For More Information Contact     Brian Button 515-281-7832

DES MOINES -- The Department of Natural Resources issued a notice of violation to Enviro Safe Air for allegedly failing to properly remove asbestos containing materials from the Old Capitol Building in Iowa City.

The state says that Enviro Safe Air used improper asbestos removal practices and did not follow emission control procedures set to prevent fiber release. The state also alleges that a trained supervisor was not on site during asbestos removal the morning the fire occurred.

Enviro Safe Air used heat guns and an open flame torch to heat asbestos-containing material during the removal process. Federal rules require that asbestos material is kept wet to prevent fiber release. Clean Air Act guidance specifies that using open flame to remove asbestos is not proper procedure to ensure the material is adequately wet.

A violation notice documents the evidence that the state has and can lead the way for further legal action. DNR officials will meet with Enviro Safe Air to discuss the notice of violation and to make a decision on further enforcement action that could include a monetary penalty. The meeting will be scheduled sometime after the New Year’s holiday.

The DNR has been working with the State Fire Marshall, who has the lead role in the fire investigation. The DNR action solely deals with the asbestos removal procedures and does not prevent other parties from taking action for the fire and associated damage.

Asbestos poses no risk if the material is in good condition and undisturbed, however construction and demolition activity can crush, grind and pulverize asbestos and release the cancer-causing fibers into the air. Before asbestos materials are disturbed during construction and demolition, the materials must be properly removed under the National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations for asbestos.

Asbestos is a known to cause cancer and is considered a hazardous air pollutant under the Clean Air Act.