In March 2024, the federal government finalized a rule that effectively banned asbestos use in the U.S., although there are phase-out periods. Advocates had been calling for years to ban asbestos in the United States after deaths from workplace exposure resulting in mesothelioma and other illnesses.
Is Asbestos Banned in the U.S.
The Biden Administration finalized a rule in 2024 to ban the few ongoing legal uses of chrysotile asbestos in U.S. industries. At the time of the final ban, chrysotile was the only type of asbestos still imported, processed, and used in the U.S.
This is the first rule finalized under the 2016 changes to the Toxic Substances Control Act (TSCA). Most members of Congress supported the changes, but it took this long to get just one of the rules finalized. These are some notable components of the rule:[]
- The primary ongoing use of imported chrysotile asbestos is in the chlor-alkali industry. Chemical plants that make chlorine use chrysotile asbestos in diaphragms, but there are other ways to manufacture chlorine.
- The rule allows these plants five years to update their first facilities, eight years for the second, and up to 12 years to update a third facility to operate without asbestos diaphragms.
- Chrysotile asbestos in sheet gaskets is another ongoing use that will now be phased out. Phase-out times for this use are between two and five years.
- The rule allows six months to phase out chrysotile asbestos in aftermarket automotive parts, oilfield brake blocks, and non-sheet gaskets.
Historic Attempts to Ban Asbestos in the U.S.
Asbestos exposure is linked to several serious illnesses, including mesothelioma, a type of cancer that is aggressive and spreads rapidly. Asbestos can also cause lung cancer, asbestosis, other respiratory illnesses, and some abdominal illnesses and cancers.[2]
Previous efforts to fully ban asbestos in the U.S. included:
- In 1989, the Environmental Protection Agency issued the Asbestos Ban and Phase-Out Rule (ABPR). In 1991, The U.S. Court of Appeals for the Fifth Circuit Court threw out much of the order. This followed a lawsuit against the EPA by Corrosion Proof Fittings and other asbestos manufacturers.[3]
- Introduced in 2002, the Ban Asbestos in America Act was passed in the U.S. Senate in 2007, with a unanimous vote. In committees, however, legislators gutted the bill. They changed the ban from asbestos products to materials, leaving the door open for the continued legal use of products containing asbestos.[4]
- The Bruce Vento Ban Asbestos and Prevent Mesothelioma Act was introduced in 2007 to add more products to the banned list. It would also increase public education and awareness of asbestos and mesothelioma. The bill never passed. It was named for a former U.S. Representative who worked as a laborer and died from mesothelioma.[5]
- Another bill that stalled in Congress was the Alan Reinstein Ban Asbestos Now Act of 2022. The bill would have amended the Toxic Substances Control Act to bring about a full ban. Alan Reinsten was the president of the Asbestos Diseases and Awareness Organization and died from mesothelioma in 2006.[6]
What Products Did the EPA Ban Before the 2024 Rule?
When the courts ruled against the EPA’s ABPR, it left room for exceptions. It said the ban could apply to any asbestos products not imported, manufactured, or processed on the day the ABPR was announced in 1989. This included six types of products:
- Commercial paper
- Corrugated paper
- Flooring felt
- Specialty paper
- Rollboard
- Any new asbestos uses
How Is Asbestos Still Used in the U.S.?
Other uses for asbestos were only recently banned and are now being phased out. It was largely phased out of most industries years ago, including construction, where it was once common. Asbestos is no longer mined in the U.S., and Asbestos products are not manufactured in the U.S.
Some asbestos products are still imported into the U.S. One major area of concern continues to be after-market auto parts. Imported brakes and clutches often contain asbestos. These are now being phased out.
The chlor-alkali industry is now the only one that continues to import and use raw asbestos fibers. Although it is now being phased out, several chemical companies still use asbestos to make chlorine. In 2021, eleven American companies imported over 100 tons of asbestos from Brazil for the chlorine industry.[7]
In 2021, the chlor-alkali industry imported 100 tons of asbestos.[7] Asbestos is inexpensive, and importing asbestos-containing products can be more cost-effective than importing those same alternatives or producing asbestos alternatives.
Are There Any Asbestos Alternatives?
Alternatives to asbestos exist and have fewer risks associated with them. Most industries have been able to replace asbestos with other materials. For example, for large-diameter pipes formerly reinforced with asbestos, steel reinforcement may be used to reduce the dangers to the public should the pipe begin to decay over time.
Other, less-harmful minerals are used to reinforce flooring and ceiling tiles rather than asbestos, such as fiberglass and silicates.
Although asbestos-free home insulation materials may cost more due to requiring an extra step in being treated with a flame retardant, they are more environmentally friendly and far less of a health hazard than their asbestos-containing counterparts. This makes the financial cost worth it compared to the risk to human life.
Is Asbestos Banned in Other Countries?
Dozens of countries all over the globe have already put complete bans on asbestos usage, manufacturing, importing, and exporting in place. Iceland set the bar as the first nation to fully ban asbestos in 1983, and in the decades since then, many other nations have followed suit:[8]
- The European Union
- United Kingdom
- Canada
- Australia
- The Scandinavian countries
- The Baltic nations
- Japan
- Bahrain
- Jordan
- Algeria
- South Africa
- And more
In addition to individual bans by nations, there have been many international calls to ban asbestos. The International Ban Asbestos Secretariat called for a true international ban in 1999 and 2010.
The World Health Organization has been advocating for a total worldwide ban on asbestos since 2005. It introduced a plan in 2013 to help nations work together to achieve this by 2020. The plan was never fully adopted.
Efforts to Ban Asbestos in the U.S. Leading up to the Final Rule
These are some of the vital recent efforts that led to the finalized rule in the TSCA:
Changes to the Toxic Substances Control Act
In 2016, Congress updated the TSCA with the Frank R. Lautenburg Chemical Safety for the 21st Century Act, which updated many aspects of the TSCA.
Previously, the EPA was required to select regulations that would have the least burden on industry. This was ultimately why the 1989 ban failed. The court said the EPA did not show a total ban was the least burdensome option. The 2016 changes removed this requirement, paving the way for a total ban.
The 2019 EPA Final Rule
In 2019, the EPA issued a final rule on asbestos. This would allow the agency to review any asbestos products not currently sold before any company could sell them again. Asbestos products that would have to be reviewed by the EPA before they could enter the market include:[9]
- Adhesives
- Sealants
- Roof coatings
- Arc chutes
- Beater-add gaskets
- Extruded sealant tape
- Acetylene cylinder filler
- Electrical paper
- Millboard
- Missile liner
- Pipeline wrap
- Reinforced plastic
- Fuel cell and battery separators
- Vinyl floor tile
- Building materials other than cement
The Alan Reinstein Ban Asbestos Now Act of 2023
U.S. Representative Suzanne Bonamici and Senator Jeff Merkley, both democrats from Oregon, reintroduced the Alan Reinstein bill in 2023, calling for a complete asbestos ban.
This followed extensive reporting by ProPublica, which investigated working conditions in chlor-alkali plants that still use asbestos. The reporters found that workers today are still being put at risk of exposure to asbestos.[10]
The finalized TSCA rule is essentially a complete ban on asbestos use in the U.S. There are some lengthy phase-out periods, but asbestos will no longer be imported, processed, or distributed in the U.S.
