LTE Asbestos Newsblog - Welcome and Short History

Welcome to LTE Asbestos Blog!  We hope this becomes a place where our clients can find the newest information on the changing asbestos-in-soil regulations.

By way of a short history lesson, asbestos in soil is currently regulated by the Colorado Department of Public Health and Environment (CDPHE) Section 5.0 of the Regulations Pertaining to Solid Waste Disposal Sites and Facilities. Section 5.0 was hurried into law in 2006 as a result of asbestos-contaminated soil (ACS) discovered during the redevelopment of the Lowry Air Force Base. Prior to 2006, asbestos in soil was not specifically regulated in the State of Colorado.

The 2006 regulations provided for a zero-tolerance policy toward asbestos in soil. The regulations define ACS as “soil containing any amount of asbestos.” This zero tolerance policy, in conjunction with the CDPHE Draft Asbestos-Contaminated Soil Guidance Document (April 2007), has become an expensive burden on land redevelopment in Colorado.

In 2011, CDPHE agreed to hold a series of meetings, the ACS Stakeholder meetings, purportedly aimed at revisiting some of the more burdensome aspects of the 2006 regulations. LTE has partnered with the Regional Transportation District and the City and County of Denver in providing technical assistance to the ACS Stakeholder group in redrafting portions of the 2006 language.

To date, three ACS Stakeholder meetings have been conducted. The next ACS Stakeholder meeting is scheduled for November 30, 2011. LTE has proposed several changes to the regulations that are currently being reviewed by CDPHE.

While the ACS regulations are being debated, it may be prudent for owners of sites that involve ACS to consider the potential ramification of these pending rule changes prior to initiating major decisions on ACS-impacted properties, even if the plans to remediate have already been approved by CDPHE. Due to the severity of the existing law, not much has to change to make dealing with ACS much less burdensome. Although there are always many factors to consider, LTE can help our clients define the best way forward at this time—to proceed with remediation or wait for the final ACS regulation outcome.

If you have any questions or concerns or need help in making these important decision, LTE would like to help. Please contact Susan Borden, LTE Senior Geologist, at 303-962-5493 or 303-250-8514.

Next Week’s Blog:  “The Fight Over Definitions, and Why the Fight is so Important to Our Clients”