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2016 ADAO US Senate Staff Briefing


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ADAO's 10th Congressional Staff Briefing on September 13, 2016 in Washington, DC

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2016 ADAO US Senate Staff Briefing

  1. 1. LINDA REINSTEIN Asbestos Disease Awareness Organization (ADAO) President/CEO and Co-Founder Senate Staff Briefing “TSCA Implementation: Prioritizing Asbestos to Protect Public Health and the Environment” September 13, 2016
  2. 2. ADAO Briefing Dedication to Brazil’s Asbestos Miners and Victims
  3. 3. ADAO Briefing Resources
  4. 4.
  5. 5. President Obama Signs TSCA Reform into Law
  6. 6. Asbestos-Caused Diseases • Lung cancer • Mesothelioma  Pleural  Peritoneal  Pericardial  Testicular • Asbestosis • Pleural Plaques • Other cancers include: Laryngeal, Ovarian, Colorectal, Pharyngeal, Esophageal and Stomach
  7. 7. Mesothelioma and Asbestosis Deaths (1999 - 2014) 3,400 3,500 3,600 3,700 3,800 3,900 4,000 4,100 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 Deaths
  8. 8.
  9. 9. Can’t • Identify or manage the risk
  10. 10. New Asbestos Use Existing Asbestos Use Asbestos Imports TSCA Section 6 Must Prohibit
  11. 11. “In 2015, the Department of Commerce submitted a report to Congress stating approximately $2.2 million in brake friction materials containing asbestos was imported into the U.S. in 2013.” Asbestos Brake Friction Imports (2013) - Motor & Equipment Manufacturers Association
  12. 12. TSCA Takeaways  President Barack Obama became the first sitting US president to publicly acknowledge the dangers of asbestos as a known human carcinogen.  ADAO urges EPA to include asbestos among the top ten chemicals for prioritized risk evaluation and regulation under Section 6 of The Lautenberg Act.
  13. 13. Brent Kynoch Managing Director Environmental Information Association (EIA)
  14. 14. What is Asbestos?
  15. 15.
  16. 16. Where is Asbestos?
  17. 17. 31 Million Metric Tons Asbestos Consumption 1900 - 2016
  18. 18. NIOSH: “Firefighters in the study had a rate of mesothelioma two times greater than the rate in the U.S. population as a whole.”
  19. 19. TSCA Takeaways  In 2013, a National Institute of Occupational Safety and Health (NIOSH) study on mesothelioma found that “firefighters in the study had a rate of mesothelioma two times greater than the rate in the U.S. population as a whole.”  Asbestos can still be found in U.S. homes, schools, offices, and consumer products.
  20. 20. Mark Catlin Industrial Hygienist, Occupational Health & Safety Section American Public Health Association (APHA)
  21. 21. 1930 • IARC lists asbestos as a human carcinogen • • NIOSH calls for a ban on asbestos in US workplaces. 1976 • EPA lists asbestos as a hazardous air pollutant • OSHA and NIOSH created the first standard for regulating asbestos exposure. 19711964 Merewether and Price report the first epidemiological study showing asbestos exposure causes asbestosis and death. Irving Selikoff’s study of insulation workers irrefutably proved that asbestos is a human carcinogen.
  22. 22. Elimination of Asbestos APHA Policy Resolution, adopted November 2009 Congress should pass legislation banning the manufacture, sale, export, or import of asbestos-containing products (i.e., products to which asbestos is intentionally added or products in which asbestos is a contaminant)… The ban should also apply to products containing asbestos or arising from asbestos-contamination of other ingredient minerals (e.g., talc, vermiculite, taconite, quarried stone)… database/2014/07/23/13/09/elimination-of-asbestos
  23. 23. Asbestos kills 15,000 Americans each year
  24. 24. TSCA Takeaways  Asbestos kills up to 15,000 Americans each year from asbestos-caused lung cancer, mesothelioma, asbestosis, and other cancers.  In 2009, the American Public Health Association (APHA) adopted the policy resolution calling for the global elimination of asbestos and strong prevention measures.
  25. 25. Environmental Consultant Barry Castleman, ScD
  26. 26. “There are 16 chlor-alkali plants operating in nine States that rely on this technology, that is Louisiana, Alabama, Indiana, Kansas, Nevada, New York, Texas, West Virginia and Wisconsin.” ~ Senator David Vitter 2007 EPW Hearing: “Examining the Human Health Effects of Asbestos and the Methods of Mitigating Such Impacts”
  27. 27. Over 60% of U.S. chlor-alkali industry relies on technology that uses asbestos diaphragms.
  28. 28. Chlor-Alkali Asbestos Exposure Pathways 1. Mining and Milling 2. Transporting 3. Storage 4. Chlor-alkali Processing 5. Spillage and Clean-up 6. Removal/Replacement of Asbestos Diaphragms 7. Disposal
  29. 29. TSCA Takeaways  Asbestos is a known human carcinogen, and there is no safe level of asbestos exposure.  The 2015 United States Geological Survey (USGS) reported the chloralkali industry accounted for an estimated 90% of U.S. consumption.
  30. 30. Mesothelioma Patient Diagnosed in 2011 Mike Mattmuller
  31. 31.
  32. 32. Asbestos in Schools Report
  33. 33. TSCA Takeaways  I am the new face of mesothelioma patients, and I am only 34—with a brand new baby girl.  Asbestos is in children’s toys and consumer products in the United States, confirmed by several independent investigations in 2000, 2007, and 2015.
  34. 34. Andy Igrejas Executive Director Safer Chemicals, Healthy Families (SCHF)
  35. 35. Safer Chemicals, Healthy Families • The Safer Chemicals, Healthy Families coalition represents 450 organizations and businesses, including parents groups, health professionals, advocates for people with learning and developmental disabilities, labor unions, public health advocates, and environmental groups large and small from across the nation.
  36. 36. Frank R. Lautenberg Chemical Safety for the 21st Century Act • Asbestos was front and center in the long debate over TSCA reform. • The ability to ban asbestos was the minimum benchmark against which reform proposals were measured. • Lautenberg Act passed that threshold.
  37. 37. PRIORITIZATION of High Priority Chemicals • The Administrator shall give preference to— – “(i) chemical substances that are listed in the 2014 update of the TSCA Work Plan for Chemical Assessments as having a Persistence and Bioaccumulation Score of 3; and – “(ii) chemical substances that are listed in the 2014 update of the TSCA Work Plan for Chemical Assessments that are known human carcinogens and have high acute and chronic toxicity.
  38. 38. SCHF Recommendations for the First 10 High-Risk Chemicals • Asbestos • Lead & Lead compounds • Cadmium & Cadmium compounds • 1-Bromopropane • 1,4-Dioxane • Styrene • Cyclic Aliphatic Bromides Cluster of flame retardants (HBCD) • Octamethylcyclotetrasiloxane (D4) • Nonylphenol and Nonylphenol Ethoxylates (NP/NPEs) • Tetrachloroethylene (PERC)
  39. 39. TSCA Takeaways  The EPA’s failure to ban asbestos and the related court decisions is what drove TSCA reform the most.  The Lautenberg Act’s most important achievement was giving EPA the ability to act on the worst existing chemicals.  Asbestos is at the top of that list. If EPA cannot use the new law to ban asbestos, it will suggest that the reform effort failed.
  40. 40. Daniel Rosenberg Senior Attorney Natural Resources Defense Council (NRDC)
  41. 41. TSCA Then… • In 1989, the US EPA announces an asbestos ban after concluding exposure posed unreasonable risk to human health • In 1991, a weak TSCA led to the ban being overturned in litigation – Risks must be weighed against its benefits and cost of restriction or ban – EPA must choose “least burdensome means” of regulating to protect against risk And Now… • EPA must review existing and new chemicals by a health-based standard and not the cost of restriction or ban • EPA must ensure the protection of “potentially exposed or susceptible populations”
  42. 42. EPA must begin risk evaluations on 10 chemicals selected from Workplan List by December 22, 2016 Asbestos is on the Workplan List
  43. 43. 1. Chemical selected for review 2. Risk Evaluation: ≤ 3 years 3. Create and enact restrictions: ≤ 2 years *up to 2 years extension allowed Evaluating and Rulemaking
  44. 44. • Best Case Scenario effective controls in place and enforceable by the end of 2021 • Worst Case Scenario effective controls not in place until the end of 2028
  45. 45. TSCA Takeaways  The Frank R. Lautenberg Chemical Safety for the 21st Century Act replaces the 1976 TSCA “burdensome cost- benefit safety standard”—which prevented EPA from banning asbestos—with a health-based safety standard and a requirement to protect “susceptible” populations.  Even under the “best case scenario” for evaluating and restricting chemicals, it will likely take years for EPA to address even the “worst of the worst” chemicals like asbestos.
  46. 46. Congressional Consensus Sen. Jon Tester Sen. Barbara Boxer Sen. Dianne Feinstein
  47. 47.
  48. 48.
  49. 49. Consensus Asbestos Belongs in TSCA Top Ten
  50. 50. Protect Citizens and Businesses We call on your office to urge the EPA to prioritize asbestos on the 2016 top ten list of high-risk chemicals for evaluation and regulatory action.