The EPA's 2024 Asbestos Evaluation

Taking a closer look at the Environmental Protection Agency’s overhaul of asbestos regulation.

2024 was a monumental year in the legal history of asbestos regulation. The EPA unveiled the long-awaited full ban on asbestos, which proved to be a definitive step in the right direction, signaling America’s decisive pivot away from this cancer-causing material once and for all. At the close of 2024, the Environmental Protection Agency (EPA) has taken a significant step in its ongoing efforts to protect public health from the dangers of asbestos. Here’s what you should know.

Understanding the EPA’s Asbestos Risk Evaluation

In a recent Federal Register notice, the EPA announced its final supplemental risk evaluation for asbestos, explicitly declaring it a “significant and unreasonable risk” to human health. This determination, a culmination of years of research and legal challenges, marks a pivotal moment in asbestos regulation and underscores the continued need for vigilance, testing, and proactive health measures. This post will delve into the details of the EPA report, its implications, and the crucial steps individuals and organizations should take to mitigate the risks associated with asbestos exposure.

The EPA’s recent announcement stems from its responsibilities under the Toxic Substances Control Act (TSCA), which mandates that the agency evaluate the potential health and environmental risks of chemical substances. The process has involved a rigorous assessment of existing scientific data, which is weighed against regulatory standards for human safety. As part of this process, the EPA identified asbestos as one of the first ten chemicals to undergo risk evaluation. However, initial assessments were challenged in court over how the EPA defined the scope of their assessments.

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Environmental Protection Agency’s 2024 Evaluation of Asbestos, Part 2

EPA’s Regulation of Legacy Asbestos

A key turning point came with a court ruling that required the EPA to include “legacy uses” and associated disposals of asbestos in their risk evaluation. This meant going beyond the current use of asbestos and exploring the risks associated with past uses of the material, even when there was no longer ongoing manufacturing or distribution. This change in scope is crucial, as it acknowledges the long-term health implications of past asbestos exposure, particularly among older buildings and industrial sites where the material was once commonplace. This led to the EPA splitting its risk evaluation into two parts.

Regulation the Six Types of Asbestos

The recent publication in the Federal Register is the final risk evaluation for Asbestos Part 2, which addresses not only the ongoing use of chrysotile asbestos but also five other fiber types, asbestos-containing talc, and Libby asbestos, a particularly hazardous type of asbestos. The EPA’s determination of asbestos as an “unreasonable risk” represents a substantial move toward regulating a toxic material that has plagued many communities.

Key Findings and Implications of the EPA’s Latest Asbestos Evaluation

The most critical takeaway from the EPA’s report is the definitive conclusion that asbestos, as a chemical substance, poses an unreasonable risk to human health. This finding is significant for a number of reasons. 

First, the EPA has now made a single risk determination, rather than one for each condition of use. This recognizes that the hazards of asbestos extend across its entire life cycle, from manufacturing to disposal, and is appropriate due to the many conditions of use that contributed to the health risks. 

Secondly, this new determination overrides previous findings of “no unreasonable risk” for certain conditions of use, emphasizing that any level of asbestos exposure, across its variety of forms, presents a public health concern. This marks a shift from focusing only on active manufacturing toward including past exposure to a range of factors. 

Finally, the EPA’s assessment takes into consideration exposure to a range of populations, including workers, handlers, bystanders, consumers, and the general population. This highlights that the risk of exposure isn’t just limited to those directly involved in asbestos manufacturing or processing, but extends into many corners of the population. The determination of “unreasonable risk” is not merely a conclusion but a call to action. Under TSCA, the EPA is now mandated to initiate risk management actions to mitigate these identified risks. This marks the beginning of what will likely be a process of new regulatory actions around asbestos.

What These Findings Mean for Asbestos Regulation

The EPA’s report is not just an academic exercise; it carries substantial legal and regulatory weight. The Agency is required by law to implement measures to mitigate or eliminate the identified unreasonable risk. This could lead to stricter regulations on asbestos, including measures to reduce human exposure, control environmental releases, and potentially ban certain uses of the substance. This would add to existing restrictions, further curtailing the use of asbestos and its related products. Increased enforcement of existing regulations is also a likely outcome. 

This would mean more rigorous monitoring of workplaces and construction sites where asbestos may be present and stiffer penalties for non-compliance. Furthermore, the report will force the EPA to specifically address the risks of legacy uses and disposal of asbestos, which will likely lead to greater emphasis on asbestos remediation efforts in older buildings and industrial sites. Finally, this report will also lead to greater public awareness of the ongoing dangers of asbestos, which is hoped to lead to better public health practices.

The Continuing Need for Asbestos Testing and Removal

Despite decades of regulation, asbestos remains a threat in many older buildings, homes, and industrial locations. This is not just a problem for industrial facilities; asbestos can also be found in older schools, hospitals, homes, and apartments, sometimes in unexpected places. The EPA’s recent findings underscore the necessity of ongoing asbestos testing and removal. Before any demolition or renovation work, thorough asbestos surveys must be conducted by certified professionals. 

These surveys identify the presence and location of asbestos-containing materials (ACMs). When ACMs are found, removal must be performed by trained and certified asbestos abatement contractors. Proper removal procedures are essential to prevent the release of asbestos fibers into the air, ensuring that there is no further risk of contamination. Asbestos removal must involve proper containment methods to prevent fiber migration and the use of appropriate disposal methods in line with local and federal guidelines. These methods may also include decontamination practices to ensure the space is safe for use after remediation.

Protecting Your Health: Screening and Awareness

The risks associated with asbestos exposure are significant, and the long latency period of related illnesses means that health impacts may not become apparent until many years after exposure. As one researcher put it, “Many patients who developed asbestos cancer, especially women, were unaware that they had been exposed to a time-bomb with a very long fuse.” 

Because of this, regular medical screenings are crucial for anyone who has a history of asbestos exposure. Individuals with a known or suspected history of asbestos exposure should discuss this with their healthcare provider, and should also inform them of symptoms associated with asbestos-related illnesses. 

Regular chest X-rays and CT scans can help detect early signs of asbestos-related diseases, such as asbestosis, lung cancer, and mesothelioma, allowing for timely treatment and management. Pulmonary function tests, which assess lung capacity and functionality, can be crucial in diagnosing and monitoring respiratory diseases caused by asbestos. Finally, individuals should be aware of the common symptoms of asbestos-related illnesses, which include shortness of breath, persistent cough, chest pain, and unexplained weight loss. Prompt medical attention should be sought if any of these symptoms develop.

Proactive Measures for a Safer Future

The EPA’s declaration of asbestos as an “unreasonable risk” is a critical development in the long fight against this hazardous substance. This new regulatory movement underscores the importance of taking a proactive approach to addressing the potential dangers associated with asbestos, both in our personal lives and in our communities. By investing in proper asbestos testing and removal, advocating for safer workplace practices, and supporting regular medical screenings, we can work toward creating a safer and healthier future, free from the devastating impacts of asbestos exposure.