Posted on April 14, 2020

As 2019 came to a close, the Asbestos Disease Awareness Organization (ADAO) felt that the United States was closer to banning asbestos, a known carcinogen that kills nearly 40,000 Americans every year, then ever before. This is thanks to the success we saw with the Alan Reinstein Ban Asbestos Now (ARBAN) Act of 2019, which would ban all asbestos imports and use in the country. But as the months tick on in 2020, we have been seeing delays time and again on the passage of ARBAN.

As Workers Memorial Day approaches on April 28, we need to continue to focus  our efforts on protecting those most vulnerable to asbestos exposure. Imports of asbestos continue to the U.S., with over 334,000 pounds of raw asbestos (172 metric tons) imported last year, all from Russia. The United States has a responsibility to protect the health and safety of the citizens here, and without a ban on asbestos, that responsibility is not being upheld. 

That is not because of a lack of effort from many members in Congress. We are beyond thankful to the co-sponsors of ARBAN, all of whom have dedicated many years and countless hours to the fight. We owe them a debt of gratitude for their hard work and dedication. 

Over the years we have shown our appreciation by honoring and highlighting the co-sponsors and supporters of ARBAN at our annual international conferences. In 2018, we were honored to present Congressional Champions, Sen. Merkley and Congresswoman Bonamici, with Tribute of Hope Awards in Washington, DC. In 2019, we were thrilled to highlight the work of Chairman Frank Pallone Jr., as a steadfast champion and as the original sponsor of ARBAN. This year, we had planned to give Congressman Paul Tonko the Tribute of Hope Award for his commitment to asbestos prevention (our conference was postponed due to the spread of COVID-19, but we look forward to giving him the award in person soon).

On April 2, 2020, Sen Merkley and Congresswoman Suzanne Bonamici shared a joint statement, “How many Americans will die before this administration steps up and bans asbestos once and for all? We can’t just sit by and wait to find out. It’s time for Congress to protect our communities from this proven carcinogen by passing our Alan Reinstein Ban Asbestos Now Act. Americans’ lives are at stake.” 

Senator Jeff Merkley, Tribute of Hope Award Acceptance Speech 2018

Congresswoman Suzanne Bonamici, Tribute of Hope Award Acceptance Speech 2018

However, ARBAN has been on hold for months now for many reasons that we have no control over, including President Trump’s impeachment trial and the public health crisis surrounding the rapid spread of the novel Coronavirus. There are a couple of holdups we can address, including the concerns raised surrounding civil litigation concerns, originally voiced by Rep. Degette and the American Association for Justice (AAJ). However, civil litigations have no bearing on amendments to the Toxic Substances Control Act (TSCA). While we appreciate that the bill has been discussed thoroughly to make sure no unintended harm befalls asbestos victims, this bill is not intended to have any impact on litigation ongoing to asbestos in cosmetic talc. 

ADAO recognizes there are limits to what can be accomplished in this bill. We also believe a perfect bill should not be the enemy of a very good one. Every day of inaction further endangers public health and safety. There is no time to waste.

Legislative Hearings Over the Years 

ADAO has been honored to testify in front of Congress about asbestos and ARBAN multiple times, with the support of Sen Merkley, Congresswoman Bonamici, Congressman Tonko and Congressman Pallone. 

In May 2019, ADAO testified before the U.S. House Energy and Commerce Subcommittee on Environment and Climate Change during the legislative hearing entitled, “Ban Asbestos Now: Taking Action To Save Lives And Livelihoods” which built on ARBAN (H.R. 1603).

Following the hearing, Environment and Climate Subcommittee Chairman Paul Tonko said, “The legislative hearing on the Alan Reinstein Ban Asbestos Now Act proved to be exceptionally productive, with valuable and moving testimony from prominent experts including Linda Reinstein. My great hope is that our committee and subcommittee will use the experience and insights we gained to find a path forward for this important legislation that we already know would save lives and safeguard public health.”

Meanwhile,  Rep. Bonamici said, “Asbestos related diseases still kill about 40,000 Americans every year, yet the EPA has failed to take meaningful action to protect communities. My legislation, the Alan Reinstein Ban Asbestos Now Act, would finally ban the import and manufacture of the deadly fiber. I am grateful for the work of Chairman Pallone and Chairman Tonko for holding a hearing on this important legislation, and to Linda Reinstein for testifying on behalf of all the families who have been harmed by asbestos.” 

Chairman Frank Pallone, Tribute of Hope Honoree Acceptance Speech, ADAO Annual Conference 2019

We are thrilled that ARBAN will have support once it arrives in the Senate. Earlier this year, Sen. Jeff Merkley said, “Every day that goes by without an asbestos ban is another day that Americans’ health and lives are being put at grave risk. While the EPA fiddles, Americans are dying.”

He continued, “More than 60 other nations have already recognized asbestos as the deadly substance it is, and acted to protect their citizens by banning asbestos. It’s time for us to catch up to the rest of the developed world, and end this dangerous public health threat once and for all. Thanks to the tremendous efforts of the Asbestos Disease Awareness Organization, this legislation has now moved farther than ever—passing out of the House Energy and Commerce Committee on a near-unanimous vote. I know powerful industries may make more money by using asbestos, but this is supposed to be government by and for the people, so let’s finish the job and pass this ban.” 

EPA Risk Evaluation 

On March 30, the Environment Protection Agency (EPA) released the draft risk evaluation of asbestos mandated under the Toxic Substance Control Act (TSCA) which found all ongoing commercial and consumer uses of asbestos, reviewed by the Agency, present a cancer risk that is unreasonable under TSCA. This includes asbestos-containing diaphragms, asbestos-containing sheet gaskets, asbestos-containing brake blocks, aftermarket asbestos-containing brakes/linings, other vehicle friction products, and other asbestos-containing gaskets. 

The unreasonable risk findings apply to the chlor-alkali industry, the one remaining importer of asbestos in the United States, who have argued for decades that its use of asbestos is safe. The EPA has made it clear time and again that they do not prioritize the public health and wellness of Americans. This only emphasized the need to pass ARBAN, in order to finally put an end to the tens of thousands of fully-preventable asbestos-caused deaths every year. 

Rep. Pallone released the following statement in response to EPA releasing its draft risk evaluation of asbestos: “This action is unlawful and demonstrates the lengths this Administration will take to undermine public health, even during the middle of the coronavirus pandemic. Publishing this long-awaited proposal for public comment now — in the midst of a declared national emergency — shows just how out of touch the Trump Administration is. Americans and our public health community do not have the time right now to review and offer comments on this proposal.”

He continued, “What’s more, this proposal doubles down on the approach to asbestos risk evaluation that was already rejected by the U.S. 9th Circuit Court of Appeals. Under that ruling, and under the plain language of the Toxic Substances Control Act, EPA is required to include legacy uses of asbestos in its risk evaluation. The Trump EPA needs to remember that federal court rulings are not merely a suggestion and stop excluding the risks posed by legacy uses in order to manipulate the science and exonerate asbestos. It is now clear that this EPA has no intention of addressing this dangerous, proven carcinogen. Therefore, Congress must pass the Alan Reinstein Ban Asbestos Now Act and put an end to this public health threat once and for all.” 

Meanwhile, Rep. Tonko shared, “Sadly, for far too long the federal government has failed to address this threat with the seriousness it demands. It is shocking that despite all of the evidence, despite what we know of the dangers of asbestos exposure, despite the thousands of asbestos related deaths each year, that the United States continues to allow asbestos in commerce. It is past time to say enough.” 

Congressman Paul Tonko, 2020 ADAO Tribute of Hope Honoree Acceptance Video

Pass ARBAN, Save Lives 

The answer is simple: Pass ARBAN to save hundreds of thousands of lives. The U.S. has the responsibility to join nearly 70 other nations who have already banned this deadly fiber. By allowing imports and use to continue, we as a global leader give emerging countries the license to continue to mine, use, and profit from asbestos. 

ARBAN will make everyone on both sides of the aisles look good, and as we continue to face hardships in our country and around the world, passing ARBAN will give us the one victory that we can all embrace and celebrate. We urge Congress to join our co-sponsors and supporters in putting your weight behind this life-saving bill. 

Together, we can make change happen

Linda Reinstein
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