Embed Size (px)
Citation preview
Vermiculite Analysis Guidance Update
Robert J. DeMalo, M.Sc. EMSL Analytical, Inc.
Q: Asbestos banned in the US?
A: True or B: False
B: False!
55 Countries in the world have a total ban of asbestos US and Canada are not among them
Pop Quiz!
1972 FDA banned asbestos in clothing
1973 EPA banned asbestos in spray on fireproofing
1975 EPA Molded and Wet Applied insulation
1978 EPA Spray on decorative material
1978 CPSC consumer wall and ceiling patch
1989 An EPA Ban went into effect
1991 5th Circuit Court of Appeals overturned the ban except to ban “new” uses.
The 1991 ruling has been called a tragedy for the EPA. It has set seemingly impossible analytical requirements.
This has implications beyond asbestos. If the EPA can’t ban a known carcinogen at which no level of exposure is safe how can it regulate any toxic substance?
Most Americans believe asbestos has already been completely banned
Elusive Asbestos Ban
Elusive Asbestos Ban
The result is that asbestos continues to be put into products today.
roofing products
gaskets
brakes, etc.
These items were briefly barred from containing asbestos by the EPA.
Taken from Asbestos Strategies Report (May 16, 2003)
*Two US States have subsequently banned asbestos in brake friction products; WA and CA
Items Never Subjected to a Ban
Taken from Asbestos Strategies Report (May 16, 2003)
Asbestos Products
Roofing Products
Friction Products
Gaskets
Other
USGS Estimates - 2012
• 1,060 Metric tons estimated imported into the US July 2012
Senator Murray's (D-Wash State) Ban Asbestos in America Act
Since 2001 the Senator worked on getting this bill through.
In its current form:
It does not address the millions of pounds of asbestos already present in buildings.
It is so watered down that the EPA has withdrawn its support for the bill.
Industry lobbyists like the National Stone, Sand and Gravel Association deleted the following key wording: “…any products in which asbestos is intentionally added, or knowingly present as a contaminant.”
Asbestos in Vermiculite - History Libby, Montana
Dr. Alley founded the Zonolite Company and developed the mine
The Libby mine was the source of estimated 70-90% of all vermiculite sold in the U.S. from 1919 to 1990
Over its lifetime, it employed more than 1,900 people.
W. R. Grace bought the mine and processing facility in 1963 and operated it until 1990.
Asbestos in Vermiculite Libby, Montana
Unfortunately, veins of asbestos contaminated most, if not all of the material taken from the mine; Libby Amphibole was an “accessory mineral”.
EPA has been working in Libby since 1999 when an Emergency Response Team was sent to investigate local concern and news articles about asbestos-contaminated vermiculite.
Asbestos in Vermiculite Libby, Montana
Mine site in 2009
Asbestos in Vermiculite – What is it? Libby, Montana
Regardless of the method employed a mixture of regulated asbestos as well as non regulated asbestos is likely to be encountered. “Libby Amphiboles” is a collective term for the complex mixture of amphiboles that are known to exist at the Libby site. In order of decreasing abundance: Winchite (non-regulated amphibole) Richterite (non-regulated amphibole) Tremolite (regulated amphibole) Not as prevalent but identified: Magnesioriebeckite (non-regulated amphibole) Edenite (non-regulated amphibole) Magnesio-arfvedsonite (non-regulated amphibole)
Asbestos in Vermiculite Libby, Montana
Asbestos in Vermiculite – What is it? Libby, Montana
Asbestos in Vermiculite Libby, Montana
Increased mortality rates are observed not only with the mine workers themselves but also with their families and even in citizens with no direct connection to the mine
Mortality rates are 40 times higher than the rest of Montana and 60 times higher than the rest of the US
The mortality rates are associated not just with regulated asbestos but other amphiboles as well (in this case Richterite and Winchite)
Libby Amphiboles = NRA NRA = Libby Amphiboles
Asbestos in Vermiculite – Health Effects Libby, Montana
• Asbestosis - A serious, chronic, non-cancerous respiratory disease. It is a scarring of lung tissue caused by the presence of asbestos fibers.
• Mesothelioma - Mesothelioma is a rare form of cancer which occurs in the thin membrane lining of the lungs, chest (pleural cavity), abdomen (peritoneal cavity)
• Lung Cancer - An uncontrolled, malignant growth of cells
in the lung tissue. Indistinguishable from lung cancer seen without asbestos exposure.
• Latency period (creates slow response, 15-40 years for
onset of disease from first exposure for Lung Cancer and Mesothelioma)
Asbestos in Vermiculite – Health Effects Libby, Montana
Aspects of asbestos disease in Libby
• Fiber count increases over time even after exposure ends, due to progressive splitting of bundles (Phil Cook) • Of initial ATSDR screening of 7,000 residents in Libby area-2,000 had asbestos disease symptoms (Chris Weis) • Sediment sampling indicates continuous exposures in town of Libby of 5 fibers/cc; much higher on “heavy dose” days (Webber) (note: current PEL is 0.1 f/cc)
Asbestos in Vermiculite Libby, Montana
• Biggest (loss of human life) environmental disaster in modern U.S. history
• Caused by mining of vermiculite that was heavily contaminated with asbestos
• Over 300 mortalities to date; up to 1500-2000 more anticipated • Deaths are due to exposure to airborne amphibole asbestos,
leading to asbestosis, lung cancer, and mesothelioma • Unprecedented exposure of families and residents • Millions placed at risk due to processing plants across the U.S. • Avoidance of clear responsibility by mine owner W. R. Grace • Currently a Superfund site (NPL listing in 2002) • Declared by the EPA on June 17, 2009 the first U.S. Public
Health Emergency
Asbestos in Vermiculite Libby, Montana
• Poor regulation and oversight, deception of agencies and workers
• Massive translocation of fibers to town and area
• Processing of vermiculite in close proximity to homes, schools, and recreation areas
• Contamination of numerous U.S. locations due to 250 expansion sites and installation in 35 million homes and buildings
Why is this site unique in terms of asbestos exposure?
Asbestos in Vermiculite Libby, Montana
Major receiving points of Libby Vermiculite
Asbestos in Vermiculite Libby, Montana
As many as 30 million homes and businesses may have VAI from Libby.
Asbestos in Vermiculite Contaminated Soil Returned to Mine
Asbestos in Vermiculite VAI Removed from Homes
Vermiculite Attic Insulation
Between 10-30 Million Homes are Estimated
to Contain Vermiculite!
Vermiculite’s Many Uses
Block Fill
Fertilizer
Vermiculite fire board
Vermiculite Uses
General
Loose fill
Carriers
Density modifiers
Fire Protection
Insulation
Horticultural
Hydroponics
Potting soil Mixes
Carrier for fertilizers and insecticides
Industrial
Absorbent Packing
Brake Pads / Shoes
Drilling Muds
Filtration Beds
Fireproof safes
Furnaces
Paints
Sealants
Construction
Floor and Roof Screed
Gypsum Plaster
Gypsum Wallboard
Loft Insulation
Acoustic finishes
Sound Deadening
Block fill
Spray On Fireproofing
Popcorn Ceiling
Asbestos in Vermiculite Production Levels and Ore Content
• 1,200 tons of mineral mined per day, with stack emissions at the mill of 10,000-24,000 pounds per day
• 80% of world production for 70 years, 50% of U.S. supply in 1990
• Ore is up to 20% asbestos, airborne particles up to 40% asbestos (Grace insisted ore was <1% asbestos)
• 15.6 billion pounds of asbestos contaminated Zonolite shipped and distributed around North America
May 21, 2003 • EPA and ATSDR launch a national
consumer awareness campaign for homeowners with vermiculite attic insulation (VAI) which may contain asbestos.
• People who have homes with vermiculite attic insulation should become informed, not alarmed,” said Stephen L. Johnson, EPA’s Assistant Administrator for the Office of Prevention, Pesticides, and Toxic Substances.
Key Recommendations for Homeowners • Do not disturb vermiculite attic insulation. • Don’t go into the attic. • Boxes or other items should not be stored in
attics if retrieving them will disturb the insulation.
• Homeowners should never attempt to remove the vermiculite insulation.
• If removal is necessary, hire professionals trained and certified to safely remove the material.
Chronology of New York DOH Vermiculite
NYS ELAP Vermiculite Definitions
• Loose Vermiculite – Vermiculite Attic Insulation (VAI), Block Fill and all other loose Vermiculite materials
• Vermiculite Containing Materials (VCM) – Building materials that contain vermiculite as a component
Chronology of NYS DOH ELAP
• 1984 - The Environmental Laboratory Approval Program (ELAP) of the Wadsworth Center established, responsible for certification of labs performing environmental analyses on samples originating from NYS
• August 1992 – Gravimetric Reduction with TEM confirmation requirement for
non-friable organically bound (NOB) Samples Vermiculite Containing Materials (VCM) • April 8, 2011 – ELAP releases frequently asked questions (FAQs) regarding
asbestos/fibers analysis - FAQ #10: How can I tell if vermiculite contains asbestos or what sampling methods should be used? “According to the EPA, you should assume that vermiculite insulation contains asbestos. It is recommended that you do not disturb it; or use a trained professional if it needs to be disturbed or removed. According to Industrial Code Rule 56, vermiculite is a suspect miscellaneous asbestos containing material. Since there is no approved analytical methodology to reliably confirm vermiculite as non-asbestos containing, it is always best to assume vermiculite is contaminated with asbestos and proceed accordingly.”
Chronology of NYS DOH ELAP
• June 22, 2012 – NYS received numerous request for clarification and
interpretation of FAQ #10, therefore they released this additional guidance to revise FAQ #10. This guidance not only addressed Loose Fill Vermiculite insulation but also any material that contains vermiculite. Samples determined to be ≥ 10% vermiculite by NYS Methods is automatically deemed to be ACM.
New York Guidance as of 6/22/2012
Chronology of NYS DOH ELAP
• June 22, 2012 Rationale for >10% vermiculite considered ACM: “However, because vermiculite’s asbestos contamination typically ranges from 1% to 5%, vermiculite’s contribution to asbestos content of vermiculite materials used for thermal systems insulation, surfacing materials and other miscellaneous ACM (e.g., pipe lagging, sprayed-on fireproofing) may be assumed to be less than 1% if the vermiculite constitutes less than 10% of the total material.”
• August 27, 2012
Chronology of NYS DOH ELAP
• August 27, 2012 - Continued
Clarifications? -History of Libby added -No mechanism to differentiate between vermiculite from Libby from other mines -Evidence of inaccuracies by methods to rule out asbestos contamination -Vermiculite <10%, proceed analysis must continue to look for other asbestos
fibers -Vermiculite >10%, inaccuracies of testing methods may lead to false negatives,
therefore assume ACM
Chronology of NYS DOH ELAP
• August 27, 2012 - Clarifications Continued -The NYS guidance does not prohibit the use of application of vermiculite materials, but applies to renovation and/or demolishing of structures when the origin of vermiculite is unknown -NYS ICR 56-5.1(c) allows for other documentation such as manufacturer documents such as a compliant MSDS showing material as non-ACM in lieu of bulk sample analysis -Documentation should be shared with building owner(s) for future reference with regard to renovation and/or demolition activities to avoid future concerns • July 9, 2013 Letter -New decision process and flow chart that provides a testing alternative for VCM, loose fill vermiculite remains unchanged, assume ACM -If suspect building material is determined to contain 10% vermiculite or less, analysis may proceed to NYS 198.1 to determine asbestos content of the material. -If suspect building material is determined to contain greater than 10% vermiculite, analysis may proceed to NYS 198.6 to determine asbestos content of the material, provided a disclaimer is added to the laboratory report: “This method does not remove vermiculite and may underestimate the level of asbestos present in a sample containing greater than 10% vermiculite.”
VCM Decision tree as of last NYS Guidance letter 7/9/2013
Chronology of NYS DOH ELAP
Other New York Agencies
NYS DOL Industrial Code Rule 56 (ICR 56) 12NYCRR Part 56-5.1(e) “The asbestos survey shall include a thorough inspection for and identification of all PACM, suspect miscellaneous ACM…the subsequent analyses are performed by a laboratory that meets the requirements of Section 56-4.2 of this Part; and the analyses satisfies both ELAP and federal requirements…” NYS ELAP response to written question submitted by EMSL at the October 30, 2012 NYAAEL Meeting -ICR 56 addresses vermiculite insulation as a “Suspect Miscellaneous ACM”, which was a regulatory change effective March 21, 2007. The recent ELAP vermiculite guidance provided clarification regarding what types of vermiculite insulation can (and cannot) effectively be analyzed by current ELAP approved methods, therefore no new regulations are required.
Other New York Agencies
NYS DOL Industrial Code Rule 56 (ICR 56) 12NYCRR Part 56-5.1(f)(ii) Suspect Miscellaneous ACM
(b) Other Miscellaneous Materials:
Impact to End Users New York City School Construction Authority (NYC SCA)
For new work (surveys and sampling not yet performed), you must follow the latest NYSDOH guidance document;
- Where previous sampling has been conducted but the project has not yet been issued a NTP and materials were assumed to be ACM because they contained greater than 10% vermiculite, the materials (including applicable AHERA results) should be re-analyzed via PLM-NOB method to determine if they are ACM or can be considered Non-ACM (with disclaimer issued by the lab);
- Where previous sampling has been conducted and the project has been issued a NTP, and where materials are assumed to be ACM based on containing greater than 10% vermiculite, Construction Management will need to decide on a case-by-case basis whether the assumed materials should be retested using the PLM-NOB method to determine if they are ACM or Non-ACM (with the disclaimer issued by the lab). This could result in considerable SCA savings if the materials assumed to be ACM-containing are found to be Non-ACM.
Impact to End Users New York City School Construction Authority (NYC SCA)
Recently for historical surveys, we are being directed to “Only Analyze for Vermiculite”
Summary & Next Steps…
• NY state does not limit its regulations to the 6 regulated types of asbestos - In court NY would need to defend its position.
• Does NYS DOH have the legal authority to mandate that all vermiculite is ACM?
• Does DOH have the legal authority to mandate the report disclaimer even though a lab has confidence in their results?
• Is the guidance rationally related to a legitimate government objective
• Does their guidance impermissibly conflict with federal laws (or even state laws)
• NY has changed their rules 3 times since 2011
Summary & Next Steps…
Legal Considerations:
• Toxic tort cases are NOT about what is legal to do. They are about safe practices, best practices, best available technology
• Consultants may want to consider beginning to archive all samples
• TEM confirmation on ND & <1% though not required • TEM air samples during VCM Material removal to
establish exposure assessment, Negative Exposure Assessment
Summary & Next Steps…
NYS Final Method?
• Commercial Labs have submitted 4 separate data package submissions to ELAP, Last one in July
• Over 1,000 test have been performed on spiked vermiculite, and spiked fireproofing
• Level I = gravimetric reduction with PLM analysis (basically a 198.6) • Level 2 = gravimetric reduction with PLM and SEM (prep is based on
Addison Davies) • Level 2 matrix removal removes vermiculite, fiberglass and other soluble
material INCLUDING CHRYSOTILE (typically you get a 98% weight loss). True micas do not get removed.
The weak points in their approach are • Level 2 prep destroys Chrysotile • Level 2 uses SEM only, therefore no SAED, asbestos ID not legally defensible
No word from them on when it might be accepted…
Other VCM Rules
Wisconsin Department of Health and Family Services
“If you have vermiculite insulation in your attic, you should assume that the material may contain asbestos. Testing vermiculite insulation for asbestos is not necessary. Vermiculite sold under the name Zonolite originated in Libby, Montana, and should be assumed to contain asbestos.”
Other VCM Rules
WorkSafe BC (the Worker’s Compensation Board) “The amount of asbestos in vermiculite is small (typically 1 to 3 percent) and can be difficult to detect. Vermiculite samples must be analyzed using the EPA laboratory method EPA/600/R-04-004 (Cincinnati Method) which is specific for vermiculite. A qualified consultant will know which laboratories can accurately test vermiculite samples.”
Acknowledgements
Ed Cahill, EMSL Analytical, Inc.
Owen S. Crankshaw, Research Environmental Scientist
RTI International www.rti.org / 919-541-7470 / [email protected]
US EPA, http://www2.epa.gov/asbestos/protect-your-family-asbestos-contaminated-vermiculite-insulation
NYS DOH ELAP, http://www.wadsworth.org/labcert/elap/asbestos.html
USGS, http://pubs.usgs.gov/bul/b2192/
NYS DOL, http://www.labor.state.ny.us/formsdocs/wp/CR56.pdf
Questions?
Thank You For Your Time & Thank You EEI 2014!
Robert J. DeMalo, M.Sc. Senior VP, Laboratory Services & Business Development
EMSL Analytical, Inc. 200 Route 130 N
Cinnaminson, NJ 08077 856-303-2502 / [email protected]
