EPA Prohibits White Asbestos in US Imports and Use—Timeline and Fallout

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The United States Environmental Protection Agency (EPA) announced on Monday a rule prohibiting the use, manufacture, and import of white asbestos. This mineral fiber, part of a toxic family linked to cancers such as lung, ovarian, and laryngeal cancer, and to mesothelioma, disproportionately affecting firefighters, has a history of use in automotive parts, chlorine production for water purification, pesticides, cement, and textiles. It is estimated to cause about 40,000 deaths annually in the United States and had already been banned in more than 50 countries, including Spain.

The EPA moves forward after years of pressure from various sectors, extending the implementation timelines. Michael Regan, the EPA administrator, commented on a press call that the prohibition marks the culmination of a long journey. The measure was first considered in 1989 but was blocked by a federal court two years later. When the Toxic Substances Control Act was amended in 2016 to strengthen the EPA’s authority, the Trump administration halted the effort. Current actions align with renewed momentum under the Biden administration.

Some parts of the ban will take effect immediately once the rule is in force, which occurs 60 days after its publication in the Federal Register. Other provisions will roll out gradually, with a six-month grace period for importing white asbestos-containing brake parts and two years for asbestos-containing gaskets. In certain cases, however, and in a component criticized by groups such as the Asbestos Disease Awareness Organization (ADAO), the transition period extends up to 12 years, well beyond the original proposal of a maximum two-year timeline.

Resistance

The move encountered notable resistance from chemical giants like the Olin Corporation and from business groups including the Chamber of Commerce and the American Chemistry Council. Their stance centers on concerns that a ban would threaten water safety in the United States, since the chlorine-caustic sector relies on asbestos diaphragms to produce chlorine and sodium hydroxide used to disinfect drinking water and treat wastewater.

The administration has listened to these concerns. In explaining the reasoning behind the extended timelines, Michal Freedhoff, assistant administrator for the EPA’s Office of Chemical Safety and Pollution Prevention, noted that the original two-year framework could have caused prolonged shutdowns of facilities manufacturing the chemicals needed to purify drinking water. The phase-in period is intended to give these facilities time to adapt. Eight facilities remain in the United States.

Other forms of asbestos remain legally importable to the United States, though companies must provide advance notice to the EPA, which retains the authority to deny operations. ADAO has urged extending the ban to the remaining five asbestos fiber types not covered by the current rule, and the EPA is expected to release risk assessments for those types by December 1 of this year.

That assessment will also consider talc minerals associated with asbestos and the so-called legacy asbestos used historically in construction, insulation, and the manufacture of a wide range of products. The agency’s broader review aims to address ongoing concerns about asbestos exposure and the long-term health risks linked to this mineral family.

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