Posted on June 15, 2021

Five years ago, on June 22, 2016, President Barack Obama signed the The Frank R. Lautenberg Chemical Safety for the 21st Century Act (“LCSA”) into action. This was a huge step forward after many years of attempts to strengthen the Toxic Substances Control Act (TSCA), and established a new integrated process for prioritizing chemicals, conducting risk evaluations on high-priority chemicals, and issuing rules to eliminate unreasonable risks identified in risk evaluations.

However, half a decade since the signing, nearly 160,000 people have died from asbestos-related diseases. The U.S. meanwhile continues to import and use hundreds of tons of raw asbestos each year, and we still do not have a comprehensive ban on asbestos. Sadly,  in 2020, the United States imported an estimated 300 metric tons of raw chrysotile asbestos into the country, an increase of more than 30 percent from the prior year.

Although a ban has not yet been established, we are closer than ever before to ridding our country of asbestos, and continuing the great work President Obama initiated five years ago. We are grateful to the Senators and Representatives who have continued their endless push towards better protecting and safeguarding the health and wellness of Americans everywhere. 

“The evidence regarding the dangers of asbestos is overwhelming. As EPA found in its 1989 rulemaking, ‘[it] is well-recognized that asbestos is a human carcinogen and is one of the most hazardous substances to which humans are exposed in both occupational and non-occupational settings,” said Senator Barbara Boxer, Former Chairman of the Environment and Public Works Committee, in 2016. “OSHA has similarly said it is ‘aware of no instance in which exposure to a toxic substance has more clearly demonstrated detrimental health effects on humans than has asbestos exposure.’ OSHA has also emphasized that ‘[t]here is no ‘safe’ level of asbestos exposure for any type of asbestos fiber [and] [a]sbestos exposures as short in duration as a few days have caused mesothelioma in humans.’”

In the past five years, awareness about the dangers of asbestos has grown. ADAO is proud to be part of a global asbestos prevention movement and see more landmark steps on our horizon. 

Recently, On December 22, 2020, District Court Judge Edward J. Chen decisively ruled that companies are required to report asbestos imports and use under the TSCA. This legal victory will help us further the push for a comprehensive ban in Congress in the near future, which we believe will lead to better prevention and policy efforts worldwide.

Unfortunately last year, EPA released a piecemeal and dangerous Final Risk Evaluation for Asbestos that was limited to one fiber and two diseases, despite the scientific evidence to the contrary. ADAO believes this goes against what LCSA and TSCA were meant to do, and we have pushed for EPA to address the gaping and deadly holes in their evaluation. We must prioritize risk review and risk management, because without prevention policies in place, Americans are at risk of being exposed to asbestos. 

On Wednesday, June 9, EPA Administrator Michael Regan testified before the Senate Appropriations Committee on EPA’s FY 2022 budget request. Committee Chair Jeff Merkley (D-OR) and Senator Jon Tester (D-MT), who have both been champions of The Alan Reinstein Ban Asbestos Now (ARBAN) Act, the most comprehensive asbestos ban bill put before Congress in 30 years, pressed Administrator Regan to take strong action on asbestos under the Toxic Substances Control Act (TSCA). 

ADAO feels optimistic that the 117th Congress will pass ban asbestos legislation that President Biden will sign into law. We sincerely thank everyone who has invested hours, days, and years in support of our prevention and policy efforts.  You prove, together, we make change happen.

Linda Reinstein
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