September 20 2018

EPA Considers Allowing Asbestos in Certain Products

Asbestos is a dangerous product that was used in construction materials decades ago, however, after it was found that exposure to asbestos could lead to lung cancer, mesothelioma and other respiratory diseases, its usage became strictly regulated in the US.

According to the significant New Use Rule (SNUR) proposed by the agency, the "significant new use" in the rule refers to manufacturing and other processes where asbestos is not currently in use — including but not limited to adhesives, sealants, roof and non-roof coatings; extruded sealant tape and other tape; high-grade electrical paper; millboard; pipeline wrap; reinforced plastics; roofing felt; asbestos floor tile and any other building material other than cement, according to the agency's notice in the Federal Register. The use is considered new if initiated after Aug. 25, 1989.

If authorized, the new rule would allow manufacturers to include asbestos in these products if they give the EPA 90 days' notice prior to beginning the manufacturing process and pass an agency review. That review could include a determination as to whether the new use poses an unreasonable risk.

Contrary to what some might believe, many materials and products made with asbestos are not forbidden in the U.S., even though the EPA acknowledges the material has been associated with lung cancer, mesothelioma and asbestosis. The agency did issue a rule in 1989 banning a number of asbestos-containing products, but an appeals court vacated that rule in 1991, overturning most of the ban, with the exception of corrugated paper, rollboard, commercial paper, specialty paper and flooring felt.

Since Trump became president, the EPA oversight on dangerous and toxic chemicals has been more and more lenient toward the chemical industry. For example, last October the EPA decided to ditch a congressional mandated review of very dangerous chemical products in public use that include millions of tons of asbestos installed between 1970 and 2016, flame retardants and other toxins in homes, offices and industrial plants. At the time of this decision, Scott Pruitt who was at the head of the EPA explained that the review fell outside of the original mandate. He also said that the agency would still review the dangerous products but in a less aggressive manner. Critics accused the EPA of weakening the rules to favor the chemical industry.

The administration's stance is the latest example of Trump siding with industry. In this case, firefighters and construction workers say the move jeopardizes their health.

Both groups risk harm from asbestos because of its historical popularity in construction materials ranging from roofing and flooring tiles to insulation used in tens of millions of homes.

"Hundreds of thousands of firefighters are going to be affected by this. It is by far the biggest hazard we have out there," said Patrick Morrison, assistant general president for health and safety at the International Association of Fire Fighters.

The National Institute for Occupational Safety and Health analyzed cancer-related deaths among 30,000 firefighters from Chicago, Philadelphia and San Francisco. The 2015 study concluded firefighters contract mesothelioma at twice the rate of other U.S. residents. Firefighters also face exposure to flame retardants included in the EPA's review that are used in furniture and other products.

"I believe the chemical industry is killing firefighters," said Tony Stefani, a former San Francisco fireman who retired in 2003 after 28 years when diagnosed with cancer he believes resulted from exposure to chemicals in the pending review.

Mesothelioma caused or contributed to more than 45,000 deaths nationwide between 1999 and 2015, according to a Centers for Disease Control and Prevention study in March. The number of people dying annually from the disease increased about 5 percent during that time.

In one of its last acts under Obama, the EPA said it would judge the chemicals "in a comprehensive way" based on their "known, intended and reasonably foreseen uses."

Under Trump, the agency has aligned with the chemical industry, which sought to narrow the review's scope. The EPA now says it will focus only on toxins still being manufactured and entering commerce. It won't consider whether new handling and disposal rules are needed for "legacy," or previously existing, materials.

"EPA considers that such purposes generally fall outside of the circumstances Congress intended EPA to consider," said EPA spokeswoman Enesta Jones, adding the agency lacks authority to regulate noncommercial uses of the chemicals.

If the EPA, along with the Trump administration continues the trend of leniency with regards to toxic chemicals that have shown to be extremely dangerous and deadly, we can expect firefighters, construction workers and families to suffer.

Construction Dive Article:
https://www.constructiondive.com/news/deadline-nears-to-comment-on-epas-asbestos-proposal/529551/