Posted on March 29, 2023

Asbestos is a well-known carcinogen, and there is no safe level of exposure or controlled use. It kills over 40,000 Americans each year. The U.S. Environmental Protection Agency (EPA) has been working to address this issue and recently released additional data on the proposed Part 1 Chrysotile Asbestos rule, which seeks to ban chrysotile asbestos in six conditions of use. This rule aims to protect people from the unreasonable risk to human health from chrysotile asbestos, which is found in various products, including asbestos diaphragms, sheet gaskets, brake blocks, and other vehicle friction products.

The EPA received comments and met with stakeholders, including the Asbestos Disease Awareness Organization (ADAO), about using chrysotile asbestos diaphragms in the chlor-alkali industry and chrysotile asbestos-containing sheet gaskets used in chemical production. As a result, the EPA issued a Notice of Data Availability (NODA) and is seeking comments on how to consider the additional information received regarding maintaining the prohibition compliance dates, staggering the prohibition compliance dates, or establishing longer deadlines for the prohibition on processing, distribution in commerce, and commercial use of chrysotile asbestos.

ADAO’s research confirms that the chlor-alkali industry is moving away from asbestos diaphragms and toward safer, more cost-effective non-asbestos technology. However, according to EPA’s 2022 document, some corporations such as Olin, OxyChem, and Westlake continue to import large amounts of raw chrysotile asbestos, placing profits over people.

Since the EPA began implementing the Lautenberg Chemical Safety Act in 2016, the chlor-alkali industry has been the sole importer of raw chrysotile asbestos. It is deeply concerning that these corporations continue to import large amounts of raw chrysotile asbestos while other chlor-alkali plants use non-asbestos technology.

The EPA is currently seeking public comments on the data that was received after the proposed final rule public comment period, and how they should consider it during the development of the final rule. Comments are due by April 17, 2023. We encourage our community’s experts, scientists, and advocates to submit comments.

ADAO urges the EPA to prioritize public health and to expeditiously move forward with risk management measures that protect the health and safety of workers and communities. The development of the final rule should consider the overwhelming evidence that there is no safe use of chrysotile asbestos, and the importance of protecting public health and safety. The EPA must take bold action to ban all asbestos fibers in all uses to eliminate the risk of asbestos-related diseases once and for all. 

Linda Reinstein

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