The Alan Reinstein Ban Asbestos Now Act (S.2811 H.R.5373): Closing the Gaps in America’s Asbestos Policy
Posted on September 19th, 2025
While EPA’s 2024 rule banned some asbestos uses, the Alan Reinstein Ban Asbestos Now (ARBAN) Act (S.2811H.R.5373) would ban all asbestos fibers in all uses, through legislation that courts cannot overturn.
America’s Ongoing Asbestos Crisis
Asbestos is a deadly carcinogen that kills an estimated 40,000 Americans annually, and there is no safe level of exposure.
Unlike other hazardous materials that can be contained or controlled, asbestos fibers are microscopic, durable, and easily become airborne when disturbed. Asbestos risk is complicated to manage once the fibers are present in the environment. “Legacy” asbestos is asbestos that remains embedded in older homes, schools, and public buildings across America. This means that there are ongoing exposure risks that are nearly impossible to eliminate. Disasters like fires, earthquakes, and floods can suddenly send dangerous fibers airborne, putting first responders and residents at immediate risk.
As long as asbestos continues to be imported and used in the United States, we add to this unmanageable risk. Nearly 70 nations have recognized this fundamental truth and banned asbestos entirely. America must follow their lead by ending all asbestos imports and use because the only way to protect our communities from asbestos completely is to stop bringing this killer chemical into our country.
In March 2024, the EPA finalized a limited U.S. asbestos ban through its rule-making process. The regulation focused on one type of asbestos, chrysotile, and its use in just six specific instances, including chlor-alkali diaphragms, sheet gaskets, and automotive brake products.
The rule required major transitions in the chlor-alkali industry, which is responsible for most asbestos imports and use in the United States. Eight water treatment plants in the U.S. continue to use asbestos diaphragms. The rule required six facilities to convert to alternatives within five years, and two other plants were allowed up to 12 years for complex conversions.
However, the EPA’s rule faces critical limitations: it covers only chrysotile (one of six asbestos fibers) and addresses only specific uses rather than implementing a comprehensive ban. It’s also currently under challenge in the 5th Circuit Court of Appeals, and its future is uncertain.
Ban all asbestos fibers — covering all six regulated fibers plus winchite and richterite
Prohibit all uses — closing dangerous loopholes left by EPA’s limited approach
Provide permanent protection — legislation cannot be overturned by courts like agency rules
Early endorsers include the American Public Health Association, the International Association of Fire Fighters, and the Environmental Working Group.
Each ARBAN hearing, committee markup, and floor debate creates opportunities to raise public awareness about asbestos dangers and increase prevention efforts. Every step forward in the legislative process amplifies the voices of asbestos disease survivors and victims’ families. Congressional hearings provide platforms that allow families to share personal testimonies about how asbestos has impacted their lives, and create powerful moments that humanize the statistics and urgency behind the legislation.
Raising awareness is itself a form of prevention; the more Americans understand asbestos risks, the better they can protect themselves. Congressional testimony, media coverage, and the advocacy campaigns around ARBAN offer an opportunity to educate Americans about ongoing asbestos risks while building momentum for comprehensive protection. It is a chance to save lives through increased public knowledge and prevention efforts.
But to end the scourge of asbestos in the United States, we need Congress. By passing ARBAN, they can end decades of inadequate asbestos policy once and for all. The choice is clear: continue accepting preventable deaths from a known carcinogen, or take decisive action to protect current and future generations. America needs ARBAN, and the families affected by asbestos-related diseases cannot afford to wait any longer.
