On March 18 the EPA announced a final rule to prohibit ongoing uses of chrysotile asbestos, the only known form of asbestos currently used in or imported to the United States.
The ban on ongoing uses of asbestos is the first rule to be finalized under the 2016 amendments to the nation’s chemical safety law, the Toxic Substances Control Act (TSCA).
In a release from the EPA it said that exposure to asbestos is known to cause lung cancer, mesothelioma, ovarian cancer, and laryngeal cancer, and it is linked to more than 40,000 deaths in the U.S. each year.
“The science is clear – asbestos is a known carcinogen that has severe impacts on public health. President Biden understands that this concern that has spanned generations and impacted the lives of countless people. That’s why EPA is so proud to finalize this long-needed ban on ongoing uses of asbestos,” said EPA Administrator Michael S. Regan, in a statement.
Chrysotile asbestos is found in products including asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets. The use of asbestos in the United States has been declining for decades, and its use is already banned in over 50 countries.
Although there are several known types of asbestos, the only form known to be imported, processed, or distributed for use in the United States is chrysotile. Raw chrysotile asbestos was imported into the United States as recently as 2022 for use by the chlor-alkali industry. Most consumer products that historically contained chrysotile asbestos have been discontinued.
Chlor-alkali Sector
The chlor-alkali sector uses asbestos diaphragms to make sodium hydroxide and chlorine, a critical use of which is to disinfect drinking water and wastewater. There are other ways to disinfect water and other ways to produce chlorine; in fact, two-thirds of the chlorine produced in the U.S. is produced without using asbestos. While there are only eight chlor-alkali plants in the United States that still use asbestos diaphragms, EPA must still ensure that the eight facilities have a reasonable transition time for the phase out of asbestos that does not inadvertently adversely impact drinking or wastewater purification efforts.
EPA is banning the import of asbestos for chlor-alkali use immediately to close the door forever on the use of asbestos by this sector. The eight remaining facilities that use asbestos must transition to either non-asbestos diaphragms or to non-asbestos membrane technology, and the final rule ensures that six of the eight will have completed this transition within five years, with the remaining two to follow.
- EPA has determined that converting facilities from using diaphragms that contain asbestos to those that do not within five years provides both a reasonable transition time and is as soon as practicable without disrupting the supply of chlorine that is needed for water purification purposes. EPA also believes that five of the eight facilities likely plan to undergo such conversions.
- EPA has also determined that converting facilities from using diaphragms that contain asbestos to non-asbestos membrane technology requires extensive construction, additional permits, specialized expertise and parts for which there are limited suppliers. EPA has therefore determined that a reasonable transition time for companies that plan to transition multiple facilities to non-asbestos membrane technology is five years to convert their first facility, eight years to convert their second and 12 years to convert their third, and the facilities will be required to certify their continued progress with EPA.
Remaining Uses
The final rule also:
- Bans most sheet gaskets that contain asbestos two years after the effective date of the final rule, with five-year phase-outs for sheet gaskets to be used to produce titanium dioxide and for the processing of nuclear material.
- Allows asbestos-containing sheet gaskets to continue to be used through CY 2037 at the Department of Energy’s Savannah River Site to ensure that the safe disposal of nuclear materials can continue on schedule while continuing to protect workers from exposure to radioactive materials.
- Bans the use of asbestos in oilfield brake blocks, aftermarket automotive brakes and linings, other vehicle friction products, and other gaskets six months after the effective date of the final rule.
EPA is requiring strict workplace safety measures to protect workers from asbestos exposure during any phaseout periods longer than two years. EPA is also ensuring that asbestos is disposed of properly, in line with industry standards, Occupational Safety and Health Administration requirements, and the Asbestos National Emission Standards for Hazardous Air Pollutants. The agency is also requiring recordkeeping.
Separately, EPA is also evaluating other types of asbestos fibers (in addition to legacy uses and associated disposal of chrysotile, and asbestos-containing talc) in part 2 of the asbestos risk evaluation. EPA will release part 2 of the draft risk evaluation soon and will publish the final risk evaluation by Dec. 1, 2024.