Posted on July 31, 2021

This year marks the 32nd anniversary of the last time the Environmental Protection Agency (EPA) tried to ban asbestos, a known carcinogen, in the United States. Three decades later, the toxin still kills over 40,000 Americans annually, and hundreds of tons are still imported and used every year. For the 32nd anniversary, the Asbestos Disease Awareness Organization (ADAO) calls on EPA to ban this deadly substance once and for all. The time is now to save lives and stop unnecessary suffering and deaths.

ONE: On July 12, 1989, EPA issued a final rule banning most asbestos-containing products. However, due to industry pressure, this regulation was overturned by the Fifth Circuit Court of Appeals in New Orleans just two years later in 1991. As a result of this decision, the 1989 asbestos regulation only bans new uses of asbestos after 1989 and bans the following specific asbestos-containing products: flooring felt, roll board, and corrugated, commercial, or specialty paper. Since 1989, US companies have imported more than 500,000 tons of asbestos placing Americans at risk.

TWO: Nearly 70 other countries have already banned asbestos, but the U.S. lags behind.  Although asbestos is still legal and lethal in the country today, we have made some strides towards a ban. 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 it 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.

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

FOUR: 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 that risk is not limited to these parameters. 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 unknowingly being exposed to asbestos and contracting fatal diseases such as mesothelioma and cancers of the lung, larynx and ovaries. 

FIVE: ADAO and many stakeholders supported the Alan Reinstein Ban Asbestos Now (ARBAN) Act of 2019 which was the most comprehensive asbestos ban bill put before Congress in over 30 years. The bill would not only ban asbestos, but provide Americans with the right to know where asbestos is imported and used, and would force EPA to conduct a legacy study on the millions of homes, schools, and workplaces that contain asbestos. 

We encourage Congress to return to the negotiation table to get this landmark bill re-introduced and passed. 

Together, we can make a difference. 

Linda Reinstein
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