Forum discussion

The EPA Pushes Back on Asbestos Criticism

Greetings, Green Gurus:

As unbelievable as it sounds, the Environmental PROTECTION Agency has launched a PR blitz in support of their "new use rule" on asbestos. So the BuildingGreen community needs to push back harder. I'm reposting the links to the letter of opposition that Mary Ann Lazarus put up last week. We definitely need more firms to sign on.

Please forward as well to any firm from the building trade….developers, businesses that lease or buy buildings, firms, engineers, designers- any firm that cares about non-toxic buildings! In the interest of getting a broader base of supporters, the petition will remain open for a little while longer. 

Here's the link to the petition:

https://docs.google.com/forms/d/e/1FAIpQLSelBz_JMWEh8YCUlJVKPV-63izI4r61-8L4l6kt1gdU1OPNQQ/viewform?usp=sf_link 

More info:

General notice:

https://www.epa.gov/asbestos/federal-register-notice-proposed-snur-asbestos

Site with the access portal to comment system:

https://www.regulations.gov/document?D=EPA-HQ-OPPT-2018-0159-0001

And here's a report on the EPA's push-back:

http://thehill.com/policy/energy-environment/400966-epa-pushes-back-on-asbestos-criticisms

Again, please forward to any firm you think may be interested in signing the letter!

Many thanks,

MD

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Thu, 08/16/2018 - 18:22

Thanks for sending this around again, Michael.  The letter is also out to the LFRT.  I will share a few things I’ve learned in my research, as there seems to be a lot of misinformation out there on both sides.  Please jump in if any of you think anything here isn’t right.
  1. Previously banned uses of asbestos, including some building products, should (in theory) remain banned.
  2. New uses of asbestos, including building products for which asbestos has not explicitly been banned, may become acceptable at the EPA’s discretion.  It's the "discretion" part that we're all worried about.
  3. There is general concern in the health/environmental community that this the language of the new “Significant Use Rule” (SNUF) is a slippery slope, leaving a big opening for significant increases in asbestos use.
  4. 55 other countries have banned asbestos completely, but not Russia, the US, China and Canada.
  5. Russia is by far the US’s largest source for asbestos, particularly since Brazil banned mining in late 2017. (This leads to other questions about federal government motivations.)
This letter should be a no brainer.  Please review and sign at your earliest convenience.   Thanks,
Mara     MARA BAUM AIA, LEED Fellow, WELL AP, WELL Faculty Principal  |  Sustainable Design Leader, Health and Wellness   HOK 1 Bush St., Suite 200  |  San Francisco, CA 94104 USA t +1 415 356 8660  m +1 415 691 9782  mara.baum@hok.com
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Thu, 08/16/2018 - 18:42

Mike, Is there a current list of who already signed available?  It would be useful to get buy in.  I get sick to my stomach every time I read about this reversal.  The political nature and sensitivity is still a barrier, while it shouldn't be in this case.  Mara, thanks for the clear and concise summary. I grew up within the uproar in Quebec about Asbestos (70's & 80's), with media, Unions, singers writing songs and advocating publically against Asbestos, especially the impact on the miners.  There is actually a Town named Asbestos in Quebec.  This hits quite close in my case.  I am still baffled that it hasn't been banned in Canada (I believe the Provincial Government has done some regulations on closing the mines in recent years, but unsure).   We need an uproar level on Asbestos from the Media, Governments (Mayors/Governors) and Unions close to the one for recent children immigration outrage.  Where's OSHA? That said, I am hopeful that we can use our transparency movement and tools (specs/HPD) to counter act this reversal. Martine 

Thu, 08/16/2018 - 19:04

Excellent comments, Mara! Thanks for sharing what you have learned. Martine, let me see if I can find a list for you. As of a day or so ago, it only had 121 signatories. Hence the push. - MD

Thu, 08/16/2018 - 19:18

NBBJ has signed. Margaret Montgomery, FAIA, LEED AP BD+C, WELL AP Principal NBBJ 223 Yale Avenue North SEATTLE WA 98109 Direct: 206.223.5230 Mobile: 206.200.4526 www.nbbj.com / @nbbjdesign / http://meanstheworld.co [cid:image001.png@01D4355B.35974870]

Thu, 08/16/2018 - 19:26

I think there is a very low chance of influencing this EPA.  And I think we all need to protect ourselves.  So I think we need a different strategy - self-regulation.  And we should call it just that, as in "as we can no longer depend on the federal government to enact reasonable regulations in service to protecting us, we will now require certain base-line requirements in all of our work." Relatively simple to state and actually required by WELL.  Add the following to your specs:
  • A performance standard: “No asbestos content permitted”.
  • A submittal requirement: “Submit statement from manufacturer attesting to the fact that there is no asbestos content in all submitted materials”.
  • Sections that require this:
    • roofing materials
    • insulation
    • fiber cement products
    • fireproofing coating products
    • vinyl products
  • And get generalized asbestos language into your 01 600 - Product Requirements.  That means that technically all sections are covered.
And try really, really hard to get rid of all PVC in your work.  The primary use of asbestos in the US is as a filter used to separate the pieces of NaCl sodium chloride (salt).  480 tons of asbestos/year comes in for this use, primarily from Russia.  It is all delivered to the Gulf Coast as last time I checked, the Gulf of Mexico was salt-water. Everybody thinks asbestos is banned, like duh - of course it is banned.  The way to fight this is to communicate to the American people via mainstream channels that we are not being protected by this administration. Everyone gets asbestos is bad, all asbestos comes from Russia, so this should be easy - I think we are barking up the wrong tree folks.

Thu, 08/16/2018 - 19:27

Here's the list so far, Martine:   AIA Chicago Anthony Abbate Architect PA Bill Spaulding, Architect Architectural Resource Team Architecture Is Fun, Inc. BC Architects AIA, Inc. Bergmeyer Bestor Architecture blue point architecture BNIM Borrero Architecture Bright Common Brooks + Scarpa Brummitt Energy Associates Inc. Brush Architects llc Campbell Coyle Real Estate Christner Architects Chu + Gooding Architects Civil Design, Inc. CO Architetcs Colorspace Architecture & Urban Design Cowart Group Architects Cuningham Group Architecture, Inc. D+FORM Daniel Villa Architect, LLC Debra Hakimi Derek Rubinoff, Architect Design Team, LLC Development Management Associates, LLC Dietz & Company Architects, Inc. DLB Architect DOSU studio architecture Dreyfuss Construction DSH // architecture Ecoimpact Consulting ESG Architects Eskew+Dumez+Ripple EvaDale Trading EwingCole Farr Associates Fithian Architecture Frederick + Frederick Architects Frederick Fisher & Partners, Architects Furman + Keil Architects G!LL!S Goody Clancy Gregory John Burke | ARCHITECT, PA HED Hellmuth + Bicknese Architects HERA, Inc. HGA Architects HKS höffnerdesignstudio HOK jdai Studio Joe Snider Consulting John Friedman Alice Kimm Architects John Harrison Jones, Architect, AIA Kari Richardson Architect Kipnis Architecture + Planning Kittner & Pate Design Associates Koning Eizenberg Architecture Krueck+Sexton Architects L. E. Martin, AIA Architect Lake Flato Architects Leddy Maytum Stacy Architects Levin & Associates Lighthouse Investments, LLC livinghomes Long Green Specs Lyndan, Inc. M.C. Harry & Associates Mahlum Architects Melissa Kite Desigsn MG2 Michael Singer Studio Moore Ruble Yudell Architects and Planners MSR Design NBBJ OPN Architects organicARCHITECT Payette Pelli Clarke Pelli Architects Pepper Construction Group Perkins Eastman Peter J. Arsenault, Architect Plan-it Green Plant Prefab Pulitzer/Bogard & Associates Pyatok Architects Quist Design Works LLC Rocco Ceo AIA Roslyn Consultants, LLC SGA Design Group Siegel & Strain Architects SPACE Architects + Planners Steven Fichtel Architects Stuart Architecture Studio Ma Sustainable IQ Tao + Lee Associates Tenant Improvement Management Experts, Inc. The American Society of Interior Designers The McIntosh Group, LLC Thornton Tomasetti VMDO Architects Wauters Design Group, LLC Whitlock Design Group WRNS Studio yoshino architecture YouthBuild Boston, Inc.

Thu, 08/16/2018 - 19:35

oh and potting soil - be careful what kind you buy. Vermiculite is the problem, it is frequently contaminated with asbestos, so read the label and avoid that ingredient. And just avoid all talc products. I went looking for the specifics on the Claire's products that had asbestos in them and found this - they declared bankruptcy in March https://www.asbestos.com/news/2018/03/13/claires-bankruptcy-asbestos-makeup/ Generally asbestos = death to all companies. Regardless of what the fed does, no American Company is going to touch this crap with a 100 foot pole. But due to complex supply chains, it might be hidden deep within. This is all about disclosure - Sunlight is the best disinfectant.

Thu, 08/16/2018 - 19:50

Mike, Thanks!!  I already sent out the call for action to my network.  Impressive, but agreed that we need thousands.  This list will help for our firm. Anne, Agreed that transparency will be key.  I was preparing yesterday for a school project community meeting and was expecting this issue would come up (it didn't but may very well come up soon).  My prep and recommendations are in line with your recommendations on specs/HPD, etc.  However, I think we need to act from all fronts, as this reversal could be a really bad precedent.  Regards,  Martine   Martine

Thu, 08/16/2018 - 19:53

MG2 has signed! Cindy Davis Senior Associate MG2 1101 Second Ave, Ste 100 / Seattle, WA 98101 Direct 206-962-6654 / Main 206-962-6500 MG2.com Disclaimer: The contents of this e-mail and any attachment(s) are confidential and the property of MG2. From: Marga

Thu, 08/16/2018 - 19:58

Just signed for Wight & Company. Lois Lois Vitt Sale, FAIA, LEED Fellow Senior Vice President Wight & Company 2500 North Frontage Road Darien, IL 60561630.969.7000 | d 630.739.7514 | m 630.450.1662 | f 630.969.7979 www.wightco.com

Thu, 08/16/2018 - 20:10

While I completely agree with transparency, self-regulation and almost everything else that Anne says (as always!) I don't think we should dismiss the value of the letter.  Clearly we are not going to get the EPA to change their minds, but if COTE and others can leverage this accordingly then we can use this as a messaging tool to manufacturers, state/municipal governments, etc.  The EPA is not the only consumer of this content - not to mention the education/advocacy value of you all sharing this issue with your colleagues/leadership. Mara

Thu, 08/16/2018 - 20:28

Anne- I love the simplicity and directness of the approach you outline for using Specs. Is it really that easy? Have you (or any firms) had projects where they use that approach successfully for asbestos or other nasties? We’ve found removing vinyl from our Specs has taken a good deal of time and we’re not all of the way there yet. -Kjell ................................................................. Kjell Anderson AIA, LEED AP BD + C Associate Director of Sustainable Design LMN 801 Second Avenue, Suite 501 Seattle, WA 98104 T 206 682 3460 lmnarchitects.com<%20lmnarchitects.com%20> Fro

Thu, 08/16/2018 - 20:30

Hi Margaret, I’m getting this message when I try to open the petition – is there any way you can forward a pdf? [cid:image001.jpg@01D43565.52EA41C0] [ARCH | NEXUS] PATTY KARAPINAR AIA, LEED AP BD+C O+M, WELL AP ASSOCIATE DIRECTOR OF SUSTAINABILITY 930 R Street Sacramento, CA 95811 Office 916.443.5911 Mobile 530.306.7296 archnexus.com [Twitter][Facebook][Youtube][LinkedIn] Fro

Thu, 08/16/2018 - 20:50

Hey, Ann Harney: You are 100% correct (as usual) that we have a slim-to-none chance to influence this EPA, and that transparency is the best disinfectant. BUT: I still say "sign the petition" for two reasons. First, we can use this document to lobby Congress to overturn the EPA rule (Congressional Review Act gives them 60 days to act). Second, it's a way for folks to get off the sidelines and be counted. Those hundreds of simultaneous #FreePress newspaper editorials ("Journalists are not the enemy") are not going to change Trump's behavior. But they made for a stirring (and important) counter-point.

Thu, 08/16/2018 - 20:53

EwingCole has signed, a few days back; not that it will help Don M. Jones, FAIA, LEED AP BD+C PRINCIPAL, DIRECTOR OF SUSTAINABLE DESIGN EwingCole Federal Reserve Bank Building 100 N. 6th Street Philadelphia, PA 19106-1590 DIRECT 215.625.4115 TEL 215.923.2020 MOBILE 610.529.5297 FAX 215.574.9163 EMAIL djones@ewingcole.com ewingcole.com

Thu, 08/16/2018 - 21:44

Right on Anne. We signed the letter but I like this approach. Larry Strain, FAIA LEED AP S I E G E L & S T R A I N A r c h i t e c t s 6201 Doyle Street, Emeryville, CA 94608 510.547.8092 x103 fax 510.547.2604 (Enter on 62nd Street) lstrain@siegelstrain.com www.siegelstrain.com

Thu, 08/16/2018 - 21:45

DLR Group just signed!

Thu, 08/16/2018 - 21:46

Kjell; This has come up only once for me personally on a job, it was on a federal project that I remember, and i was told that i had to include specific language indicating no products with asbestos content would be allowed. I just searched through my base docs for the word asbestos and got a lot of hits, so i searched a recent spec and had 13 hits.  What this means is the masterspec files that i use to write my specs contain automatic language in them requiring products be "asbestos-free".  I would guess that your specs have similar language. This language references (in the spec that I looked at):
  • Insulation
  • Asphalt Roofing Cement
  • Adhesive (in roofing systems and mirror mastic)
  • Bituminous coatings and paints
Asbestos is in our world and I would guess that we are using it more frequently than we would like to believe.  So if we add general language to our product requirements sections (01 6000) it covers all sections.  That language needs to say:  "No products containing asbestos."  That way we don't have to be right about where this stuff might show up - Division 1 sections cover everything.   But you need some sort of compliance doc from the Contractor, that is going to be a submittal.  You can call for a submittal re: "no asbestos" in each section, but a better strategy might just to add a tick box on your submittal cover sheet ("I hope they all have one of those" the spec writer mumbles to herself) that says something like "check this box attesting to the fact that this product contains no asbestos". If you do just that simple thing, if asbestos ever shows up in one of your projects the lawyers can show you did your due diligence to avoid the possibility of this happening.  That will hopefully preserve your firm - see previous link to Claire's bankruptcy filing. And step two would be to use only products that have declare labels or C2C cert or HPD's that say noooo asbestos. And step three is sign the letter.  Clearly you all play better in groups than I have or ever will do.  But Long Green Specs signed the letter on the first go around too - I just don't have much faith that is going to make much difference, that is all.

Thu, 08/16/2018 - 22:47

Seriously! Well stated Anne. Self-regulation and group alignment – best tools in the SDL toolbox F

Fri, 08/17/2018 - 14:13

Moseley Architects has signed... and we are getting the ball rolling on "self-regulation and group alignment" around this issue, which I expect are going to be necessary steps for all of us.  Thank you to all of the thoughtful people in this group.  

Fri, 08/17/2018 - 18:54

Stantec has signed Rachel Bannon-Godfrey Discipline Leader – Sustainability, Buildings Mobile: (303) 547-7557 F

Fri, 08/17/2018 - 22:27

Mithun has signed. rich Richard Franko— Partner FAIA, LEED AP (206) 971 5627 mithun.com Mithun/Pier 56 1201 Alaskan Way #200 Seattle, WA 98101 Mithun/Solomon 660 Market Street #300 San Francisco, CA 94104 F

Sun, 08/19/2018 - 03:20

CallisonRTKL has signed… Pablo La Roche PhD LEED AP BD+C Associate Vice President +1 213 633 1194 Direct +1 213 631 6203 Cell [CallisonRTKL-Logo-RGB-01] F

Mon, 08/20/2018 - 13:52

Placetailor signed

Mon, 08/20/2018 - 17:02

Thornton Tomasetti has signed as well. Alejandra Menchaca, Ph.D., LEED AP, WELL AP Senior Associate Thornton Tomasetti 27 Wormwood Street, Suite 200 Boston, MA 02210-1668 T +1.617.250.4100 F +1.617.250.4110 D +1.617.250.4177 M +1.617.999.0274 AMenchaca@ThorntonTomasetti.com www.ThorntonTomasetti.com

Mon, 08/20/2018 - 17:10

Browning Day has signed

Mon, 08/20/2018 - 17:36

SERA has signed. Mark Perepelitza, LEED AP BD+C, AIA
Director of Sustainability & Technical Design
d: 503.445.7305   m: 971.244.3550
o: 503.445.7372

SERA
338 NW 5th Ave., Portland, OR 97209
Portland + San Mateo
seradesign.com

Mon, 08/20/2018 - 18:00

Ennead has signed

Mon, 08/20/2018 - 18:00

Davis Partnership signed

Mon, 08/20/2018 - 18:04

As has HGA Lisa Fay Matthiessen HGA M 310.345.9623

Mon, 08/20/2018 - 18:57

DLR Group just signed!

Mon, 08/20/2018 - 19:46

Excellent! Sixteen new signatures since last Thursday. Way to go. Thanks to all. - MD

Mon, 08/20/2018 - 19:57

FXCollaborative has signed.    Jais Kwon, LEED AP BD+C, CPHC
Sustainable Design Specialist
FXCollaborative Architects LLP
22 West 19 Street, New York, NY 10011, USA
D +1 646 292 8210 | T +1 212 627 1700
jkwon@fxcollaborative.com | www.fxcollaborative.com

Mon, 08/20/2018 - 20:09

COOKFOX has signed. 

Tue, 08/21/2018 - 06:02

BAR has signed. Mark Kelly  |  AIA, LEED AP BD+C  |  Associate Principal, Director of Sustainability (415) 293-7146 | mkelly@bararch.com
901 Battery Street, Suite 300 | San Francisco, CA 94111
T. (415) 293-5700  www.bararch.com  

Tue, 08/21/2018 - 14:26

MDS has signed the petition. Nereyda Rodriguez Miller Dyer Spears, Inc. 99 Chauncy Street Boston, MA 02111  

Thu, 08/23/2018 - 14:10

CannonDesign has signed.

Thu, 08/23/2018 - 14:23

HMFH Architects has signed! 

Thu, 08/23/2018 - 15:23

Architectural Nexus has signed.  Thank you Michael!

Thu, 08/23/2018 - 16:05

CambridgeSeven has signed. Douglas Flandro, LEED AP BD+C, ID+C CambridgeSeven 1050 Massachusetts Avenue Cambridge, MA 02138 p: 617.492.7000 x263 c: 617.858.6687 www.cambridgeseven.com facebook instagram twitter linkedin

Thu, 08/23/2018 - 16:43

Ellenzweig has signed. Carolyn Day, AIA, LEED AP BD+C Associate | Sustainability Coordinator ELLENZWEIG ARCHITECTURE | PLANNING 230 Congress Street Boston, MA 02110 Office 617.491.5575 Fax 617.868.2318 day@ellenzweig.com www.ellenzweig.com

Thu, 08/23/2018 - 21:38

 DIALOG has signed!

Fri, 08/24/2018 - 02:24

SWBR has signed!

Fri, 08/24/2018 - 15:59

Hacker has signed. Audrey Alverson LEED Green Assoc. Director of Marketing Associate Hacker o 503-227-1254 d 503-972-5363 hackerarchitects.com

Tue, 08/28/2018 - 23:22

Opsis has signed Heather DeGrella AIA, LEED AP BD+C, EAC-PS | sustainable design director, senior associate | opsis architecture LLP | o:503.525.9511 d:503.943.6228 | www.opsisarch.com

Thu, 08/30/2018 - 17:59

Lord Aeck Sargent has signed.   -Jim Jim Nicolow, FAIA Principal, LEED Fellow LORD AECK SARGENT A KATERRA COMPANY D +1 808 379 3465 | C +1 404 226 8435 LordAeckSargent.com | Facebook | Twitter | LinkedIn | Instagram

Thu, 08/30/2018 - 20:46

Arrowstreet has signed _____________________________________ Nicole Voss, AIA, LEED Green Assoc. Associate 617.666.7013 Direct 617.233.9253 Mobile Arrowstreet 10 Post Office Square Suite 700N Boston MA 02109 _____________________________________ www.arrowstreet.com Follow us on Twitter | Facebook | LinkedIn

Thu, 08/30/2018 - 20:51

Weber Thompson has signed. -Myer

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