Posted on January 30, 2024
The Asbestos Disease Awareness Organization (ADAO) submitted a letter to the Senate Committee on Environment and Public Works’ record regarding the January 24, 2024 “Oversight of Toxic Substances Control Act Amendments Implementation” hearing. The letter, addressed to Chairman Thomas R. Carper and Ranking Member Shelley Moore Capito, highlights several key concerns and recommendations:
1) EPA Asbestos Part 1 Rule: ADAO expresses uncertainty about whether the EPA’s actions will fully protect against asbestos exposure due to limited scope and the current timeline given. They stress the importance of finalizing the prohibition on six chrysotile asbestos conditions of use and eliminating asbestos importation and use as soon as possible. They are concerned about industry advocates pushing for extended deadlines to phase out asbestos, such as a 15-year delay for chlor-alkali plants and a 5-year delay for certain chemical manufacturing processes.
2) Incomplete Regulation: The organization points out that the EPA’s Part 1 rule only addresses one type of asbestos fiber and fails to regulate the other five types, all of which are carcinogenic. This incomplete approach falls short of the expected comprehensive ban on asbestos.
3) EPA Part 2 Risk Evaluation: ADAO mentions that the EPA’s Part 2 evaluation, which addresses legacy asbestos uses, presents more complex challenges than Part 1. They are concerned about the lack of seriousness and scientific rigor in the EPA’s approach to this evaluation, including issues with the peer review process and potential conflicts of interest.
4) Peer Review Process: ADAO is concerned that the EPA does not plan a full peer review for the entire Part 2 evaluation and urges the EPA to rectify this.
5) Reporting and Recordkeeping Requirements: The organization emphasizes the importance of transparency and accountability in asbestos risk management and the necessity for comprehensive reporting and data availability.
In regard to the peer review process, one concern Sen. Jeff Merkley has heard is that , “the members of this panel who are reviewing this document have been told [they] are not to talk to one another… no face-to-face meetings. This is entirely inconsistent with the 40-year history of EPA science advisory panels.”
He continued, “I have concerns about that point, and I have heard EPA saying, ‘Well, we’re not gonna let people talk to each other because we don’t have enough funding…’. But a lot comes from people actually sharing their comments with each other.”
“I think this is something we need to take a further look at. The idea that scientists are being told they can’t talk to each other… I don’t think you get the best result having individual people told they’re in silos… I’m not sold, and count me skeptical,” he finished.
ADAO supports the Senate EPW Committee’s oversight efforts and advocates for a comprehensive approach to asbestos risk management and a robust, impartial peer review process. Though the EPA has worked hard to get to this landmark point in the battle to protect Americans against asbestos, ADAO stands firmly behind their belief that a full-out ban on imports and use is needed to adequately protect and save lives. ADAO offers their support in implementing the TSCA amendments to protect public health and look forward to improvements in the TSCA program.
Linda Reinstein