EPA will revisit Biden-era ban on the last type of asbestos used in US
WASHINGTON (AP) — The Environmental Protection Agency told a federal appeals court it will reconsider the Biden administration's ban on the last type of asbestos used in the United States to determine whether it went 'beyond what is necessary."
Asbestos is linked to tens of thousands of deaths annually and causes mesothelioma as well as other cancers. It has been largely phased out in the United States. Last year, the Biden administration sought to finish the decades-long fight by banning chrysotile asbestos. At the time, the EPA called it a milestone in the fight against cancer.
The EPA on Monday said in a court filing that it would reconsider the Biden administration's rule over roughly the next 30 months. The agency said the Toxic Substances Control Act requires it to evaluate a chemical's risk and the consequences of restricting it.
Now, officials will look at whether parts of the ban 'went beyond what is necessary to eliminate the unreasonable risk and whether alternative measures — such as requiring permanent workplace protection measures — would eliminate the unreasonable risk,' according to a court declaration by Lynn Ann Dekleva, a senior official in EPA's Office of Chemical Safety and Pollution Prevention.
Chrysotile asbestos is found in products like brake blocks, asbestos diaphragms and sheet gaskets and was banned under the Toxic Substances Control Act, which was broadened in 2016. When the ban was announced, there were eight U.S. facilities that used asbestos diaphragms in the chlor-alkali sector for the manufacture of chlorine and sodium hydroxide, chemicals commonly used as water disinfectants. The facilities were given at least five years to make the change.
The development was first reported by The New York Times.
Advocates blasted the move as weakening prohibitions against a deadly carcinogen.
'This latest move by Administrator Lee Zeldin and EPA is yet another alarming signal that this administration is operating without limits as they dole out favors to polluter lobbyists without regard for the health and well-being of people living in the US,' said Michelle Roos, executive director of the Environmental Protection Network, a nonprofit.
Zeldin has announced dozens of deregulatory actions in the first months of the Trump administration and former top industry officials are in key EPA positions — Dekleva, for example, used to work at the American Chemistry Council, which was among the groups that filed the court challenge against the Biden administration's ban. Recently, the EPA proposed a rollback of greenhouse gas rules for coal plants.
The American Chemistry Council said it supports the agency's move to ensure rules 'use a risk-based approach consistent with the best available science.'
The EPA did not immediately respond to a request for comment late Tuesday.
___
The Associated Press receives support from the Walton Family Foundation for coverage of water and environmental policy. The AP is solely responsible for all content. For all of AP's environmental coverage, visit https://apnews.com/hub/climate-and-environment
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San Francisco Chronicle
28 minutes ago
- San Francisco Chronicle
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He accused the EEOC under the Biden administration of 'injecting its far-left" agenda into the workplace, including by updating sexual harassment guidelines to warn against misgendering transgender workers and including abortion as a pregnancy-related condition under regulations for the Pregnant Workers Fairness Act. Questioning the EEOC's independence Democrats on the committee are likely to grill Lucas over criticism that she overstepped her authority by profoundly shifting the EEOC's direction to the whims of the president in the absence of a quorum, which commission has lacked since Trump fired the two commissioners. Sen. Patty Murray, a member of the committee, said she will oppose any EEOC nominations unless Trump reinstates the two fired Democratic commissioners, which she and more than 200 other Democratic senators and Congress members condemned in a letter to the president as an abuse of power. 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The EEOC's new approach alarmed more than 30 civil rights groups, which sent a letter to the Senate committee demanding that Lucas face a hearing. The groups argued that the EEOC was created by Congress under 1964 Civil Rights Act to be a bipartisan agency that would function independently from the executive branch. The EEOC, the only federal agency empowered to investigate employment discrimination in the private sector, received more than 88,000 charges of workplace discrimination in fiscal year 2024. Its commissioners are appointed by the president to staggered terms, and no more than three can be from the same party. Much of the EEOC's authority is granted by Congress, including the obligation to investigate all complaints and enact regulations for implementing some laws. EEOC shifts the focus of discrimination cases Under Lucas, the EEOC dropped seven of its own lawsuits on behalf of transgender or nonbinary workers. It also moved to drop a racial discrimination case on behalf of Black, Native American and multiracial job applicants after Trump ordered federal agencies to stop pursuing discrimination that falls under 'disparate impact liability,' which aims to identify practices that systematically exclude certain demographic groups. Instead, Lucas has turned the EEOC's attention to investigating company DEI practices. In her most high profile move, she sent letters to 20 law firms demanding information about diversity fellowships and other programs she claimed could be evidence of discriminatory practices. Lucas has also repeatedly encouraged workers nationwide to come forward with DEI complaints. She launched a hotline for whistleblowers and said workers should be encouraged to report bad DEI practices after a Supreme Court decision made it easier for white and other non-minority workers to bring reverse-discrimination lawsuits. ________ The Associated Press' women in the workforce and state government coverage receives financial support from Pivotal Ventures. AP is solely responsible for all content. Find AP's standards for working with philanthropies, a list of supporters and funded coverage areas at Alexandra Olson And Claire Savage, The Associated Press