ToxicsWatch Alliance welcomes total import ban on White Chrysotile Asbestos by USA after 35 years

India has banned mining of White Chrysotile Asbestos, not its trade, manufacture, use

 

Who compelled India to buy asbestos laden property in Washington D.C.?

  

ToxicsWatch Alliance (TWA), a member of Ban Asbestos Network of India (BANI) welcomes total import ban on White Chrysotile Asbestos, a mineral fiber that causes laryngeal cancer, lung cancer, mesothelioma, and ovarian cancer by USA under the the Toxic Substances Control Act (TSCA) which was amended in 2016. The new TCSA law provides the US Environment Protection Agency (USEPA) with more authority to restrict or ban commercial chemicals. The chrysotile asbestos ban is the first rule under the amended toxic chemical safety law. Unlike India which has imposed a partial ban on White Chrysotile Asbestos, US Environmental Protection Agency has announced that it is banning import of White Chrysotile Asbestos for all of the purposes for which these mineral fibers is used. 

 

 “The science is clear. There is simply no safe level of exposure to asbestos”, asserted Michael Regan, the 16th Administrator of USEPA, in a press conference while announcing the decision. Empowered by the amendment in TCSA, Washington, DC based US Environment Protection Agency (USEPA) has gone beyond its 35 years old 55 page long regulation dated July 12, 1989,  which had prohibited “the future manufacture, importation, processing, and distribution in commerce of asbestos in almost all products”under Section 6 of the Toxic Substances. Control Act (TSCA), 1976. But this 1989 prohibition was overturned by the U.S. Court of Appeals for the Fifth Circuit on October 25, 1991. Sadly, the Court decision was not appealed by the US President George H.W. Bush administration.

 

It is because of the tireless altruistic work of Washington, D.C based Asbestos Disease Awareness Organization (ADAO) and public health scholars like Dr. Barry Castleman, the author of Asbestos: Medical and Legal Aspects, Prof. Arthur L. Frank and Prof. David Michaels, the author of Doubt is Their Product: How Industry's Assault on Science Threatens Your Health that made the USEPA  to announce the final Part 1 rule prohibiting the importation and use of one type of white chrysotile as a significant step towards safeguarding the public health of present and future citizens of USA. Linda Reinstein, co-founder and president of ADAO has underlined that the rule has limited scope because it addresses only one of the six conditions. As a next step, the USEPA must restrict importation and use of five other recognized asbestos fibers, namely, crocidolite, amosite, anthophyllite, tremolite, and actinolite. She said,“Users of raw asbestos and asbestos-containing brake blocks and gaskets in the chlor-alkali, brake block, chemical and refining sectors will finally be required to transition to non-asbestos technology, but we are alarmed that the rule allows an unnecessarily long transition period and creates inconsistent compliance deadlines for certain asbestos users, which will allow dangerous exposure to chrysotile asbestos to continue for years to come.”

 

Drawing on press release issued by US EPA on its rule to ban asbestos in diaphragm-cell chlor-alkali plants and in imported gaskets and brake parts, Dr. Castleman said, "The rule says nothing about the most widely produced asbestos products in the world today, asbestos-cement sheets and pipes, as EPA was not able to identify A-C product use in the US (the last US plant making A-C pipe closed in 1992). The sole use of asbestos fiber imported into the US in recent years was for diaphragms in plants making chlorine.  Of the 8 remaining plants using asbestos, 5 will convert to non-asbestos diaphragms and 3 will convert to membrane cell technology.  EPA will allow 5 years for the conversion to non-asbestos diaphragms and allow up to 12 years for the last plant to be converted to membrane cells.  The rule also phases out asbestos gaskets for most uses in 2 years and brake parts in 6 months. The rule, which has some excessive delays for its application, could be delayed further by legal challenges." 

 

Responding to the announcement by US EPA, Prof. Frank said, "The new ban- really only a partial one in many ways- is a modest step forward but much still need doing here in the US. India, too, is proving a difficult place to move forward on protecting people from asbestos." 

 

The victims of asbestos-related diseases are a community of the same fate. It is estimated that 50, 000 Indians are dying of incurable asbestos-related diseases every year. In the US, more than one million US citizens have died from preventable asbestos-caused diseases during 1991-2021.The ruling parties and governments of USA and India must put public health before naked lust for profit, without being constrained by questionable electoral finance from asbestos based companies.    

     

The announcement by USEPA was made on March 18, 2024.TWA and BANI hope that India will impose a total ban on trade, manufacture and use of deadly mineral fibers of White Chrysotile Asbestos. BANI has been working for making India free from asbestos and asbestos related disease since April 2002 with limited success. TWA and BANI urge USEPA to desist from allowing long phase-out periods for some specific asbestos users and from permitting five other types of asbestos mineral fibers, drawing lessons from some 70 countries which have banned asbestos of all kinds.

 

Notably, Dr. S. Jaishankar, Union Minister of External Affairs informed parliament on February 9, 2023 that "There were asbestos concerns "with regard to  Indian property in Washington D.C. It posed a challenge in preparing it for use as an Indian Cultural Centre.”  It seems someone took India for a ride by selling a hazardous asbestos laden building in Washington D.C. An inquiry must be ordered by the government to ascertain who compelled India to buy asbestos laden property in Washington D.C. 

 

There is a compelling need for both the USA and India to enact a comprehensive ban on trade, manufacture and use of all six kinds of asbestos to pave the way for a future free from the tragedy of asbestos-related diseases.

California-based asbestos disease awareness organization invites BSPCB Chief & BANI founder to Speak on Global Asbestos Fight for Human Rights and Justice

California based Asbestos Disease Awareness Organization (ADAO), an independent nonprofit, is organizing their 11th Zoom conversation on “The Global Asbestos Fight for Human Rights and Justice” on July 21, 2021. The Global Asbestos Fight for Human Rights and Justice panel will consist of Barry Castleman, ScD; Ashok Ghosh PhD; Fernanda Giannasi, Gopal Krishna, PhD; Silvana Mossano, and Linda Reinstein. During the conversation, the panel will discuss the asbestos health crisis, human cost of inaction, and how imports and use impacts human rights and civil justice in Brazil, India, Italy, the United States, and world.

ADAO has invited Dr Ashok Ghosh, Chairman, Bihar State Pollution Control Board (BSPCB) and Dr Gopal Krishna, environmental lawyer and co-founder Ban Asbestos Network of India (BANI) to join the panel of experts which also include Barry Castleman, ScD; Fernanda Giannasi,;Silvana Mossano, and Linda Reinstein.

During the conversation, Dr Ashok Ghosh, Chairman, Bihar State Pollution Control Board (BSPCB) and Dr Gopal Krishna, environmental lawyer and co-founder Ban Asbestos Network of India (BANI) will discussBSPCB’s cancellation of the No Objection Certificate given to three asbestos based factories in Muzaffarpur, Vaishali and Koelwar, Bhojpur districts of Bihar, East India, which led to their permanent closure, was consistent with the recommendations of World Health Organisation (WHO), International Labour Organisation (ILO) and the verdict of Supreme Court of India. It attracted global attention. 

BANI’s struggle with Khet Bachao Jeewan Bachao Sangharsh Samiti and Paryavaran Bachao Jeevan Bachao Sangharsh Samiti raised awareness about the need for elimination of asbestos-related incurable, but preventable, diseases like asbestosis, lung cancer, ovarian cancer and mesothelioma. BANI has been working for an asbestos free India since 2000 inspired by trade union movements and right to health campaigns. BANI works with people's movements, doctors, researchers and activists besides trade unions, human rights, environmental, consumer and public health groups. BANI demands criminal liability for companies and medico-legal remedies for victims. BANI is seeking recommendations for the formulation of rules by the central and state governments to prevent unnecessary disease and deaths by banning carcinogenic asbestos mineral fibers laden talcum powder of all brands including Johnson & Johnson company that has allocated $3.9 billion for talc-related litigation. BANI has represented India at World Asbestos Congress, Tokyo, ADAO 15th Annual International Asbestos Awareness and Prevention Conference, Washington DC and George Washington University, Washington DC in the past. 

Barry Castleman, ScD is an Environmental Consultant trained in chemical and environmental engineering. He holds a Doctor of Science degree from the Johns Hopkins School of Public Health. He has been a consultant to numerous agencies of the US government and other governments, international bodies, and environmental groups dealing with a wide range of public health issues. He has testified as an expert in civil litigation in the US on the history of asbestos as a public health problem and the reasons for failure to properly control asbestos hazards. Dr. Castleman has spent the past 40 years working on asbestos as a public health problem.

Ashok Ghosh, PhD is Chairman of Bihar State Pollution Control Board.He is also working as Professor and HoD, Research at Mahavir Cancer Institute and Research Centre, Patna.The main areas of his research is ground water quality and quantity. Dr. Ghosh has worked extensively on groundwater arsenic contamination and its health impact. 

Fernanda Giannasi is a Civil and Safety Engineer and ex-Labor Inspector for the Ministry of Labor and Employment for 30 years. She is the coordinator of the Virtual Citizen Ban Asbestos Network for Latin America, founder of the Brazilian Association of People Exposed to Asbestos (ABREA) and Fellow of the Collegium Ramazzini. She serves as an expert witness in judicial cases related to asbestos, nuclear and other toxic chemicals. The 2018 Ramazzini Award was presented to Engineer Giannasi by the Collegium Ramazzini for her leadership in the promotion of an asbestos-free Brazil and in broadening the rationale for supporting a worldwide ban on asbestos and was recognized as a hero of worker safety and health as well an exemplary public civil servant.

Gopal Krishna, PhD has been a researcher and advocate on the subject of health hazards in hazardous industries like asbestos industry and ship breaking industry since 2000. He is the co-founder-convener of Ban Asbestos Network of India (BANI) and editor of BANI’s journal, www.asbestosfreeindia.org. He presented a paper “Research on Chrysotile Asbestos: Failure of Ethics by National Institute of Occupational Health and National Human Rights Commission” at 14th World Congress of Bioethics. 

Silvana Mossano was born in Casale Monferrato (Piedmont, Northern Italy), where she lives. Now retired, Silvana worked as a journalist for 40 years and for 31 years at La Stampa. She primarily wrote about crime, as well as her community and education. She followed all the Eternit trials, writing tens and tens of articles in over 35 years. As a published author, she has written the novel «Il cortile (the Courtyard) » (ebook, Gruppo Gems) and «Un giorno arriverò (one day I will arrive)» (2012, Salani), di «Malapolvere (Bad Dust)» (2010, Edizioni Sonda) and «Morire d’amianto (Dying of Asbestos)» (2012, ebook, La Stampa, coauthor: Michele Brambilla) on the tragedies of Asbestos, analyzing the human side though the testimonies of the witnesses at the trials. In addition, she has written texts for theatre songs and also sings. Her site is www.silmos.it.

Linda Reinstein is the President/CEO and Co-Founder of Asbestos Disease Awareness Organization (ADAO). Reinstein became an activist when her husband, Alan, was diagnosed with mesothelioma in 2003. She co-founded the Asbestos Disease Awareness Organization in 2004, and now serves as President and CEO.  Reinstein has been a strong political voice for justice in every major asbestos-related issue.

This information is available at ADAO’s 11th Zoom Conversation: The Global Asbestos Fight for Human Rights and Justice with Barry Castleman, ScD; Ashok Ghosh PhD; Fernanda Giannasi, Gopal Krishna, PhD; Silvana Mossano, and Linda Reinstein on July 21 - ADAO - Asbestos Disease Awareness Organization

The panel will discuss:

l How asbestos and the industry impacts human rights and civil justice around the globe

l Fernanda will discuss Brazil’s asbestos mining, exports to the US, and policy advancements 

l Ashok and Gopal will discuss how asbestos impacts Bihar, India and the numerous requests to build and operate asbestos plants in Bihar as an example of the national health crisis 

l Silvana will discuss the new Eternit Trial in Italy and the community’s fight for human rights and justice

l Barry and Linda will discuss a century of human rights violations in the U.S. and what ADAO is doing to end them through legal and legislative strategies 

For further details or to register visit:  

ADAO's website: https://www.asbestosdiseaseawareness.org/

Registration form: https://forms.gle/S7ktpN3jyfg4C5P89 

Gopal Krishna, krishnaruhani@gmail.com,

BANI’s website: www.asbestosfreeindia.org

ADAO was founded by Linda Reinstein and Doug Larkin in 2004 and headquartered in Redondo Beach, California. ADAO is the largest independent organisation in the U.S. dedicated to preventing asbestos exposure, eliminating asbestos-related diseases, and protecting asbestos victims’ civil rights through education, advocacy, and community initiatives. 

BANI’s 20 years of work  

2021-Ban Asbestos Network of India (BANI) joined "Global Asbestos Awareness Week (GAAW)" launched by Asbestos Disease Awareness Organization(ADAO) as it's Partner for Prevention.

2020-BANI asks, Did Labour Ministry delete its paper on Gov't ban on asbestos?

BANI raises issue of Johnson & Johnson’s Double Standard Regarding Their Asbestos Laden Talcum Powder

2019-BANI spoke at a Panel Discussion in George Washington University about the situation of asbestos & related diseases in India 

Campaign 'victory': Bihar considers ban on asbestos, carcinogenic to humans

BANI becomes subject matter of a defamation case in Google India Private Ltd vs M/S. Visakha Industries on 10 December, 2019

BANI campaigned for inclusion of chrysotile asbestos in the PIC list of Rotterdam Convention at COP 9. Chrysotile asbestos is a candidate chemical in the category of industrial chemicals that has been recommended by the Chemicals Review Committee (CRC) for listing in Annex III to the Rotterdam Convention but for which the Conference of the Parties (COP) has not yet been able to reach consensus.

2018-Amidst BANI's struggle for asbestos free India New rules to make Maharashtra State free of asbestos

2017-As a result of struggle of several years Bihar Pollution Board cancelled permissions for seven asbestos plants across the state

BANI campaigned for inclusion of chrysotile asbestos in the PIC list of Rotterdam Convention at COP 8. 

2016- BANI exposes India's doublespeak in environment protection

2015-BANI reveals Millions of lives at stake as India makes up its mind whether white asbestos is deadly

BANI campaigned for inclusion of chrysotile asbestos in the PIC list of Rotterdam Convention at COP 7.

2014-BANI’s Application in Bihar Human Rights Commission on Death of asbestos worker in Bihiya's asbestos factory

In the absence of “sufficient evidence”, Competition Commission of India completed the probe on a reference made by Enforcement Directorate, Serious Fraud Investigation Office on the basis of a complaint received by them and concluded that the major players in the manufacturing of Asbestos Cement Sheets are  not indulging in cartelized conduct. BANI holds the view that the very existence of Asbestos Cement Products Manufacturers Association as a non-profit organisation is a proof of cartelisation.    

2013-"Bihar Chief Minister promises to 'puncture' construction of asbestos factories" | (gban.net)

BANI campaigned for inclusion of chrysotile asbestos in the PIC list of Rotterdam Convention at COP 6. India reversed its position and opposed the listing of chrysotile asbestos under Annex III of the Rotterdam Convention at the sixth meeting of Conference of Parties (COP6) on May 8 in Geneva. 

2012-Conference passes Patna resolution for asbestos free Bihar, Pictures of Conference on Environmental & Occupational Health, Patna.

Amid incessant campaign, Competition Commission of India initiated a probe against cartelisation by Asbestos Cement Products Manufacturers Association wherein 6 major players-Everest Industries Ltd, Hyderabad Industries Ltd, Ramco Industries Ltd, Sahyadri Industries Ltd, UAL Industries Ltd. (UAL), and Visaka Industries Ltd. constituted 80-85% of the market share.    

2011-Ban Asbestos Network of India (BANI) reached National Human Rights Commission seeking ban on all kinds of asbestos. NHRC issues notice on white asbestos to govt ministries | Hindustan Times

BANI campaigned for inclusion of chrysotile asbestos in the PIC list of Rotterdam Convention at COP 5. It succeeded when Indian delegation agreed to the listing of chrysotile asbestos in the PIC list, and received a standing ovation at the plenary despite this there was no consensus on the listing of chrysotile asbestos in the PIC list.  

2010-BANI shared it's version with International Consortium of Investigative Journalists which conducted a nine-month long investigation and came out with "New revelations about asbestos use in India"

2009-BANI highlighted the misinformation campaign of the asbestos industry. Asbestos industry in trouble over ad campaign - The Hindu

2008-BANI wrote in Indian Journal of Occupational & Environmental Medicine, a publication of Indian Association of Occupational Health A government under an asbestos roof
BANI campaigned for inclusion of chrysotile asbestos in the PIC list of Rotterdam Convention at COP 4.

Both Union Ministry of Environment and Forests and Union Ministry of Labour & Employment informed Rajya Sabha and Lok Sabha that "Out of a total of Rs. 59.66 lacs allocated for the study by Ministry of Chemicals and Fertilizers, the Asbestos Cement Products Manufactures Association has contributed Rs. 16 lacs" on March 20, 2008 and March 17, 2008 respectively.

2007-BANI wrote about Russian asbestos position being caught in 1986 time frame

2006-BANI wrote about White asbestos, a health time bomb

BANI campaigned for the inclusion of chrysotile asbestos in Annex III to the Rotterdam Convention at its third Conference of the Parties (COP3). COP3 decided that the agenda for its next ordinary meeting shall include further consideration of a draft decision to amend  to include chrysotile asbestos.

2005-BANI used report of International Labour Organisation and World Bank Group to raise awareness about asbestos related diseases

2004-BANI highlighted the reply of Indian health minister in the parliament admitting asbestos related diseases caused due to exposure.  Say no to white asbestos - Rediff.com Business

BANI welcomed entry into force of the UN's Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade. It endorsed its decision to review inclusion of four amphibole forms of asbestos, amosite, actinolite, anthopyhllite and tremolite, in the interim PIC procedure besides chrysotile asbestos.

2003-BANI wrote to the Financial Express to contest the propaganda of asbestos industry regarding mythical safe & controlled use of asbestos.

2002-BANI used verdict in Japan to raise awareness about asbestos related diseases. BANI was formally launched.  

2001-BANI expressed its support for the decision of the WTO Appellate Body in European Communities-Measures Affecting Asbestos and Asbestos-Containing Products against Canada.   

2000-Ban Asbestos Network of India (BANI) commenced in the 5th year of Indian Supreme Court’s order of 1995 saying asbestos related diseases follows trail of exposure, & extend the chain of carcinogenic risk beyond the workplace regardless of location of exposure.

BANI co-founder to speak at George Washington University during Annual International Asbestos Awareness and Prevention Conference

Ban Asbestos Network of India (BANI) co-founder Gopal Krishna will be speaking at the Milken Institute School of Public Health, George Washington University at the 15th Annual International Asbestos Awareness and Prevention Conference during April 5-7, 2019. He will speak during the conference on “Deadly Propaganda: Asbestos Imports, Use and Deaths”. BANI has been working for asbestos free India since 2000. 

ADAO's 15th Annual International Asbestos Awareness and Prevention Conference on April 5 - 7, 2019 in Washington, DC http://bit.ly/2Va0u2019AAPC 

Deadly Propaganda: Asbestos Imports, Use and Deaths || “Breathless” Documentary Screening and Panel Discussion at George Washington University on Thursday, April 4, 2019 http://bit.ly/2QvgZZs. 

Formed in 2002, BANI is working with concerned villagers, city folks, peoples movements, doctors, researchers and activists besides trade unions, human rights, environmental, consumer and public health groups. 

BANI seeks accountability from public institutions, criminal liability for companies besides preventive and medico-legal remedy for victims of asbestos related diseases. BANI’s struggle with Khet Bachao Jeewan Bachao Jansangharsh committeeand Paryawarn Bachao  Jeewan Bachao Sangharsh Samiti  in  the  remote villages  of Bihar led to the stoppage of the  asbestos based plants in Bihar:

—Tamil Nadu based Nibhi Industries Pvt. Ltd’s Plant at Giddha, Ara, Bhojpur

—Telangana based Hyderabad Industries Ltd’s plant at Kumarbagh Industrial Area, West Champaran

—West Bengal based Balmukund Cement & Roofings Ltd’s at Chainpur-Bishunpur, Marwan, Muzaffarpur

—West Bengal based Utkal Asbestos Limited (UAL)’s Plant at Goraul, Vaishali

—Rajasthan based A Infrastructure Ltd’s  Plant at Pandaul Industrial Area, Madhubani

BANI has been working for asbestos free shipping, ship breaking/recycling industry and seeking ban on asbestos laden talc powder.