Preview
Filing fr 16276532 Electronically Filed ()7 23 2()l4 05:59:59 PM
IN 'I`I-IF CIRCUIT COURT OF TI.Il:
I3'III.I JLIDICIAI- CIRCUIT IN ANI) FOR
1-n1.1.sBoRouGr-1 C()L;N'IIY_ I"I..ORII).»'\
ASBFSTOS mv1sloN
GARY L. HAMI"ll()N.
MARY I.I.'f\MI"IION. his wiki%. and CASE NO.: I3-(.'A-()0974I (Z)
JASMINE IIAMPTON. adopted minor,
PIaintiW9.
-V$-
I`ORI) MOTOR CQMPANY. el al..
Defendants.
J'
I
PLAINTIFFS' MOTION FOR JUDICIAL NOTICE
COMF NOW . l'laintillls,by and through the undersigned counsel, move the Court
pursuant to Florida Statute §§ 90.20° and 90.203 to take .judicial notice of the attached document
published by the United States Department ollllealth and Human Services (".l.ll.lS"): IF' Report
on Carcinogens, Public Health Service. National Toxicology Program (201 l ). See.
Plaintiffs intend to rely on this document at trial and. in support old this request, I'laintiflls state
the tbllowing:
l. Florida Rule of Evidence 00.20215) gives the Court authority to take judicial
notice 011 "Oflicial actions of the legislative. executive, and judicial departments old the United
States..." Furthermore. Florida courts may take judicial notice old publications olladministt'ative
agencies. See. Wencel v. State, 915 So. ad 1270. 1272 (.l;.la. 4"' DCA 2005) (Taking judicial
notice old. "an official action by an administrative arm of the executive branch."`); see also.
Dvkes v. Ouincv Tel. Co., 539 So. ad 503 (Fla. lsr DC/\ 1989) (suggesting that court could take
judicial notice of ordcrs of administrative agencies).
I
07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 1
7. Pursuant to Florida Rule of Fvidence 90.203(2) a, "court shall take judicial notice
of any matter in § 90.202 when a pony requests it and furnishes the coin with sufficient
information to able it to take judicial notice of the matter."
3. HHS is listed as an agency of the federal executive branch of the United States of
America. See. "Federal Executive Branch" from Official l..l.S. Government Web Portal. attached
as Exhibit B.
4. Section 30 l (b)(4) of the Public Health Service Act. as amended. provides that the
Secretary, (HHS). shall publish a biennial report (Repos on Carcinogens) that contains a list of
all substances (I) which are known to be human carcinogens, and (2) to which a significant
number of persons residing in the United States are exposed.
5. The referenced document: r.2'*'Report on Carcinogens, is a Congressionally
mandated HHS publication and. as such. is an "official action" ot'an executive department of the
United States.
Wl{FRFFORF, Plaintiffs respectfully request that this Honorable Court take judicial
notice of the doc utnent attached hereto and listed above.
'v
07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 2
Respectfully submitted,
THF FFRRARO LAW HRM. P.A.
Attorneys./élr I'/ainliffk
600 Brick ell Avenue, Suite 3800
Miami. Florida 33131
Telephone (305) 375-01 l l
Facsimile (305) 379-6222
BY:
DAVID A. JAGoL.INz1=R. FSQ.
Florida Bar No.: 181 153
MARC' p_ KUNEN. FSQ.
Florida Bar No.: 91 781
cI-;R1.1I=ICA1'r: OF SERVICE
I HEREBY CFRTIFY that a true and correct copy of the foregoing was served
electronically on counsel of record via File & ServeXprcss this 23" day olIJuly, 2014.
'I`I-IF FFRRARO LAW FIRM, l'.A.
.4!lurl1¢'.1-'.v./br P1ainIi[i3.
600 Brick ell Avenue. Suite 3800
Miami, Florida 33 l 31
`llelepl1one (305) 375-01 ll
Facsimile (305) 379-6222
BV:
DAVID A. JAGOl.lNZlfiR. FSQ.
Florida Bar No.: 18] 153
MARC P. KUNEN, FSQ.
Florida Bar No.: 9] 781
07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 3
EXHIBIT A
07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 4
|--»»~.-==»». u.19 . r »
Report on Carcinogens
Twelfth Edition
2011
U.S. Department of Health and Human Services
Public Health Service
National Toxicology Program
07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 5
Substance Profiles Axbesfcs
ach, and coiorectum (NAS 2006). 'I he IGM did not review studies
Stdnmaus{,Yuan\2 Bates MM, Smith AH. 2003. (asc-comrd stuuiyaf ixladder rancef and drinking water
arsenic in the western Unit!!! sum.Am ffpidemiol15893: 1193-1201.
on hang cancer and mesnthelioma.
Sldzli Puefa E. Kai! B, Cfabie B, Fisher E, Ranganathan M, Wnfmn L, Baku R 2097. Bionamformatian of
3-nitm-4-fhydroxybenwxe manic acid (roxarsone) and reieass d incfgadc Msenic byCfosmkiivmspedex
Cancer Studies in Experimental Animnis
Environ Ski Technol41 (3): 818-123.
All commercial forms of asbestos have been shown ta cause cancer
nu. 2909. ml Explorer (helical Repay.U.5. Environmental Protection Agency, Last updated: 389109.
Imp:f/www.epa.govl!riexplore1 HK! select Arsenic. in several species of experimental animals by various routes ofcxpu-
sure (IARC i977, 1987). Inhalation exposure to chrysotile, crocidolite,
USGS. 2091. Efound-Water Studies m Fnhbnnks, Alaska--A Bane/ Undecstand§n9m' Sum: of the United
am site, anfhophyllite, or trernolite caused mesothelioma and lung
Srates'Hi9best Hamm! Arseniclbnrenlramnx. U.S. Gedogkal Survey. hrxpzl/puhxusgsgov/fs/fx-01 1 1-
01/r3-an mn Mf- cancer (carcinoma) in rats. lntrapleural injection of various types of
USGS. 10419. Arsenic sminirs. mHgjfpfkgl Sfatktia for Mincmf and Material Camsnmirfes in the United
asbestos caused mesothelioma in rats and hamsters, and intraperito-
States.U.S. Geological Survey. Last updami: 3/1 1/99. http:liminera!s\usgs.gnvlds/2805/146/afsenicwf.
neal injection of chrysotile, crocidolite, or am site caused peritoneal
tumors, including mesothelioma, in mice and rats. The incidence of
Asbestos abdominal tumors was increased by intraperitoneal injection of cro-
cidolite in hamsters and actinolite or tremolite in rats. When filter
caps No. 1332-21-4 material containing chrysotile was added to the diet of rats, the over-
all incidence of malignant tumors (including kidney, lung, and liver
Known to be a human carcinogen
tumors) was increased. Qral administration of am site, tremolite, or
First listed in the First Annual Recon on Carcinogens (1980) crocidolite did not cause tumors in rats, nor did oral administration
of a mosite or chrysotile in hamsters (NTP 1985, IARC 1987). Dietary
Carcinogenicity administration of chrysotile asbestos Hoers of short or intermediate
Asbestos and all commercial forms of asbestos are known to be hu-lengths did not cause tumors in female rats, but dietary exposure to
the intermediate length tubers resulted in a low incidence of benign
man carcinogens based rm sufficient evidence of ca rci rmgenicitv from
studies in humans. adenomatous polyps of the large intestine in male rats (NTP 1985).
Asbestos and the polycyclic aromatic hydrocarbon henzolal-
Cancer Studies in Humans pyrene administered alone by intratracheal injection did not cause
Studies in humans have shown that exposure t<) asbestos causes tumors in rats, but when co-administered caused lung tumors and
respiratory-tract cancer, mcsnthelinma of the lung and abdominal mesothelioma (IARC 1977). Synergistic effects on tumor induc-
cavity (pleural and peritoneal mesothelioma), and cancer at other tis-
tion also were observed following co-administration of asbestos and
sue sites. Case reports and epidemiological studies have found that
benzolakayrene or asbestos and N~nitroscdiethylan1ine to hamsters
llAllC 1987).
occupational exposure to chrysotile. am site. anthophyllite, mixtures
containing crocidolite, and various complex mixtures of asbestos in-IARC (l97'?, 1987) concluded that there was sufficient evidence
in experimental animals for the carcinogenicity of asbestos, includ-
creases the risk no lung cancer (the various forms of asbestos are
ing the following forms: actinolite, am site, anthophyllite, chrysotile,
identified and described below, under Properties). 'llxe risk of lung
cancer was increased up to six fold in vermiculite miners exposedcrocidolite, and tremolite. Since asbestos was reviewed for listing
in the Hrs! Annual Report on Carcinogens and by IARC, intrabron-
to tremolite am! aetinolite. Mesothelioma and digestive-tract can-
chial instillation of eh rysotile has been shown to cause pulmonary
cer were observed in workers occupationally exposed to crocidolite,
and pleural mesothelioma in rats (Fiske 1988).
am site. and chrysotile; however. the results for digestive~tract can-
cer were inconsistent among studies. An excess of laryngeal cancer
Properties
was reported in studies of shipyard workers. chrysotile miners, insu-
Asbestos is the generic name for a group of six naturally occurring
lation workers, and other workers exposed to asbestos. People living
Gbrous silicate minerals, including the fibrous serpentine mineral
near asbestos factories or mines or living with asbestos workers also
developed m esothelioma. However, no clear association was found chrysotile and the five fibrous amphibole minerals acrinolite. am site,
between cancer risk and exposure to asbestos in drinking water. Co-
anthnphyllite, croc idolite, and tremolite. Asbestos minerals possess
a number of progenies useful in commercial applications, includ-
exposure to asbestos and tobacco smoking increased the risk of lung
ing heat stability. thermal and electrical insulation, wear and friction
were multiplicative, rather than additive). The international Agency
characteristics, tensile strength, the ability to be woven, and resis-
tance to chemical and biological degradation. 'lye forms are ranked
for Research on Cancer concluded that there was sufficient evidence
for the carcinogenicity of asbestos in humans (IARC 1977, 1987). from greatest to least tensile strength as follows: crocidolite, chrys-
otile, am site, anthophyllite, tremolite, and actinolite. Their ranking
Since asbestos was listed in the First Annual Report on Carcirm-
from greatest tm least acid resistance is tremolite, a nth ophyllite, cro-
gens,the evidence for the carcinogenicity of asbestos has been reeval-
uated by the Institute of Medicine (IGM) co the National Academy cidolite, aetinolite, am site, and chrysotile. The forms that have been
of Sciences in 2006 (NAS 2006) and by IARC in 2009 (Strait et al.used commercially are chrysotile, anthnphyllire, arnosite, and crocid-
olite (IARC 1977, ATSIJR 2(}Ol, HSDB 2009).
2909). IARC concluded that exposure to all forms of asbestos (chrys-
ntile, croc idolite, amnsitc, tremolite, actinolite, and anthophyllitel
Chrysotile, the most abundant form of asbestos in industrial appli-
was associated with an increased risk of lung cancer and mesothc~cations, occurs naturally in liver bundle lengths ranging from several
millimeters to over 10 cm (Virta 20U2a). Chrysotile has an idealized
lima. in addition, it concluded that there was sufficient evidence
from epidemiological studies that asbestos also caused cancer of the
chemical composition of 1vlg3Si;,()5(C)H)4 and occurs as a curled sheet
silicate, which wraps around itself in a spiral, forming a hollow tu-
larynx and ovary, as well as limited evidence that it caused cancer
of the colorcctum, pharynx, and stomach. In general, these conciu-
bular liver. The hydroxyl group may, rarely, be replaced by oxygen,
sions were consistent with the lOM evaluation, which found suffi-fluorine, or chlorine. In addition, small amounts of iron, aluminum,
cient evidence that exposure to asbestos caused cancer of the larynx
nickel, calcium, chromium, manganese, sodium, or potassium may be
present as impurities. Natural ehrvsotiles occur with a range of phys-
and suggestive evidence that it caused cancer of the pharynx, stom-
Report on Carcinogens,Ywelfrh Edition 53
07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page
Asbestos Substance Profiles
cal properties. Chrysotiles may be white, gray, green. or yellowish,The tour commercially important forms no asbestos have been
with a silky luster. Although chrysotile tubers are more Hexible than
chrysotile, nmosite. anthophyllite, and crocidolite (IARC 1973); how~
the amphiboles, fibers from different geological locations may differ
ever, commercial use of anthophyllite was discontinued by the 1980s
in flexibility. Chrysotile tubers have a net positive surface charge and
(IPCS 1986, H5378 2009). Chrysntile, am site. and particularly crocid-
form a stable suspension in water. The fibers degrade in dilute acids
olite all have extremely high tensile strengths and are used extensively
(IARC 1973, 1977, ll'CS 1986). as reinforces in cements, resins, and plastics. Although chrysotile
'lie amphibole forms of ashestos consist of chain structures, with
is most adaptable to industrial use, crocidolite and am site are par-
nine structural sites that accommodate captions. Amphibole crystals
ticularly useful in combination with chrysotile for adding specific
consist of two chains based on Si4011 units, linked by a band of cat-
properties, such as rigidity (OSHA 1986). By the 19905. chrysotile
ions. The principal captions are magnesium, iron, calcium, and so-
accounted for more than 99% of U.S. asbestos consumption (ATSDR
dium, and their ratios determine the mineral species. 'lye chemical
2001). By 2008, chrysotile was the only type of asbestos used in the
composition and physical properties vary over a wide range, and the
United States (Vista 2008); 64% of chrysotile used was categorized
chemical composition offield sample seldom matches the idealized as grade 7 asbestos (with fiber lengths less than 3 mm), lbllowed by
formula. Amphibole fibers do not divide into fibrils as small in di-
grades 4, 5, and 3 (Virta 2002a, 2009).
ameter or as symmetrical as chrysntile fibers, and they do not have in 1973, when U.S. consumption of asbestos was at its peak, the
a hollow central core. 'they have a negative surface charge in water
major markets included asbestos cement pipe (24%), flooring (22%),
(WCS 1986, HSDB 2009). roofing (996), friction products, such as automobile brakes and
Arno site is ash gray, greenish, or brown and is somewhat resis-
clutches (896), and packing and gaskets (396) (Vista 2002a). in 2009,
tant to acids. it tends to occur with more iron than magnesium, at a
roofing products accounted for about 65% of U.S. consumption; the
ratio of approximately 5.5 to 1.5. The fibers are long, straight, coarse,
remaining 35% was attributed to "other uses" (USGS 2010).
and somewhat flexible (less so than chrysotile or crocidolile) (IARC
1973, 1977, IPCS 1986). Production
Anthophyllite is grayish white, brown-gray, or green and is very
U.S. demand for asbestos increased dramatically from 1900 to the
resistant to acids. it is relatively rare and occasionally occurs as a con-
early 1970s. By 1950, the United States was tie world's largest user
taminant in talc deposits. The fibers are short and very brittle (IARC
of asbestos. However. asbestos demand declined rapidly after 1973
1973. 1977, W CS 19861. stealth and liability issues became apparent (Vista 2002a). Before
Crccidolite is lavender or blue and has good resistance to acids,
the 19805. asbestos was produced in California. Arizona, Nonli Car-
olina, and Vermont; however, most of these facilities suspended min-
but less heat resistance than other asbestos fibers. Its fibers typically
are shorter and thinner than those no other amphiboles, but not as
ing operations in the 1970s, and the last U.S. asbestos mine closed
thin as chrysotile libbers. The fibers have fair to good flexibility and
in 2002 (ATSDR sum, Wrta 20021>). U.S. production of asbestos de-
fair spin ability. Crocidolitc usually contains organic impurities, in-
creased from a high of 136,000 metric tons (300 million pounds) in
cluding low levels no polycyclic aromatic hydrocarbons (IARC 1973,
1973 to 2,720 metric tons (6 million pounds) in 2002 (USGS 2009).
197/, IPCS 19261. U.S. asbestos consumption declined from a maximum of 803,000
metric tons (1.8 billion pounds) in 1973 to 715 metric tons (1.6 mil-
Tremolite is a calcium-magnesium amphibole, and actinolite is an
iron-substituted derivative of tremolite. Both occur in asbestos and
lion pounds) in 2009 (USGS 2009, 2010). In 2010, two U.S. suppliers
non-asbestos forms. Tremolite is a common contaminant in chrys- of asbestos were identified (Cher Sources 2009). Most oi the asbes-
orile and tak: deposits, and actinolite is a common contaminant in
ms used in the United States is imported from Canada (Vista 2008).
am site deposits. Tremolite is white to gray, and actinolite is pale to
U.S. imports of asbestos peaked in 1973, at 718,000 metric tons (1.6
dark green. Both are brittle; tremolite is resistant to acids, but actin-
billion pounds) and totaled 715 metric tons (1.6 million pounds) in
olite is not (IARC 1977, IPCS 19861. 2009 (USGS 2009, 2010). U.S. asbestos exports peaked in i981 at
64,400 metric tons (142 million pounds). declining to 55 metric tons
Use (121,000 pounds) in 2009.
Although asbestos use dates back at least 2,000 years, modern in-
Exposure
dustrial use began around 1880. Use of asbestos peaked in the late
'I he primary routes of potential human exposure to asbestos are in-
19605 and early 19705, when more than 3,008 industrial applications
or products were listed. Asbestos has been used in rooting, ther-halation and ingestion. Derma! absorption of asbestos is minimal,
but dermal contact may lead to secondary ingestion or inhalation
mal and electrical insulation, cement pipe and sheets, flooring, gas-
of dust. Asbestos fibers vary with respect to size (length and diame-
kets. friction materials, coatings, plastics, textiles, paper, and other
products (ATSDR 2w1, HSDB 2089). 'lye U.S. Consumer Product ter) and chemical composition. 'these differences are known to affect
Safety Commission banned use of asbestos in general-use garments,deposition, movement, and clearance from the body and carcino-
genic potency. Fiber diameter is the most important factor affect-
but asbestos may be used in fire-lighting garments if they are con~
ing penetration and deposition in the lungs. Thin fibers have the
strutted to prevent release of asbestos Haters (HSDB 2009). Domes-
greatest inhalation potential and deposit deep within the lungs. Fiber
tically used asbestos fibers are classified into seven quality categories
length, surface chemistry, and other properties affect biological ac-
or grades. Grades l, 2, and 3 include the longer, maxi mixnv streiigth
tivity. Fibers longer than 8 pm with a diameter of less than 1.5 nm
fibers and generally are used in the production of textiles, electric
cal insulation, and pharmaceutical and beverage alters. Grades 4, 5.
are the most potent carcinogens (IPCS 1986).
and 6 are medium-length libbers used in the production of asbestos- Asbestos is released to the environment from both natural and an-
thropogenic sources and has been detected in indoor and outdoor air,
cement pipes and sheets, clutch facings, brake linings, asbestos paper,
soil, drinking water; food, and medicines. Because asbestos products
packaging, gaskets, and pipe coverings. Grade 7 includes short fibers
generally used as reinforces in plastics, floor tiles, coatings and com-
were used so widely, the entire U.S. population potentially is exposed
pounds. some papers, and roofing fells (OSHA 1986). to some degree; however, the potential for exposure continues to de-
cline, because asbestos mining has stopped, and asbestos products are
54 Report an Cbfcinogens, Twelfth Edition
07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 7
vma»¢<¢<»
Suéssmnce Pro19les
Ashes tos
being eiiminatcd from the market. Releases from asbestos materials
Water Guwffty(criteria:Based on dish or shellfish and water cunswnption = 7 moon Mess per iker.
in buildings and vehicle brake linings accmmt fm' substantial emis-
Comprehensive EnvironmenfaiResponse, Compensation, and Liability Act
sians of asbesms into the air. Demolition of buildings with asbestos
Reputable quantity (HG) = I if.
insulation or fireproofing may cause high atmospheric concentrations
Emergency Planning and Community Rignr-To-Know Act
for relatively short periods. Environmental asbestos concentrations
forks RL-kmInventory; Listed substance subject to reporting requifemmts
vary widely; therefore, it is not possible to accurately calculate hu-
Safe Drinking Water Act
man exposure levels except on a sito-by-site basis. People may be ex-
Maximum wntaminam level (mu = 7 mIIIim\ fibers per liter fm fxhers icngm than no sm
posed to higher-than-average levels of asbestos in air if they live near
Toxic Substances Canrroi Air
asbestos-containing waste sites or asbestos-related industries, if they
Rules have been established for imlentifying, analyzing, and Sispnsing of asbestos found in schoais. and
use asbestos-containing products, er if they live or work in buildings
prohibitions on me manufmufing and impact m' ashesms pmduns have been esxahlishai.
with deteriorating asbestos insulation or that have undergone poorly
MineSafetyand Heafrh Administration
performed asbestos removal (ATSDR 2001). in the past, families of
Pefmissibk exposure limit (PEL) for miners (surface am! underground mf, metal. and nonmeul
asbestos workers potentially were exposed to high fiber levels from mines): M¥~sM\ iimii = cu nun/mé (8-h timweeighled average); excursion limit =
contaminated clothing brought home for laundering. People living 1 nw/~
taining asbestos insulation, an the other hand, were comparable to
diameter fans no ar feast 3 to 1.
those of individuals with no known occupational exposure to asbes~
Comprehensive stamierds f<>r ocrupatiana! #exposure to asbestos have Men developed.
we (IARC 1977. Roggli and Longo 1991).
According to the U.S. Environmental Protection Agency/'s Tox- Guidelines
ics Release inventory, almost al! environmental releases of asbestos
American Conference of Govemmenta! Industrial Hygienic as (ACGIH)
are to landfills. Reported releases declined about 80% from 1988 to
fhreahaht iémif value - !imf:-weighted average fwfwa) = 81 xespérabie fibez/cz (era3s.usgs.
gnv/minerais/pubsiiommQdityfasbestos/mcs~?<31G-ashes.p
07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 11
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Preview
Filing fr 16276532 Electronically Filed ()7 23 2()l4 05:59:59 PM IN 'I`I-IF CIRCUIT COURT OF TI.Il: I3'III.I JLIDICIAI- CIRCUIT IN ANI) FOR 1-n1.1.sBoRouGr-1 C()L;N'IIY_ I"I..ORII).»'\ ASBFSTOS mv1sloN GARY L. HAMI"ll()N. MARY I.I.'f\MI"IION. his wiki%. and CASE NO.: I3-(.'A-()0974I (Z) JASMINE IIAMPTON. adopted minor, PIaintiW9. -V$- I`ORI) MOTOR CQMPANY. el al.. Defendants. J' I PLAINTIFFS' MOTION FOR JUDICIAL NOTICE COMF NOW . l'laintillls,by and through the undersigned counsel, move the Court pursuant to Florida Statute §§ 90.20° and 90.203 to take .judicial notice of the attached document published by the United States Department ollllealth and Human Services (".l.ll.lS"): IF' Report on Carcinogens, Public Health Service. National Toxicology Program (201 l ). See. Plaintiffs intend to rely on this document at trial and. in support old this request, I'laintiflls state the tbllowing: l. Florida Rule of Evidence 00.20215) gives the Court authority to take judicial notice 011 "Oflicial actions of the legislative. executive, and judicial departments old the United States..." Furthermore. Florida courts may take judicial notice old publications olladministt'ative agencies. See. Wencel v. State, 915 So. ad 1270. 1272 (.l;.la. 4"' DCA 2005) (Taking judicial notice old. "an official action by an administrative arm of the executive branch."`); see also. Dvkes v. Ouincv Tel. Co., 539 So. ad 503 (Fla. lsr DC/\ 1989) (suggesting that court could take judicial notice of ordcrs of administrative agencies). I 07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 1 7. Pursuant to Florida Rule of Fvidence 90.203(2) a, "court shall take judicial notice of any matter in § 90.202 when a pony requests it and furnishes the coin with sufficient information to able it to take judicial notice of the matter." 3. HHS is listed as an agency of the federal executive branch of the United States of America. See. "Federal Executive Branch" from Official l..l.S. Government Web Portal. attached as Exhibit B. 4. Section 30 l (b)(4) of the Public Health Service Act. as amended. provides that the Secretary, (HHS). shall publish a biennial report (Repos on Carcinogens) that contains a list of all substances (I) which are known to be human carcinogens, and (2) to which a significant number of persons residing in the United States are exposed. 5. The referenced document: r.2'*'Report on Carcinogens, is a Congressionally mandated HHS publication and. as such. is an "official action" ot'an executive department of the United States. Wl{FRFFORF, Plaintiffs respectfully request that this Honorable Court take judicial notice of the doc utnent attached hereto and listed above. 'v 07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 2 Respectfully submitted, THF FFRRARO LAW HRM. P.A. Attorneys./élr I'/ainliffk 600 Brick ell Avenue, Suite 3800 Miami. Florida 33131 Telephone (305) 375-01 l l Facsimile (305) 379-6222 BY: DAVID A. JAGoL.INz1=R. FSQ. Florida Bar No.: 181 153 MARC' p_ KUNEN. FSQ. Florida Bar No.: 91 781 cI-;R1.1I=ICA1'r: OF SERVICE I HEREBY CFRTIFY that a true and correct copy of the foregoing was served electronically on counsel of record via File & ServeXprcss this 23" day olIJuly, 2014. 'I`I-IF FFRRARO LAW FIRM, l'.A. .4!lurl1¢'.1-'.v./br P1ainIi[i3. 600 Brick ell Avenue. Suite 3800 Miami, Florida 33 l 31 `llelepl1one (305) 375-01 ll Facsimile (305) 379-6222 BV: DAVID A. JAGOl.lNZlfiR. FSQ. Florida Bar No.: 18] 153 MARC P. KUNEN, FSQ. Florida Bar No.: 9] 781 07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 3 EXHIBIT A 07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 4 |--»»~.-==»». u.19 . r » Report on Carcinogens Twelfth Edition 2011 U.S. Department of Health and Human Services Public Health Service National Toxicology Program 07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 5 Substance Profiles Axbesfcs ach, and coiorectum (NAS 2006). 'I he IGM did not review studies Stdnmaus{,Yuan\2 Bates MM, Smith AH. 2003. (asc-comrd stuuiyaf ixladder rancef and drinking water arsenic in the western Unit!!! sum.Am ffpidemiol15893: 1193-1201. on hang cancer and mesnthelioma. Sldzli Puefa E. Kai! B, Cfabie B, Fisher E, Ranganathan M, Wnfmn L, Baku R 2097. Bionamformatian of 3-nitm-4-fhydroxybenwxe manic acid (roxarsone) and reieass d incfgadc Msenic byCfosmkiivmspedex Cancer Studies in Experimental Animnis Environ Ski Technol41 (3): 818-123. All commercial forms of asbestos have been shown ta cause cancer nu. 2909. ml Explorer (helical Repay.U.5. Environmental Protection Agency, Last updated: 389109. Imp:f/www.epa.govl!riexplore1 HK! select Arsenic. in several species of experimental animals by various routes ofcxpu- sure (IARC i977, 1987). Inhalation exposure to chrysotile, crocidolite, USGS. 2091. Efound-Water Studies m Fnhbnnks, Alaska--A Bane/ Undecstand§n9m' Sum: of the United am site, anfhophyllite, or trernolite caused mesothelioma and lung Srates'Hi9best Hamm! Arseniclbnrenlramnx. U.S. Gedogkal Survey. hrxpzl/puhxusgsgov/fs/fx-01 1 1- 01/r3-an mn Mf- cancer (carcinoma) in rats. lntrapleural injection of various types of USGS. 10419. Arsenic sminirs. mHgjfpfkgl Sfatktia for Mincmf and Material Camsnmirfes in the United asbestos caused mesothelioma in rats and hamsters, and intraperito- States.U.S. Geological Survey. Last updami: 3/1 1/99. http:liminera!s\usgs.gnvlds/2805/146/afsenicwf. neal injection of chrysotile, crocidolite, or am site caused peritoneal tumors, including mesothelioma, in mice and rats. The incidence of Asbestos abdominal tumors was increased by intraperitoneal injection of cro- cidolite in hamsters and actinolite or tremolite in rats. When filter caps No. 1332-21-4 material containing chrysotile was added to the diet of rats, the over- all incidence of malignant tumors (including kidney, lung, and liver Known to be a human carcinogen tumors) was increased. Qral administration of am site, tremolite, or First listed in the First Annual Recon on Carcinogens (1980) crocidolite did not cause tumors in rats, nor did oral administration of a mosite or chrysotile in hamsters (NTP 1985, IARC 1987). Dietary Carcinogenicity administration of chrysotile asbestos Hoers of short or intermediate Asbestos and all commercial forms of asbestos are known to be hu-lengths did not cause tumors in female rats, but dietary exposure to the intermediate length tubers resulted in a low incidence of benign man carcinogens based rm sufficient evidence of ca rci rmgenicitv from studies in humans. adenomatous polyps of the large intestine in male rats (NTP 1985). Asbestos and the polycyclic aromatic hydrocarbon henzolal- Cancer Studies in Humans pyrene administered alone by intratracheal injection did not cause Studies in humans have shown that exposure t<) asbestos causes tumors in rats, but when co-administered caused lung tumors and respiratory-tract cancer, mcsnthelinma of the lung and abdominal mesothelioma (IARC 1977). Synergistic effects on tumor induc- cavity (pleural and peritoneal mesothelioma), and cancer at other tis- tion also were observed following co-administration of asbestos and sue sites. Case reports and epidemiological studies have found that benzolakayrene or asbestos and N~nitroscdiethylan1ine to hamsters llAllC 1987). occupational exposure to chrysotile. am site. anthophyllite, mixtures containing crocidolite, and various complex mixtures of asbestos in-IARC (l97'?, 1987) concluded that there was sufficient evidence in experimental animals for the carcinogenicity of asbestos, includ- creases the risk no lung cancer (the various forms of asbestos are ing the following forms: actinolite, am site, anthophyllite, chrysotile, identified and described below, under Properties). 'llxe risk of lung cancer was increased up to six fold in vermiculite miners exposedcrocidolite, and tremolite. Since asbestos was reviewed for listing in the Hrs! Annual Report on Carcinogens and by IARC, intrabron- to tremolite am! aetinolite. Mesothelioma and digestive-tract can- chial instillation of eh rysotile has been shown to cause pulmonary cer were observed in workers occupationally exposed to crocidolite, and pleural mesothelioma in rats (Fiske 1988). am site. and chrysotile; however. the results for digestive~tract can- cer were inconsistent among studies. An excess of laryngeal cancer Properties was reported in studies of shipyard workers. chrysotile miners, insu- Asbestos is the generic name for a group of six naturally occurring lation workers, and other workers exposed to asbestos. People living Gbrous silicate minerals, including the fibrous serpentine mineral near asbestos factories or mines or living with asbestos workers also developed m esothelioma. However, no clear association was found chrysotile and the five fibrous amphibole minerals acrinolite. am site, between cancer risk and exposure to asbestos in drinking water. Co- anthnphyllite, croc idolite, and tremolite. Asbestos minerals possess a number of progenies useful in commercial applications, includ- exposure to asbestos and tobacco smoking increased the risk of lung ing heat stability. thermal and electrical insulation, wear and friction were multiplicative, rather than additive). The international Agency characteristics, tensile strength, the ability to be woven, and resis- tance to chemical and biological degradation. 'lye forms are ranked for Research on Cancer concluded that there was sufficient evidence for the carcinogenicity of asbestos in humans (IARC 1977, 1987). from greatest to least tensile strength as follows: crocidolite, chrys- otile, am site, anthophyllite, tremolite, and actinolite. Their ranking Since asbestos was listed in the First Annual Report on Carcirm- from greatest tm least acid resistance is tremolite, a nth ophyllite, cro- gens,the evidence for the carcinogenicity of asbestos has been reeval- uated by the Institute of Medicine (IGM) co the National Academy cidolite, aetinolite, am site, and chrysotile. The forms that have been of Sciences in 2006 (NAS 2006) and by IARC in 2009 (Strait et al.used commercially are chrysotile, anthnphyllire, arnosite, and crocid- olite (IARC 1977, ATSIJR 2(}Ol, HSDB 2009). 2909). IARC concluded that exposure to all forms of asbestos (chrys- ntile, croc idolite, amnsitc, tremolite, actinolite, and anthophyllitel Chrysotile, the most abundant form of asbestos in industrial appli- was associated with an increased risk of lung cancer and mesothc~cations, occurs naturally in liver bundle lengths ranging from several millimeters to over 10 cm (Virta 20U2a). Chrysotile has an idealized lima. in addition, it concluded that there was sufficient evidence from epidemiological studies that asbestos also caused cancer of the chemical composition of 1vlg3Si;,()5(C)H)4 and occurs as a curled sheet silicate, which wraps around itself in a spiral, forming a hollow tu- larynx and ovary, as well as limited evidence that it caused cancer of the colorcctum, pharynx, and stomach. In general, these conciu- bular liver. The hydroxyl group may, rarely, be replaced by oxygen, sions were consistent with the lOM evaluation, which found suffi-fluorine, or chlorine. In addition, small amounts of iron, aluminum, cient evidence that exposure to asbestos caused cancer of the larynx nickel, calcium, chromium, manganese, sodium, or potassium may be present as impurities. Natural ehrvsotiles occur with a range of phys- and suggestive evidence that it caused cancer of the pharynx, stom- Report on Carcinogens,Ywelfrh Edition 53 07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page Asbestos Substance Profiles cal properties. Chrysotiles may be white, gray, green. or yellowish,The tour commercially important forms no asbestos have been with a silky luster. Although chrysotile tubers are more Hexible than chrysotile, nmosite. anthophyllite, and crocidolite (IARC 1973); how~ the amphiboles, fibers from different geological locations may differ ever, commercial use of anthophyllite was discontinued by the 1980s in flexibility. Chrysotile tubers have a net positive surface charge and (IPCS 1986, H5378 2009). Chrysntile, am site. and particularly crocid- form a stable suspension in water. The fibers degrade in dilute acids olite all have extremely high tensile strengths and are used extensively (IARC 1973, 1977, ll'CS 1986). as reinforces in cements, resins, and plastics. Although chrysotile 'lie amphibole forms of ashestos consist of chain structures, with is most adaptable to industrial use, crocidolite and am site are par- nine structural sites that accommodate captions. Amphibole crystals ticularly useful in combination with chrysotile for adding specific consist of two chains based on Si4011 units, linked by a band of cat- properties, such as rigidity (OSHA 1986). By the 19905. chrysotile ions. The principal captions are magnesium, iron, calcium, and so- accounted for more than 99% of U.S. asbestos consumption (ATSDR dium, and their ratios determine the mineral species. 'lye chemical 2001). By 2008, chrysotile was the only type of asbestos used in the composition and physical properties vary over a wide range, and the United States (Vista 2008); 64% of chrysotile used was categorized chemical composition offield sample seldom matches the idealized as grade 7 asbestos (with fiber lengths less than 3 mm), lbllowed by formula. Amphibole fibers do not divide into fibrils as small in di- grades 4, 5, and 3 (Virta 2002a, 2009). ameter or as symmetrical as chrysntile fibers, and they do not have in 1973, when U.S. consumption of asbestos was at its peak, the a hollow central core. 'they have a negative surface charge in water major markets included asbestos cement pipe (24%), flooring (22%), (WCS 1986, HSDB 2009). roofing (996), friction products, such as automobile brakes and Arno site is ash gray, greenish, or brown and is somewhat resis- clutches (896), and packing and gaskets (396) (Vista 2002a). in 2009, tant to acids. it tends to occur with more iron than magnesium, at a roofing products accounted for about 65% of U.S. consumption; the ratio of approximately 5.5 to 1.5. The fibers are long, straight, coarse, remaining 35% was attributed to "other uses" (USGS 2010). and somewhat flexible (less so than chrysotile or crocidolile) (IARC 1973, 1977, IPCS 1986). Production Anthophyllite is grayish white, brown-gray, or green and is very U.S. demand for asbestos increased dramatically from 1900 to the resistant to acids. it is relatively rare and occasionally occurs as a con- early 1970s. By 1950, the United States was tie world's largest user taminant in talc deposits. The fibers are short and very brittle (IARC of asbestos. However. asbestos demand declined rapidly after 1973 1973. 1977, W CS 19861. stealth and liability issues became apparent (Vista 2002a). Before Crccidolite is lavender or blue and has good resistance to acids, the 19805. asbestos was produced in California. Arizona, Nonli Car- olina, and Vermont; however, most of these facilities suspended min- but less heat resistance than other asbestos fibers. Its fibers typically are shorter and thinner than those no other amphiboles, but not as ing operations in the 1970s, and the last U.S. asbestos mine closed thin as chrysotile libbers. The fibers have fair to good flexibility and in 2002 (ATSDR sum, Wrta 20021>). U.S. production of asbestos de- fair spin ability. Crocidolitc usually contains organic impurities, in- creased from a high of 136,000 metric tons (300 million pounds) in cluding low levels no polycyclic aromatic hydrocarbons (IARC 1973, 1973 to 2,720 metric tons (6 million pounds) in 2002 (USGS 2009). 197/, IPCS 19261. U.S. asbestos consumption declined from a maximum of 803,000 metric tons (1.8 billion pounds) in 1973 to 715 metric tons (1.6 mil- Tremolite is a calcium-magnesium amphibole, and actinolite is an iron-substituted derivative of tremolite. Both occur in asbestos and lion pounds) in 2009 (USGS 2009, 2010). In 2010, two U.S. suppliers non-asbestos forms. Tremolite is a common contaminant in chrys- of asbestos were identified (Cher Sources 2009). Most oi the asbes- orile and tak: deposits, and actinolite is a common contaminant in ms used in the United States is imported from Canada (Vista 2008). am site deposits. Tremolite is white to gray, and actinolite is pale to U.S. imports of asbestos peaked in 1973, at 718,000 metric tons (1.6 dark green. Both are brittle; tremolite is resistant to acids, but actin- billion pounds) and totaled 715 metric tons (1.6 million pounds) in olite is not (IARC 1977, IPCS 19861. 2009 (USGS 2009, 2010). U.S. asbestos exports peaked in i981 at 64,400 metric tons (142 million pounds). declining to 55 metric tons Use (121,000 pounds) in 2009. Although asbestos use dates back at least 2,000 years, modern in- Exposure dustrial use began around 1880. Use of asbestos peaked in the late 'I he primary routes of potential human exposure to asbestos are in- 19605 and early 19705, when more than 3,008 industrial applications or products were listed. Asbestos has been used in rooting, ther-halation and ingestion. Derma! absorption of asbestos is minimal, but dermal contact may lead to secondary ingestion or inhalation mal and electrical insulation, cement pipe and sheets, flooring, gas- of dust. Asbestos fibers vary with respect to size (length and diame- kets. friction materials, coatings, plastics, textiles, paper, and other products (ATSDR 2w1, HSDB 2089). 'lye U.S. Consumer Product ter) and chemical composition. 'these differences are known to affect Safety Commission banned use of asbestos in general-use garments,deposition, movement, and clearance from the body and carcino- genic potency. Fiber diameter is the most important factor affect- but asbestos may be used in fire-lighting garments if they are con~ ing penetration and deposition in the lungs. Thin fibers have the strutted to prevent release of asbestos Haters (HSDB 2009). Domes- greatest inhalation potential and deposit deep within the lungs. Fiber tically used asbestos fibers are classified into seven quality categories length, surface chemistry, and other properties affect biological ac- or grades. Grades l, 2, and 3 include the longer, maxi mixnv streiigth tivity. Fibers longer than 8 pm with a diameter of less than 1.5 nm fibers and generally are used in the production of textiles, electric cal insulation, and pharmaceutical and beverage alters. Grades 4, 5. are the most potent carcinogens (IPCS 1986). and 6 are medium-length libbers used in the production of asbestos- Asbestos is released to the environment from both natural and an- thropogenic sources and has been detected in indoor and outdoor air, cement pipes and sheets, clutch facings, brake linings, asbestos paper, soil, drinking water; food, and medicines. Because asbestos products packaging, gaskets, and pipe coverings. Grade 7 includes short fibers generally used as reinforces in plastics, floor tiles, coatings and com- were used so widely, the entire U.S. population potentially is exposed pounds. some papers, and roofing fells (OSHA 1986). to some degree; however, the potential for exposure continues to de- cline, because asbestos mining has stopped, and asbestos products are 54 Report an Cbfcinogens, Twelfth Edition 07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 7 vma»¢<¢<» Suéssmnce Pro19les Ashes tos being eiiminatcd from the market. Releases from asbestos materials Water Guwffty(criteria:Based on dish or shellfish and water cunswnption = 7 moon Mess per iker. in buildings and vehicle brake linings accmmt fm' substantial emis- Comprehensive EnvironmenfaiResponse, Compensation, and Liability Act sians of asbesms into the air. Demolition of buildings with asbestos Reputable quantity (HG) = I if. insulation or fireproofing may cause high atmospheric concentrations Emergency Planning and Community Rignr-To-Know Act for relatively short periods. Environmental asbestos concentrations forks RL-kmInventory; Listed substance subject to reporting requifemmts vary widely; therefore, it is not possible to accurately calculate hu- Safe Drinking Water Act man exposure levels except on a sito-by-site basis. People may be ex- Maximum wntaminam level (mu = 7 mIIIim\ fibers per liter fm fxhers icngm than no sm posed to higher-than-average levels of asbestos in air if they live near Toxic Substances Canrroi Air asbestos-containing waste sites or asbestos-related industries, if they Rules have been established for imlentifying, analyzing, and Sispnsing of asbestos found in schoais. and use asbestos-containing products, er if they live or work in buildings prohibitions on me manufmufing and impact m' ashesms pmduns have been esxahlishai. with deteriorating asbestos insulation or that have undergone poorly MineSafetyand Heafrh Administration performed asbestos removal (ATSDR 2001). in the past, families of Pefmissibk exposure limit (PEL) for miners (surface am! underground mf, metal. and nonmeul asbestos workers potentially were exposed to high fiber levels from mines): M¥~sM\ iimii = cu nun/mé (8-h timweeighled average); excursion limit = contaminated clothing brought home for laundering. People living 1 nw/~ taining asbestos insulation, an the other hand, were comparable to diameter fans no ar feast 3 to 1. those of individuals with no known occupational exposure to asbes~ Comprehensive stamierds f<>r ocrupatiana! #exposure to asbestos have Men developed. we (IARC 1977. Roggli and Longo 1991). According to the U.S. Environmental Protection Agency/'s Tox- Guidelines ics Release inventory, almost al! environmental releases of asbestos American Conference of Govemmenta! Industrial Hygienic as (ACGIH) are to landfills. Reported releases declined about 80% from 1988 to fhreahaht iémif value - !imf:-weighted average fwfwa) = 81 xespérabie fibez/cz (era3s.usgs. gnv/minerais/pubsiiommQdityfasbestos/mcs~?<31G-ashes.p 07/23/2014 5:59 PM Electronically Filed: Hillsborough County/1 3th Judicial Circuit Page 11 co .9 u <9 o a 1- uo L O -u MH J -Hr c 'S m T. .no E us Will o vna -J rf J/ =-_*- no c L.. J 41 7= C .J IJ v > ifc.. 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