The US Environmental Protection Agency (EPA) has wanted to ban all uses of asbestos since 1979, and this year it's closer to succeeding than ever before. In a recent policy speech, EPA administrator Lisa Jackson said that reforming the regulation of dangerous materials and chemicals was one of her department's top priorities. The focus of their reform is the 1976 Toxic Substances Control Act. The EPA is working with New Jersey senator Frank Lautenberg on legislation that he will introduce to update and toughen that law.
The original law assumed that all chemicals were benign until proven otherwise, and placed the burden of proof on the EPA. The new legislation will reverse this arrangement: manufacturers will be required to prove that their products are safe. All chemicals and materials will now be evaluated against current standards for human health and environmental safety. The revised legislation also requires that the standards be based on valid scientific research.
In 1973 the then-fledgling agency ruled that spray-on asbestos insulation constituted a serious air-pollution hazard, and banned its use in the US. Sixteen years later, the EPA widened its ruling to ban all use of asbestos. The industry immediately attacked the ruling in federal court, and two years later, it was struck down. Since then, despite the large and increasing body of knowledge about the fatal potential of asbestos exposure, this dangerous substance is used in hundreds of applications in homes, automobiles and industry. The new legislation, with the prospect of stronger safety standards, provides the best chance for implementing a total ban against asbestos.
Support for the new legislation comes not only from public health and environmental groups, but the chemical industry as well. Chemical manufacturers and cleaning product companies report that their customers are asking hard questions about the safety of products. States and municipalities are implementing their own laws covering chemical exposure. Manufacturers recognize that a higher standard of transparency and reliability has evolved within the public, and they must now provide much more information about their processes and products. The American Chemistry Council, the chemical manufacturers' trade group, supports a single set of federal standards that would apply across the country.
Commenting on the proposed legislation, Sen. Lautenberg said, "America's system for regulating toxic chemicals is broken. [The EPA's] announcement marks a breakthrough for public health and makes clear that President Obama and the EPA understand the problem and will fight for the right solution."
Legislation, like a ball game, ain't over til it's over. Nonetheless, the commitment to a tougher law, and the wide support from the manufacturing community give the EPA's and Sen Lautenberg's initiative a good chance of passage. This Congress may be the one to write a law that leads to the end of asbestos use in the US.
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