-9-
introduced. The returned air is subsequently recycled through the
building. The area between the decking and the suspended ceiling
in the Douglas Street building functioned as the return air plenum.
The top part of the return air plenum, the decking, was one of the
components of the building where asbestos-containing materials had
been sprayed during construction.
Over time, the decking, suspended ceiling tiles, and light
fixtures throughout the building became contaminated. This
contamination occurred because the asbestos-containing fireproofing
had begun to delaminate, and pieces of this material reached the
top of the suspended ceiling.
D. Federal Asbestos Guidelines
In the 1970's and 1980's, research confirmed that asbestos-
containing materials can release fibers that cause serious diseases
when inhaled or swallowed. Diseases resulting from exposure to
asbestos can reach the incurable stage before detection and can
cause severe disability or death. Asbestosis is a progressive and
disabling lung disease caused by inhaling asbestos fibers that
become lodged in the lungs. Persons exposed to asbestos may
develop lung cancer or mesothelioma, an extremely rare form of
cancer.
On March 29, 1971, the Environmental Protection Agency (EPA)
designated asbestos a hazardous substance. The parties have
stipulated that Federal, State, and local laws and regulations at
all relevant times did not require asbestos-containing materials to
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