EPA Releases Proposed Rule Banning Ongoing Use of Asbestos

On 5 April 2022 the U.S. Environmental Protection Agency (EPA) released a proposed rule prohibiting the ongoing use of the only known form of asbestos currently imported into the U.S. The proposed rule would ban chrysotile asbestos, which is found in products like asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets imported into the U.S.

3E Review

Background

Use of asbestos in the U.S. has been declining for decades, and the only form of asbestos known to be currently imported, processed, or distributed for use in the U.S. is chrysotile. Raw chrysotile asbestos currently imported into the U.S. is used exclusively by the chlor-alkali industry. Most consumer products that historically contained chrysotile asbestos have been discontinued. In December 2020, the EPA issued a final risk evaluation that found unreasonable risks to human health from conditions of use associated with six categories of chrysotile asbestos-containing products. 

Proposed Rule

The proposed rule would prohibit the manufacture (including import), processing, distribution in commerce, and commercial use of chrysotile asbestos for six categories of chrysotile asbestos-containing products:

• Asbestos diaphragms
• Sheet gaskets
• Oilfield brake blocks
• Aftermarket automotive brakes and linings
• Other vehicle friction products
• Other gaskets

The proposed prohibition on the manufacture, processing, and distribution in commerce of chrysotile asbestos also will address consumer exposure to the product. The EPA also proposes targeted disposal and record-keeping requirements in line with industry standards, Occupational Safety and Health Administration requirements, and the Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP).

This rule is the first-ever risk management rule issued under the new process for evaluating and addressing the safety of existing chemicals under the Toxic Substances Control Act (TSCA) that was enacted in 2016.

3E Analysis

The prohibitions relating to asbestos diaphragms and sheet gaskets for commercial use are proposed to take effect two years after the effective date of the final rule; the proposed prohibitions relating to oilfield brake blocks, aftermarket automotive brakes and linings, other vehicle friction products, and other gaskets for commercial use are proposed to take effect 180 days after the effective date of the final rule. The proposed disposal and record-keeping requirements would take effect 180 days after the effective date of the final rule.

The EPA will accept public comments on the proposed rule for chrysotile asbestos for 60 days following publication in the Federal Register.