The Asbestos Disease Awareness Organization Urging the EPA To Reconsider Asbestos Petition Denial

The Asbestos Disease Awareness Organization (ADAO) is urging EPA to reconsider its denial of the group’s request that the agency amend chemical reporting rules to increase reporting on asbestos importation and use in the United States, a request that comes as state attorneys general are filing their own petition asking EPA to take the same actions.

In a recent letter to Acting Administrator Andrew Wheeler, ADAO notes that the attorneys general (AGs) of 14 states and the District of Columbia have, on the same day, “petitioned EPA under section 21 of [the Toxic Substances Control Act (TSCA)] to require reporting on asbestos under the Act.”

“Since the state petition seeks similar asbestos reporting requirements, ADAO is asking EPA to reconsider its denial of the September 25, 2018 petition by public health groups. Attached is a rebuttal to the EPA petition denial which demonstrates that it was based on errors of law and fact, misrepresented the basis for the petition and ignored information in the asbestos docket and EPA’s own past statements.”

EPA denied the petition last month of ADAO and five other environmental and public health groups, stating that that it “does not believe that the requested amendments would result in the reporting of any information that is not already known to EPA.”

The petition wants the EPA  to add asbestos to the Chemical Data Reporting (CDR) program and strengthen reporting mandates by lowering the reporting threshold, eliminating exemptions for natural substances, impurities and ‘articles’ and requiring reporting by processors. The petition also asked EPA to “determine that reports submitted on asbestos are not subject to protection as confidential business information (CBI) because disclosure is necessary to protect against an unreasonable risk of injury to health under section 14(d)(3) of TSCA.”

The Attorneys General petition asks the EPA to “issue a new asbestos reporting rule to: (i) eliminate any applicability of the ‘naturally occurring substance’ (NOCS) exemption in the CDR for asbestos reporting; (ii) apply the CDR reporting requirements to processors of asbestos, as well as manufacturers, including importers, of the chemical substance; (iii) ensure that the impurities exemption in the CDR does not apply to asbestos; and (iv) require reporting with respect to imported articles that contain asbestos.”

The Asbestos Team at Terrell • Hogan continue to fight for victims who have been exposed to asbestos.  If you have developed lung cancer or mesothelioma due to exposure to asbestos, we can help you!


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About The Author

Alan Pickert

Alan Pickert

Alan Pickert, a longtime partner at the law firm Terrell • Hogan P.A., has been handling mesothelioma, asbestos lung cancer, auto/trucking accidents, dog attacks, bike accidents, and vaccine cases for over twenty five years in Florida. He has successfully handled over 2,000 asbestos cases and over 400 wrongful death lawsuits and he obtained one of the largest awards in the history of Vaccine Court for a child injured by the DTaP vaccine.