House Subcommittee TSCA Reform Hearing Resources (Sept 2013)

The Asbestos Disease Awareness Organization (ADAO) was honored to testify on Wednesday, September 18, 2013 at 2:00 PM EDT before the U.S. House Energy and Commerce Committee in the Environment and Economy Subcommittee, chaired by Rep. John Shimkus (R-IL). The hearing, entitled “Regulation of Existing Chemicals and the Role of Pre-Emption under Sections 6 and 18 of the Toxic Substances Control Act,” built on the subcommittee’s previous hearings examining reform of the  Toxic Substances Control Act (TSCA).

Below is a copy of the oral testimony delivered at the hearing.

House Subcommittee Hearing Examines Need for TSCA Reform

Asbestos Disease Awareness Organization (ADAO) Calls for an Immediate Ban of Asbestos to Protect Public Health

Thank you for the honor of testifying at your important hearing. I asked that my written statement be made part of the record.

I know far too well that toxic chemicals are not just “threats.” They are a real part of the life and death for many Americans.  In the last ten years alone, more than 100,000 Americans have died from asbestos.

I am neither a lobbyist nor an attorney. I am a mesothelioma widow and Co-founder of the Asbestos Disease Awareness Organization (ADAO).  Founded in 2004, ADAO is now the largest independent non-profit organization in the U.S. dedicated to eliminating asbestos-caused diseases.

I’d like to dedicate my testimony to Janelle and Michael. Tragically, Janelle lost her life this year to mesothelioma at the age of 37.  She left behind her husband and 11-year-old son. Michael, a 29-year-old mesothelioma patient, continues to fight for his life and faces limited treatment options.

My husband, Alan, was diagnosed with pleural mesothelioma in 2003. We had never heard of this asbestos-caused cancer, and shortly learned it was incurable. Alan chose to undergo radical surgery which removed a rib, his left lung, stripped off his pericardium, and surgically replaced his diaphragm. When mesothelioma attacked Alan’s remaining lung, each breath felt like he was breathing through a pinched straw, every second, every minute, every day.  In 2006, Alan died with our then 13-year-old daughter and me by his side.

Sadly, our stories are far too common. Asbestos, a known human carcinogen, is still legal and lethal in the United States.

The Toxic Substances Control Act (TSCA) has failed to protect public health and our environment. In 1989, the EPA issued a final rule under Section 6 of TSCA, banning asbestos-containing products. In 1991, however, this rule was overturned by the Fifth Circuit Court of Appeals. As a result, there is no ban on the manufacture, importation, processing, or distribution in commerce of asbestos-containing products.  Asbestos has been banned in 54 countries without an “economic consequence.” It is time for TSCA reform, and more importantly, for the burden of proof to shift to the chemical manufacturers to prove a chemical is safe.

Consumer, environmental, and occupational exposures continue. From 1900 to 2012, we have used more than 31 million tons of asbestos. Since 1965, nearly 1.4 million tons of asbestos has been used just in friction products, such as vehicle brakes and clutches. Do you know where asbestos is in your home, district, or inside the Capitol? Your constituents can’t manage this toxic risk on their own.  It was reported that 2,600 tons of asbestos debris were removed after the Joplin, Missouri tornado and tons of toxic debris littered the coastline after Hurricane Sandy.

Last year, we imported 1,060 tons of asbestos to meet so called “manufacturing needs.”  I’ve tried for nearly two years through FIOA to identify who is importing asbestos, what is being manufactured, and where is the end product being used – but my questions were unanswered.  Due to trade laws such as U.S. Code Title 13, Chapter 9, Section 301(g) – import information is unobtainable for the public.

Asbestos is responsible for the largest man-made disaster. The Centers for Disease Control and Prevention’s NIOSH statistics from 2000 to 2010 revealed that 43,464 Americans died from mesothelioma and asbestosis – which are just two of the asbestos-caused diseases.

Alan, Janelle, Michael, and hundreds of thousands of asbestos victims and their families deserve responsibility, accountability, and transparency. Without these – no one is safe.

Asbestos facts are irrefutable.  Every day, 30 Americans die from preventable asbestos-caused diseases. We cannot alter history or bring back the dead, but we can learn from the past to save lives.   Congress must protect public health and pass meaningful TSCA reform legislation which empowers the EPA to finally ban asbestos.

One life lost to a preventable asbestos-caused disease is tragic; hundreds of thousands of lives lost is unconscionable.  Prevention is the only cure.

I have attached to this testimony a petition signed by over 2,700 people who support a U.S. asbestos ban.

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Linda Reinstein Testimony

Chairman Henry Waxman Q&A

ADAO 1-Minute PSA: “Asbestos Kills”