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Managing America: Health and Safety

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Week Ending October 5, 2007

S.742 An act to amend the Toxic Substances Control Act to reduce the health risks posed by asbestos-containing materials and products having asbestos-containing material, and for other purposes.

Asbestos is a persistent medical problem in the US due to years of use of the natural, fibrous product for insulation and industrial uses such as in auto break pads and linings.

The bill recognizes that there is still much to be done to reduce exposure to the material and to research and treat the medical conditions that result from exposure.

Asbestos has not been mined in the US since 2002. Imports, about 2350 tons per year, come mostly from Canada. The material is still used in about 3,000 products including “cement and cement panels, sheets, and tiles; fabric, including yarn, thread, cord, and string; gaskets, packing material, and seals; and aircraft parts”. Congress has learned that asbestos is more frequently being found in imported products from countries that poorly regulate the material.

The National Institute for Occupational Safety and Health is directed to conduct a study that describes scientific facts concerning disease and health effects from exposure to asbestos and other similar fibers. The study will also focus on methods for measuring and analyzing asbestos, describe labeling practices relating to asbestos-containing materials and recommend future asbestos-related disease research and assessments.

The bill also requires EPA rules that prohibit the import, manufacture, processing or distribution of asbestos-containing products. The Department of Defense and NASA could apply for exceptions.

Other than products that are not available for sale of owned by a consumer, Asbestos-containing products are to be disposed of within two years.

The public is to be made aware of the dangers of asbestos exposure and sources in the home that may provide that exposure. Health care providers are encouraged to provide patients and families with information relating to asbestos research, diagnosis and treatment. A clearing house foe data and specimens relating to asbestos-related disease and coordinated research programs and a treatment network are ordered. Mesothelioma and related diseases affecting the US Armed Forces is to be a special focus.

More details on asbestos exposure and risks below….

Sponsor:  Senator Patty Murray (D-WA)

Vote: Passed Senate by Unanimous Consent October 4, 2007

Cost to the taxpayers: CBO estimates that implementing this legislation would cost $112 million over the 2008-2012 period.

Earmark Certification:   Not applicable to this bill.

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MORE INFORMATION

Congress finds that--

(1)(A) the Administrator of the Environmental Protection Agency has classified asbestos as a category A human carcinogen, the highest cancer hazard classification for a substance; and

(B) the International Agency for Research on Cancer has classified asbestos as a class 1 human carcinogen;

(2) many people in the United States incorrectly believe that--

(A) asbestos has been banned in the United States; and

(B) there is no risk of exposure to asbestos through the use of new commercial products;

(3) the United States Geological Survey reported that, in 2006, the United States used 2,000 metric tons of asbestos, of which approximately--

(A) 55 percent was used in roofing products;

(B) 26 percent was used in coatings; and

(C) 19 percent was used in other products, such as friction products;

(4) the Department of Commerce estimates that the United States imports more than $100,000,000 of brake parts per year;

(5) available evidence suggests that--

(A) imports of some types of asbestos-containing products are increasing; and

(B) some of those products are imported from foreign countries in which asbestos is poorly regulated;

(6) families of workers are put at risk because of asbestos brought home by the workers on the shoes, clothes, skin, and hair of the workers;

(7) the National Institutes of Health reported to Congress in 2006 that mesothelioma is a difficult disease to detect, diagnose, and treat;

(8) the Environmental Working Group estimates that as many as 10,000 citizens of the United States die each year from mesothelioma and other asbestos-related diseases;

(9)(A) mesothelioma responds poorly to conventional chemotherapy; and

(B) although new combination treatments for mesothelioma have demonstrated some benefits--

(i) the median survival period for mesothelioma is only 1 year after diagnosis of the disease; and

(ii) the majority of mesothelioma patients die within 2 years of diagnosis of the disease;

(10) in hearings before Congress in the early 1970s, the example of asbestos was used to justify the need for comprehensive legislation on toxic substances;

(11) in 1976, Congress passed the Toxic Substances Control Act (15 U.S.C. 2601 et seq.);

(12) in 1989, the Administrator of the Environmental Protection Agency promulgated final regulations under title II of the Toxic Substances Control Act (15 U.S.C. 2641 et seq.) to phase out asbestos in consumer products by 1997;

(13) in 1991, the United States Court of Appeals for the 5th Circuit overturned portions of the regulations, and the Federal Government did not appeal the decision to the Supreme Court;

(14) as a result, while new applications for asbestos were banned, asbestos is still being imported and used, and is otherwise present as a contaminant, in some consumer and industrial products in the United States;

(15) the National Cancer Institute recognizes a clear need for new agents to improve the outlook for patients with mesothelioma and other asbestos-related diseases;

(16) the National Institutes of Health should continue to improve detection, treatment, and management of asbestos-related diseases, such as mesothelioma, including by providing continued support for the pleural mesothelioma treatment and research program and peritoneal surgical initiatives;

(17) the Department of Defense should study diseases related to asbestos exposure in the military and veteran population, including by conducting research in coordination with the National Institutes of Health on the early detection and treatment of mesothelioma;

(18) with some exceptions relating to certain uses, asbestos has been banned in 40 countries, including Argentina, Australia, Austria, Belgium, Chile, Croatia, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Latvia, Luxembourg, the Netherlands, Norway, Poland, Portugal, Saudi Arabia, the Slovak Republic, Spain, Sweden, Switzerland, and the United Kingdom;

(19) asbestos was banned throughout the European Union in 2005; and

(20) banning asbestos from being used in or imported into the United States will provide certainty to manufacturers, builders, environmental remediation firms, workers, and consumers that after a specific date, asbestos will not be used, added, or allowed to be knowingly present as a contaminant in new construction and manufacturing materials used in this country.

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