The Environmental Protection Agency is seeking public comment on its Draft Risk Evaluation on Asbestos. Finalizing this assessment is the next step in its evaluation of the risks associated with asbestos, a review it is authorized to do by the Toxic Substances Control Act (TSCA). The agency reviewed the data and literature available to it and made determinations on the effects asbestos has on the environment and public health.
In the Draft Risk Evaluation, released in March 2020, the EPA made two preliminary determinations: that asbestos does not pose an unreasonable risk to the environment under any conditions of use, and that exposure poses an unreasonable risk to workers, occupational non-users, consumers, and bystanders. It recommends that consumers should take steps to educate themselves on the content of products they use, specifically whether or not they contain asbestos, and to seek out information from retailers. For workers, the EPA simply encourages that they continue to abide by the information provided on material safety data sheets and in all workplace regulations.
The Draft Risk Evaluation will be available for 60 days after its publication in the Federal Register. Those who wish to review can go to this link.
There will be a virtual meeting held on April 27-30, 2020 during which the Draft Risk Evaluation will be peer reviewed by a panel of independent experts. More information about the upcoming meeting can be found here.
CMBG3 Law LLC has represented clients in toxic torts matters, especially with respect to asbestos, for many years. We provide the most current legal advice to our clients by staying on top of developments in science, medicine, and regulations regarding a wide variety of substances and products used by consumers every day. If you have any questions or would like more information about the EPA’s risk evaluation, please contact Suzy Englot (email her or 617-279-8242).
Suzanne Englot, Esq.
It is interesting that the EPA is putting some responsibility on consumers to take efforts to learn about the health risks of products they use. I wonder how this will impact failure to warn claims in the future.