Friday, May 14, 2010

Asbestos Troubles



Asbestos troubles. Ever since the EPA proposed to test burn asbestos at our landfill [1], it's been interesting to follow asbestos demolitions, asbestos slab removals, and now asbestos storage.

photo slideshow

http://s786.photobucket.com/albums/yy141/concerned_citizens_2010/asbestos/?albumview=slideshow


The Environmental Protection Agency ("EPA") has acknowledged that "there is no safe level of exposure to asbestos." 51 Reg. 15722, 15728 (1986) (emphasis added). "Diseases associated with asbestos exposure include asbestosis, mesothelioma, cancer of the lung, and cancer of the gastrointestinal tract."
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On Tuesday's Council Agenda is a zoning docket, Docket 2-10, which would allow storage of asbestos on St Bernard Hwy. The company is Cross Environmental, a State Wide Asbestos Contractor out of Crystal Springs Florida. They have already set-up and are operating an asbestos storage site in Arabi, Louisiana, without the required local zoning, nor Chapter 5 Code of Ordinance's Application.


DEQ officials state:
DEQ regulates the conditions under which a storage site may operate in order to protect human health and the environment. We have no authority over zoning discrepancies. The zoning issue is a function of the Parish, and as such, a non-compliance issue will be handled by them.


May 18 2010 Council Meeting Agenda Item #12
ADOPTION OF ORDINANCES

12. Summary No. 2653
Introduced By: Administration on 2/18/10
Planning Commission Recommended Approval on 3/23/10
Public Hearing Held on 4/20/10
Tabled by Council on 4/20/10
EFC Recommended Denial on 5/12/10

AN ORDINANCE TO APPROVE DOCKET 2-10, A PETITION FOR A ZONING CHANGE FROM “I-2, (HEAVY INDUSTRIAL)” TO “I-2, (CONDITIONAL USE)” FOR THE FOLLOWING DESCRIBED PROPERTY LOCATED IN THE 7300 BLOCK WEST ST. BERNARD HIGHWAY. (District A)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

[1] On behalf of Concerned Citizens Around Murphy, Tulane Environmental Law Clinic (TELC) worked with Public Justice to stop EPA from conducting an experimental burn of asbestos contaminated waste in St. Bernard Parish that would have violated EPA’s own hazardous air pollutant regulations. TELC and Public Justice submitted a Notice of Intent to Sue the agency, alleging that EPA’s plans to experiment by departing from health and safety standards would treat “a storm-devastated Louisiana parish as a laboratory for illegal experiments.” In response, EPA dropped its plans to burn regulated asbestos containing material during the experiment.
http://www.tulane.edu/~telc/accomp.pdf

^ Notice of Intent of Concerned Citizens Around Murphy to Sue to EPA (June 3, 2008) http://www.tulane.edu/~telc/assets/Notice%20Letters/6-3-08%20CAA%20NOV%20to%20EPA%20Asbestos%20Burn.pdf

^ EPA Response to Comments, Disaster Debris Reduction Pilot Project – St. Bernard Parish (June 23, 2008), http://www.tulane.edu/~telc/assets/agency/06-23-08%20EPA%20resp.pdf






Pictured above, contractors work to remove asbestos from a residential slab.


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