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The Environmental Protection Agency Proposes Stricter Asbestos Reporting

Throneberry Law Group

Asbestos is a dangerous mineral that causes life-threatening diseases such as mesothelioma. Because of this, there are individuals and organizations out there dedicated to preventing asbestos exposure through advocacy, education, and community. One of these organizations is the Asbestos Disease Awareness Organization (ADAO). In 2020, the organization won the Right to Know Lawsuit. Afterward, ADAO won a settlement agreement with the Environmental Protection Agency (EPA). According to ADAO and its partners, the agreement would make sure the EPA conducts its work on asbestos with enough information. Recently, the agency published a related proposal. Here is more information about this proposal.

EPA’s Proposal

The EPA recently proposed a rule that would require importers, manufacturers, and processors of asbestos and asbestos-contaminated products to report all asbestos uses for the last four years. According to the proposed rule, manufacturers or processors of asbestos-contaminated products would need to share information about all asbestos uses, the quantity of asbestos used, and where exposure has occurred. Currently, much of this information is not a requirement. The proposal also covers articles with unintended impurities like asbestos-contaminated talc products.

The following is a summary of the information that the rule would require from manufacturers, importers, and processors of asbestos and asbestos-contaminated products;

  • Information on the import and use of asbestos
  • Information on the import and use of asbestos-contaminated articles and mixtures
  • Information on the processing of raw asbestos and mixtures and articles
  • Information on the presence of asbestos contaminants in other substances and mixtures, including talc

According to the EPA, the information that will be collected will be used to, among other things, guide the agency in future actions.

According to the president and co-founder of ADAO, EPA’s efforts to protect Americans from asbestos exposure have for a long time been adversely affected by the absence of reporting obligations by the people in the asbestos industry. The reality is that the agency cannot protect the people of America from asbestos exposure if it does not have information on where the dangerous mineral is, asbestos uses, and who is exposed.

Industries Expected to be Most Affected by the New Rule

From the NAICS, the following are some of the industries that might be affected the most by the rule;

  • Mining
  • Chemical manufacturing
  • Miscellaneous manufacturing
  • Nonmetallic mineral product manufacturing
  • Transportation equipment manufacturing
  • Repair and maintenance groups
  • Gasoline stations

ADAO Hails Proposal but Says it Will continue to Review it

ADAO applauded the “Asbestos Right To Know” proposal by EPA but said it would keep reviewing the proposed reporting rule to recommend strengthening changes. ADAO said it would emphasize to the agency that it needs to do the following to increase the effectiveness of the rule;

  • Reach out to companies that may have reportable information
  • Promptly publish gathered information, so the public is fully informed about asbestos use and exposure
  • Verify compliance by looking for asbestos-contaminated products in stores, on the internet, and in import records

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