On March 18, 2024, the EPA announced a final rule prohibiting chrysotile asbestos, which is the only known remaining form of asbestos used within and/or imported into the United States, according to the Agency.

This ban is the first rule finalized under the 2016 Toxic Substances Control Act (TSCA) amendments and indicates a substantial expansion of this regulation.

“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,” EPA Administrator Michael Regan said in an Agency news release.

Chrysotile asbestos is found in products like asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets.

Asbestos diaphragms are used by the chlor-alkali sector to make sodium hydroxide and chlorine, which is used to disinfect wastewater and drinking water. 

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.

The EPA reports there are eight remaining chlor-alkali plants in the United States still using asbestos diaphragms.

“[The] 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 Agency press release adds. “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.”

The National Association of Clean Water Agencies (NACWA) supports the EPA in transitioning away from the use of products containing asbestos, and it will cooperate with the Agency to track implementation, notes AP News. The NACWA represents public wastewater and stormwater agencies of all sizes nationwide.

“The association warned before the final rule was announced that an immediate ban on asbestos would ‘almost certainly cause shortages and price increases for chlorine and other disinfection and treatment chemicals used by the water sector,’” the AP News article adds.

“The American Chemistry Council, the chemical industry’s largest lobbying group, said a 15-year transition period is needed to avoid a significant disruption of chlorine and sodium hydroxide supplies.”

Final rule bans

The final rule includes the following:

• A ban on most sheet gaskets that contain asbestos 2 years after the effective date of the final rule, with 5-year phaseouts for sheet gaskets to be used to produce titanium dioxide and for the processing of nuclear material;
• An allowance for asbestos-containing sheet gaskets to continue to be used through fiscal year 2037 at the Department of Energy’s Savannah River Site to ensure the safe disposal of nuclear materials can continue on schedule while continuing to protect workers from exposure to radioactive materials;
• A ban on the use of asbestos in oilfield brake blocks, aftermarket automotive brakes and linings, other vehicle friction products, and other gaskets 6 months after the effective date of the final rule;
• Strict workplace safety measures to protect workers from asbestos exposure during any phaseout periods longer than 2 years;
• A requirement for the safe disposal of asbestos—in line with industry standards, Occupational Safety and Health Administration (OSHA) requirements, and the Asbestos National Emission Standards for Hazardous Air Pollutants; and
• Recordkeeping requirements.

Impacted industries

The following industries will potentially be impacted by this final rule:

• Oil and gas extraction
• Nuclear electric power generation
• Chemical manufacturing
• Fabricated metal product manufacturing
• Transportation equipment manufacturing
• Gasket, packing, and sealing device manufacturing
• Motor vehicle and motor vehicle parts and supplies merchant wholesalers
• Motor vehicle and parts dealers
• Automotive repair and maintenance

“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,” according to the Agency news release. “EPA will release part 2 of the draft risk evaluation soon and will publish the final risk evaluation by Dec. 1, 2024.”

For more detailed information on the final rule, see the “EPA Asbestos Part 1; Chrysotile Asbestos; Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA)” pre-publication version of the final rule.

The final rule (Docket ID: EPA-HQ-OPPT-2021-0057) becomes effective 60 days after the date it’s published in the Federal Register.