It’s been some four decades since the federal government banned certain asbestos-containing products and identified the material as a hazardous air pollutant.


Still, the once-ubiquitous material is in countless homes, businesses and public buildings around the nation. While it’s not a health concern if it’s properly maintained and left undisturbed, removing the carcinogen is costly and dangerous.



Because of the expense, some commercial property owners “take the easy way out, the cheap way out,” said David McLeod Jr., special agent in charge with the U.S. Environmental Protection Agency.


Some try to cut costs by hiring unlicensed workers. All employees working with asbestos must be trained and certified.


The EPA recently indicted a Willow Grove man for allegedly hiring day laborers instead of licensed contractors to remove asbestos from a property he owns in Philadelphia.


“We believe the defendant knowingly directed the illegal removal of demolition debris containing asbestos,” said McLeod.


The case, he said, “demonstrates that those who try to make money by breaking the law and damaging the environment will be vigorously prosecuted.”


Asbestos is one of the first hazardous air pollutants regulated under the Clean Air Act. In 1971, the EPA identified it as such and began enforcing laws to protect the environment against the release of asbestos particles into the air.


While McLeod stressed that the EPA doesn’t want to hurt business owners, he said there needs to be “a level playing field.”


“Our intent is never to put anybody out of business. It simply is that if you’re cutting corners, you are creating an unfair advantage,” because the cost of the job is then lower than that of a licensed contractor who does the job properly, said the agent.


Removing asbestos is very labor intensive, and thus “presents a temptation to cheat and save money,” explained Martin Harrell, an attorney with EPA’s criminal enforcement arm.


Federal contractors and others know the dangers of asbestos exposure and know that workers must be trained and licensed, said Harrell.


“When they cheat and cut corners, I don’t have any sympathy for them. They are preying on the unsuspecting,” he added.


Too often, said McLeod, the EPA sees companies hire undocumented workers and either fail to train them or under-train them to work with asbestos.


“We have seen where employees may have questionable documents and also where employers falsified training certificates,” he noted.


In the long run, the illegal work can lead to higher cleanup costs, said McLeod.


Harrell said, the criminal division has between two and four asbestos-related investigations going on at all times.


Although the EPA has fewer investigators than it did several years ago, McLeod said, the agency partners with many other authorities to uncover illegal asbestos activities.


“We have to work smart and often collaborate with criminal investigators from other agencies,” he said.


The EPA works with the FBI, the Department of Labor, the Social Security Administration, the state Attorney General’s Office and others.


“When people violate the (asbestos) law here, they typically have violated laws in other places,” McLeod added.


To uncover illegalities, the EPA also conducts on-site inspections, reviews documents and receives tips.


Dr. David Damsker, director of Bucks County’s health department, said the ill effects of asbestos are well established and deadly.


Long-term exposure to asbestos particles can lead to lung cancer, asbestosis, an inflammation of lung tissue and mesothelioma, a rare form of cancer found in the lining of the lung, chest, abdomen and heart, Damsker explained.


For those who smoke and have prolonged asbestos exposure, the risk of lung disease increases 75 percent, said the doctor.




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