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Widely-used Toxins Excluded in US Agency's Chemical Review

by Associated Press

   BILLINGS, MONTANA --

   Spurred by the chemical industry, President Donald Trump's
   administration is retreating from a congressionally mandated review of
   some of the most dangerous chemicals in public use: millions of tons of
   asbestos, flame retardants and other toxins in homes, offices and
   industrial plants across the United States.
   Instead of following president Barack Obama's proposal to look at
   chemicals already in widespread use that result in some of the most
   common exposures, the new administration wants to limit the review to
   products still being manufactured and entering the marketplace.
   For asbestos, that means gauging the risks from just a few hundred tons
   of the material imported annually - while excluding almost all of the
   estimated 8.9 million tons (8.1 million metric tons) of
   asbestos-containing products that the U.S. Geological Survey said
   entered the marketplace between 1970 and 2016.
   The review was intended to be the first step toward enacting new
   regulations to protect the public. But critics - including health
   workers, consumer advocates, members of Congress and environmental
   groups - contend ignoring products already in use undermines that goal.
   The administration's stance is the latest example of Trump siding with
   industry. In this case, firefighters and construction workers say the
   move jeopardizes their health.
   Both groups risk harm from asbestos because of its historical
   popularity in construction materials ranging from roofing and flooring
   tiles to insulation used in tens of millions of homes. Most of the
   insulation came from a mine in a Montana town that's been declared a
   U.S. Environmental Protection Agency Superfund site and where hundreds
   of people have died from asbestos exposure.
   "Hundreds of thousands of firefighters are going to be affected by
   this. It is by far the biggest hazard we have out there," said Patrick
   Morrison, assistant general president for health and safety at the
   International Association of Fire Fighters. "My God, these are not just
   firefighters at risk. There are people that live in these structures
   and don't know the danger of asbestos."

   The EPA told The Associated Press on Wednesday that there were measures
   to protect the public other than the law Congress passed last year,
   which mandated the review of asbestos and nine other chemicals to find
   better ways to manage their dangers. For example, workers handling
   asbestos and emergency responders can use respirators to limit
   exposure, the agency said in a statement.
   Asbestos fibers can become deadly when disturbed in a fire or during
   remodeling, lodging in the lungs and causing problems including
   mesothelioma, a form of cancer. The material's dangers have long been
   recognized. But a 1989 attempt to ban most asbestos products was
   overturned by a federal court, and it remains in widespread use.
   The National Institute for Occupational Safety and Health analyzed
   cancer-related deaths among 30,000 firefighters from Chicago,
   Philadelphia and San Francisco. The 2015 study concluded firefighters
   contract mesothelioma at twice the rate of other U.S. residents.
   Firefighters also face exposure to flame retardants included in the
   EPA's review that are used in furniture and other products.
   "I believe the chemical industry is killing firefighters," said Tony
   Stefani, a former San Francisco fireman who retired in 2003 after 28
   years when diagnosed with cancer he believes resulted from exposure to
   chemicals in the review.
   Stefani said he was one of five in his station to contract cancer in a
   short period. Three later died, while Stefani had a kidney removed and
   endured a year of treatment before being declared cancer-free.
   "When I entered the department in the early 70s, our biggest fear was
   dying in the line of duty or succumbing to a heart attack," he said.
   "Those were the biggest killers, not cancer. But we work in a
   hazardous-materials situation every time we have a fire now."

   Mesothelioma caused or contributed to more than 45,000 deaths
   nationwide between 1999 and 2015, according to a Centers for Disease
   Control and Prevention study in March. The number of people dying
   annually from the disease increased about 5 percent during that time.
   In one of its last acts under Obama, the EPA said in January it would
   judge the chemicals "in a comprehensive way" based on their "known,
   intended and reasonably foreseen uses."
   Under Trump, the agency has aligned with the chemical industry, which
   sought to narrow the review's scope. The EPA now says it will focus
   only on toxins still being manufactured and entering commerce. It won't
   consider whether new handling and disposal rules are needed for
   "legacy," or previously existing, materials.
   "EPA considers that such purposes generally fall outside of the
   circumstances Congress intended EPA to consider," said EPA spokeswoman
   Enesta Jones, adding the agency lacks authority to regulate
   noncommercial uses of the chemicals.
   One of the law's co-authors, New Mexico Democratic Sen. Tom Udall,
   disputes that Congress wanted to limit the review.
   "It doesn't matter whether the dangerous substance is no longer being
   manufactured; if people are still being exposed, then there is still a
   risk,'' Udall told AP. "Ignoring these circumstances would openly
   violate the letter and the underlying purpose of the law."
   Democrats and public health advocates have criticized EPA Administrator
   Scott Pruitt for installing people with longstanding ties to the
   chemical industry into senior positions at the agency. On Wednesday,
   the Senate Environment and Public Works Committee, on a party-line
   vote, advanced the nomination of Michael Dourson, a toxicologist whose
   work has been paid for by the industry, to oversee the EPA's chemical
   safety program.
   Two prior appointments worked for the American Chemistry Council, the
   industry's lobbying arm: Nancy Beck, deputy assistant administrator for
   chemical safety, and Liz Bowman, the associate administrator for public
   affairs.
   The council pushed back against the Obama administration's
   interpretation of the law, urging the EPA's new leadership to narrow
   its review. The Trump administration did that in June.
   "Did we get everything we wanted? No. But we certainly agree the
   [Trump] administration put forth a reasonable final rule," said council
   vice president Michael Walls. Broadening the review, he added, would
   send the EPA "down a rabbit hole chasing after illusory risks."
   The politically influential National Association of Homebuilders, which
   represents the residential construction industry, fears broadly
   interpreting the new law would lead to burdensome regulations that are
   unnecessary because it says asbestos disposal rules already are
   adequate.
   Many of those regulations are based on a 1994 Occupational Safety and
   Health Administration finding that materials had to contain at least 1
   percent asbestos to qualify for regulation. But public health experts
   say the 1 percent threshold is arbitrary.
   "It's bad medicine, and it's harmful," said Michael Harbut, an internal
   medicine professor at Detroit's Wayne State University and medical
   adviser to an insulation workers' union.
   "There's still a lot of asbestos out there," said Harbut, who helped
   establish criteria used by physicians to diagnose and treat
   asbestos-related diseases. "It's still legal, it's still deadly, and
   it's going to be a problem for decades to come."