Judge Rules EPA Must Tighten Asbestos Data Collection

Asbestos Exposure & Bans

Written by Tim Povtak

Reading Time: 3 mins
Publication Date: 12/23/2020
Fact Checked
Our fact-checking process begins with a thorough review of all sources to ensure they are high quality. Then we cross-check the facts with original medical or scientific reports published by those sources, or we validate the facts with reputable news organizations, medical and scientific experts and other health experts. Each page includes all sources for full transparency.
Reviewed

Asbestos.com is the nation’s most trusted mesothelioma resource

The Mesothelioma Center at Asbestos.com has provided patients and their loved ones the most updated and reliable information on mesothelioma and asbestos exposure since 2006.

Our team of Patient Advocates includes a medical doctor, a registered nurse, health services administrators, veterans, VA-accredited Claims Agents, an oncology patient navigator and hospice care expert. Their combined expertise means we help any mesothelioma patient or loved one through every step of their cancer journey.

More than 30 contributors, including mesothelioma doctors, survivors, health care professionals and other experts, have peer-reviewed our website and written unique research-driven articles to ensure you get the highest-quality medical and health information.

About The Mesothelioma Center at Asbestos.com

  • Assisting mesothelioma patients and their loved ones since 2006.
  • Helps more than 50% of mesothelioma patients diagnosed annually in the U.S.
  • A+ rating from the Better Business Bureau.
  • 5-star reviewed mesothelioma and support organization.
Learn More About Us

Testimonials

"My family has only the highest compliment for the assistance and support that we received from The Mesothelioma Center. This is a staff of compassionate and knowledgeable individuals who respect what your family is experiencing and who go the extra mile to make an unfortunate diagnosis less stressful. Information and assistance were provided by The Mesothelioma Center at no cost to our family."
Lashawn
Mesothelioma patient’s daughter
  • Google Review Rating
  • BBB Review Rating

How to Cite Asbestos.com’s Article

APA

Povtak, T. (2021, January 7). Judge Rules EPA Must Tighten Asbestos Data Collection. Asbestos.com. Retrieved March 23, 2023, from https://www.asbestos.com/news/2020/12/23/epa-asbestos-data-lawsuit/

MLA

Povtak, Tim. "Judge Rules EPA Must Tighten Asbestos Data Collection." Asbestos.com, 7 Jan 2021, https://www.asbestos.com/news/2020/12/23/epa-asbestos-data-lawsuit/.

Chicago

Povtak, Tim. "Judge Rules EPA Must Tighten Asbestos Data Collection." Asbestos.com. Last modified January 7, 2021. https://www.asbestos.com/news/2020/12/23/epa-asbestos-data-lawsuit/.

EPA sign

United States District Judge Edward Chen has ordered the Environmental Protection Agency to improve its data collection on the amount of asbestos and asbestos products that are coming into the country.

Chen issued his ruling Tuesday in San Francisco, stemming from a lawsuit brought against the EPA by a group of nonprofit organizations wanting to close the current asbestos reporting loopholes.

The EPA has contended that the voluntary reporting today by manufacturers, processors and importers provided adequate data.

“EPA has not articulated a satisfactory explanation for its decision not to use its significant enforcement powers to collect information from companies concerning asbestos-related health risks,” Chen wrote in his ruling this week. “Whether EPA has adequately assembled all reasonable available information, and what kind of information that EPA did not possess, is at the crux of this case.”

Chen has directed the EPA to amend its Chemical Data Reporting rule to improve “information gathering deficiencies” that were identified in his ruling.

Victory for Asbestos Awareness Organizations

The Asbestos Disease Awareness Organization, American Public Health Association, Environmental Health Strategy Center and Environmental Working Group were among the nonprofits that brought the lawsuit against the EPA.

The ruling by Chen was applauded by the organizations.

“EPA cannot do its job to protect the public unless it has basic information on how much asbestos is entering the United States, and where it goes once it is here,” said Linda Reinstein, president of the Asbestos Disease Awareness Organization. “This win is an unequivocal rejection of EPA’s weak and inadequate protection of public health from a deadly substance.”

Asbestos is a naturally occurring mineral that was once lauded for its heat resistance. It was used in hundreds of consumer products. Unfortunately, it also is toxic and can lead to serious health issues, including mesothelioma cancer.

An estimated 100 metric tons of raw asbestos was imported into the U.S. in 2019, the smallest amount since records were first kept in 1910, according to the U.S. Geological Survey Mineral Commodity Summaries Report.

All raw asbestos being imported is used by the chloralkali industry. Imported products with asbestos, though, are not part of the summaries report.

Chen pointed out in his ruling that the EPA’s own Science Advisory Committee found the risk evaluation was not adequate and “specifically faulted EPA for relying on voluntary submissions instead of its authority to mandate reporting under [the Toxic Substances Control Act].”

In a hearing earlier this year in court, the EPA said that stricter reporting rules would not produce any new information “that is already known to EPA.” It also said it is “aware of all ongoing uses of asbestos and already has the information that EPA would receive if it were to amend the current Chemical Data Reporting rule.”

California Attorney General Xavier Becerra called Chen’s ruling “a critical first step toward eliminating exemptions that allow this unsafe chemical to harm our communities.”

California is one of several states that sued the EPA in 2019 over the lack of asbestos reporting. The others include Massachusetts, Connecticut, Maine, Maryland, New Jersey and Oregon.

paper with magnifying glass
Free Mesothelioma Resources
Get Access to Free Resources for Patients & Loved Ones