Posted on February 19, 2019
For more than a decade, ADAO has always believed that we have a right to know where asbestos can be found in homes, schools, workplaces, our environment, and on consumer shelves.
In 2016 we were hopeful when President Obama signed The Frank R. Lautenberg Chemical Safety for the 21st Century Act law that EPA would finally restrict asbestos. But the actions of Trump’s Environmental Protection Agency (EPA) have been deeply disappointing and inadequate. ADAO couldn’t just idly watch the Agency’s failure to address asbestos responsibly — we had to take action.
Last September, on Mesothelioma Awareness Day, ADAO and five organizations, the American Public Health Association APHA, Center for Environmental Health (CEH), Environmental Health Strategy Center (EHSC), Environmental Working Group (EWG), and Safer Chemicals, Healthy Families filed our “Right to Know” petition under the Toxic Substances Control Act (TSCA) to require reporting on importation and use of deadly asbestos and asbestos-containing products.
We were dismayed, but not surprised, when EPA denied our petition in late December.
Today, ADAO, APHA, CEH, EHSC, EWG, and SCHF filed suit in the US District Court for the Northern District of California to overturn the EPA’s 2018 petition denial.
The facts are irrefutable.
Asbestos, a known carcinogen, is among the most dangerous minerals ever mined and/or used. Recent research indicates that nearly 40,000 asbestos-related deaths occur in the US each year and scientists agree that here is no safe level of use for this carcinogen, yet asbestos importation and use remain legal in the U.S. Worse yet, ADAO research revealed that asbestos imports surged in 2018. According to USGS, the primary importer of raw asbestos is the chlor-alkali industry.
Along with other information, our petition asked EPA to require reporting on consumer products containing asbestos-contaminated talc. Recent media reports have highlighted the dangers of such products, which have been widely used in baby powder and other consumer applications. EPA has made no effort to gather information on these products and address their risks.
On January 31, 2019, in a historic action led by Massachusetts Attorney General Maura Healey and California Attorney General Xavier Becerra, 14 states and the District of Columbia filed their own petition with the EPA, joining ADAO and its co-petitioners in asking the Agency to require reporting on asbestos. Like ADAO, the State AG’s emphasized that knowledge of asbestos imports and uses is vital to preventing exposure. Their petition likewise asks EPA to require reporting on imports of asbestos and asbestos-containing products so potential hazards to workers and the public can be made public, and the EPA has the information it needs for a fully and informed assessment of asbestos’ risks to public health.
Through its suit against EPA, ADAO looks forward to ensuring the Agency upholds its mission of “protecting human health and the environment.” We are committed to “clean and safe air, water, and land,” for all Americans.
Bob Sussman, counsel for ADAO and a former EPA official, noted, “EPA’s petition denial is another unfortunate example of its failure to live up to the important public health goals of Congress when it amended the Toxic Substances Control Act (TSCA) in 2016. The petition denial is a weak and irresponsible response to the compelling case we made for the need for comprehensive and current information about asbestos to meet the requirements of the law, and fully inform the public.”
“It is outrageous we need to file a lawsuit to force Mr. Wheeler to even collect information about something as deadly as asbestos,” said EWG Legislative Attorney Melanie Benesh, “This is yet another example of how far public health protection has fallen from the list of priorities at EPA.”
Patrick MacRoy, deputy director of the Environmental Health Strategy Center stated, “The Trump EPA must end its collusion with the U.S. chemical industry to hide Russian imports of deadly asbestos. We have a right to know. Further, EPA should use its new authority to phase out the last remaining use of asbestos in the U.S.—to produce chlorine used mostly to make PVC (vinyl) building products. This deadly legacy must finally come to an end.”
The news about us suing the EPA is circling the globe. Fernanda Giannasi (Brazil) from ABREA shared, “This decision to sue EPA is not valid only for the Americans but to all human beings in the Earth exposed to one of the most powerful carcinogen mineral explored and used worldwide. It was considered the “XXth Century Major Industrial Catastrophe for Health” by the French Senate. The results of this lawsuit will be very important also to all of us Brazilians, since the national dying asbestos industry is asking to the Brazilian Supreme Court, that banned the asbestos in November, 2017, for the whole country and for all uses, more ten years to explore the mineral only for exportation especially to USA which they state is a major asbestos importer from Brazil and we consider they are lying to press the Justices to give them this extra life.”
Alec Farquhar, Coordinator, Asbestos Free Canada commented, “In Canada, which was for many years a leading miner and exporter of asbestos, our national government implemented a ban on asbestos in 2018. Our economy is very closely linked with the United States, which means that we observe developments around asbestos with concern. We hope that the US will join us soon in banning this substance which has caused so much harm around the world, leading to a minimum of 107,000 deaths annually, including more than 2,000 annually in Canada.”
I keep reminding myself of an old Chinese proverb, “Out of the hottest fire comes the strongest steel.” We are galvanized for change. The time is now — to ensure that Americans have the Right to Know when toxic chemicals are in their homes, schools, workplaces, the environment, and on consumer shelves.
Linda