WASHINGTON, DC – The U.S. Environmental Protection Agency (EPA) is re-evaluating a landmark rule finalized in March 2024 that banned the last remaining type of asbestos used in and imported to the United States. This move has ignited a sharp debate, pitting public health advocates against industry representatives and raising questions about the future of chemical regulation.

Key Facts

• Rule Under Review – The EPA is reconsidering its “Part 1” rule, which banned ongoing uses of chrysotile asbestos, the only form of the carcinogen currently utilized in the country.
• Affected Industries – The ban primarily impacts the chlor-alkali industry, which uses asbestos diaphragms to produce chlorine, and manufacturers of certain industrial gaskets.
• Public Health Concerns – Health organizations cite asbestos as a known carcinogen responsible for approximately 40,000 American deaths each year from diseases like mesothelioma and lung cancer.

The decision to revisit the ban, initiated under the Trump administration, puts a hold on a regulation that was years in the making. It focuses on specific uses that were to be phased out, prompting concerns that protections against a substance with well-documented health risks could be weakened.

The Science and The Standoff

The core of the issue lies in the established health risks associated with asbestos. Decades of scientific research have linked exposure to asbestos fibers to a range of severe and often fatal respiratory illnesses and cancers. The World Health Organization classifies all forms of asbestos, including chrysotile, as carcinogenic to humans.

The March 2024 rule under the Toxic Substances Control Act (TSCA) was hailed by public health groups as a critical step toward eliminating these risks. The rule targeted the importation and use of chrysotile asbestos in the chlor-alkali sector for chlorine production and in certain sheet gaskets used in chemical and power production facilities.

However, some industry groups, including the American Chemistry Council, have supported a re-evaluation of the rule. The argument from opponents of a complete ban is that the “controlled use” of chrysotile asbestos with modern workplace safety measures, such as personal protective equipment and engineering controls, can sufficiently mitigate risk to workers. They contend that the ban was overly broad and could lead to economic disruption, particularly in the production of chlorine, which is vital for water purification.

A Decades-Long Regulatory Battle

The path to regulating asbestos in the United States has been long and contentious. A previous attempt by the EPA to ban most uses of asbestos in 1989 was largely overturned by a federal court in 1991 following industry lawsuits. This left significant gaps in regulation for decades.

The 2024 rule was finalized after a 2016 amendment to the TSCA gave the EPA expanded authority to evaluate and regulate dangerous chemicals. The agency’s risk evaluation determined that chrysotile asbestos posed an “unreasonable risk” to the health of workers and consumers.

The EPA’s new plan, according to a Department of Justice filing, is to initiate a new rulemaking process that could take up to 30 months. During this period, it is uncertain how the existing 2024 rule will be enforced.

What’s Next for Asbestos Regulation?

The EPA’s reconsideration has been met with alarm from organizations like the Asbestos Disease Awareness Organization (ADAO). They argue that any delay or rollback of the ban is a “serious setback for public health” and that there is no safe level of exposure to asbestos.

The immediate future of the asbestos ban is pending in the Fifth Circuit Court of Appeals, where litigation challenging the 2024 rule has been temporarily paused to allow the EPA to conduct its review. The outcome of this process will determine whether the nation moves forward with a full ban on ongoing asbestos use or adopts a different approach, reigniting a debate about how to balance industrial use with public health protection.