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Showing posts with label #AsbestosKills. Show all posts
Showing posts with label #AsbestosKills. Show all posts

Friday, July 04, 2025

Still Not a #BanAsbestos: Over 40 Years in the Asbestos Industry and the Ongoing Fight for Real Change

As we celebrate our country's 249th anniversary of the adoption of the Declaration of Independence, recent events have caused us to spend some time reflecting on 37 years of business, and 43 years in the asbestos industry where we started, what’s changed, and what hasn’t.  Back then, we relied on beepers, phone cards, and typewriters to keep the wheels turning.  New York City Department of Environmental Protection's (NYCDEP's) "Not an Asbestos Project Form ACP5s" had to be ordered and picked up at NYCDEP and were typed by hand.  Manuals were several inches thick, and navigating them required patience—and maybe a magnifying glass.  Today, we have digital manuals, searchable PDFs, online filing systems (see our Training Library), smartphones that connect us instantly, and ACP5s that are filed online.

Yet despite all the technology and efficiency, the core of our work hasn’t changed: workers still need respirators, still need to take showers after abatement, still need negative pressure in the containment area, and still need to wet materials to keep dust down.  The tools have evolved, but the risks and the protocols remain stubbornly the same.  And the biggest constant of all?  Asbestos is still here.  

Asbestos Pipe Insulation

When we first opened our doors, people told us the asbestos problem would be solved in 5 or 10 years.  That was the thinking at the time—because how could a substance so toxic, so dangerous, remain legal in any form? (see our blog post "Future Environment Designs Celebrates 30 Years in Business in October. What the heck is SNUR?").

The book we wrote after 30 years in business

Yet here we are, over 40 years later, and we’re still talking about it.  Not only has asbestos not been banned, but what we’re now calling a “ban” - specifically, the Environmental Protection Agency’s (EPA's) Part 1 Final Rule on Chrysotile Asbestos - isn’t a ban at all.  In addition, the EPA plans to rewrite the Toxic Substances Control Act (TSCA) rule on asbestos, leaving the ban’s status unclear (see Inside EPA).  

Cobbing Station with chrysotile asbestos

Let’s be honest: many of you probably read headlines like “EPA Bans Chrysotile Asbestos” and felt a wave of relief.  We did too—until we read the rule (see our blog post "Chrysotile Asbestos Banned? More Like Certain Conditions of Use Will Be Eventually Banned!").  The full title tells the real story:

“Asbestos Part 1 – Chrysotile Asbestos; Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA).”

That phrase—“Certain Conditions of Use”—should tell you everything. This isn’t a ban.  It’s a regulation of specific uses.  The media clearly needs a dictionary, because, by definition, a ban is to prohibit or forbid by legal means. That’s not what this rule does.

What the EPA has issued is a partial phase-out of chrysotile asbestos—one type of asbestos, in some uses, with long timelines, carveouts, and industry exceptions.

And it says nothing about the other types of asbestos: amosite, crocidolite, tremolite, actinolite, anthophyllite, or the Libby amphiboles.  None of these are addressed.

Asbestos Display Museum of Natural History

Let’s look closer.  The rule is 40 pages long (starting on page 21970 of the Federal Register), but the actual regulatory section is?  Just five pages long—starting at page 22005. The rule addresses:

  • Chrysotile asbestos diaphragms in the chlor-alkali industry

  • Sheet gaskets in chemical production

  • Oilfield brake blocks and gaskets

  • Aftermarket automotive brakes and linings

  • Other vehicle friction products

  • Interim workplace controls

  • Disposal

  • Recordkeeping

Here’s the devil in the details:

  • As of May 28, 2024, the manufacture and import of chrysotile asbestos for chlor-alkali diaphragms is prohibited.

  • Use of those diaphragms? Not prohibited until May 28, 2029, and even then, with exceptions that allow use until 2036 at certain facilities.

  • For sheet gaskets, there’s an exception for titanium dioxide production until May 28, 2029, and for the Savannah River Site until December 31, 2037.

  • Aftermarket brake parts and gaskets can still be used if already installed, even though we know from studies (including those on auto mechanics) that exposure during repair work is dangerous.

And if that’s not enough to make you question the strength of this so-called “ban,” remember the Significant New Use Rule (SNUR) issued in 2019. That rule allows companies to petition the EPA for permission to resume using asbestos in dozens of legacy products, including:

  • Roofing felts

  • Vinyl-asbestos floor tiles

  • Electrical paper

  • Sealants and coatings

  • Beater-add gaskets

  • Millboard

  • Adhesives

  • And more

Think about it: if these materials come back into use, every project involving them will need asbestos inspection and possible abatement. The asbestos abatement industry might never go away—and while that might sound good for business, it’s a horrifying thought for public health.

We find it troubling that while the EPA is creating tighter exposure standards—like their Interim Existing Chemical Exposure Limit (ECEL) of 0.005 f/cc, which is 20 times more protective than the Occupational Safety and Health Administration’s (OSHA's) current limit—they’re simultaneously allowing asbestos to linger in commerce for another decade or more.

In 2021, the Committee for Risk Assessment (RAC) prepared an expert opinion for the European Chemical Agency (ECHA) on the scientific evaluation of occupational exposure limits for asbestos

Even their respirator guidance underscores the danger.  EPA is requiring supplied air respirators for exposure levels that OSHA still considers acceptable. That speaks volumes.

Supplied Airline Respirator

And while the EPA sets these rules, they’re also challenging them.  Under pressure from industry, the agency recently filed a motion to reconsider its own chrysotile asbestos rule, which will delay full implementation for at least 30 months.  That would be a massive setback.

In 2009, we interviewed Linda Reinstein on asbestos for my show, Keeping Your Family Safe 

Linda Reinstein, President and Co-Founder of the Asbestos Disease Awareness Organization (ADAO), called it what it is: “a move that puts lives at risk.”  Listen to her at Reinstein Notebook “EPA’s Motion & Trump’s Administration Consideration of an Asbestos Ban Reversal”.


Here’s the thing: asbestos kills 40,000 Americans a year. This isn’t just about regulation—it’s about life and death.  And that’s why we support ADAO’s fight to pass the Alan Reinstein Ban Asbestos Now Act (ARBAN). This legislation would prohibit the manufacture, processing, use, and distribution of all forms of asbestos in commerce. Period. No loopholes, no exceptions.


We urge you to tell Congress to act. The ADAO has made it easy—use this link to contact your Representatives and Senators and demand a true, complete ban.


Tags: #BanAsbestosNow #ChrysotileMyth #EPARegulations #AsbestosKills #SNUR #TSCA #ARBAN #PublicHealth #AsbestosAbatement #ADAO #37YearsStrong #EnvironmentalJustice #AutoMechanicsAtRisk

Still Not a #BanAsbestos: Over 40 Years in the Asbestos Industry and the Ongoing Fight for Real Change

As we celebrate our country's 249th anniversary of the adoption of the Declaration of Independence, recent events have caused us to spe...