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LATEST NEWS- Bay Area Air Quality Management  District- Asbestos and PCB Survey And J Numbers for Demolition and Asbestos found in Children's Make-up

  Coalition of attorneys general sue EPA over asbestos regulation

San Francisco — Attorneys general of 10 states and the District of Columbia are suing the Environmental Protection Agency and its administrator, Andrew Wheeler, over the agency’s refusal to issue a rule to further regulate asbestos – a known human carcinogen.

In a lawsuit filed June 28 in the U.S. District Court for the Northern District of California, the plaintiffs contend that EPA’s April 30 denial of their Jan. 31 petition urging the agency to implement a reporting rule mandating data on asbestos use and importation is “arbitrary, capricious and not in accordance” with requirements under the Toxic Substances Control Act of 1976.

The plaintiffs assert that data provided under possible additional regulation would allow EPA to better “assess the potential hazards and exposure pathways of asbestos” while using the “best available science” in its evaluations.

“Given EPA’s understanding of asbestos and reporting, EPA does not believe that the requested reporting requirements would collect the data the petitioners believe the agency lacks,” EPA states in its response to the petition.

“Asbestos is a known carcinogen that kills tens of thousands of people every year,” Massachusetts Attorney General Maura Healey said in a July 1 press release, “yet the Trump administration is choosing to ignore the very serious health risks it poses for our residents. We urge the court to order EPA to issue this new rule to help protect workers, families and children from this toxic chemical.”

Healey and California Attorney General Xavier Becerra are listed as lead plaintiffs in the lawsuit. They are joined by attorneys general from Connecticut, Hawaii, Maine, Maryland, Minnesota, New Jersey, Oregon, Washington and the District of Columbia.

In April, EPA released a final “significant new use” rule the agency said is intended to keep manufacturers from reintroducing “discontinued uses” of asbestos. The rule, which went into effect June 24, established a review process requiring agency approval for entities seeking to start or resume uses that include – but aren’t limited to – adhesives, sealants, and roof and non-roof coatings; arc chutes; millboard; reinforced plastics; roofing felt; and vinyl-asbestos floor tile.

EPA states that the rule doesn’t impact the prohibited uses of asbestos covered in a 1989 partial ban.

In March, lawmakers reintroduced legislation in both the House and Senate renewing a call for a complete federal ban of asbestos, a long-standing effort of Sen. Tom Udall (D-NM). The bill is named for the late Alan Reinstein, who died from mesothelioma in 2006 and whose wife, Linda, now heads the Asbestos Disease Awareness Organization.

On July 12, the coalition of attorneys general who filed suit against EPA, along with colleagues from six other states, sent a letter to the leadership of the House Energy and Commerce Committee calling for bicameral support of the legislation.

“The protections afforded by the Reinstein bill are necessary now because EPA clearly has demonstrated that it is unable and unwilling to use its authority under TSCA to address the unreasonable risks of injury to health and the environment posed by asbestos,” the letter states.

Linda Reinstein, in a July 15 press release, called the letter “a major step forward in our fight to ban asbestos.” In a July 1 release, she voiced her support of the lawsuit filed against EPA, expressing gratitude to the attorneys general for “fighting to hold EPA accountable for yet another of its many asbestos failures.”

Asbestos is among the first 10 chemicals undergoing evaluation for potential health and environmental risks under the Frank R. Lautenberg Chemical Safety for the 21st Century Act, which amended TSCA.

PCBs in Priority Building Materials: Model Screening Assessment Applicant Package PCBs in Priority Building Materials: Model Screening Assessment Applicant Package Managing PCBs−Containing Building Materials during Demolition

This document is a deliverable of the BASMAA project: Managing PCBs−Containing Building Materials during Demolition: Guidance, Tools, Outreach and Training. BASMAA developed guidance, tools, and outreach and training materials to assist with San Francisco Bay Area municipal agencies’ (Permittees) efforts to address the requirements of Provision C.12.f. of the Bay Area Municipal Regional Stormwater Permit (referred to as the MRP).  Provision C.12.f of the MRP requires Permittees to manage PCBs–containing building materials during demolition.  Specifically, MRP Provision C.12.f.ii (2) requires that by July 1, 2019 Permittees “implement or cause to be implemented the PCBs management protocol for ensuring PCBs are not discharged to MS4s [municipal storm drain systems] from demolition of applicable structures via vehicle track-out, airborne releases, soil erosion, or stormwater runoff.”

The PCBs in Priority Building Materials: Model Screening Assessment Applicant Package (Applicant Package) contains model supplemental demolition permit application materials that incorporate the PCBs in building materials control program requirements in the MRP. 

 It includes supplemental demolition permit application model materials, including an overview of the process.  The Applicant Package summarizes the typical process that a local agency will need to follow to implement a new program to manage PCBs-containing materials during building demolition.  It is anticipated that each jurisdiction’s approach to implementing the new program will vary depending upon that agency’s current procedures and needs.  Potential approaches include using the model materials as a stand-alone program, or incorporating questions in the model materials into existing demolition permit or building permit applications, Construction and Demolition (C&D) applications and plan development guidance, and/or information management systems such as GreenHalo™. 

Asbestos Found in Children's Make-up

Claire’s Recalls Makeup Containing Asbestos

Published on July 23, 2019

Last month the mall retailer Claire’s was forced to voluntarily recall a makeup kit marketed to pre-teens and teenagers after Food and Drug Administration (FDA) tests showed the presence of asbestos. The product, Claire’s JoJo Siwa’s Tween Makeup Set, is the subject of a June 6, 2019 Safety Alert by the FDA. This was the second recall of makeup products containing asbestos by Claire’s in the last three months.

The FDA recommends on its website that consumers who have this batch of Claire’s JoJo Siwa Tween Makeup Set should stop using the products, and the company said it will issue refunds to consumers. The specific lot affected is:

Claire’s JoJo Siwa Makeup Set, SKU #888711136337, Batch/Lot No. S180109

In the same statement, the Food and Drug Administration also recalled products from Beauty Plus Global, a Chinese company. The specific product of theirs recalled was Beauty Plus Global Contour Effects Palette 2, Batch No. S1603002/PD-C1179.

Why Is Asbestos in Makeup?

Asbestos ends up in makeup because of poor regulations involving cosmetic-grade talc, which is also known as talcum powder. Talc and asbestos are minerals that form together. That means talc mined for commercial uses can be contaminated with asbestos — a known cause of lung cancer and mesothelioma.

Talc is added to makeup because it creates a soft, silky texture, and it dilutes pigmented products and acts as filler. It is a common ingredient in powder compacts, finishing powders, eye shadows, blushes, foundations and creams.

It is the softest mineral on earth and is known for its ability to absorb moisture and reduce the appearance of oily skin. For example, talcbased face powders are commonly used on top of cream foundations to “set” the foundation so that it stays in place and looks naturally dry instead of oily and shiny.

The U.S. Food and Drug Administration (FDA) says it is important to select talc mining sites carefully and take steps to purify talc to prevent asbestos contamination in cosmetic products. Unfortunately, this is easier said than done.

There is a long history of asbestos remaining in talc that is certified asbestos-free.

Manufacturers don’t purposely add asbestos to cosmetics, but there is a lack of regulation around cosmetic-grade talc. Because of that relaxed oversight, no one is checking for the presence of asbestos. That means companies can get away with not testing their talc for asbestos before putting it into their products — possibly harming consumers.

Claire’s History of Asbestos-Tainted Product Recalls

Claire’s products have been scrutinized since 2017 when a Rhode Island mom had her daughter’s makeup from Claire’s tested and was shocked to find that it contained asbestos. In all Claire’s issued recalls on nine (9) of its products at that time:

Ultimate Mega Make Up Set, code 71844.

Metallic Hot Pink Glitter 48-Piece Makeup Set, code 76094.

Pink Glitter Cellphone Makeup Compact, code 26556.

Bedazzled Rainbow Heart Makeup Set, code 11767.

Rainbow Bedazzled Star Make Up Set, code 20926.

Rainbow Glitter Heart Shaped Makeup Set, code 97275.

Mint Glitter Make Up Set, code 74769.

Rainbow Bedazzled Rectangle Make Up Set, code 21044.

Pink Glitter Palette with Eyeshadow & Lip Gloss, code 97276.

In March of this year, Claire’s recalled another three makeup products after FDA testing found that the products were contaminated with tremolite asbestos. Tremolite, an amphibole form of asbestos, is often present in talc, an ingredient often used in cosmetics.

The lots recalled for containing asbestos in March 2019 were:

Claire’s Eye Shadows — Batch No/Lot No: 08/17

Claire’s Compact Powder — Batch No/Lot No: 07/15

Claire’s Contour Palette — Batch No/Lot No: 04/17

When the first recall occurred in 2017, Claire’s disputed the validity of the asbestos tests performed by the independent testing agencies, Scientific Analytical Institute (SAI) and STAT Analysis Corporation (STAT). Despite this, in March of this year Claire’s issued a statement stating that it has switched to talc-free manufacturing for all its products.

Talc and Health

Talc has been implicated in the development of cancer. Both ovarian cancer and mesothelioma are associated with the use of cosmetic talc. Mesothelioma, a cancer that is only caused by asbestos, is probably caused by the asbestos contaminant in talc. Exposure to cosmetic talc is associated with ovarian cancer, although scientists are not exactly sure of how it causes cancer. To read more on talc and cancer, click here.

What Can You Do?

You must check your children’s makeup products for the presence of talc. Talc may be described on a label as talc, talcum powder, magnesium silicate, or cosmetic talc. The FDA does not have pre-market review authority and cannot enforce any recall over cosmetics. Unfortunately, because of this regulatory gap, there is no federal agency with primary responsibility for regulating asbestos or talc in makeup.

Cal/OSHA enforces:

If you wish to file a complaint with Cal/OSHA about hazardous exposure to asbestos fibers or non-asbestiform fibers in your workplace, follow the instructions for filing a complaint with the Cal/OSHA Enforcement district office that serves your job location.

Asbestos Contractor Registration

Registration with Cal/OSHA is required for contractors and employers that remove asbestos having an asbestos fiber content of more than 0.1% and 100 square feet or more of surface area of asbestos-containing material.5

» Learn more.

Asbestos Consultant and Technician Certification

Certification is required for consultants and technicians conducting asbestos sampling or planning and overseeing asbestos removal projects of 100 square feet or more of surface area of asbestos-containing construction materials.5 See also applicable California Title 8 regulations, Section 1529(q) and Section 341.15.

» Learn more.

Asbestos Trainers Approval

Cal/OSHA has a program for approving Asbestos Hazard Emergency Response Act (AHERA) asbestos training courses.5

» Learn more.

Required Notifications by Employers Regarding Carcinogens

Employers are required to notify Cal/OSHA in the following situations:6

Carcinogen Use

The use of a carcinogen must be reported to the Asbestos and Carcinogen Unit.

Carcinogen Release Incidents

Incidents involving the release of a carcinogen must be reported to:

Contact the Asbestos and Carcinogen Unit

Cal/OSHA Asbestos and Carcinogen Unit
2424 Arden Way Suite 495
Sacramento, CA 95825-2417

Phone:(916) 574-2993
Email:[email protected] (contractor registrations, and carcinogen reports)
Email:[email protected] (consultant & technician certifications, and AHERA course approvals)

More information about asbestos ...

18 CCR section 1529

28 CCR section 8358

38 CCR section 5208

48  CCR section 5208.1

5 Labor Code sections 6501.5-6510 and 9020-9022

6 Labor Code sections 9030-9032 and 8 CCR section 5203

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