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.

EPA Proposes to Ban Ongoing Uses of Asbestos

In a historic step, the US Environmental Protection Administration [EPA] is moving to protect people from cancer risks and is moving to ban asbestos in the US. The EPA has proposed its first-ever risk management rule under the 2016 Lautenberg Chemical Safety Act.

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). 

Asbestos Advocates and Experts Speak Out Against EPA's Flawed Draft Asbestos Risk

Today the Asbestos Awareness Disease Organization (ADAO)—an independent nonprofit dedicated to preventing asbestos exposure through education, advocacy, and community initiatives—spoke out about the exclusions in EPA’s Draft Asbestos Risk Evaluation that will keep Americans at severe risk of deadly exposure to asbestos.

Expert Physicians Urge US to Ban Asbestos

Today's post is shared from nejm.org

"Each year, nearly 40,000 Americans die often painful, protracted deaths from diseases caused by asbestos. These deaths occur in firefighters, police officers, construction workers, miners, military veterans, shipyard workers, and maintenance workers whose exposures to asbestos are primarily occupational. Death also occurs in partners and children of such workers, whose only exposures to asbestos were from dust on clothing brought home from work by a family member. In the United States, treatment of asbestos-related diseases — including malignant mesothelioma, asbestosis, lung cancer, laryngeal cancer, and ovarian cancer1 — costs hundreds of millions of dollars each year.

Limits for Toxic Plastics – No Asbestos Ban

Today, the Basel, Rotterdam, and Stockholm United Nations Conventions concluded, with some major steps taken by parties to control the trade and management of certain toxic chemicals: 

Basel Convention: Countries Take Major Step to Control Plastic Waste Dumping, Stop Major Loophole for Electronic Waste
Today, 187 countries took a major step forward in curbing the plastic waste crisis by adding plastic to the Basel Convention, a treaty that controls the movement of hazardous waste from one country to another. The amendments, originally proposed by Norway, require exporters to obtain the consent of receiving countries before shipping most contaminated, mixed, or unrecyclable plastic waste, providing an important tool for countries in the Global South to stop the dumping of unwanted plastic waste into their country. The decision reflects a growing recognition around the world of the toxic impacts of plastic and the plastic waste trade.

Because the US is not a party to the Convention, the amendments adopted today also act as an export ban on unsorted, unclean, or contaminated plastic waste for the US towards developing countries who are parties to the Convention and not part of the OECD. The amendment will have a similar effect for the EU, a party to the Convention, whose own internal legislation bans exports of waste included under the Convention to developing countries.

“Today’s decision demonstrates that countries are finally catching up with the urgency and magnitude of the plastic pollution issue and shows what ambitious international leadership looks like,” says David Azoulay, Environmental Health Director at the Center for International Environmental Law (CIEL). “Plastic pollution in general and plastic waste in particular remain a major threat to people and the planet, but we are encouraged by the decision of the Basel Convention as we look to the future bold decisions that will be needed to tackle plastic pollution at its roots, starting with reducing production.”
 
Countries halted a major loophole that would have allowed the continued export of electronic waste (e-waste), without proper controls. The proposed guidelines describing how e-waste is treated under the Basel Convention would have allowed countries to send equipment for repair without the prior informed consent procedure. The guidelines were ready for adoption, with wide support. The African region, India, and other countries, supported by civil society, raised a red flag about the inclusion of this loophole, and countries chose to continue negotiating the guidelines at the next COP, instead of adopting ineffective guidelines.
 
Countries established Low POPs Content Levels (LPCLs), which define the amount of POPs at which waste is considered hazardous waste. Under this designation, the waste must be disposed of in a way that destroys or irreversibly transforms its POPs content. LPCLs are key: Higher values mean that dangerous materials can, in practice, be recycled into everyday products, triggering further exposure to very toxic POPs. Mobilizing against very high values proposed by the EU, African countries and other recipient countries of waste managed to resist the extreme pressure from the EU and other developed countries, and obtained the inclusion of lower values together with the higher values proposed by the EU, opening the way for future work to lower the levels of POPs allowed in waste even further.
 
Parties considered a report on the role of the Basel Convention to regulate waste containing nanomaterials. It recommended the inclusion of certain nano-containing waste under the Basel Convention, and invited further work to identify those wastes that should be covered by the Convention. In a disappointing move, parties adopted a weak decision only requiring the collection of information on national initiatives to address nano-containing waste.

Stockholm Convention: Countries Pass Global Ban on Toxic PFOA
Parties to the Stockholm Convention passed a global ban of PFOA — a suspected carcinogen and endocrine disruptor that has contaminated drinking water in many parts of the world. The Stockholm Convention regulates persistent organic pollutants (POPs), some of the world’s worst chemicals that harm human health and build up in the environment and the body over time.

“While the global ban on PFOA marks an important step forward in protecting the environment and people’s health, we regret that countries undermined the scientific process of the Convention to include unjustified exemptions to the ban,” said Giulia Carlini, Staff Attorney at CIEL.

A number of wide-ranging five-year exemptions were included in the PFOA ban for firefighting foams, medical devices, and fluorinated polymers, among other uses. Though China, the European Union, and Iran participated in the scientific review process, they proposed exemptions that had not undergone scientific review or were reviewed and disqualified by the scientific committee.

“PFOA is one of the world’s worst chemicals, and yet countries have found ways to continue human exposure to its toxic harms. Tellingly, even some industry groups disagreed with some of the exemptions, as there are widely available alternatives to these chemicals,” says Carlini. “Countries’ insistence on including these exemptions — in spite of readily available alternatives and a lack of evidence — reveals a disrespect for the scientific review process at the heart of the Stockholm Convention.”

Rotterdam Convention: Countries Break 15 Years of Gridlock Using Voting Procedure for First Time Ever
In the first-ever vote taken under the Rotterdam Convention, 120 parties to the Stockholm Convention broke through gridlock and disagreement to establish a compliance mechanism for the Convention. The compliance mechanism will allow countries to be held accountable for not respecting their commitments under the Convention. After nearly 15 years of negotiations with little forward movement, countries decided that “all efforts to reach consensus had been exhausted” and opted instead to vote, for the first time in the history of the Convention. The adoption of the new mechanism through a vote means that only those parties in agreement to the provisions will be be subject to this mechanism. A total of 126 Parties voted, of which 120 agreed to the compliance mechanism and only six opposed.
 
Countries listed hexabromocyclododecane (HBCD), a toxic chemical used as a flame retardant, and phorate, a pesticide that is extremely toxic to humans, under the Rotterdam Convention’s Annex III, meaning that countries must get the prior informed consent of receiving countries in order to export these chemicals.
 
Unfortunately, countries failed to take action on the five other chemicals up for listing under Annex III of the Convention. In particular, chrysotile asbestos and paraquat, which have been reviewed and identified as chemicals of concerns by the Scientific Chemical Review Committee of the Convention, and have been on the agenda for years. A handful of countries repeatedly blocked the consensus required to list these chemicals under the Convention, undermining the scientific process underlying the Convention.

See also:

 India reverses stand on asbestos at Rotterdam Convention meet

EPA Asbestos Rule Announced: Still Leaves Deadly Carcinogen Legal

NJ Legislature Bans Asbestos

…. 

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). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.

EPA Asbestos Rule Announced: Still Leaves Deadly Carcinogen Legal

Today’s post is shared from ewg.com

The rule announced today by the US Environmental Protection Agency claiming to strengthen the agency’s ability to restrict certain uses of the notorious carcinogen asbestos falls short of what is required to fully protect public health, said The Environmental Working Group [EWG] legislative attorney Melanie Benesh.

NJ Legislature Bans Asbestos

Both houses of the New Jersey Legislature has made history by passing a bill to ban the sale of asbestos products in the State. The legislation awaits the Governor’s signature. [Editorial Note:  A4416 NJ Leg Session 2018-19 was signed by the Governor  and enacted, Approved P.L. 2019, c.114 on May 10, 2019 - Click Here for Pamphlet Law].

BILL INTRODUCED TO BAN ASBESTOS NOW

Oregon’s Senator Jeff Merkley, along with Congresswoman Suzanne Bonamici (D-OR), Energy and Commerce Chairman Frank Pallone, Jr. (D-NJ), and Congresswoman Elissa Slotkin (D-MI), today introduced the Alan Reinstein Ban Asbestos Now Act of 2019, legislation that would ban the mining, importation, use, and distribution in commerce of asbestos, a known carcinogen, and any asbestos-containing mixtures in the United States of America.

NATIONAL ASBESTOS AWARENESS WEEK

U.S. Senators Jon Tester and Steve Daines championed legislation to designate April 1-7, 2019 "National Asbestos Awareness Week" as part of their ongoing efforts to combat the dangers of asbestos exposure.

A Complete Ban of Asbestos Urged

The following comment was submitted by Linda Reinstein, President/CEO, Asbestos Disease Awareness Organization (ADAO) in response to the US EPA Proposed Rule to permit further use of asbestos in the US. 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.

US Senators Introduce Bill to Ban Asbestos and Protect Public Health

Oregon’s Senator Jeff Merkley, along with Senators Cory Booker (D-NJ), Dianne Feinstein (D-CA), Dick Durbin (D-IL), Bernie Sanders (I-VT), Jon Tester (D-MT), Sheldon Whitehouse (D-RI), and Edward J. Markey (D-MA) today introduced the Alan Reinstein Ban Asbestos Now Act of 2017, legislation to eliminate human or environmental exposure to asbestos, a known carcinogen.

An Increase Predicted of Reported Mesothelioma Cases

Asbestos is a naturally occurring fibrous mineral which was widely used in the manufacture of a variety of products beginning in the late nineteenth century. Although the majority of exposure to asbestos occurred between 1940 and 1980, in occupations such as construction, shipyards, railroads, insulation, sheet metal, automobile repair, and other related fields, exposure continues to this day.

US Workers Continue to be Exposed to Asbestos

Asbestos Insulation

Asbestos is not banned in the US and continues to be a cause of deadly disease to workers. Asbestos, a deadly substance that causes a range of fatal diseases from asbestosis to malignancies including lung cancer and mesothelioma. Today the Detroit Free Press enlightens its readers to the asbestos problems that Michigan workers face daily. Those problems continued to be mirrored in all the states and is a national issue.

National Asbestos Awareness Week - US Surgeon General

U.S. Surgeon General Dr. Vivek H. Murthy on National Asbestos Awareness Week 

Dr. Vivek Murthy
US Surgeon General

National Asbestos Awareness Week is April 1-7 – a good time to remind Americans about the health dangers of asbestos exposure. Asbestos, a natural mineral fiber that is found in rock and soil, was widely used as insulation and fireproofing material in homes, commercial buildings, ships and other products, such as paints and car brakes. In recent years, asbestos use has decreased dramatically after it was linked to illnesses, including lung cancer, mesothelioma, and asbestosis.

Experts Speak Out About The Asbestos Industry

Today's blog post is shared from Laurie Kazan-Allen and the http://ibasecretariat.org

Part I - About the Asbestos Industry

Part II - Asbestos Causes Cancer and Why Asbestos Should Be Banned

….

Jon L. Gelman of Wayne NJ is the author NJ Workers’ Compensation Law (West-Thompson) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

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French Court Supports Claims for Anxiety Flowing from Asbestos Exposure - Protests Continue - Criminal Trials Decisions Await

Photo shared from AFP (Agence France-Presse)
"Thousands stage Paris 'die-in' to protest asbestos" 12 Oct 2013

The international movement to support asbestos victims rights in France, and ultimately seek a universal ban, continues in Paris by the ANDEVA (National Association for Defense of Asbestos Victims) advocacy organization.

In September 2013 the Social Chamber of the Court of Cassation confirmed the injury of anxiety for workers exposed to asbestos and the competence of tribunal to condemn employers to compensate. It also had to comment on the injury upheaval in the lives and the responsibility of insurers such as AGS.

The French Court affirmed that damages had be paid to employees sickened by asbestos for anxiety. The Court allowed these damages for the first time in an occupational disease case.

The loss of future income was not allowed by the French Court.

This judgment was highly anticipated not only by the former employees of ZF Masson of Babcock Wanson or Ahlstrom and by thousands of others throughout France. The injured workers and their families received support from ANDEVA.

ANDEVA commented, "You have to measure the scope of this judgment: in spite of fierce resistance from employers and their lawyers that triggered a veritable barrage, the Court of Cassation confirmed and signed, sending a strong signal to businesses for the prevention, compliance with the health and lives of employees." "This fight today conducted for asbestos, will apply to other dangerous products delayed effect and particularly to carcinogens which are still exposing two million employees according to the latest statistics from the Ministry of Labour."

The advocacy movement in France for adequate compensation for asbestos workers is longstanding. ANDEVA, the asbestos workers advocacy group, who I have visited and consulted, has historically pursued judicial remedies for asbestos workers.

It has been reported that,….."Eternit produced and sold asbestos-cement products in France for 75 years – from 1922 until 1997 (the year of the French ban). For much of this time, asbestos-cement production and marketing in France were controlled by a cartel in which Eternit acted in conjunction with the French multinational Saint-Gobain (through its subsidiary Everite). The first Eternit plants were built in 1 922 at Thiant and Prouvy (twin cities in the North département) followed by factories at Vitry-en-Charollais (Paray-le-Monial, Saône-et-Loire dép), Vernouillet (Triel, Yvelines dép), Caronte (Bouches-du-Rhône dép), Saint-Grégoire (Rennes, Ille-et-Vilaine dép) and Terssac (Albi, Tarn dép). While the Prouvy and Caronte factories have been shut down, the Vernouillet site houses the head office of the Eternit holding company; the four other factories were converted (in 1996-97) to the production of non-asbestos fibro-cement."

"In 1996, ANDEVA filed, in a civil suit, a “plainte contre X” (“complaint against unknown persons”), for involuntary injuries and homicides, abstention délictueuse (willful failure to act [to protect persons in imminent danger]) and poisoning; this suit was aimed at all persons responsible for the asbestos health catastrophe: the asbestos product manufacturers, the public health and labour authorities, the medical doctors that had collaborated in the process."

ANDEVA also participates in an annual street protest to support asbestos workers' rights and advocates to ban asbestos and supports litigation for both personal injury benefits for victims and criminal charges against employers.

The recent street protest ("Die-In") in November was reported in the media, "The protesters from all over France lay down in the street outside Sorbonne University in Paris’s Latin Quarter to dramatise that asbestos exposure claims 3,000 lives per year, according to organisers." ..... "'It has been 17 years since we submitted the first complaints, and there has still not been a criminal trial,' ANDEVA vice president Francois Desriaux told AFP. 'The asbestos risk is not ancient history, it still exists today,' he said."

The criminal court cases are still pending.

US Asbestos Consumption Only Slightly Down in 2012

The US Geological survey reported today, that asbestos, still NOT yet banned in the US, is still being consumed domestically at incredible rates. Asbestos is a known carcinogen, causing mesothelioma, a rare and fatal disease. 

"Asbestos has not been mined in the United States since 2002
with imports meeting the needs of the domestic marketplace.
Estimated U.S. apparent consumption was 1,020 metric tons (t)
in 2012, a 14% decrease from 1,180 t in 2011. World production
was 1.97 million metric tons (Mt) in 2012, a slight decrease
from 2.02 Mt in 2011.

"Consumption
In 2012, U.S. apparent consumption of asbestos decreased
by 14% from that in 2011 (table 1). The chloralkali industry
was the leading consumer of asbestos with an estimated 67%
of the market; followed by roofing products, 30%; coatings and
compounds, plastics, and other, 3%. The chloralkali industry
increased its share of the overall asbestos sales owing mainly to
the decreased use of asbestos in roof coating formulations. Only
a few U.S. companies manufacture asbestos-based products.

Ban Asbestos: Rotterdam Conference Highjacked by "The Dirty 7"

Civil society groups attending the Rotterdam Convention conference in Geneva are expressing grave alarm that the Convention has been hijacked by the asbestos industry, which is determined to prevent the environmental and health protections of the Convention from being implemented.

US Surgeon General Alerts Americans to the Hazards of Asbestos Disease

The US Surgeon General issued an alert to Americans as to the hazards of asbestos disease, Dr. Regina Benjamin, on the occasion of National Asbestos Awareness Week 2013, has issued a statement alerting Americans to hazards of asbestos exposure.