The Environmental Protection Agency (EPA) has recently finalized a ban on chrysotile asbestos, a toxic mineral associated with lung cancer and other diseases, responsible for an estimated 40,000 deaths annually in the United States alone. This long-awaited decision comes following more than three decades of efforts by the EPA to rid the country of asbestos, which were previously hindered by legal obstacles.
While the use of asbestos in manufacturing and construction has decreased over the years, it remains a significant health hazard. The agency’s ban specifically targets chrysotile asbestos, also known as “white asbestos,” which is the only form of the mineral still being used in the United States. Resistant to heat and fire, chrysotile asbestos is utilized by companies that manufacture vehicle braking systems, sheet gaskets, chlorine, pharmaceuticals, and pesticides.
The EPA’s ban is historic as it marks the first time the nation’s updated chemical safety law, the Toxic Substances Control Act, has been used to outlaw a dangerous substance. This law had been weakened by a court decision in 1991 that allowed the continued import and use of asbestos, rendering it almost powerless. However, in 2016, concerns among members of Congress led to an overhaul of the law, granting the EPA enhanced authority to protect people from harmful toxins.
Implementing the ban on asbestos became a top priority for Michal Freedhoff, who assumed the role of the EPA’s top chemical regulator in 2021. Having contributed to the drafting of the 2016 legislation while working as a congressional staffer, Freedhoff considers the new ban as a symbol of how the updated law can be effectively employed to safeguard public health.
The ban, however, faced opposition from the American Chemistry Council, a trade group representing the chlorine industry. Their main concern lies in the impact the ban would have on U.S. chlor-alkali plants, which rely on chrysotile asbestos for chlorination processes. The industry group argued that prohibiting this form of asbestos would hinder water utilities’ ability to purchase chlorine, thereby posing a threat to the nation’s drinking water safety.
In response to these concerns, the EPA modified the enforcement timeline. Instead of the initially proposed two-year period for phasing out asbestos diaphragms in the eight remaining American chlorine plants utilizing them, these plants will now have five years, or even more in some cases, to transition to alternative materials. However, the import of new asbestos diaphragms will be immediately prohibited once the ban takes effect, which is 60 days following it is published in the Federal Register. Additionally, asbestos-containing brake locks and gaskets will be phased out over shorter time frames of six months and two years respectively.
The new rule has received widespread praise from environmental and public health advocates, who consider it a positive step. However, some argue that addressing only chrysotile asbestos falls short of adequately protecting public health. They urge the Biden administration to expand the ban to include all forms of asbestos.
Although the use of asbestos has declined, many individuals, such as construction workers, firefighters, and paramedics, are still at risk of exposure, particularly when working in old buildings. Demolishing or disturbing materials containing asbestos can release its fibers, which can adhere to the skin and clothing and, ultimately, be inhaled into the lungs. The long-term inhalation of asbestos fibers can lead to a chronic lung disease known as asbestosis.
The EPA’s ban on chrysotile asbestos signifies a significant step towards protecting public health and reducing the number of asbestos-related deaths in the United States. However, it is evident that further actions are necessary to comprehensively address the asbestos issue. Prohibiting all forms of asbestos and implementing stricter regulations can help ensure the safety and well-being of workers and the general population.
