On April 5, 2022, the U.S. Environmental Protection Agency proposed a rule to ban chrysotile asbestos, the only form of the carcinogen still imported into and used in the United States. The proposal marked a historic step toward eliminating ongoing asbestos use, more than 30 years after a previous EPA ban was overturned by the courts.
Background: A Long Road to Regulation
The Failed 1989 Ban
The EPA first attempted to ban asbestos in 1989, but the rule was largely overturned in 1991 by the Fifth Circuit Court of Appeals in Corrosion Proof Fittings v. EPA. The court ruled the EPA had not adequately demonstrated that a ban was the “least burdensome” alternative to address asbestos risks.
TSCA Reform Opens New Path
The 2016 Lautenberg Chemical Safety Act reformed the Toxic Substances Control Act (TSCA), replacing the “least burdensome” standard with a health-based standard. Asbestos was designated as one of the first 10 chemicals for EPA risk evaluation under the reformed law.
2020 Risk Evaluation
In December 2020, the EPA completed its risk evaluation for chrysotile asbestos, finding unreasonable risks to health for all current uses. This finding set the stage for the 2022 proposed ban.
What the Proposal Would Ban
The proposed rule would prohibit:
- Manufacturing of chrysotile asbestos products
- Processing of chrysotile asbestos
- Importing raw chrysotile fiber and products
- Distribution in commerce of chrysotile asbestos products
Affected Products
| Product | Current Use | Proposed Phase-Out |
|---|---|---|
| Chlor-alkali diaphragms | Chlorine/caustic soda production | 2 years after final rule |
| Sheet gaskets | Chemical manufacturing | 2 years after final rule |
| Aftermarket auto parts | Brake pads, clutches | Immediate upon final rule |
| Other gaskets | Various industrial | Immediate upon final rule |
The Chlor-Alkali Industry Challenge
Why Asbestos Is Still Used
The chlor-alkali industry uses asbestos diaphragms to produce chlorine and sodium hydroxide (caustic soda). Chlorine is essential for:
- Water treatment (drinking water and wastewater disinfection)
- Chemical manufacturing
- Pharmaceutical production
Eight U.S. facilities still use asbestos diaphragms, accounting for 100% of domestic asbestos fiber consumption since 2015.
Industry Concerns
The American Chemistry Council argued that facilities would need 15 years minimum to transition away from asbestos, citing:
- Capital costs of converting to membrane technology
- Potential supply disruptions during transition
- Engineering and permitting timelines
Olin Corporation’s Surprising Support
In April 2023, Olin Corporation, one of the largest remaining asbestos users, wrote to the EPA supporting the proposed ban, requesting:
- 2 years to replace asbestos with alternatives
- 5 additional years to phase out already-installed asbestos products
Olin’s support was significant, as the company operates multiple chlor-alkali facilities that still use asbestos diaphragms.
Import Data
According to the U.S. Geological Survey:
| Year | Asbestos Imports (metric tons) | Primary Source |
|---|---|---|
| 2020 | 300 | Brazil |
| 2021 | 100 | Brazil |
| 2022 | 152 | Brazil |
Following Brazil’s 2017 asbestos ban enforcement in 2022, U.S. imports effectively ceased, as Brazil was the primary supplier.
Public Health Justification
The EPA cited overwhelming evidence of asbestos health risks:
- Mesothelioma: Caused exclusively by asbestos exposure
- Lung cancer: Risk multiplied with asbestos exposure
- Asbestosis: Chronic scarring of lung tissue
- Other cancers: Laryngeal, ovarian cancer linked to exposure
The agency noted there is no safe level of asbestos exposure, and that risks extend to workers, their families (through take-home exposure), and communities near facilities.
The EPA’s risk evaluation confirmed there is no safe level of asbestos exposure. Risks extend beyond workers to their families through take-home exposure (fibers on clothing) and to communities near facilities handling asbestos.
Path to Final Rule
The proposed rule underwent:
- Public comment period (60 days)
- Public hearing (May 2022)
- Additional data release (March 2023)
- Interagency review
Final Rule: March 2024
The EPA finalized the asbestos ban on March 18, 2024, making it the first rule completed under the reformed TSCA. The final rule:
- Banned imports immediately for chlor-alkali use
- Gave facilities 5 years (extended for 2 of 8 facilities) to convert to non-asbestos alternatives
- Prohibited most other uses immediately or within 180 days
Why This Matters
The 2022 proposal represented a turning point in U.S. asbestos policy after decades of inaction. Key implications:
For Current Workers
Workers at the remaining eight chlor-alkali facilities continue to face exposure risks during the transition period, though facilities must implement enhanced worker protections.
For Mesothelioma Prevention
Eliminating ongoing asbestos use will eventually reduce new mesothelioma cases, though the disease’s long latency (10-50 years) means cases from past exposures will continue for decades.
For International Policy
The U.S. joining the growing list of nations banning asbestos sends a global signal and may influence policy in countries that still mine and export the mineral.
Why did the 1989 EPA asbestos ban fail?▼
The Fifth Circuit Court of Appeals overturned most of the 1989 ban in Corrosion Proof Fittings v. EPA, ruling the EPA had not adequately demonstrated that a ban was the “least burdensome” alternative. The 2016 Lautenberg Act reformed TSCA, replacing that standard with a health-based standard that enabled the 2022 proposal.
Why is asbestos still used in the U.S.?▼
The chlor-alkali industry uses asbestos diaphragms to produce chlorine and sodium hydroxide (caustic soda) for water treatment, chemical manufacturing, and pharmaceuticals. Eight U.S. facilities still use this technology, accounting for 100% of domestic asbestos consumption since 2015.
Was this proposal finalized?▼
Yes. The EPA finalized the asbestos ban on March 18, 2024, making it the first rule completed under the reformed TSCA. The final rule banned imports immediately for chlor-alkali use and gave facilities 5 years to convert to non-asbestos alternatives.
Will this eliminate mesothelioma in the U.S.?▼
Not immediately. Eliminating ongoing asbestos use will eventually reduce new mesothelioma cases, but the disease’s long latency (10-50 years) means cases from past exposures will continue for decades. The ban primarily protects future generations from new exposures.