Mesothelioma Information

Asbestos is generally considered to be a group of six metamorphic minerals of the hydrous magnesium silicate variety:  chrysotile asbestos, tremolite asbestos, actinolite asbestos, anthophyllite asbestos, crocidolite asbestos and amosite asbestos.  Although the health hazards associated with asbestos were known as early as 1898, when the Chief Inspector of Factories for the United Kingdom reported to Parliament on the harm caused as a result of asbestos exposure, it wasn't until 1970 that the mineral group was officially recognized as a hazardous material.

In 1970, asbestos was added to the list of hazardous air pollutants regulated under Section 112 of the Clean Air Act.  The Clean Air Act was passed in 1963 by the United States Congress in effort to reduce the amount of atmospheric pollution.  While asbestos has been banned in the US for some time, many cases are still showing up because of the long lead time (30 to 50 eyars) before disease shows up.

Asbestos regulation is primarily intended to protect the public from exposure to the hazardous material. Commercial and industrial products (ranging from floor tiles and fire-proofing to irons and break pads) regularly contained asbestos and asbestos-laden materials; however, asbestos regulation prohibits the use of the metamorphic mineral in any capacity.

Although asbestos regulation inhibits the manufacture of asbestos products, it can do little to control the ones that are already in circulation.  Asbestos insulation was the most common use of the mineral because of its resistance to fire / heat, its flexibility and its tensile strength.  As such, a large number of buildings throughout the United States still have asbestos insulation lining the walls.  The Environmental Protection Agency (EPA) has stated that asbestos insulation only poses a health risk if it has been damaged or torn in some way (exposing asbestos).  Asbestos sealed within insulation poses no immediate danger.

If damaged asbestos insulation is found in a building, there are two options through which to deal with the issue; removal or repair.  The EPA suggests that whenever possible, asbestos insulation should be repaired rather than removed because removal leads to a greater degree of exposure. Only when absolutely necessary should asbestos insulation be removed.

Asbestos NESHAP Program

On March 31st, 1971, The EPA labeled asbestos a "hazardous pollutant."  Recognizing the extent of the mineral's airborne toxicity capability, the EPA formally announced the establishment of the Asbestos NESHAP (National Emissions Standards for Hazardous Air Pollutants) program.  The primary function of the Asbestos NESHAP program is the oversight of all demolition / renovation projects involving the removal of asbestos in order to protect the general health of the public.

As of 1982, the EPA shifted responsibility for the management and enforcement of the Asbestos NESHAP program to the Florida Department of Environmental Protection (DEP). Implementation of the Asbestos NESHAP program requires the Florida DEP to oversee all activities that involve the handling, processing and disposal of asbestos and asbestos-laden materials (limiting the atmospheric release of asbestos fibers).

The Asbestos NESHAP program established a strict set of regulations that must be followed during the renovation or demolition of any structure found to contain asbestos materials. Adherence to the program is required for all structures, installations and buildings, except for residential buildings that comprise fewer than four "dwelling units" (room(s) housing a single grouping of inhabitants).

Even though asbestos-laden materials are no longer used in the construction of buildings, all newly constructed buildings are also subject to the same asbestos regulations as older buildings.

Whenever a demolition is required, asbestos regulations require the owner to notify the appropriate DEP District Office or Local Pollution Control Agency.  A building slated for demolition is analyzed to determine the levels of asbestos (if any) present in the structure.  If asbestos levels are found to exceed certain regulatory parameters, Asbestos NESHAP work practice standards are enforced on the building's demolition.

The Asbestos NESHAP work practice standards are designed to ensure that asbestos materials are dealt with and disposed of in the safest possible manner.

FDA Laws and Regulations

For further information and to read the entire text of various FDA laws and regulations on asbestos see our latest information page FDA Laws.

Legal Questions

If you or a loved one has been diagnosed with mesothelioma and you have legal questions or require legal assistance, contact Paul & Hanley LLP.

Our firm has an outstanding track record of success in cases across the country, and our lawyers are known for their honesty, integrity and compassion.  We've built our reputation on toxic tort litigation representing individuals diagnosed with mesothelioma and other serious diseases with dignity and respect.

We handle a select number of cases at a time and represent workers and families with the extra special attention required for the best possible outcome in each case. We understand your case is unique, so we take the time to get to know you and your family.  Contact us today for a free and confidential consultation. We'll discuss your specific case and give you honest answers to your important questions. Our toll free telephone number is 800 933-2244.  We look forward to helping you.