Alaska, Naturally Occurring Asbestos: Experiences, Policy and 2012 Limitation of Liability Legislation

Naturally Occurring Asbestos (NOA) occurs in mineral deposits in Alaska. There are many regions in Alaska that have minerals in surface rocks that may contain asbestos and asbestos has been discovered in many locations in Alaska. Gravel is constantly in demand for heavy construction projects, but some remote localities in Alaska do not have gravel sources that are NOA-free. Determining if NOA can be safely used in heavy construction materials and what can or should be done with NOA materials that are already in place are complex questions. Answers will depend on the amount and type of asbestos mineral, how it is handled in processing, and how it is maintained - all subject to regulation and control of operations. The State of Alaska recently enacted legislation (HB 258) providing, among other things, "… immunity for the state and for landowners, extractors, suppliers, transporters, and contractors for certain actions or claims arising in connection with the use of gravel or aggregate material containing naturally occurring asbestos in certain areas." Implementation of the law and interim regulations and guidance should enable use of NOA for heavy construction materials in Alaska, but as with any new law, it will take some time to understand its full scope and effect.