State and Federal Legislative Response to the Asbestos Threat
| Publication year | 1988 |
| Pages | 1973 |
| Citation | Vol. 17 No. 10 Pg. 1973 |
1988, October, Pg. 1973. State and Federal Legislative Response to the Asbestos Threat
Once viewed as a "miraculous mineral" and a "boon to mankind," asbestos has become a highly controversial material. Years ago, because of its physical and chemical properties, asbestos was popular for use in construction projects. Asbestos is virtually non-combustible because it can withstand temperatures of 500°, has a tensile strength approaching that of steel, is a good thermal and acoustic insulator, is flexible and seemed to be safe.(fn1) Since 1900, more than thirty million tons of asbestos has been used in construction projects throughout the United States. About 80 percent of the buildings constructed in this country prior to 1979 contain asbestos.(fn2)
Asbestos is hazardous when inhaled and is now recognized as posing a serious health threat. Asbestos fibers may build up in a person's lungs resulting in asbestosis, a scarring of the lungs that progressively hinders breathing capabilities.(fn3) Exposure to asbestos fibers--- which are microscopic, tasteless, odorless and amazingly buoyant---also can lead to mesothelioma, a rare and lethal form of cancer attacking the lungs or stomach.(fn4) The disease tends to remain dormant until from twenty to thirty years after initial exposure. Thus, according to one source, "Even people who have had significant asbestos exposure, but since have avoided the material, face higher than average risks of developing mesothelioma."(fn5)
Concern over the effects of exposure to asbestos, while spawning an avalanche of litigation, has led to the enactment of various laws regulating asbestos by federal and state governments. As a result, a maze of overlapping statutes, ordinances and regulations have been adopted governing the use, handling, treatment and disposal of asbestos-containing materials.
Current governmental regulation of asbestos poses a serious problem for landlords, tenants and occupiers of commercial buildings. In New York City, nearly 1,000 public schools must be checked for potentially serious danger from asbestos.(fn6) In Colorado, several shopping malls were forced to close their doors as a consequence of the discovery of asbestos material during renovation or reconstruction. In 1986 alone, hundreds of millions of dollars have been spent to remove asbestos from schools, hospitals, government and military facilities and commercial buildings.(fn7)
A special report recently projected that asbestos abatement will be a $100 billion industry to be realized over the next twenty-five years. It has been estimated that asbestos abatement has taken place at no more than 25,000 of the 735,000 U.S. commercial and public buildings believed by the Environmental Protection Agency ("EPA") to contain asbestos.(fn8) Recent federal legislative and regulatory activities, as well as the closure of several businesses, indicate that asbestos-related legal problems will increase in the future.
This article provides a basic overview of the state and federal laws governing the use of asbestos.
On July 1, 1987, Governor Romer signed into law House Bill ("H.B.") 1239 concerning asbestos control. The bill is designed to
The bill does not attempt to regulate occupational health practices which are regulated pursuant to federal laws.(fn10)insure the health, safety, and welfare of the public by regulating the practice of asbestos abatement in locations to which the general public has access, for the purpose of insuring that such abatement is performed in a manner which will minimize the risk of release of asbestos.(fn9)
The Colorado Air Quality Control Commission ("Commission") is empowered by H.B. 1239 to promulgate the rules and regulations necessary to implement the provisions of the bill with regard to any building, facility or property which any member of the general public can enter. The Commission is also empowered to establish rules and regulations as well as performance standards
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