EPA Announces Part 2 of Final Rule to Prohibit Asbestos Use in the U.S.

The U.S. Environmental Protection Agency (EPA) has recently taken steps to address the ongoing health risks associated with asbestos exposure, particularly in occupational settings. On December 3, 2024, the agency released Part 2 of its final risk determination, which outlines the potential dangers posed by asbestos to workers under specific conditions. This move is part of a broader initiative aimed at managing the “unreasonable risk” linked to the legacy use and disposal of asbestos materials.

Understanding Asbestos and Its Risks

Asbestos is a naturally occurring mineral that has been widely used in various industries due to its heat resistance and insulating properties. However, exposure to asbestos fibers can lead to severe health issues, including lung cancer, mesothelioma, and asbestosis. These diseases often develop after prolonged exposure, making it crucial to understand the risks associated with asbestos in the workplace.

Despite its known dangers, asbestos was commonly used in construction materials, automotive products, and insulation until the late 20th century. Many older buildings still contain asbestos in materials such as:

• Floor tiles
• Ceiling tiles
• Pipe insulation
• Roofing materials

The risks associated with these legacy products remain a significant concern, particularly for workers involved in demolition, renovation, or maintenance of older structures.

Part 1 of the Asbestos Rule

Earlier this year, in March, the EPA announced Part 1 of its final asbestos rule, which prohibited the use and importation of chrysotile asbestos under the Toxic Substances Control Act (TSCA). Chrysotile is the only type of asbestos still imported into the United States, making this ban a critical step in reducing exposure risks. The TSCA, originally enacted in 1976, aims to regulate chemicals that are not covered by other federal laws.

Public Involvement and Legal Challenges

The EPA’s announcement in March invited public comments, and the rule took effect on May 28, 2024. However, the swift implementation has already led to multiple lawsuits filed by various stakeholders, including industry representatives, labor unions, and environmental organizations. These lawsuits have been consolidated into the Fifth Circuit of Appeals, where they will be litigated.

Part 2: Focus on Specific Asbestos Types

Types of Asbestos Addressed

The recent Part 2 determination focuses on five distinct types of asbestos, along with talc and Libby asbestos. The evaluation centers on the concept of “legacy use,” which refers to the use of asbestos materials that are no longer being manufactured, processed, or distributed. This section of the rule also examines the future disposal of legacy asbestos.

Talc and Its Potential  Contamination Issues

Talc, often used in personal care products like talcum powder, has come under scrutiny due to its potential contamination with asbestos during mining. This contamination has led to a surge in lawsuits related to talcum powder and its alleged role in causing cancers, including mesothelioma. One notable talcum powder manufacturer, Johnson & Johnson is currently facing nearly 60,000 talcum powder cancer lawsuits as it navigates a contentious Chapter 11 bankruptcy proceeding.

What is Libby Asbestos?

Libby asbestos refers to the asbestos mined in Libby, Montana, where vermiculite was extracted from 1920 until the mine’s closure in 1990. This mining operation is estimated to have produced a significant portion of the world’s vermiculite supply, which was often contaminated with a dangerous form of asbestos known as Libby Amphibole asbestos (LA). The EPA has conducted extensive studies revealing the presence of LA in various environments, prompting a formal cleanup program that lasted from 2000 to 2018.

Potential Occupational Exposure Risks

High-Risk Occupations

The EPA has identified that the highest potential for asbestos exposure exists among workers who regularly cut, sand, or grind materials containing asbestos. Construction workers involved in the demolition of older buildings are particularly vulnerable, as they may encounter legacy asbestos products that pose significant health risks.

First Responders and Asbestos Exposure

First responders, including firefighters, are also at an elevated risk of asbestos exposure during emergencies. Fires can release asbestos fibers into the air, potentially endangering the health of those who respond to such situations. The ongoing presence of legacy asbestos in older buildings adds to this risk, highlighting the need for comprehensive safety measures.

EPA: Asbestos Remains a “Serious Health Threat”

Part 2 of the EPA’s announcement aims to lay the groundwork for proposed regulations designed to protect workers from the hazards associated with asbestos exposure. Despite the regulatory advancements, the EPA warns that asbestos remains a serious health threat that requires ongoing attention and caution. The agency emphasizes the necessity for ongoing vigilance and action to mitigate the potential health risks posed by asbestos.