Mr. President, today this body will pass comprehensive, bipartisan legislation to permanently ban the production, manufacture, and distribution of asbestos, a deadly carcinogen that is still legally used in the United States. It was my…
Mr. President, today this body will pass comprehensive, bipartisan legislation to permanently ban the production, manufacture, and distribution of asbestos, a deadly carcinogen that is still legally used in the United States.
It was my honor and pleasure to work with Senator Murray on this legislation. I have nothing but the highest regard for the Senior Senator from Washington State. The Senator and her staff have worked tirelessly on this issue for several years, and I am eager to continue to work with her to assure passage of this important legislation.
We also received invaluable cooperation and assistance from the Chair and Ranking Member of the Environment and Public Works Committee, Senators Boxer and Inhofe.
When inhaled, asbestos is known to cause diseases including mesothelioma, a cancer that occurs when malignant cells develop in the protective lining around the lungs. Despite this hazard, the substance is not banned.
The EPA initially proposed a ban of most asbestos-containing materials in the late 1970s. The rule was not finalized until 1989. Only 2 years later, however, the Fifth Circuit struck down the rule, finding that the EPA had ``failed to muster substantial evidence'' in support of the ban.
Today, the U.S. consumes about 2,000 tons of asbestos yearly, down from almost 800,000 tons consumed in the mid-1970s. Our bill will establish a permanent ban of asbestos that will be enforced by the Environmental Protection Agency.
The bill also mandates the most thorough Government study of asbestos to date. The study will ensure the best experts from the National Institute of Occupational Safety & Health, the National Academy of Sciences and the EPA examine all aspects of asbestos, including its natural properties, its geographic distribution across the United States, and its effects on the human body.
The bill also calls for a national mesothelioma registry and a public information campaign about the hazards of asbestos-containing materials.
For the few areas where asbestos is still used in the United States, this bill provides narrow exemptions or reasonable transitions to other alternatives.
This bill is the culmination of months of bipartisan work to find common ground on this issue. With a sweeping bill such as this one, many issues were difficult to resolve.
One difficult issue to resolve involved the treatment of nonasbestiform minerals. These so-called ``cleavage fragments'' are minerals that appear naturally and more abundantly than asbestos, are in land and dirt and are mined all across Georgia and in significant areas of the Nation. They are similar to asbestos in chemical makeup but differ significantly in structure and many other respects. The Federal Government has in the past through two decisions--one by OSHA, 1992 rulemaking, and one by CPSC, 1988 decision--spoken to the lack of health risk from nonasbestiform minerals, and many published, peer- reviewed studies confirm those findings.
Our bill makes no presumption as to the health effects of nonasbestiform minerals but rather enlists the Nation's best scientists to study nonasbestiform minerals and elongated mineral particles, a term that includes, but is not limited to, asbestos and other biopersistent elongated mineral particles. It will be important in these studies to both differentiate these minerals according to the asbestos-related health risks, and distinguish between these minerals as they are identified in the natural, mixed dust environment.
Asbestos, the path of its deadly health effects, the identification and differentiation of asbestos from other minerals especially in the natural, mixed dust environment, are all complex areas of science and it is time for the Federal Government to pool its expertise scattered among a half-dozen agencies, to better understand the risks and how to properly identify the fibers of risk.
Senator Murray is to be complimented for her skill in crafting a bill that provides what we intend to be a level playing field that will produce a better understanding of the why's and how's of life- threatening exposure to asbestos, how to accurately identify and measure it in the natural and mixed dust environments, and how to separate it from common everyday dirt and rocks critical to farming, homebuilding, construction and our everyday society.
Our bill provides for research by Government agencies including the world-renowned National Academy of Sciences, calling on their input into their input into the Federal studies, to assure peer review and consideration of the best science and studies available. It is essential that we bring the best science possible to bear on this most important issue.
Another difficult issue involved asbestos-based filters used in the production of chlorine. Our bill includes a reasonable compromise that protects the safety of the workers at these facilities and empowers the EPA to review the installations to ensure that the filters pose no unreasonable risk to workers.
Lastly, I want to commend the hard work of our staff on this issue. Specifically, Bill Kamela with Senator Murray, Mary Anne Dunlap with Senator Inhofe, Grant Cope with Senator Boxer, Ed Egee from my staff, and Colin Campbell with the Office of Legislative Counsel.
Banning asbestos is simply the right thing to do. This bill provides the framework for how this country must go about achieving this goal. I plan to work with my colleagues on both sides of the aisle to see it to the President's desk.
Mr. President, I thank the distinguished Senator from Washington, Mrs. Murray, for her kind remarks.
But I tell everyone in this Chamber and everyone who reads about this event, without her championing this issue over the last 7 years, it would not have happened. She has been a marvelous champion on behalf of those who have suffered from asbestos-related diseases, in particular mesothelioma.
I have watched her encounter countless hurdles on what is a very complex issue and a very complex piece of legislation. She has done a marvelous job. Her staff member Bill Kamela has been a tremendous help, as has my staff member Ed Egee. It would not have happened without the two of them.
As was mentioned by Senator Murray, Senator Boxer has been the real champion and given us the platform, the framework, and the latitude in the
committee to work this through this day.
When I entered the Congress in 1999, I had the privilege of meeting a gentleman by the name of Bruce Vento, a Congressman from the State of Minnesota. I only got to know Bruce for a short period of time, because a couple of years later his life was taken by mesothelioma. That was my first experience with it. His wife Sue has been an advocate, in countless appearances before the Congress, working toward a ban on asbestos. Today in Washington, Renee Hansen from my State of Georgia, Watkinsville, who suffers from mesothelioma, is here today by chance advocating on behalf of those who suffer from that dreaded disease, and seeking the Congress of the United States to take the action this Senate has just taken.
This country started 37 years ago by banning asbestos. But through court cases, through regulatory rulings, the ban never took place. Although the use of it has been restricted, as was stated by Senator Murray, it is used in countless products. This bill puts an end to asbestos. In those narrow exceptions of national defense, the space program, and a chlorine filter in a contained filter system, those are grandfathered, but with a system where they go out of business as replacements that can substitute for them come in.
Instead of taking legislative descriptions, we took scientific evidence and declared scientific studies in the future to make the determinations to see to it that Americans are no longer exposed to life-threatening fibers known as asbestos.
It has been a privilege for me to work on many things in my legislative career, both back in Georgia and in the Congress, but I do not know that I have ever had a more rewarding experience than looking in the eyes of those whose families and lives who have been touched by mesothelioma, and tell them the Congress today is going to do something about banning asbestos and take the step that is long overdue.
I am very proud to have walked in that march with Senator Murray and with Senator Boxer. I thank Senator Inhofe and his staff for their cooperation, who in the end made all of this possible.