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EPA Issues Final Rule Banning Chrysotile Asbestos under TSCA

The ban will affect eight facilities that import asbestos for chlor-alkali use. They must transition to either non-asbestos diaphragms or to non-asbestos membrane technology.

Drum brake and asbestos brake pads at car garage

April 4, 2024

By Chelsea Lane, Senior Regulatory Specialist, Supply Chain team, UL Solutions

On March 28, 2024, the U.S. Environmental Protection Agency (EPA) published a Final Rule in the Federal Register titled “Asbestos Part 1; Chrysotile Asbestos; Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA).” Pursuant to TSCA Section 6(b), the EPA has determined that chrysotile asbestos presents an unreasonable risk of injury to health. To address this unreasonable risk, EPA issued this final rule under TSCA Section 6(a) to:

  • Prohibit the manufacture (including import), processing, distribution in commerce and commercial use of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, in the chlor-alkali industry and require interim workplace controls;
  • Prohibit the manufacture (including import), processing, use, distribution in commerce and commercial use of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for sheet gaskets in chemical production and require interim workplace controls for certain commercial uses;
  • Prohibit the manufacture (including import), processing, distribution in commerce and commercial use of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for oilfield brake blocks, aftermarket automotive brakes and linings, other vehicle friction products and other gaskets;
  • Prohibit the manufacture (including import), processing, and distribution in commerce of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for consumer use of aftermarket automotive brakes and linings and other gaskets; and
  • Establish disposal and recordkeeping requirements.

The effective date of this final rule is May 28, 2024. Certain uses of chrysotile asbestos will be prohibited as of that date.  However, other uses will be phased out over a period of years.

Reference

Environmental Protection Agency, Federal Register Vol. 89, No. 61, March 28, 2024

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