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facilities in South Dakota and Nebraska, including the Douglas
Street building. On February 9, 1987, petitioner received
notification that the January testing indicated that the sprayed-on
fireproofing contained 8 to 10 percent chrysotile asbestos and the
ceiling tiles on the parking level contained 26-percent chrysotile
asbestos. This confirmed the St. Paul results.
At the request of Marsh & McLennan, Clayton conducted
extensive additional testing for airborne asbestos-fiber
concentrations in the Douglas Street building. On February 25,
1987, Clayton collected air samples from the building. On April
14, 1987, it issued the results of its survey, which indicated that
the airborne asbestos fiber concentrations present during normal
occupancy of the Douglas Street building ranged from 0.0002 to
0.006 fiber per cubic centimeter of air. The highest level of
airborne fiber concentration at the Douglas Street building (0.006
fiber per cubic centimeter of air) did not exceed either the EPA or
OSHA guidelines. There was, however, the expectation that the
airborne asbestos-fiber concentrations would continue to increase.
Moreover, the asbestos-containing fireproofing at the Douglas
Street Building had characteristics that the EPA had identified as
warranting removal of the material, such as evidence of
delamination, presence of debris, proximity to an air plenum, and
necessity of access for maintenance.
After considering the circumstances, petitioner decided to
remove the asbestos-containing materials from the Douglas Street
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