A story published by the New York Times reports thousands of rescue and cleanup workers who were exposed to the toxic air at Ground Zero after the 9/11 tragedy at the World Trade Center have reached a settlement agreement with the city over damage to their health. According to the Times, the city has agreed to pay out up to $657.5 million to about 10,000 plaintiffs in the case.

The settlement agreement has been in the works for about two years, taking place among a great deal of confusion and disagreement about the city’s responsibility for injured workers. The city had claimed it was immune because injuries occurred during a national emergency or civil defense situation. However, injured workers and their families argued they were employed by the city and entitled to compensation as they would be for any injury incurred on the job.

According to the Times report, 95 percent of the plaintiffs in this case must accept the terms of the settlement for it to take effect. Each plaintiff’s case will then be examined individually to determine how much compensation that person will receive, which lawyers estimate could run anywhere from a few thousand dollars to as much as $1 million. Individual compensation will depend on the severity of illness and level of exposure to contaminants at the World Trade Center site.

A variety of health screening and tracking programs were established in the days and months following the September 11 tragedy. Workers and others who simply lived and worked near the disaster site began complaining of a variety of illnesses, especially respiratory problems. There is an official World Trade Center Medical Monitoring and Treatment Program, as well as studies conducted by the New York Fire Department and other organizations.

Some health problems presented immediately following exposure to the site, such as respiratory distress, while others are only just showing up in those who worked at the site. It is now known that the Ground Zero site was contaminated with asbestos at levels at least two times higher than the Environmental Protection Agency’s “safe” level. Because of the long latency period between exposure to asbestos and the development of mesothelioma – an average of between 10 and 50 years – the true effect of asbestos exposure may not be known for years to come.

Some of the plaintiffs involved in the current settlement are not yet ill, but fear they will develop illnesses in the future as a result of their exposure to the toxins like asbestos. According to the Times, the settlement provides a $23.4 million insurance policy to cover possible future claims.

The G. R. Little Theatre and the north and south wings of the G.R. Little Library on the campus of Elizabeth City State University in Elizabeth City, NC, are closed until mid-April while crews remove asbestos from the facilities. According to a report by staff writer Kristin Pitts, which appears in the Daily Advance, the asbestos removal is part of a planned renovation that will make the existing facilities more energy efficient. The university is in compliance with U.S. Environmental Protection Agency (EPA) guidelines for safe asbestos removal.

According to the news report, university spokeswoman Kesha Williams says that other ECSU buildings could potentially contain asbestos, as the material was commonly used in construction prior to the 1970s. However, the material is generally not dangerous unless it is disturbed. The university was proactive in securing an asbestos abatement company to safely remove the existing asbestos during its remodeling of the library and theatre buildings.

During processes like remodeling and demolition, materials containing asbestos may release microscopic fibers that can be inhaled into the lungs. Inhaled asbestos fibers may cause asbestosis, a severe scarring of the lungs, or mesothelioma, a deadly cancer that may affect the lining of the chest and lungs, the abdomen, or, more rarely, the heart.

The news report says Clean Air Environmental, Inc., a Winston-Salem based company, has been contracted to remove the asbestos from the library and theatre buildings. Project manager Omar Martinez told the paper that the company is currently completing the second phase of what it expects will be a three-part asbestos removal process. He told the reporter that the company is using “negative airs and amended water to capture any [asbestos] fibers” and workers double-bag hazardous materials and properly dispose of the hazardous waste to ensure the safety of workers, students and others on campus in the area of the project.

Energy-saving equipment planned for the library and theatre buildings include new lighting fixtures and an upgraded heating, ventilation and air conditioning unit.

A series of stories in the Daily Inter Lake, which serves Northwest Montana and which initially broke the story about widespread asbestos contamination of the town of Libby, Mont., in 1999, is featuring a series of stories about the town. The feature is related to a recent town hall style meeting organized by the University of Montana, which is seeking to get clarification from the U.S. Environmental Protection Agency (EPA) about just how much toxicity remains in the town.

The town hall meeting, which was held Dec. 6, featured a panel discussion about the deadly fallout from town’s vermiculite asbestos mine, which was operated for years by W.R. Grace & Company. Even those who didn’t work in the mine were exposed to asbestos, as dust from the mine covered the surrounding area, railroad tracks and roads used to transport the materials. Asbestos was even used as filler for gardens and ballparks.

According to the Daily Inter Lake report, more than 300 deaths have been linked to asbestos exposure from the vermiculite mine. A special health clinic established by the EPA after the story broke about the widespread asbestos disease affecting Libby area residents is currently treating about 2,800 patients with varying levels of asbestos disease.

Dr. Brad Black, who oversees patient care at the clinic, called the Center for Asbestos Related Disease (CARD), says it’s impossible to really determine how many people have been affected by asbestos in Libby, because around 80,000 people “came and went in Libby while the mine was operating,” the paper reports.

Because of the long latency period of asbestos disease – which includes conditions such as asbestosis, a severe scarring of the lungs that impedes lung function and limits breathing, and mesothelioma, a deadly cancer that affects the lining of the lungs or, more rarely, the abdomen or heart – which is sometimes as long as 30 or 40 years, Black estimates cases will continue to emerge well into the future, through the year 2030.

Since the asbestos contamination of Libby was brought to light, it has been a roller-coaster ride for area residents. The EPA has spent more than $206 million to date to clean up residential and commercial properties. In June, Libby was declared a public health emergency, which is the first time the agency has made such a determination under the 1980 Superfund law. This will allow more money to be put into the town’s cleanup efforts.

However, there are still lingering questions about just how effective these cleanup efforts really are. The EPA has divided the Libby Superfund site into eight geographical units, and has so far only completed cleanup on two of those units. However, some scientists argue that the type of asbestos affecting Libby – amphibole – is much more toxic than chrysotile asbestos, and that cleanup efforts are being conducted using old research on the wrong type of asbestos.

The Daily Inter Lake reports that EPA officials have admitted they are using toxicology assessments from 1985 data on less toxic asbestos, not Libby asbestos. This is despite a more recent study completed in 2003, which “established exposure benchmarks for mesothelioma and lung cancer based on asbestos epidemiologic studies,” the news agency reports.

According to the paper, federal government risk assessment standards say cleanup efforts are necessary when there is evidence of one death per 10,000 people. In Libby, where the population is around 10,000 people, there have already been 31 deaths just from mesothelioma. This doesn’t even take into account the suffering and death from other asbestos-related diseases.

The asbestos contamination also has been a see-saw on the legal front. In May, W.R. Grace & Co. and several of its top leaders were acquitted of criminal charges related to the widespread asbestos disease affecting its residents. Nearly 800 people still have pending civil suits against the company, which have been delayed by bankrupcy claims on the part of Grace. The company is expected to emerge from bankruptcy in January.

Testimony resulting from the bankruptcy trial in October revealed that there is a 59 percent probability of death for Libby residents exposed to asbestos dust.

“No other place on the planet has that,” the Daily Inter Lake quotes attorney John Heberling, who is representing asbestos clients.

This is a fascinating and tragic series of stories, and I encourage you to visit the Daily Inter Lake online to read the full series. It includes a feature on Gayla Benefield, who, along with compatriot Les Skramstad, began the campaign to expose the Libby contamination and lobby for justice for the town. Here are just a few of the links:

What is a safe dose for Libby?
What’s next for Libby?
Asbestos victims try to stay upbeat
Advocate’s work for asbestos victims spans 35 years
Grace lawsuit claimants still in limbo

There is news this week that underscores the fears of our good friend Mike Crill, who has been so personally affected by the asbestos contamination in Libby, Montana. Mike has been concerned about how contamination from the W. R. Grace vermiculite mine in Libby, which operated for years in that town, would actually affect the entire country as a result of the product being exported to factories across the country, for use in making Zonolite insulation.

This week, a story in The Republican reports the U.S. Environmental Protection Agency will provide assistance to an Easthampton, Mass., town to clean up soil that is contaminated with asbestos. The affected land is the former site of a vermiculite insulation factory operated by W.R. Grace. Although the facility closed 20 years ago, it has left a legacy of danger for residents.

According to The Republican report, Grace shipped more than 250,000 tons of vermiculite ore from its Montana mine to the Easthampton factory over a period of about 40 years.

The cleanup comes as a result of city plans to extend a scenic trail into the area, and also hopes to install a new sewer line. According to The Republican, the cleanup effort involves a span of about 1,000 feet that would be the location of the trail extension and sewer project. It is estimated that soil may have to be removed to a depth of 6-12 inches, although the EPA is still examining the area.

Asbestos exposure is linked to mesothelioma, a deadly cancer that affects the lining of the chest and lungs, or, more rarely, the abdomen or heart. The only known cause of mesothelioma is asbestos exposure. There is currently no known cure for meso.

I was recently sent a link to a story in USA Today about a new health study in North Dakota. According to the report, the North Dakota Department of Health, in conjunction with the Environmental Protection Agency (EPA), the Agency for Toxic Substances and Disease Registry, and the University of Cincinnati, are looking for North Dakota residents who have been exposed to erionite dust.

Erionite is a mineral with microscopic fibers similar to asbestos. Health officials are concerned that, like asbestos, the erionite fibers can lodge in the body and cause diseases like asbestosis and mesothelioma.

The story notes that the erionite has been used extensively as gravel in road construction throughout western North Dakota. About 50 volunteers are needed for a study, with health officials focusing on those exposed to erionite dust for 20 years or more. Good candidates for participation in the study are those who worked on road crews or gravel pits.

People participating in the study will receive chest x-rays and CT scans, which will then be sent to a research team at the University of Cincinnati, which is overseeing the testing.

Erionite is positively linked to mesothelioma in Turkey, althought the type of erionite found in North Dakota is slightly different from that found in Turkey, according to the news story. However, both have microscopic fibers similar in length and width to those found in asbestos.

Erionite has been under investigation as a concern in North Dakota since 2006, when testing began in Dunn County, particularly in the area of the Kildeer Mountains. The state Health Department requested the EPA test the fibers, and it determined at that time that erionite fibers were similar to asbestos fibers, which can be easily inhaled if they are disturbed and become airborne.

For more information, read the Erionite Fact Sheet provided by the state Department of Health and EPA, or visit the Erionite Information page on the Department’s web site.

The U.S. Environmental Protection Agency announced Feb. 5 that Anderson-Wilcox Corp. and Cutting Edge Concepts II LLC agreed to pay a fine of $300,000 for improper removal and disposal of asbestos at a New Haven, Conn., site. The fine is part of a settlement agreement between the companies, the EPA, and the U.S. Attorney’s office for the District of Connecticut.

According to the EPA news release, the companies were fined for improperly removing and disposing of asbestos from a historic property that was undergoing renovation and construction. Despite knowing that asbestos was prevalent in the structure, built in the 1800s, the EPA said the companies instructed subcontractors to remove asbestos-containing materials such as vinyl floor tile from the building and to throw it into standard open trash dumpsters.

By failing to use extreme caution in handling asbestos-containing materials, the company put its workers and the public at risk. Asbestos fibers are deadly when they are disturbed, as in demolition work, which releases them into the atmosphere. Inhaled asbestos fibers may cause a variety of asbestos-related diseases including asbestosis, a severe scarring of the lungs that impairs breathing, and mesothelioma, a deadly cancer.

The effects of asbestos exposure may not become apparent for years after exposure, when they manifest to cripple or kill.

Just last week, I was invited to participate in a good-intentioned project to help renovate a building for use by a charity group. The notice announced plans to tear down sheet rock, pull down ceilings and rip up flooring, and I shuddered at the thought of potential asbestos exposure.

It still boggles my mind that people are not aware of the potential hazards in tasks that seem harmless and even helpful.

If you are planning to undertake a building renovation project, please, please consider calling an asbestos abatement expert to have the structure inspected for possible asbestos hazards before you begin. Extreme caution should be used – and in many cases is required by law – when handling asbestos-containing materials.

Residents of Eden and Lowell, Vermont who live within a 10 mile radius of the old Belvedere Mountain Asbestos Mine are being warned by the state Department of Health that they are at increased risk of illness as a result of their exposure to the mine. The warning is a result of the Vermont Asbestos Group Mine Health Study, which examined the impact of a currently inactive asbestos mine and mill that operated from the early 1900s until 1993.

According to the Department, the asbestos ore was mined from open pits producing chrysotile asbestos. The site is made up of a network of mine and mill buildings and structures, and two significant mill tailings piles estimated at 29-20 million tons. The Vermont Agency of Natural Resources (ANR) has been investigating the property due to significant erosion in the asbestos waste piles, which they believe is migrating off site into nearby streams and wetlands.

An official news release from the Vermont Department of Health dated Nov. 6 said there is an immediate need for additional investigation of the impact of the mine, and the potential for increased asbestos-related health risks for people who live nearby. The EPA is in the early stages of evaluating the site for potential listing on the Superfund National Priorities List (NPL), which would make it eligible for federal funding for a comprehensive cleanup of the site, according to the release.

The Health Department is hampered in its evaluation of the impact of the mine because there is not much information available about the levels of exposure – whether people inhaled asbestos, where, how much, or over what period of time.

The statement quotes Health Commissioner Wendy Davis, MD, as saying, “It is extremely important that Vermonters stay off the mine, and we recommend that you contact your health care provider if you are concerned that you may have been exposed to asbestos.”

A report by FOX Channel 44 serving Burlington and Plattsburgh featured an interview with an Eden resident who wished to remain anonymous. The resident is quoted as saying there was so much asbestos drifting from the mine that at some times the ground appeared to be dusted with snow.

Sears, Roebuck and Co. will pay a civil penalty of $55,000 to the State of Massachusetts for a violation of its Clean Air Act and Consumer Portection Act following the improper removal of asbestos from a customer’s home. The story in the Wicked Local Pembroke reports Sears contractors improperly removed asbestos when replacing a boiler in October 2004.

The news agency reports that the complaint filed in Suffolk Superior Court notes that Sears assured its customer that it could remove an existing boiler, which contained asbestos insulation, and replace it with a new one, safely and cost-effectively. The complaint says Sears assured the customer the workers would be properly licensed and trained.

However, the workers who arrived to complete the work – a plumber and second subcontractor – were not licensed or trained to handle asbestos. The complaint notes that the workers removed the existing boiler wearing no protective gear, did not seal the area, and dropped the boiler, breaking it open and releasing asbestos into the air when the insulation crumbled. The workers cleaned up the spilled asbestos insulation material with their bare hands, and disposed of it in regular black trashbags, the Wicked Local reports.

Asbestos dust was released into the air in the customers’ basement and first-floor area, exposing them to carcinogens. Asbestos is linked to the development of asbestos related diseases including mesothelioma and asbestosis.

According to the Massachusetts Department of Environmental Protection (MassDEP), contractors need to determine whether asbestos is present pior to conducting any renovation or demolition activity. Companies doing work on a project that possibly contains asbestos are required to hire a Division of Occupational Safety (DOS) certified asbestos abatement contractor.

If asbestos is present, there are MassDEP requirements for anyone handling asbestos, including special supplies and equipment, specific work practices including setting up a containment area, air filtration equipment, packaging and labeling of waste. If the area is contaminated by improper handling of asbestos, MassDEP says, cleanup procedures specific to the job are required.

Contractors should check with their state office of Environmental Protection or Occupational Safety before beginning any project that may involve asbestos, as regulations may vary from state to state.

According to the Massachusetts complaint, Sears subcontractors never notified their Department of Environmental Protection or filed an Asbestos Notification Form when removing the boiler.

The Wicked Local reports part of the settlement will require Sears to develop and implement a customized asbestos training program for salespeople and managers, and to provide enhanced supervision on all jobs where asbestos may be present.

Last week, I mentioned that I’d come across an interesting story about a jazz musician and noted writer in Britain, who released a recording of his work begun in 1973. Keith Shadwick was a professional musician in Australia at the time, and he, along with drummer Gary Norwell, had formed a band called Sun, with a few other musicians. The group released one album, but then broke up. Keith and Gary recorded several jazz tracks before going their separate ways, and Keith revived the project off and on, in the mid 1980s and again in 2005 when he was diagnosed with mesothelioma.

A British record label, Candid Records, agreed to release the CD, and Keith recruited a number of musicians to fill in the gaps on the tracks to finally see the project through. The CD was called Free Time, a name initally selected because the original tracks recorded in 1973-74 were done during a recording studio’s down time, when a friend who worked there was able to lend Keith and Gary the space. But the liner notes, penned by Keith to tell the story of how the recording came together, tend to more solemn reflection.

“Then suddenly completion is in front of you and there is no free time anymore,” he writes, and it’s easy to see the dual implication of a completed project and a completed life.

Keith passed away just as the CD was pressed, and it is unlikely he saw it in its final form.

The special edition release of Free Time is available only through the Candid Records web site, and is shipped from the UK. Cost is £9.99 plus shipping, which totals around $24 U.S. once you figure in the exchange rate. But all proceeds from the sales will go to Bart’s Mesothelioma Research, an organization in Britain dedicated to the treatment of mesothelioma.

I received my CD yesterday. Full of free-spirited modern jazz tunes highlighting Keith on saxophone, the CD is joyful and jamming and sometimes poignant. It is perhaps hardest to comprehend when mesothelioma steals the breath of those who create music, before it steals their life.

An article published by the Daily Inter Lake, which serves Northwest Montana, reports on a new study by Dr. Alan Whitehouse, a pulmonologist affiliated with the Center For Asbestos Related Disease (CARD) in Libby, Montana. Dr. Whitehouse’s study, published in the American Journal of Industrial Medicine, predicts an epidemic of mesothelioma cases in Libby in the next 10-20 years.

Dr. Whitehouse, along with four other physicians including CARD’s Dr. Brad Black, studied 31 mesothelioma cases, including 11 cases not previously reported. The study focused specifically on non-occupational asbestos exposure, including exposure to contamination of the community, the surrounding forested area, and areas in proximity to the Kootenai river and the railroad tracks used to haul vermiculite.

It is estimated that more than 200 people in Libby have died from asbestos-related disease, and CARD is following 2,000 additional asbestos cases. CARD primarily serves Libby residents who were affected by the W.R. Grace-operated vermiculite mine, which was in operation for many years, and at high capacity from the 1940s to the 1970s.

Focus has recently shifted to include people suffering from asbestos disease and mesothelioma who never came into direct contact with the vermiculite mining operation. In June, the U.S. Department of Health and Human Services and the Environmental Protection Agency announced an $8 million grant to fund a five-year study of the effects of low-level asbestos exposure.