Asbestos Regulation Takes a Historic Turn: EPA Moves to Ban Ongoing Uses

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News Summary

The EPA announces a phased ban on asbestos use, effective March 2024, marking a significant shift in public health protection.

Asbestos Regulation Takes a Historic Turn: EPA Moves to Ban Ongoing Uses

In a major shift towards public health protection, the Environmental Protection Agency (EPA) has unveiled plans for a phased ban on the ongoing use of asbestos, set to take full effect in March 2024. This decisive action marks a significant chapter in the long and tumultuous history of this toxic and carcinogenic mineral, which has plagued the U.S. for over a century.

A Long History with a Toxic Substance

Asbestos, a naturally occurring fiber, was once lauded for its heat-resistant properties and became a staple in a variety of products, from roofing materials to automotive parts. However, research beginning in the 1960s revealed its dark side—serious health complications, including multiple types of cancers, were undeniably linked to asbestos exposure. The link to mesothelioma, a deadly cancer primarily affecting the lining of the lungs, was established by studies conducted in 1964, serving as a wake-up call to the dangers of this now-infamous material.

The EPA’s Journey to Regulation

Despite clear evidence regarding its health risks, asbestos continued to be imported and used in the U.S. with minimal restrictions. An ambitious attempt by the EPA in 1989 to ban most asbestos products was thwarted by a federal court ruling, which argued that the agency had not sufficiently considered less burdensome alternatives for those industries dependent on asbestos.

With the amendments to the Toxic Substances Control Act (TSCA) in 2016, the EPA regained some regulatory authority to address the persistent threat posed by asbestos. As a result, the new regulation focuses specifically on chrysotile asbestos, the only type currently being imported into the U.S. Although chrysotile, or white asbestos, is often deemed less hazardous, it is still a significant health risk, especially considering that approximately 40,000 Americans die each year from asbestos-related diseases.

Transition Period for Industries

Under the new mandate, industries that have relied on chrysotile asbestos will have a 12-year transition period to phase out its use. This includes those in the automotive industry, where chrysotile is commonly incorporated into manufacturing processes. However, some chemical companies may continue to use chrysotile for chlorine production, which is critical for drinking water purification. This raises concerns that, while transitioning, these companies might turn to other non-regulated forms of asbestos.

A Global Perspective

The U.S. has often lagged behind other countries in regulating asbestos and protecting public health. Many nations, including the U.K., have effectively banned the substance for over 25 years. In contrast, the recent actions by the EPA are seen as a long-overdue step towards closing the regulatory gap, especially amidst a backdrop of ongoing advocacy for stricter measures against asbestos.

The Road Ahead: Legacy Concerns

Although this ban is celebrated as a landmark achievement, it does not completely eliminate asbestos from American life. There remain identified legacy concerns, particularly in older buildings where asbestos materials may still pose risks to unsuspecting occupants. The EPA has committed to further evaluating legacy uses of asbestos, including in asbestos-containing talc, which can have health implications for consumers.

Final Thoughts: A Victorious Yet Cautious Step

While the recent ban represents a considerable step forward for public health, critics continue to voice concerns that it does not go far enough in resolving the challenges associated with legacy asbestos. Senator Jeff Merkley has acknowledged this new regulation as an essential advancement while emphasizing that stronger protections and comprehensive strategies are still necessary to address the long-standing asbestos issue in the U.S.

In summary, as the U.S. works to navigate through the extensive history of asbestos regulation and its impact on public health, one thing is clear: the fight against this dangerous mineral is far from over.