EPA has not established a safe asbestos level in soil

Currently, EPA has not established, under any of its regulatory programs, an asbestos level in soil below which an exposure does not pose a risk.

The 1% cut-off level for regulation under the Toxic Substances Control Act abatement program was established on the basis of analytical capability at the time, and was not established based on the level of risk represented. To the contrary, at Superfund sites in California, EPA Region IX found in certain settings that concentrations of asbestos less than 1% posed unacceptable inhalation risks when subject to disturbance by traffic.

Additional factors from §300.415(b) (2) of the NCP form the basis for EPA's determination of the threat presented, and the appropriate action to be taken:

(iii) Weather conditions that may cause hazardous substances or pollutants or contaminants to migrate or be released; the warmer temperatures and drought conditions the Northeast has been experiencing will contribute to the migration of asbestos-containing soils. As soils dry out, they are more likely to be transported by wind, causing the asbestos to become airborne and available for inhalation. In the spring time, snow melt, rainfall, or other forms of run-off inducing events will tend to spread the contamination further from the Site to the adjacent properties.

(iv) The availability of other appropriate federal or state mechanisms to respond to the release; No other Local, State, or Federal agency is in the position or currently has the resources to independently implement an effective response action to address the on-going threats presented t this Site. EPA will conduct its actions in cooperation with State and local authorities.