States Are Suing the EPA for Tighter Regulation of Asbestos
Ten states and the District of Columbia are suing the U.S. Environmental Protection Agency to tighten the oversight of asbestos nationally. They filed suit after the U.S. Environmental Protection Agency denied their petition for the agency to collect more data on the safety of asbestos. Asbestos, a naturally occurring mineral, is a known carcinogen. While it was once widely used in fire retardants, building materials, and even clothing, the U.S. restricted its use once it became apparent that ingestion or inhalation of the fibrous mineral could lead to mesothelioma and lung cancer. Mesothelioma is a cancer of the lining of the organs of the body, usually first appearing in the pleural lining of the lungs. Mesothelioma is fatal, with few effective treatment options available.The conflict began with the EPA’s announcement of a Significant New Use rule in April 2019 concerning the use of asbestos. While the EPA announced the new rule as strengthening the regulation of asbestos, the agency apparently ignored the recommendations of many of its experts that it issue an outright ban on the substance, as many industrialized nations do. The rule requires that manufacturers importing asbestos get approval from the EPA. The EPA will then evaluate the products and determine whether or not to restrict the use of the products or ban them. This may leave the door open for new uses of asbestos to enter the market with EPA approval.Prior to the issuance of the final rule, several state attorneys general expressed concerns that the EPA’s rule would not outright ban the use of asbestos and may allow new uses of asbestos in the United States. Fifteen state attorneys general submitted a petition to the EPA requiring more data collection and tracking of chemicals imported into the U.S., including asbestos. The EPA denied the petition and issued its new rule in April of this year. Led by the attorneys general from Massachusetts and California, the states now suing believe that the EPA’s decision was arbitrary and capricious and violated the agency’s responsibilities under the Toxic Substances Control Act (TSCA). A bill, the Alan Reinstein Ban Asbestos Now Act of 2019, which would amend the TSCA to ban the manufacture, processing, and distribution of asbestos and asbestos-containing products is currently pending.
