Posted on June 13, 2023
In an effort to educate our community and the general public on EPA’s upcoming rule, here’s what you need to know about EPA’s Part 1 Chrysotile Asbestos Proposed Rule and its limitations. The proposed rule is based on the EPA’s completion of the TSCA Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos.
Currently, there is no commercial ban on the importation, processing, or use of asbestos — a toxic fiber that causes many harmful diseases and even death. 
Although the Environmental Protection Agency (EPA) attempted to ban asbestos in 1989, the asbestos industry challenged the ban in court, leading to a subsequent legal decision in 1991 that overturned the ruling. In the three decades since the overturned ban, 40,000 Americans have died annually from asbestos-caused diseases, and recent mortality reports indicate that asbestos-related deaths are on the rise. Shockingly, hundreds of metric tons of raw asbestos are still imported and used each year.
The EPA has only reviewed chrysotile asbestos in this rule, one of six asbestos fiber types.
It has been scientifically proven that all six fibers are carcinogenic and that there is no safe level of exposure to any of them; however, EPA’s proposed rule would be limited to just chrysotile asbestos. While a rule eliminating some primary uses of chrysotile asbestos will curb many pathways to asbestos exposure, five other deadly asbestos fiber types in various uses will remain legal and lethal in the United States leaving many Americans still at risk.
Only six conditions of use for chrysotile asbestos are set to be banned under the proposed rule.
The proposed rule seeks to prohibit the manufacture, processing, distribution, and commercial use of chrysotile asbestos, but is only being addressed for a few specific categories of use in a few industries as identified in the risk evaluation for chrysotile asbestos. These categories include chrysotile asbestos diaphragms for use in the chlor-alkali industry, sheet gaskets for chemical production, brakes and brake linings, and a few other asbestos-containing products. With only a few conditions of use being regulated by the EPA, several other pathways of exposure are likely to remain permissible and will continue to threaten the health of Americans.
Thanks to ADAO’s legal wins, the EPA was required to conduct a risk evaluation, which determined that asbestos poses unreasonable health risks to workers, occupational non-users, consumers, and bystanders for all ongoing uses of this substance.
EPA’s Proposed Rule will have compliance deadlines as well as disposal and recordkeeping requirements.
The proposed rule establishes compliance deadlines for the prohibited uses of chrysotile asbestos. The specific timelines vary depending on the category of use ranging from 180 days to two years after the effective date of the final rule. Thankfully, the proposed rule does include provisions related to the disposal of chrysotile asbestos-containing materials and recordkeeping obligations to ensure proper management of these materials. The EPA also discussed alternative options in the preamble to the proposed rule, which includes an extended five-year compliance deadline for certain industries, as well as varied implementation strategies and monitoring requirements.
The Part 1 Final Rule is expected to be finalized in November 2023.
Until the final rule is in place, the current regulatory framework for chrysotile asbestos remains in effect. While the upcoming Part 1 Final Rule is a significant step forward, ADAO continues to emphasize that it is not a comprehensive asbestos ban and is certain to face legal challenges from industry in the future. Which will leave dangerous, if not fatal, pathways open to asbestos exposure for workers and communities. ADAO continues to employ a dual-track strategy, working alongside the EPA, FDA, and other agencies to enhance regulations against asbestos while also working with Congress and the White House to move ban-asbestos legislation forward.
For detailed information on the EPA Part 1 Chrysotile Asbestos Proposed Rule, including the rule-making docket, key dates, and opportunities for public engagement, please visit the EPA’s official website