Federal Agency Announces Asbestos Ban
The Environmental Protection Agency (EPA), through a regulation, seeks to ban asbestos in the US, except for minimal uses. This is based on a federal law passed in 2016. A prior ban was overturned by a legal challenge in 1991. The final regulation was announced on March 18.
Asbestos fibers cause cancers and kill more than 40,000 people in the US annually, according to the Associated Press. When the rule is published, the new EPA rule bans asbestos imports for chlor-alkali (used to purify water).
Prohibiting chlor-alkali use will take five or more years because the agency seeks “a reasonable transition period’’ to a different manufacturing process that doesn’t use asbestos. The chemical industry sought a 15-year grace period.
The US is far behind other nations when it comes to asbestos, which is banned in more than 50 countries. By the 1980s, most products containing asbestos left the US market.
Not an Immediate or Total Ban
A ban on most other asbestos uses will go into effect in two years. Some companies in the US still use asbestos to make chlorine bleach and sodium hydroxide (or caustic soda), which is used for water treatment.
A ban on asbestos-containing oilfield brake blocks, aftermarket vehicle brakes, and linings will go into effect in six months. The EPA rule allows asbestos-containing sheet gaskets to be used until 2037 by the U.S. Department of Energy at their Savannah River Site in South Carolina. It’s meant to ensure the safe disposal of nuclear materials continues on schedule.
EPA Regulation Based on 2016 Federal Law
The final rule is based on a 2016 law overhauling the regulation of thousands of toxic chemicals. It bans chrysotile asbestos, the only type currently used in the US.
The 2016 law updated one passed in 1976, the Toxic Substances Control Act (TSCA). It allows for new EPA rules for thousands of toxic chemicals in everyday products. Known as the Frank Lautenberg Chemical Safety Act, the newer law is intended to clear conflicting state rules covering chemicals.
This would be EPA’s second asbestos ban. In 1989, their efforts were overturned by a 1991 appellate decision weakening the EPA’s ability under TSCA to protect public and worker health.