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.

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

Day Two at the PACNY Environmental Conference: Industry Insight, Asbestos Updates, and DOL Dialogue

The second day of the 2025 Professional Abatement Contractors of New York (PACNY) 28th Annual Environmental Conference at Turning Stone Resort and  Casino built on the momentum of Day One, delivering another impressive lineup of speakers, powerful insights, and meaningful conversations that underscored the challenges — and opportunities — in our industry.

Russell Vent Introducing New Members of PACNY

The morning opened with a “PACNY – State of the Union” address delivered by PACNY President Kevin Hutton and Vice President Russell C. Vent. Their presentation outlined the association’s accomplishments over the past year, current legislative concerns, and PACNY’s continued commitment to environmental and worker safety advocacy. Their remarks reinforced PACNY’s role as a vital voice for our industry, especially in times of shifting regulatory landscapes.

BJ Fungaroli makes several points about why the Asbestos Industry has 125+ years

Next up was our Keynote Speaker, BJ Fungaroli, President/CEO of Environmental Holdings Group, LLC, who gave a compelling presentation on “The State of the Asbestos Industry.” BJ didn’t hold back — and he didn’t sugarcoat things either. According to him, the asbestos industry isn’t going away anytime soon. In fact, BJ emphasized that we’re looking at another 125+ years of work, oversight, and regulation, due to the enormous volume of asbestos still present in our building stock and infrastructure. His presentation was a stark reminder of the long-term responsibility that asbestos professionals must continue to shoulder.

BJ Fungaroli discussing automation of the Asbestos Industry

Following BJ’s keynote, Linda Reinstein, Asbestos Disease Awareness Organization, and Brent Kynoch, Environmental Information Association presented “The State of the Asbestos Ban.” Their presentation clarified where things currently stand with the U.S. Environmental Protection Agency's (EPA's) risk evaluation process. While we’ve seen progress with Part 1: Chrysotile asbestos, the bigger challenge lies ahead with Part 2: The Supplemental Evaluation, which will include legacy uses and associated disposal of asbestos-containing materials. This upcoming phase could have far-reaching implications for how asbestos is regulated and managed across the U.S.  Because of EPA's footdragging regarding banning all forms of asbestos it is even more important to support the passage of Bicameral Alan Reinstein Ban Asbestos Now Act (S.1069 and H.R. 2402).  Linda and Brent’s message was clear: the fight isn’t over, and active industry participation in public comment and advocacy will be critical in shaping the future of asbestos regulation.

Brent Kynoch and Linda Reinstein speaking on the Asbestos Ban

After the morning session, attendees enjoyed a coffee break in the Exhibit Hall, which was buzzing with conversations, new product demos, and vendor networking.

NYS Department of Labor (NYSDOL) Presentation and Roundtable Q&A

We returned to the main conference room for one of the most anticipated segments of the day — the NYS Department of Labor (NYSDOL) Presentation and Roundtable Q&A.  This session featured:

• Vincent Rapacciuolo, Deputy Director

• Kirk Fisher, Head of the Asbestos Control Bureau

• Chek Beng Ng, Head of the Engineering Services Unit

• Conor Donnelly, Head of Licensing & Certification

This panel provided critical updates and fielded questions from attendees on a wide range of topics.  Among the highlights:

• An overview of NYSDOL’s ongoing rollout of the Management System for Protecting Workers Rights (MPWER) online system for training certificates and variances

• A look at NYSDOL’s pilot use of drone technology to enhance enforcement and inspection efforts

• Clarification on licensing, enforcement priorities, and the department’s approach to fielding variance requests

The roundtable format offered attendees a unique opportunity to engage directly with the regulators shaping policy on the ground — and the PACNY audience took full advantage of it. The conversation was lively, informative, and — at times — refreshingly candid.

NYSDOL sent their enforcement staff to attend the conference and meet attendees

The day concluded with a networking lunch, giving attendees one last chance to connect, reflect on the conference’s content, and strengthen professional relationships.  It was the perfect cap to two days filled with insight, energy, and community.

Tony Rich & Linda Reinstein visited our booth in the Exhibit Hall!

As always, PACNY continues to deliver high-quality education and real-world dialogue that keeps our industry informed and engaged.  Whether it’s regulatory shifts, the future of asbestos management, or technological innovations, this year’s conference reminded us that our work is far from done — and that it’s going to take all of us to move it forward.

A Bitter Birthday: Celebrating NIOSH’s Legacy Amid Uncertain Times

 Today, April 28, marks the anniversary of the day NIOSH first opened its doors in 1971, following the passage of the Occupational Safety and Health Act of 1970. Congress created NIOSH — the National Institute for Occupational Safety and Health — to "assure so far as possible every working man and woman in the Nation safe and healthful working conditions."

Types of Respirators

For more than half a century, NIOSH has stood as a cornerstone of worker protection.  Its research has helped shape critical safety standards for asbestos, silica, lead, heat stress, mental health, and countless other hazards across industries.  From construction sites to healthcare settings, from manufacturing floors to environmental consulting offices, NIOSH’s work has been integral to safeguarding the health and lives of American workers.

But this year’s celebration is bittersweet — and frankly, alarming.

In a stunning and deeply concerning move, mass layoffs have gutted key NIOSH research and education programs.  Overnight, the agency’s capacity to investigate workplace hazards, develop scientific guidelines, and educate the next generation of safety professionals has been drastically reduced.

The consequences of this cannot be overstated.  Without NIOSH’s leadership:

• Standards for silica, a deadly airborne hazard linked to silicosis and lung cancer, are now at risk of stagnating.

• Protections against lead exposure, which affects the brain and nervous system, could weaken.

• Efforts to address heat-related illness, a growing crisis as climate change intensifies, are left vulnerable.

• Momentum around mental health in the workplace, a long-ignored pillar of occupational safety, may lose critical support just when it's finally gaining ground.

Occupational safety and health cannot afford to stand still — and it certainly cannot afford to move backward.  Every advance we’ve made — every reduced injury rate, every improved standard, every saved life — was built on a foundation of science, research, and proactive leadership.  Without a strong, fully functioning NIOSH, that foundation starts to crack.

Thankfully, the fight to #SaveNIOSH is growing stronger by the day.

American Conference of Governmental Industrial Hygienists (ACGIH) and the American Industrial Hygiene Association (AIHA) are actively advocating through letters, partnerships, and a public #SaveNIOSH campaign.  Workers, safety professionals, and the general public are encouraged to use the Voter Voice system to contact legislators, share their support on social media, and help safeguard worker protections that are critical to U.S. health, safety, and economic well-being.

A coalition of 460 organizations is urging Congress to stop the planned layoffs at NIOSH, warning that cutting more than 870 employees would cripple efforts to protect the health and safety of 164 million U.S. workers.  These cuts — part of a Department of Health and Human Services (HHS) restructuring set to take effect by June 30 — would devastate critical programs like the National Personal Protective Technology Laboratory,  providing info on Firefighter research, services, and health and safety information, and Coal Workers' Health Surveillance Program and other such initiatives.

NYC FireFighter

The coalition emphasizes that NIOSH provides the nation’s only dedicated federal research on preventing workplace injuries and illnesses — losses that cost the U.S. economy more than $250 billion annually.

Lawmakers, including Rep. Bobby Scott (D-VA), are demanding hearings and greater transparency, arguing that gutting NIOSH would not only endanger workers but also undermine decades of public health progress and weaken evidence-based solutions that have saved countless lives.

Protecting NIOSH is not just about preserving an institution — it's about maintaining a safer, healthier workforce and a stronger economy. It’s about continuing the work that has made American workplaces among the safest in the world.

As we mark this important milestone, let’s honor NIOSH’s legacy — not just with words, but with action.  Speak up.  Get involved.  Fight for the future of occupational health and safety.

Because workers deserve better.