FAQs and Quotes on EPA Part 1 Chrysotile Asbestos Rule
If your question is not answered below, or you’d like to take a deeper dive into asbestos and why we need a ban, you can read our comprehensive asbestos report 2023 Comprehensive Asbestos Report: The Analysis of Imports, Use, Impact on Human Health, and Current Regulations and Policy, which is built from historical congressional testimonies, presentations, and intensive research to offer the most recent data and statistics for congressional members, the media, and the public.
Q: Is this a ban on asbestos?
No, this is a rule that regulates one single type of asbestos – chrysotile – in six conditions of use.
Q: Is this a ban on the use of asbestos?
The rule bans the use of chrysotile asbestos and has different transition periods for different industries and conditions of use.
Q: What are the conditions of use this rule applies to?
EPA found an unreasonable risk from chrysotile asbestos to workers who work with chlor-alkali diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets. There are other conditions of use, as well as five other types of asbestos fibers (Amosite, Crocidolite, Anthophyllite, Actinolite, and Tremolite) that are not covered by this rule.
Q: Why aren’t all types of asbestos banned?
The EPA’s rule was limited in its scope to a single type of asbestos fiber, chrysotile. ADAO protested this when the rule was initially introduced and has repeatedly urged the agency to consider all asbestos fibers and all conditions of use for regulation. However, that has not happened.
Q: What is ADAO doing to ban all asbestos fibers?
ADAO continues to urge Congress to move forward and pass the Alan Reinstein Ban Asbestos Now Act (S.1069 and H.R.2402) which would ban all asbestos fibers and all conditions of use.
Q: Does ADAO support this rule?
Our goal is to end the imports and use of asbestos in the United States to protect people from the pain and suffering of asbestos-caused diseases. While the rule moves us closer to that goal, it is limited in its scope. It only addresses one of six asbestos fibers, and only applies to six cases of use, leaving the door open to other types of asbestos and other applications of this toxic chemical to remain legal in the future. We are also alarmed at the inconsistency of the transition periods between industries and corporations.
While the EPA’s action is a pivotal step forward — we need legislation to fully enact an asbestos ban. We need Congress to pass the Alan Reinstein Ban Asbestos Now Act (S.1069 and H.R.2402) and end the imports and use of all asbestos in this country once and for all.
Q: What companies are primarily impacted by this rule?
- OxyChem Corp: Chlor-Alkali, Imports and uses asbestos (5 plants)
- Olin Corp: Chlor-Alkali, Ceased asbestos imports, Transitioning to non-asbestos technology (2 plants)
- Westlake Corp: Chlor-Alkali, Ceased asbestos imports, Transitioning to non-asbestos technology (1 plant)
- Chemours: Gaskets, Imports and uses asbestos
Q: Does this affect asbestos found in cosmetics?
No, it does not. The Food and Drug Administration (FDA) has jurisdiction over personal care products and cosmetics, while the Environmental Protection Agency (EPA) has jurisdiction over chemicals.
Q: How many companies still import asbestos?
Just one company, OxyChem Corp, still imports asbestos. It has three remaining plants that use asbestos, which are found in Louisiana, Texas, and Kansas.
ADAO Quote: “Asbestos, a known carcinogen, claims the lives of 40,000 Americans each year. The Asbestos Disease Awareness Organization (ADAO) commends the EPA’s historic action to ban the importation and use of chrysotile asbestos. This is a landmark step forward in protecting workers and the public from the devastating health effects of asbestos exposure. ADAO encourages swift action to eliminate all remaining uses of this deadly substance, paving the way for a future free from the tragedy of asbestos-related diseases.” Linda Reinstein, Co-Founder, Asbestos Disease Awareness Organization (ADAO)
In March 2024, EPA announced a ban of ongoing uses of chrysotile asbestos to protect people from lung cancer, mesothelioma, ovarian cancer, laryngeal cancer and other health problems caused by asbestos exposure.
Quotes from the March 18th Part 1 Press Event:
- EPA Administrator Michael S. Regan: “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”
- White House Council on Environmental Quality Chair Brenda Mallory: “Asbestos has harmed people across the country for decades, and under President Biden’s leadership, we are taking decisive action to ban its use and advance this administration’s historic environmental justice agenda”
- Senator Jeff Merkley: “Today’s rule is a positive first step to give all Americans a future free of exposure to asbestos – a carcinogen that has killed far too many. This dangerous substance has been banned in more than 50 countries around the world, and the United States is finally starting to catch up”
- Congresswoman Suzanne Bonamici: “It is long past time for the U.S. to ban asbestos, and unacceptable this known carcinogen continues to threaten Americans and devastate families”
- Deputy Assistant to the President for the Cancer Moonshot Dr. Danielle Carnival: “The Biden Cancer Moonshot is a key pillar of the President’s Unity Agenda… Banning the use of asbestos will help prevent cancer before it begins—saving and improving American lives across the country.”
- Environmental Working Group senior vice president Scott Faber: “It’s been more than 50 years since EPA first sought to ban some uses of asbestos and we’re closer than ever to finishing the job… Thanks to the leadership of the Biden EPA, those days are finally over.”
Managing Risks Found in the 2020 Final Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos
EPA has set different compliance deadlines to transition away from each use of chrysotile asbestos, which are as soon as is practicable for each use while also providing a reasonable transition period, which the law requires.
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, as long as they certify their continued progress with EPA.
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 without unnecessarily exposing workers 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.
EPA completed the final TSCA risk evaluation for asbestos, part 1: chrysotile asbestos in December 2020. Part 1 of the final risk evaluation for asbestos determined that there are unreasonable risks to workers, occupational non-users, consumers, and bystanders for all ongoing uses of chrysotile asbestos. EPA proposed a risk management rule in April 2022.
In March 2023, EPA released additional data related to the proposed risk management rule for public comment. These additional data concerned chrysotile asbestos diaphragms used in the chlor-alkali industry and chrysotile asbestos-containing sheet gaskets used in chemical production.