Public health groups file suit against EPA over asbestos reporting

Feb. 22, 2019

The Asbestos Disease Awareness Organization (ADAO), an independent nonprofit that works to prevent asbestos exposure, filed suit in the U.S. District Court for the Northern District of California to reverse the Environmental Protection Agency’s (EPA) denial of its Right to Know Petition on asbestos. ADAO is concerned because the denial means EPA will not collect data from industry which they say is critical to identify and assess ongoing risks of asbestos exposure, which kills, nor will the public be informed about the continuing threat. Five other public health organizations also joined the effort.

Linda Reinstein, ADAO President and CEO stated, “Annually, nearly 40,000 Americans die from preventable asbestos-related diseases and exposure continues. Scientific literature confirms that asbestos is a known human carcinogen and there is no safe level of exposure. We cannot afford to stand by while EPA irresponsibly abdicates its duty to protect public health and consumer safety. Americans have the right to know how much asbestos is present in their homes, schools, workplaces, and communities; where it’s being used; and the potential for exposure to workers and the public. It’s past time for asbestos importers and users, like the chlor-alkali industry, to disclose to EPA and the public the hundreds of tons of asbestos that they use in manufacturing and the products they distribute in commerce. Without this information, EPA’s career scientists won’t have the tools to assess the risk and take responsible action to prevent exposure.”

The original petition from the public health groups was filed under section 21 of the Toxic Substances Control Act (TSCA) on September 26, 2018 and denied by EPA on December 21, 2018. Along with other information, the 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.

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.”

The groups joining ADAO as plaintiffs are the American Public Health Association (APHA), Center for Environmental Health (CEH), Environmental Health Strategies Center (EHSC), Environmental Working Group (EWG), and Safer Chemicals, Healthy Families.

ADAO has the full release.