Clapper, Patti, Schweizer and Mason

The Arsenal Business Center in Philadelphia, Pennsylvania was ordered to stop all construction earlier this month when several alleged violations of the United States Clean Air Act were brought to the attention of the Environmental Protection Agency (EPA).  Inspections by the local Department of Public Health Air Management Services and the EPA between September 2010 and March 2011 found several potential violations concerning the safe removal, transportation, and disposal of asbestos.

The alleged violations occurred during the recent demolition and renovation of several buildings as part of an ongoing renovation project at the jobsite. 

Asbestos is a hazardous material that can cause a wide range of health crises including asbestosis and mesothelioma (an incurable and invariably deadly type of cancer which strikes over 3,000 Americans per year, causing tumors to grow in the lungs or abdominal cavity). 

Unfortunately, it was widely used in thousands of common construction materials before the EPA banned it in the mid-1980s.  Asbestos and asbestos containing materials are regularly found in older public buildings such as schools, offices, and even private homes—mostly during demolition or renovation projects.

Because asbestos is so dangerous and asbestos diseases so deadly, asbestos removal is highly regulated by local, state, and federal organizations.  Any abatement project must follow strict guidelines which include hiring a licensed asbestos abatement contractor, filing reports with various agencies, and taking care to minimize the risk of asbestos exposure before, during, and after the removal process.

The charges brought against Arsenal include:

• Failing to provide adequate notice of demolition/renovation projects involving asbestos
• Failing to wet all regulated asbestos containing material after it was removed from the structures
• Failing to properly dispose of asbestos-containing waste in a timely fashion

The Administrative Compliance Order issued by the EPA on March 30, 2011 mandates that in order to avoid fines, possible prosecution, and even jail time, Arsenal Associates and Hankin Management (a management group who oversaw at least a portion of the reconstruction projects) have to clean up their act.  Not only do they have to catch up on the proper paperwork but they must address the EPA’s concerns before any further work can be done. 

The setback is costly, time consuming, and could potentially damage the company’s public profile but the EPA is primarily concerned with the health and safety of the construction workers, general public, and future residents and patrons of these newly renovated buildings.

While the entire Arsenal Business Center encompasses roughly 1.4 million square feet of industrial and office space in over one hundred buildings (sitting on 86 acres of land) the violations only concerned the northern portion of the Arsenal Business Center—the  area referred to as the “Future Home of the Shopping Center at the Arsenal.”

In addition, Arsenal must perform a comprehensive survey of all asbestos containing materials remaining on the Site, both that which remains in the buildings and that which has already been removed and awaiting transport to ensure there is no possibility of asbestos fibers becoming airborne and causing a public health hazard.  The company also has to present a comprehensive plan to the EPA detailing how they plan on dealing with the remaining asbestos at the jobsite.