Did Calderwood linoleum contain regulated asbestos?

Friedman & Schmitt argue that the record does not show that the linoleum removed from the Calderwood Apartments was "regulated asbestos-containing material" (RACM). On this issue, the ALJ held that "EPA did not establish that the material removed [from the Calderwood Apartments] was regulated asbestos." We reject Friedman & Schmitt’s argument and find that the ALJ erred in this holding.

The term "RACM" is defined by the Asbestos NESHAP as follows:

Regulated asbestos-containing material (RACM) means (a) Friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subpart.

Friedman & Schmitt’s Answer to the Complaint admits that the linoleum removed from the Calderwood Apartments was "linoleum containing asbestos." In addition, the June 1996 Report, prepared by Friedman & Schmitt’s consultant (prior to the removal of the linoleum), stated that "All of the asbestos-containing linoleum in the designated apartments of each structure are classified as friable, regulated asbestos-containing materials (RACM)." Gov’t Ex. 5 at 3.

This report specifically referred to Units 7, 22, and 37 with addresses of 2901, 2911, and 2931 Calderwood Lane, which are the buildings referenced in the Region’s Complaint, in paragraph 1. The June 1996 Report sets forth in an attachment the specific test results for the samples taken from the linoleum. Thus, there is ample evidence in the record showing that the linoleum removed from the three Calderwood Apartments was RACM.