Copyright
Monday, March 18, 2024
US Bans Asbestos
Monday, December 18, 2023
TSCA Update
The U.S. Environmental Protection Agency (EPA) announced that it is beginning the process of prioritizing five additional toxic chemicals for risk evaluation under the nation’s premier chemical safety law. If, during the 12-month-long statutory process, the EPA designates these five chemicals as high-priority substances, the EPA will then begin risk evaluations for these chemicals.
Friday, October 20, 2023
New EPA Rule Will Lighten the Burden of Proving an Asbestos-Related Disease Claim
In many occupational asbestos claims, it has been challenging to establish that asbestos fiber was used in the workplace. That will soon change under recently announced US Environmental Protection Agency [EPA] Rules.
Tuesday, July 11, 2023
EPA Seeks Reporting of Asbestos Fibers
The U.S. Environmental Protection Agency (EPA) announced a final rule to require comprehensive reporting on all six fiber types of asbestos as the agency continues its work to address exposure to this known carcinogen and strengthen the evidence that will be used to protect people from this dangerous chemical further. Historically asbestos, a known carcinogen, has been present in workplaces causing significant occupational exposures to workers, sometimes fatal, and has generated a long wave of workers’ compensation claims.
Monday, October 18, 2021
Across Two Separate Settlements, EPA Commits to Expedite and Strengthen Asbestos Risk Reevaluation Under TSCA
The Asbestos Disease Awareness Organization (ADAO), an independent nonprofit dedicated to preventing asbestos exposure, announced it had reached two landmark legal settlements with the Environmental Protection Agency (EPA) that strengthen and broaden its work to evaluate the health risks of asbestos under the Toxic Substances Control Act (TSCA).
Tuesday, September 7, 2021
Methylene Chloride Continues to be a Fatal Hazard in the Workplace
Wednesday, August 11, 2021
California appeals court upholds verdict against Monsanto for Roundup exposure
Friday, February 12, 2021
Health Advocates Petition 9th Circuit for Asbestos Relief from EPA’s Flawed Final Risk Evaluation for Asbestos
Joined by five public health groups and six leading asbestos scientists, the Asbestos Disease Awareness Organization (ADAO), an independent nonprofit organization dedicated to preventing asbestos exposure, today asked the Ninth Circuit Court of Appeals to review the asbestos risk evaluation issued last month by Environmental Protection Agency (EPA) under the Toxic Substances Control Act (TSCA).
Thursday, November 12, 2020
NJ Files Lawsuits Against Two Waterfront Sites for Contamination
As part of the State of New Jersey’s continuing commitment to protect public health and restore natural resources degraded by those who refuse accountability, Attorney General Gurbir S. Grewal and Department of Environmental Protection (DEP) Commissioner Catherine R. McCabe today announced the filing of two lawsuits to compel the clean-up of contamination and recover Natural Resource Damages (NRDs).
Monday, June 8, 2020
Asbestos Advocates and Experts Speak Out Against EPA's Flawed Draft Asbestos Risk
Friday, June 5, 2020
Fourteen Attorney Generals Criticizes EPA for Failing to Protect Americans from Asbestos, a Long-Known Dangerous Carcinogen
Saturday, November 30, 2019
PFAS Contamination Legislation Advances
Friday, November 29, 2019
Efforts to Protect the Public From Asbestos Exposure
Friday, August 23, 2019
White House Contamination Highlights Asbestos Controversy
Monday, May 13, 2019
Verdict: $2 Billion -- Herbicide Occupational Exposures - The Next Wave of Serious Compensation Claims
Friday, April 19, 2019
EPA Asbestos Rule Announced: Still Leaves Deadly Carcinogen Legal
Saturday, December 29, 2018
US Lawmakers Urged EPA to Investigate Talc Products
Thursday, May 31, 2018
Workers exposed to common paint strippers suffer fatal reactions
Thursday, March 2, 2017
Trump Administration May Bring a Surge in Occupational Disease Claims
Saturday, September 17, 2016
Senator Boxer Calls for Expedited TSCA Asbestos Evaluation
August 26, 2016
Dear Administrator McCarthy:
I am sure you share my strong interest in maximizing the success of the new Toxic Substances Control Act (TSCA) and are working to identify positive early actions that demonstrate the Agency’s commitment to bold and effective implementation.
The first important decision EPA must make under the law is to select the initial 10 chemicals that will be evaluated and then regulated if they are shown to present unreasonable risks. This decision must be made by mid-December of this year. The chemicals selected will drive EPA’s agenda for the next several years. To build confidence in the agency’s ability to deliver meaningful results for our children and families, EPA must consider all forms of asbestos in this initial list of chemicals it acts on.
In 1989, EPA issued a comprehensive rule under TSCA banning and phasing out the major uses of asbestos. Despite the extensive record compiled by the agency, the Fifth Circuit Court of Appeals overturned the rule. The court’s decision paralyzed EPA’s existing chemicals program for the next two decades. Asbestos became a poster child for the inadequacy of the law and a major impetus for TSCA reform. As President Obama said when he signed the TSCA reform bill into law, “the system was so complex, it was so burdensome that our country hasn’t even been able to uphold a ban on asbestos….”
During the development of TSCA reform legislation, numerous members of Congress cited asbestos as an example of why the law must be revamped and emphasized that the new TSCA legislation would remove the roadblocks that stymied EPA’s first attempt to regulate asbestos. Congress was also clear in the recently-passed legislation that regulating asbestos should be one of EPA’s top priorities -- the bill directs EPA to give priority to chemicals like asbestos that are known human carcinogens and have high acute and chronic toxicity.
Now that the impediments in the original TSCA law are gone, completing the job started by EPA in 1989 would send a strong signal that the new law can be effective in addressing the most dangerous chemicals in commerce.
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.” 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.”
Asbestos continues to exact a high toll in disease and death on Americans. According to the Asbestos Disease Awareness Organization (ADAO), the estimated annual number of asbestos-related disease deaths is nearly 15,000 in the U.S., including nearly 11,000 deaths from lung cancer.
Though asbestos production has ceased in the U.S. and its use has generally declined, significant imports for a range of applications persist and exposures continue to occur with alarming regularity. According to a detailed study by the Environmental Working Group, from 2006 to 2014, 23 ports on the Gulf of Mexico, West Coast and Eastern Seaboard received more than 8.2 million pounds of raw asbestos, as well as hundreds of shipments of hazardous asbestos waste and products made with asbestos.
Similarly, in its annual report on U.S. mineral importation and use, the United States Geological Service states that in 2015:
“Asbestos consumption in the United States was estimated to be 400 tons, based on asbestos imports through July 2014. The chloralkali industry accounted for an estimated 88% of U.S. consumption. The remainder was used in coatings and compounds, plastics, roofing products, and unknown applications.”
The World Health Organization (2006) has called for an end to the use of all types of asbestos as the most effective way to eliminate asbestos-related diseases. From the European Union to the Persian Gulf, from industrial states like Japan to Africa’s developing economies, 56 nations have followed this recommendation and banned asbestos (with limited exceptions), according to the International Ban Asbestos Secretariat.
The combination of well-documented, widespread and serious health effects and ongoing use and exposure provides a strong basis for EPA to act quickly on asbestos. With the new tools provided by the Frank R. Lautenberg Chemical Safety for the 21st Century Act, the U.S. now has the ability to be a global leader and join the many other nations that have acted to address the harms posed by asbestos. EPA should seize this opportunity by including asbestos in the first 10 chemicals that it acts on under the new law.
I look forward to learning more about your plans for asbestos.
Sincerely,
Barbara Boxer
Ranking Member
Related Articles:
Nov 7, 2013 ... The Asbestos Disease Awareness Organization (ADAO) was honored to testify on Wednesday, September 18, 2013 at 2:00 PM EDT before the ...
workers-compensation.blogspot.com
|
Sep 11, 2014 ... It may come as a surprise to those not familiar with the Toxic Substances Control Act (TSCA) – the primary law that regulates chemicals used in ...
workers-compensation.blogspot.com
|
Jan 29, 2010 ... The Toxic Substances Control Act (TSCA) was enacted in 1974 and has not kept up with the time. Of the 80,000 chemical substances in use it ...
workers-compensation.blogspot.com
|
Oct 14, 2013 ... TSCA was passed more than 30years ago and is grossly out of date. ADAO has been a stakeholder in discussions with Congressional ...
workers-compensation.blogspot.com
|