Attorneys general from eleven states have filed an asbestos lawsuit against the EPA, seeking to compel the agency to enact more stringent asbestos regulations.

The suit was filed in response to the EPA’s refusal to create more stringent reporting regulations for the use of asbestos at companies and in products used in the United States.

Fifteen states had submitted a petition in January asking the EPA to add new provisions to the Chemical Data Reporting regulations. The proposed provisions would require companies to report information to the EPA regarding asbestos and asbestos-containing materials. The EPA denied the petition in full.

In the lawsuit, the states say “the new regulations are necessary for EPA to perform a risk evaluation of asbestos pursuant to [Toxic Substances Control Act] Section 6 using information ‘consistent with the best available science’ – meaning information that is ‘reliable and unbiased.’”

Currently, the EPA does not require reports of “naturally occurring substances,” such as asbestos in its natural form. Asbestos occurs naturally in the ground and is often found near talc.

The lawsuit alleges the EPA is not collecting information about the importation or processing of asbestos in certain products, which could potentially be hidden health hazards.

The lawsuit says, “Undisputed evidence demonstrates that the manufacturing, importation, processing and use of asbestos-containing products present an unreasonable risk of injury and harm to human health and environment.”

Asbestos Lawsuit Alleges Lack of Data Endangers Residents

Massachusetts Attorney General Maura Healey and California Attorney General Xavier Becerra are leading the EPA lawsuit that includes fellow attorneys general from Connecticut, the District of Columbia, Hawaii, Maine, Maryland, Minnesota, New Jersey, Oregon and Washington.

Asbestos is a toxic and carcinogenic mineral that was banned in the U.S. in 1989, except in cases where no substitute product can be used. The exceptions allow asbestos to be imported and processed.

The EPA’s website indicates the petition to increase regulations was denied because it would provide duplicated information.

The lawsuit says the EPA receives a majority of its information regarding asbestos importation from the U.S. Geological Survey. That entity provides estimates only and does not have accurate data regarding the amount of asbestos used in the creation of products, such as brake linings and wallpaper.

By rejecting the states’ request to investigate and identify the individual amounts of asbestos used in the production of a variety of products in the U.S., the states say in their lawsuit that the EPA is stopping the states from knowing where potential asbestos dangers exist. The lack of information potentially endangers their residents, alleges the asbestos lawsuit.

As a result, the states say they will incur additional unexpected expenses to try to add their own asbestos regulations. They allege they will also face increased health costs associated with asbestos-related diseases.

Known Risks of Asbestos Exposure

The EPA began regulating asbestos in the 1970s because of the risks of inhaling the tiny asbestos fibers that can become airborne when the material is disturbed.

Asbestos became popularly used during the Industrial Revolution because the substance is heat-resistant and strong. Railroad workers, shipyard workers, electricians, boiler operators, aircraft and auto mechanics and asbestos minors all could have been at high risk of asbestos exposure.

The symptoms of asbestos-related disease generally don’t become evident until 10 to 40 years after exposure. Lung cancer, mesothelioma cancer and asbestosis are among the potential dangers of exposure to asbestos dust.