational Safety and Health Administration) has set limits of 100,000 fibers with lengths greater than or equal to 5 µm per cubic meter of workplace air for 8-hour shifts and 40-hour work weeks. [2]

Most respirable asbestos fibers are invisible to the unaided human eye because their size is about 3.0-20.0 µm in length and can be as thin as 0.01 µm. Human hair ranges in size from 17 to 181 µm.[3] Fibers ultimately form because when these minerals originally cooled and crystallized, they formed by the polymeric molecules lining up parallel with each other and forming oriented crystal lattices. These crystals thus have three cleavage planes, just as other minerals and gemstones have. But in their case, there are two cleavage planes that are much weaker than the third direction. Thus, when sufficient force is applied, they tend to break along their weakest directions, resulting in a linear fragmentation pattern and hence a fibrous form. This fracture process can keep occurring over and over until they have been broken down to their smallest unit dimensions. One larger asbestos fiber can ultimately become the source of hundreds of much thinner and smaller fibers in a normal environment over the course of time. [citation needed]

As they get smaller and lighter, they more easily become airborne and human respiratory exposures can result. [citation needed] Fibers will eventually settle but may be re-suspended by air currents or other movement.

Asbestos does not tend to remain localized at its initial release point and may eventually spread throughout all available accessible areas of buildings, even into areas that don't have their own asbestos-containing products.[citation needed] Any small impact or damage to a typical asbestos containing product can easily release billions to trillions of fibers of asbestos into the immediate environment.[citation needed]

Friability of an asbestos containing product means that it is so soft and weak in structure that it can be broken with simple finger crushing pressure.[citation needed] Friable materials are of the most initial concern due to their ease of damage. The forces or conditions of usage that come into intimate contact with most non-friable asbestos containing materials are substantially higher than finger pressure. Because of this, non-friable asbestos products can release substantial quantities of free asbestos fibers into their environments as well.[citation needed] During normal usage, initially non-friable products slowly change into a quasi-friable condition.[citation needed] Most government regulations treat such products with much less care than they do when addressing more friable products.[citation needed]

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Diseases caused by asbestos

Asbestos particles lodged in the lungs.
Lung asbestos bodies after chemical digestion of lung tissue.
Asbestos fibres (SEM picture)As early as 1898 the Chief Inspector of Factories of the United Kingdom reported to Parliament in his Annual Report about the "evil effects of asbestos dust". He reported the "sharp, glass like nature of the particles" when allowed to remain in the air in any quantity, "have been found to be injurious, as might have been expected" (Report of the Select Committee 1994).[citation needed] In 1906 a British Parliamentary Commission confirmed the first cases of asbestos deaths in factories in Britain and recommended better ventilation and other safety measures.[citation needed] In 1918 a US insurance company produced a study showing premature deaths in the asbestos industry in the United States.[citation needed] In 1926 the Massachusetts Industrial Accidents Board processed the first successful compensation claim by a sick asbestos worker.[citation needed] Many American injuries from asbestos exposure came from shipbuilders working during World War II.[4]

The problem with asbestos arises when the fibers become airborne and are inhaled. Because of the size of the fibers, the lungs cannot expel them. [Casarrett & Doull's Toxicology (2001), pp 520-522]

Diseases caused by asbestos include[5][6]:


Asbestosis – A lung disease first found in naval shipyard workers, asbestosis is a scarring of the lung tissue from an acid produced by the body's attempt to dissolve the fibers. [citation needed] The scarring may eventually become so severe that the lungs can no longer function. The latency period (the time it takes for the disease to develop) is often 10-20 years.[citation needed]
Mesothelioma – A cancer of the mesothelial lining of the lungs and the chest cavity, the peritoneum (abdominal cavity) or the pericardium (a sac surrounding the heart). It is believed that mesothelioma is caused by generation of reactive oxygen species (ROS) by the asbestos fibers. There is also some evidence to suggest that simian virus 40 (SV40) works together with asbestos in the development of malignant mesothelioma Ref. Asbestos exposure is linked to at least 50% of patients developing malignant mesothelioma.[7] Malignant mesothelioma has a peak incidence 35-45 years after asbestos exposure.[8] Median survival for patients with malignant mesothelioma is 11 months.[9] Asbestos has a synergistic effect with tobacco smoking in the causation of pleural mesothelioma.[10]
Cancer – Cancer of the larynx has been linked to asbestos. Some studies suggest that asbestos exposure is linked to a slightly increased risk of stomach, pharyngeal, and colorectal cancer. [11]
EWG Action Fund estimates that in the United States, about 9,900 people die each year of asbestos-related diseases, such as mesothelioma, asbestosis, lung cancer, and gastrointestinal cancer.http://www.ewg.org/reports/asbestos/facts/fact1.php#othercancer]

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Other asbestos-related diseases
asbestos warts – caused when the sharp fibres lodge in the skin and are overgrown causing benign callus-like growths.
pleural plaques – discrete fibrous or partially calcified thickened area which can be seen on X-rays of individuals exposed to asbestos. They do not become malignant or cause other lung impairment.
diffuse pleural thickening – similar to above and can sometimes be associated with asbestosis. Usually no symptoms shown but if extensive can cause lung impairment.
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Litigation
Main article: Asbestos and the law
Asbestos litigation is the longest, most expensive mass tort in U.S. history, involving more than 6,000 defendants and 600,000 claimants.[12] Current trends indicate that the rate at which people are diagnosed with the disease will likely increase through the next decade. Analysts have estimated that the total costs of asbestos litigation in the USA alone will eventually reach $200 billion.

The volume of the asbestos liability has alarmed the manufacturers and insurance industry. The amounts and method of allocating compensation have been the source of many court cases, and government attempts at resolution of existing and future cases.

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Removal of asbestos

Structures containing asbestos are markedMany buildings contain asbestos, which was used in spray-applied flame retardant, thermal system insulation, and in a variety of other materials. Asbestos was sometimes "flocked" above false ceilings, inside technical ducts, and in many other small spaces where firefighters would have difficulty gaining access. Structural components like asbestos panels were also used. In residences, asbestos was often a component of a type of flocked acoustic ceiling called "popcorn ceiling", until its production was banned in the U.S. in 1978. However, the ban allowed installers to use up remaining stocks, so houses built as late as 1986 could still have asbestos in their acoustic ceilings. The only way to be sure is to remove a sample and have it tested by a competent laboratory.

Depending on how and where asbestos was applied, it might not pose any risk to most users of the building. If the fibers cannot become dislodged, they cannot be inhaled, and thus the asbestos poses no risk.

However, with certain ways of applying asbestos, particularly flocking, asbestos fibers may gradually drop off into the air. Asbestos poses special hazards to maintenance personnel who have to drill holes in walls for installation of cables or pipes.

Even if the workers are protected, such maintenance operation may release fibers into the air, which may be inhaled by other users later. Interventions in areas where asbestos is present often have to follow stringent procedures.

The removal of asbestos from a building is quite complicated because of the above constraints. If removal is to be performed when users are still present in the building, it is usually necessary to relocate some users temporarily. Typically, the part of the building from which asbestos is being removed has to be sealed off in order to prevent contamination of the other areas.

If the building is closed to normal users, it may be necessary to seal it off from outside atmosphere so that no accessible air is contaminated. Examples of asbestos removal enterprises include the Jussieu Campus (begun circa 1996 and still going on as of 2005) and the Tour Montparnasse (in 2005, projected duration was 3 years if the tower was emptied of its users, and 10 years if it was not).

An asbestos-containing building that is to be torn down may have to be sealed, and to have its asbestos safely removed before ordinary demolition can be performed. The asbestos removal may take longer and cost more than the actual demolition. For example, the former seat of parliament of East Germany, the Palast der Republik was stripped of most of its asbestos between 1998 and 2001, before it was finally demolished starting in 2006. The demolition process alone is expected to cost between 20 and 60 million Euros.

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Critics of safety regulations
Asbestos regulation critics include Junkscience.com author and Fox News columnist Steve Milloy and the asbestos industry.[13] They sometimes argue that the ban does more harm than good and that replacements to asbestos are inferior. An example is the suggestion that the shuttle Challenger exploded because the maker of O-ring putty was pressured by the EPA into ceasing production of asbestos-laden putty. However, scientists point out that the putty used in Challenger's final flight did contain asbestos, and failures in the putty were not responsible for the failure of the O-ring that led to loss of the shuttle. [14] [15].

Milloy suggests that the World Trade Center towers could still be standing or at least would have stood for longer had asbestos lagging not been removed in the years prior to 2001. This was not mentioned in the National Institute of Standards and Technology's report on the Towers' collapse. Insulation that replaced asbestos is believed to have equivalent fire resistance, and any sort of sprayed-on insulation, including asbestos-based material, would have been removed in large areas by the impact of the planes and subsequent explosion. [16], [17][18] [19]

See also Asbestos and the law.

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Substitutes for asbestos in construction
Many companies that produced asbestos-cement products that were reinforced with asbestos fibres have developed products incorporating organic fibres. One such product was known as Eternit and another Everite now use Nutec fibres which consist of organic fibres, portland cement and silica.

See also a report by the Australian government, Hazardous Substances-Chrysotile Asbestos: Technical Assessment of Alternatives.[20]

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Music
Asbestos is a band from Weymouth, Dorset, UK

Official Bebo Bands Page
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See also
Ambler, PA
Asbestine
Asbestos and the law
Asbestosis
Brominated flame-retardant
Eternit
Fireproofing
List of minerals
Mesothelioma
Vermiculite
Wittenoom
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References
^ This article incorporates content from the 1728 Cyclopaedia, a publication in the public domain. [21]
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Regulatory and Government Links
U.S. EPA Asbestos Home Page
Congressional Research Service (CRS) Reports regarding asbestos
Health History Source: Article by the SafetyLine Institute - WorkSafe - Western Australian state government
Asbestos and Occupational Health in the World
British Government Health and Safety Executive (HSE)
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Mineral & Mining links
Parachrysotile (asbestos) at the webmineral.com Mineral Database
Univ. of Minn.: Asbestos
Asbestos Newspaper Articles Archive
Asbestos in the World
White Gold Pioneers: Asbestos Mining — The origins of asbestos mining, illustrated with many early photographs
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Health & The Environment
About Your House — General Series — Asbestos
Hazards.org
Case Studies in Environmental Medicine: Asbestos Toxicity
CBC Digital Archives - Asbestos: Magic mineral or deadly dust?
An article on the health impact of asbestos from Liverpool's 'Nerve' magazine
The Wittenoom Tragedy, Asbestos Diseases Society of Australia.
Health and Safety - Asbestosis (TUC Resources, UK)
Old Video - Asbestos Siding and Roofing (1951)
International Asbestos Victims Memorial
Asbestos exposure risk at Real Goods Solfest event
Retrieved from "http://en.wikipedia.org/wiki/Asbestos"