Law Firm Submits Challenge on Asbestos Guidelines

The law firm Morgan, Lewis & Bockius submitted a data quality petition to the Environmental Protection Agency (EPA) Aug. 19 challenging a 1986 publication that provides guidance to mechanics on the hazards of asbestos exposure. The “Guidance for Preventing Asbestos Disease Among Auto Mechanics,” commonly referred to as the “Gold Book,” provides guidance on the hazards of asbestos exposure during auto repair to auto mechanics. The petition maintains that the Gold Book should be considered “influential information” due to its role as an educational tool and the scientific issues it covers. According to agency guidelines influential scientific, statistical or financial data should be held to higher data quality standards. While medical issues are addressed in the Gold Book, it does not seem to fit in the category of scientific information. The firm also attempts to argue that the book’s impact has been significant, asserting that it has been improperly used to sway juries during asbestos personal injury litigation. The petitioner contends the Gold Book fails to comply with EPA’s data quality guidelines for several reasons:
  • It relies on inadequate and inappropriate data.
  • It is outdated and a number of contradictory studies have since been published.
  • The Gold Book’s origins, preparations, funding, review and approval are almost entirely undocumented and therefore no verification is possible.
In order to correct the information, the firm recommends that EPA discontinue dissemination of the book, notify the public that it is outdated, and update the information should EPA decide to continue providing guidance on the issue. It should be noted that it is unclear for whom or for what specific reason this law firm filed the petition. Under the EPA’s data quality guidelines, requestors seeking a correction of information must explain how they are affected by dissemination of the information. Nowhere in the petition does Morgan, Lewis & Bockius establish that they are an affected party. EPA’s Nov. 24 response approved most of the petition. The agency explained that it is beginning a larger effort to update Asbestos program materials, including the Gold Book. EPA claims the new brochure will be available in Spring 2004 for public comment. Until that time, EPA will add a note to the Gold Book brochure explaining that the material is being updated. It therefore appears that the agency will continue to disseminate the information.
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