Cue pool owners across America- the price of chlorine bleach is likely to increase as the new EPA ban on the last vestige of asbestos use in the United States is phased out. In a landmark decision, the Environmental Protection Agency (EPA) has declared a total ban on asbestos, a recognized carcinogen responsible for thousands of deaths in the United States each year. Despite its known dangers, asbestos has continued to be used in certain products, including specific types of chlorine bleach and brake pads.
A Broad Regulatory Overhaul
The ban represents a significant extension of the EPA’s regulatory capabilities, a direct result of a 2016 law that revamped the regulation of numerous toxic chemicals present in everyday products. This law aimed to address the health risks posed by various substances, including asbestos, in products ranging from household cleaners to clothing and furniture.
Targeting Chrysotile Asbestos
The ban specifically targets chrysotile asbestos, the last form of asbestos still in active use within the United States. This form of asbestos is utilized in the manufacture of products such as brake linings, gaskets, chlorine bleach, and sodium hydroxide (caustic soda), including some types intended for water treatment processes.
Leadership in Public Health
EPA Administrator Michael Regan touts the Biden Administration’s belief in the importance of this ban as a pivotal public health protection measure. He highlighted the ban as a response to the global consensus on the hazards posed by asbestos, noting that over 50 countries have already banned the substance. The regulation is a culmination of efforts spanning over three decades, enabled by the 2016 amendments to the Toxic Substances Control Act (TSCA).
The Health Impact of Asbestos
The regulation addresses the ongoing use of asbestos, which is linked to several types of cancer, including lung cancer and mesothelioma, leading to over 40,000 deaths annually in the U.S. This initiative is part of President Joe Biden’s Cancer Moonshot, aiming to significantly reduce cancer rates across the nation.
Historical Use and Decline
Historically, asbestos was widely used in a variety of products, such as home insulation, but its usage has significantly declined due to its associated health risks and previous regulatory efforts. The ban focuses on chrysotile asbestos, the only form currently imported and used, primarily by the chlor-alkali industry for producing chlorine, caustic soda, and other products.
Industry Transition
The chlor-alkali industry, which employs asbestos in fewer than ten facilities, will see a phased transition away from asbestos use. This approach aims to minimize disruptions to the availability of chlorine and sodium hydroxide. The immediate prohibition on asbestos imports for chlor-alkali use signals the start of this transition, with a broader ban on other applications to follow.
Stakeholder Responses
Reactions from industry stakeholders have been mixed. While some, such as the National Association of Clean Water Agencies, have expressed support for the EPA’s direction, others like the American Chemistry Council have called for a longer transition period to avoid significant supply chain disruptions.
Provisions and Exemptions
The rule includes specific exemptions to ensure safety and continuity in critical operations, such as the allowance for asbestos-containing gaskets to be used in nuclear material disposal until 2037.
Ongoing Assessments
The EPA is also evaluating the risks associated with “legacy” asbestos in older buildings, including schools and industrial sites. This assessment aims to identify and mitigate potential public health risks, with a final evaluation expected by the end of the year.
Global Context
The United States’ position is coming into alignment with the global stance on asbestos, joining over 50 other nations that have already banned the substance. This regulation is the next step in the EPA’s trend to phase out all dangerous forms of asbestos and ensure broader protections for health.
Regulatory Context
Beginning in the 1930s, health problems among asbestos workers were documented in medical literature, leading to early awareness of the dangers associated with asbestos exposure. In the 1960s, scientific studies were beginning to establish the causal link between asbestos exposure and mesothelioma, drawing public attention to the risks of asbestos.
Asbestos Formally Designated as a Pollutant Under Clean Air Act
The federal government established the EPA in the 1970s and asbestos was soon recognized as a significant public health hazard and subsequently designated a pollutant under the Clean Air Act, leading to the first federal restrictions on asbestos air emissions. In 1972, the Occupational Safety and Health Administration (OSHA) set the first federal workplace standards for asbestos exposure, limiting the amount of asbestos fibers in the air. Regulations and awareness continued to increase regarding the hazards of asbestos through the 1980s, culminating in the EPA’s first Asbestos Ban and Phase-Out Rule in 1989, which sought to eliminate the manufacture, importation, processing, and distribution of most asbestos-containing products.
Legal Restrictions on EPA’s Ability To Enforce Total Ban on Asbestos
In the 1990s, legal challenges saw a restriction on EPA’s ability to enforce the total ban on asbestos. Certain products and applications of Asbestos were permitted. Under the Obama Presidential Administration, in 2016 the EPA was granted enhanced authority to evaluate and regulate chemicals, including asbestos. The EPA evaluated the risk of asbestos under the new TSCA framework, proposing and finalizing rules to address ongoing uses of asbestos and prevent new uses of asbestos from entering the market without EPA review.
Regulation of Asbestos Evolved To Current Total Ban Status
Throughout its history, government regulation of asbestos in the U.S. has been characterized by a gradual increase in restrictions and oversight, influenced by scientific research, public health advocacy, and the complexities of legal and regulatory frameworks. Despite significant progress in reducing asbestos exposure, challenges remain, including managing legacy asbestos in buildings and infrastructure, and addressing imports of asbestos-containing products. The regulatory journey reflects the tension between economic interests, environmental health, and public safety, underscoring the need for vigilant oversight and continuing efforts to protect public health from asbestos-related diseases.
