The US EPA is about to approve 15 uses for asbestos, a known carcinogen. This action is consistent with the Trump Administration's effort ease regulations. This action is contrary to the efforts of the Obama Administration to entirely ban the use of asbestos in the US.
Asbestos has been causally linked to mesothelioma (a rare and fatal disease)' lung cancer, and asbestosis. Workers' Compensation claims were the genesis for "the longest running tort" in the US, asbestos disease litigation.
EPA is developing a significant new use rule (SNUR) under section 5(a)(2) of the Toxic Substances Control Act (TSCA) for certain uses of asbestos that are no longer in use in the United States. Persons subject to the SNUR would be required to notify the EPA at least 90 days before commencing such manufacture or processing. The required notifications would initiate EPA's evaluation of the intended use within the applicable review period. Manufacture and processing for the significant new use would be unable to commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination. As part of the rulemaking, EPA will take comment on this proposed action. Over 5,900 comments have received during the public comment period, which is now closed. See, https://www.regulations.gov/docket?D=EPA-HQ-OPPT-2018-0159.
Related articles:
Sen. Tom Udall: EPA proposals on asbestos alarming (Safety and Health) 8/20/18
E.P.A. Staff Objected to Agency’s New Rules on Asbestos Use, Internal Emails Show (NY Times 8/10/2018)
E.P.A. Staff Objected to Agency’s New Rules on Asbestos Use, Internal Emails Show (NY Times 8/10/2018)
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters).
Updated: 8/24/18
Updated: 8/24/18
