EPA Addresses Legacy Asbestos Risks
The Environmental Protection Agency (EPA) has taken significant steps in addressing the risks associated with legacy uses of asbestos. In a newly released draft risk evaluation, the EPA identifies disturbing and handling asbestos in legacy applications as presenting an “unreasonable risk” to human health. This draft represents the second phase of the EPA’s risk assessment of asbestos, with the first phase completed in December 2020, focusing solely on chrysotile asbestos.
Legacy uses encompass a broad range of applications, including asbestos found in construction materials such as floor and ceiling tiles, pipe wrap, and insulation in older buildings. The danger arises when asbestos-containing materials are disturbed, releasing harmful fibers into the air. This poses a significant risk to individuals who handle or come into contact with these materials, particularly construction workers involved in demolition and maintenance tasks that involve cutting, sanding, or grinding asbestos-containing materials. Firefighters are also at risk due to the potential disturbance of asbestos during firefighting operations.
The EPA’s draft evaluation extends beyond chrysotile asbestos to include other types of asbestos fibers, such as crocidolite, amosite, anthophyllite, tremolite, actinolite, asbestos-containing talc and asbestos found in Libby, Montana. The evaluation aims to broadenthe scope of analysis to provide a comprehensive understanding of asbestos-related risks.
The agency emphasizes that exposure to asbestos extends beyond the workplace, with concerns regarding take-home exposures and exposures related to DIY projects. Families of workers and the general public face additional risks due to the potential for asbestos fibers to be transported home or released during home renovation activities.
The EPA’s risk evaluation also includes a draft risk determination that asbestos as a whole chemical poses an unreasonable risk to human health. This determination is based on thorough scientific analysis and is not influenced by previous administration policies.
This comprehensive evaluation of asbestos risks is a result of legal challenges and regulatory requirements. A decision by the U.S. Court of Appeals for the Ninth Circuit in 2019 prompted the EPA to broaden the scope of its risk assessment to include legacy uses and associated disposals of asbestos. Similarly, a 2021 consent decree in a separate legal case compelled the EPA to complete the second part of its asbestos risk evaluation by December 1, 2024, underscoring the importance of regulatory compliance and public health protection.
The EPA is inviting public feedback on the draft risk evaluation, with a comment period open until June 17, 2024. Stakeholders are encouraged to provide input on various aspects of the evaluation, including take-home exposure scenarios, non-cancer endpoints used to characterize risk, and the draft single risk determination for asbestos. This engagement with stakeholders ensures that the evaluation reflects a diverse range of perspectives and concerns, ultimately leading to more robust and effective risk management strategies.
The draft risk evaluation and supporting documents are available on the EPA’s website, providing transparency and accessibility to the public. Detailed instructions for submitting comments are provided in the Federal Register, facilitating meaningful participation in the regulatory process.
If you or a loved one has been diagnosed with mesothelioma due to asbestos exposure, you could be entitled to compensation. Contact us today at 412-471-3980 to protect your rights and secure the compensation you deserve.
