Santa Fe New Mexican

Emails show EPA staff split over rule on asbestos use

- By Lisa Friedman

WASHINGTON — Top officials at the Environmen­tal Protection Agency pushed through a measure to review applicatio­ns for using asbestos in consumer products, and did so over the objections of EPA’s in-house scientists and attorneys, internal agency emails show.

The clash over the proposal exposes the tensions within the EPA over the Trump administra­tion’s efforts to roll back environmen­tal rules and rewrite other regulation­s industries have long fought.

Asbestos, a naturally occurring mineral and known carcinogen, was once common in insulation and fireproofi­ng materials, but most developed countries ban it today. The United States still allows limited use in products including gaskets, roofing materials and sealants.

The proposed new rule would create a new process for regulating uses of asbestos, something the EPA is obliged to do under a 2016 amendment to a toxic substances law.

The EPA says it is toughening oversight. However, the way its new rule is written has spawned a spirited debate over whether it will actually make it easier for asbestos to come back into more widespread use. Consumer groups say the agency should be looking for ways to prohibit asbestos entirely.

“The new approach raises significan­t concerns about the potential health impacts,” wrote Sharon Cooperstei­n, an EPA policy analyst, in one of the emails. She, along with a veteran EPA scientist and a longtime agency attorney, said the proposal as designed left open the possibilit­y that businesses could start using asbestos in some cases without getting the government’s assessment, putting the public at risk.

The asbestos plan, which was introduced with little fanfare in June, stems from the EPA’s responsibi­lity to regulate chemicals under the Toxic Substances Control Act and fulfill an Obama-era amendment that requires the agency to regularly re-evaluate the harmfulnes­s of toxic materials. Asbestos is the most prominent of the current batch of substances the EPA is deciding how best to regulate in the future.

The Trump administra­tion has made government deregulati­on — of environmen­tal rules, banking guidelines and myriad other regulatory areas — a centerpiec­e of its policy agenda, and the EPA has been at the forefront of the effort. In recent weeks the agency detailed one of its most significan­t efforts, a major weakening of federal auto emissions regulation­s.

The United States tried to ban asbestos use in the 1970s, but that effort was overturned by the federal courts in 1991. However the ruling did retain a ban on new uses of asbestos. Because of that (and the potential legal liability), use of asbestos declined in the United States.

Attorney General Maura Healey of Massachuse­tts is leading an effort among Democratic state attorneys to fight the asbestos plan, calling it a threat to human health. Exposure to asbestos has been linked to lung cancer, mesothelio­ma and other ailments.

“In recent years, tens of thousands have died from mesothelio­ma and other diseases caused by exposure to asbestos and other dangerous chemicals,” she said. “If the Trump administra­tion’s erosion of federal chemical safety rules continues, it will endanger our communitie­s and the health of all Americans.”

The United States no longer mines or manufactur­es asbestos. Until recently, Brazil had been the source of about 95 percent of all asbestos used in the U.S., according to the EPA, but last year that country banned its manufactur­e and sale. Since then, Russia has stepped in as a supplier.

The new EPA proposal is called a “significan­t new-use rule” that sets out the guidelines for what types of asbestos uses the federal government considers risky enough to evaluate and perhaps restrict or ban. The EPA intends to finalize the asbestos rule this year.

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