By MATTHEW DALY (Associated Press)
WASHINGTON (AP) — The Environmental Protection Agency declared on Monday a complete ban on asbestos, a cancer-causing substance that kills tens of thousands of Americans annually but is still utilized in some chlorine bleach, brake pads and other products.
The final regulation represents a significant expansion of EPA oversight under a landmark 2016 law that revamped regulations for tens of thousands of toxic chemicals in common products, from household cleaners to clothing and furniture.
The new rule would forbid chrysotile asbestos, the sole remaining use of asbestos in the United States. The substance is present in items such as brake linings and gaskets and is used to produce chlorine bleach and sodium hydroxide, also known as caustic soda, including some used for water purification.
EPA Administrator Michael Regan referred to the final regulation as a major move to safeguard public health.
“With today’s ban, EPA is finally closing the door on a chemical so dangerous that it has been prohibited in over 50 countries,” Regan said. ”This historic ban has been over 30 years in the making, and it’s thanks to amendments that Congress made in 2016 to fix the Toxic Substances Control Act,” the main U.S. law governing use of chemicals.
Exposure to asbestos is known to cause lung cancer, mesothelioma and other cancers, and it is linked to more than 40,000 deaths in the U.S. each year. Ending the continued uses of asbestos supports the objectives of President Joe Biden’s Cancer Moonshot, a whole-of-government initiative to end cancer in the U.S., Regan said.
“The science is clear: Asbestos is a known cancer-causing agent that has severe impacts on public health. This action is just the beginning as we work to protect all American families, workers and communities from toxic chemicals,” Regan said.
The 2016 law authorized new rules for tens of thousands of toxic chemicals found in everyday products, including substances such as asbestos and trichloroethylene that for decades have been known to cause cancer yet were largely unregulated under federal law. Known as the Frank Lautenberg Chemical Safety Act, the law was intended to clear up a hodgepodge of state rules governing chemicals and update the Toxic Substances Control Act, a 1976 law that had remained unchanged for 40 years.
The EPA prohibited asbestos in 1989, but the regulation was mostly overturned by a 1991 Court of Appeals decision that weakened the EPA’s authority under TSCA to address risks to human health from asbestos or other existing chemicals. The 2016 law required the EPA to assess chemicals and establish protections against unreasonable risks.
Asbestos, which was previously common in home insulation and other products, is banned in over 50 countries, and its use in the U.S. has been declining for decades. The only form of asbestos currently imported, processed or distributed for use in the U.S. is chrysotile asbestos, which is imported mainly from Brazil and Russia. It is used by the chlor-alkali industry, which produces bleach, caustic soda and other products.
Most items that previously contained chrysotile asbestos have been stopped.
Although chlorine is commonly used to clean water, only eight chlor-alkali plants in the U.S. still use asbestos diaphragms to make chlorine and sodium hydroxide. These plants are mainly in Louisiana and Texas.
The use of asbestos diaphragms has been decreasing and now makes up less than one-third of the chlor-alkali production in the U.S., according to the EPA.
The EPA regulation will stop the import of asbestos for chlor-alkali once the rule is published, but will gradually prohibit the use of chlor-alkali over five or more years to allow for a smooth transition, as stated by the agency.
A ban on most other uses of asbestos will take effect in two years.
The National Association of Clean Water Agencies, which represents 350 publicly owned wastewater treatment agencies, warned before the final rule was announced that an immediate ban on asbestos would likely lead to shortages and price increases for chlorine and other water treatment chemicals.
The American Chemistry Council, the largest lobbying group for the chemical industry, stated that a 15-year transition period is necessary to prevent a major disruption in the supply of chlorine and sodium hydroxide.
A ban on asbestos in oilfield brake blocks, aftermarket automotive brakes and linings and other gaskets will go into effect in six months.
The EPA rule permits the use of asbestos-containing sheet gaskets until 2037 at the U.S. Department of Energy’s Savannah River Site in South Carolina to ensure that safe disposal of nuclear materials can continue on schedule.
Scott Faber, senior vice president of the Environmental Working Group, an advocacy group that pushed to ban asbestos, praised the EPA action.
“For too long, polluters have been allowed to make, use and release toxics like asbestos and PFAS without regard for our health,” said Faber. “Thanks to the leadership of the Biden EPA, those days are finally over.”
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