Industry News

bonamici, merkley introduce bicameral legislation to ban asbestos and save lives

Bonamici.house.gove

Washington, DC – Oregon’s Congresswoman Suzanne Bonamici and U.S. Senator Jeff Merkley this week introduced the Alan Reinstein Ban Asbestos Now Act of 2022, legislation to prohibit the manufacture, processing, use, and distribution in commerce of commercial asbestos. The Alan Reinstein Ban Asbestos Now Act of 2022 will ban the importation and use of all six of the recognized asbestos fibers, expanding on the EPA’s recent proposed rulemaking which will only ban one. The full bill text can be found here. For the full text of the release, click here.

Avoiding Lead Paint Renovation Fines

Washington, DC – The EPA is serious about compliance, especially when it comes to home renovations containing lead-based paint. “Reducing childhood lead exposure and the associated health impacts is a top priority for EPA,” states an EPA news release. “That’s why EPA inspectors will be working actively in overburdened communities … to encourage greater compliance with the federal Lead Renovation, Repair, and Painting (RRP) Rule.” 

For the full text, click here.

EPA Opens 60 Day Comment Period: Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain Conditions of Use Under Section 6(A) of TSCA

Federal Register

National – EPA has opened the 60-day comment period for the proposed rule under the Toxic Substances Control Act (TSCA) to address the unreasonable risk of injury to health it has identified for conditions of use of chrysotile asbestos following completion of the TSCA Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos. TSCA requires that EPA address the unreasonable risks of injury to health and environment by rule and to apply requirements to the extent necessary so that chrysotile asbestos no longer presents such risks. Comments must be received on or before June 13, 2022.

For the full text and to submit comment, click here.

EPA Fines Missouri Home Renovators for Alleged Lead-Based Paint Violations

WDRB Springfield, MO

Two Missouri home renovation companies have agreed to pay almost $10,000 collectively in penalties to the EPA to resolve alleged violations of the federal Toxic Substances Control Act. According to EPA, Swedlund Construction LLC of St. Louis and Rozell Siding and Windows Inc. of Springfield failed to comply with regulations intended to reduce the hazards of lead-based paint exposure during renovations. In both cases, EPA alleged that the companies failed to obtain EPA renovator certification and failed to assign a certified renovator prior to performing renovations. EPA says that Swedlund Construction also failed to comply with multiple safety practices while performing renovations, such as containing the spread of renovation dust and debris as well as warning occupants and other people to remain outside the worksite. 

For the full text, click here.

EPA Ban On Chrysotile Like to Lead to Mean Increased PFAS Use

National Law Review Washington, DC

The EPA also recognized the fact that a complete ban on chrysotile asbestos will have a particular impact on chlor-alkali companies, as asbestos-containing diaphragms are currently used by the industry to manufacture a significant amount of the chlorine produced in the United States. Although the industry will be given two years to switch away from the use of asbestos-containing products, the EPA recognizes that the TSCA rule may necessarily lead to increased use of PFAS in the industry. While the EPA is willing to proceed with the proposal despite the increased PFAS use, businesses must pay close attention to the Safe Drinking Water Act and CERCLA developments with respect to PFAS, which could result in significant financial consequences with increased PFAS use. 

Click here for the full article. 

The Future is Now for TSCA Risk Management Rule-Making for Asbestos and Other Chemicals

National Law Review National

EPA has proposed a ban on the ongoing uses of chrysotile asbestos, illustrating EPA’s strong authority under section 6 of the Toxic Substances Control Act (TSCA). Nevertheless, it is the alternatives to a ban that EPA considered but did not adopt that have the most implications for companies that make or use other chemicals for which EPA is conducting risk evaluations. The proposal heralds a new era of EPA promulgating much stricter workplace protections than OSHA has done or that it could do under its statute. 

For the full text, click here.

Feds Accused of Ignoring Asbestos and Mold at Women’s Prison

Associated Press by Michael Balsamo and Michael R. Sisak Washington, DC

A government watchdog has found a “substantial likelihood” the federal Bureau of Prisons committed wrongdoing when it ignored complaints and failed to address asbestos and mold contamination at a federal women’s prison in California that has already been under scrutiny for rampant sexual abuse of inmates. The whistleblower complaints, filed by union officials at the Federal Correctional Institution in Dublin, California, alleged that senior Bureau of Prisons officials had failed to act to resolve the allegations of workplace contamination. The union had repeatedly complained that correctional officers and other prison workers and inmates were being exposed to potentially hazardous mold and asbestos but says those concerns were ignored. 

Click here for the full article. 

EPA Opens 60 Day Comment Period: Asbestos Part 1: Chrysotile Asbestos; Regulation of Certain Conditions of Use Under Section 6(A) of TSCA

Federal Register National

EPA has opened the 60-day comment period for the proposed rule under the Toxic Substances Control Act (TSCA) to address the unreasonable risk of injury to health it has identified for conditions of use of chrysotile asbestos following completion of the TSCA Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos. TSCA requires that EPA address the unreasonable risks of injury to health and environment by rule and to apply requirements to the extent necessary so that chrysotile asbestos no longer presents such risks. Comments must be received on or before June 13, 2022.

For the full text and to submit comment, click here.

HGTV ‘Good Bones’ Settles US EPA Actions, Accepts $40k Fines for Lead Paint Violations

Haring Indianapolis, IN

EPA said Friday that it had reached a settlement with Two Chicks and a Hammer, Inc. — the company founded by mother-daughter duo Karen E. Laine and Mina Starsiak Hawk. The settlement indicates they allegedly violated a federal lead paint law. Good Bones follows Starsiak Hawk, a real estate agent and mother of two, and her mom, Laine, a lawyer, as they buy dilapidated properties in their hometown of Indianapolis. During each episode, the pair demos a house down to the studs and renovate it into a dazzling family home, while offering a glimpse into their personal lives. 

Click here for the full article. 

EPA Proposes an Asbestos Ban…yes, But Here Are the Details

LinkedIn by Tom Laubenthal

National – With the US EPA’s recently proposed ban on chrysotile, it is helpful to understand a brief history of asbestos ban efforts in the US to understand the context and details. From specific categorical bans in the 70s to failed attempts at total asbestos ban legislation in the 80s, 90s, and 2000s, EPA and other agencies have been unsuccessful in their public health missions, to protect people and the environment. The latest activity is the result not of agency action in the interest of public health, but of litigation and the advocacy of nonprofit organizations such as ADAO and EIA. 

For the full text, click here.