WASHINGTON — The Environmental Protection Agency announced on Monday that asbestos, a substance that causes tens of thousands of American deaths each year, will be completely banned. Despite the ban, it is still used in some products like chlorine bleach and brake pads.
The new rule is a significant expansion of EPA regulation following a 2016 law that updated regulations for thousands of harmful chemicals in everyday products, ranging from household cleaners to clothing and furniture.
The new rule would prohibit chrysotile asbestos, which is the only type of asbestos still used in the United States. It is found in products like brake linings and gaskets, and it is used in the production of chlorine bleach and caustic soda, including some used for water purification.
EPA Administrator Michael Regan described the final rule as a major step to safeguard public health.
“With today’s ban, EPA is finally shutting down a chemical so hazardous that it has been banned in over 50 countries,” Regan stated. “This historical ban has been in the works for over 30 years, and it’s thanks to changes made by Congress in 2016 to improve the Toxic Substances Control Act, the primary U.S. law governing chemical use.
Asbestos exposure is known to cause lung cancer, mesothelioma, and other types of cancer, and it is responsible for over 40,000 deaths in the U.S. annually. Putting an end to the current uses of asbestos supports the objectives of President Joe Biden’s Cancer Moonshot initiative, a government-wide effort to eliminate cancer in the U.S., according to Regan.
“The evidence is clear: Asbestos is a recognized carcinogen with serious effects on public health. This action is just the beginning as we strive to protect all American families, workers, and communities from harmful chemicals,” Regan said.
The 2016 law allowed for new regulations for thousands of toxic chemicals present in everyday products, including substances like asbestos and trichloroethylene that have long been known to cause cancer but were largely unregulated under federal law. The law, known as the Frank Lautenberg Chemical Safety Act, aimed to streamline a patchwork of state regulations and update the Toxic Substances Control Act, a law from 1976 that had remained unchanged for 40 years.
The EPA banned asbestos in 1989, but the rule was mostly overturned by a 1991 Court of Appeals decision that weakened the EPA’s authority under the TSCA to address health risks from asbestos or other existing chemicals. The 2016 law required the EPA to assess chemicals and establish protections against unreasonable risks.
Asbestos, once commonly used in home insulation and other products, is banned in over 50 countries, and its use has been decreasing in the U.S. for decades. The only form of asbestos currently imported, processed, or distributed for use in the U.S. is chrysotile asbestos, which is primarily imported from Brazil and Russia. It is used by the chlor-alkali industry, which produces bleach, caustic soda, and other products.
Most products that once had chrysotile asbestos are no longer being made.
While chlorine is commonly used to clean water, only eight chlor-alkali plants in the U.S. still use asbestos diaphragms to make chlorine and sodium hydroxide. These plants are mostly in Louisiana and Texas.
The use of asbestos diaphragms has been decreasing and now makes up less than one-third of chlor-alkali production in the U.S., according to the EPA.
The EPA rule will stop asbestos imports for chlor-alkali as soon as it's published, but will gradually ban its use over five years or more for a smoother transition period.
A ban on most other uses of asbestos will take effect in two years.
The National Association of Clean Water Agencies, which represents 350 publicly owned wastewater treatment agencies, warned that an immediate asbestos ban would likely cause shortages and price increases for chlorine and other treatment chemicals used by the water sector.
The American Chemistry Council, the chemical industry’s largest lobbying group, argued that a 15-year transition period is necessary to prevent major disruptions in chlorine and sodium hydroxide supplies.
The ban on asbestos in oilfield brake blocks, aftermarket automotive brakes and linings, and other gaskets will come into effect in six months.
The EPA rule permits the use of asbestos-containing sheet gaskets until 2037 at the U.S. Department of Energy’s Savannah River Site in South Carolina to ensure the safe disposal of nuclear materials can continue on schedule.
Scott Faber, senior vice president of the Environmental Working Group, an advocacy group that pushed for the asbestos ban, praised the EPA action.
“For too long, polluters have been allowed to make, use and release toxics like asbestos and PFAS without regard for our health,” Faber said. “Thanks to the leadership of the Biden EPA, those days are finally over.”
In addition, the EPA is assessing older buildings, including schools and industrial sites, for remaining uses of asbestos to determine potential health risks. A final risk assessment is expected by the end of the year.
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