U.S. took 35 years to partially ban asbestos; 12-year phase-out still underway

In 1989, the EPA issued a rule banning most asbestos-containing products. In 1991, the Fifth Circuit Court of Appeals overturned most of the ban, ruling the EPA had not proven it was the 'least burdensome alternative.' For the next 33 years, the U.S. continued to import and use chrysotile asbestos -- primarily in chlor-alkali chemical plants -- while 69 other countries, including all of the EU, UK, Canada, Australia, and Japan, enacted full bans. In March 2024, the EPA finally finalized a ban on chrysotile asbestos, but with a 12-year phase-out period extending to 2036. So what? During this phase-out, chrysotile asbestos continues to enter the U.S. legally. So what? Workers in chlor-alkali plants and downstream industries remain exposed to a substance the World Health Organization has classified as a Group 1 carcinogen since 1977. So what? The U.S. is one of only two OECD nations (along with Mexico) that has not fully banned all forms of asbestos, undermining its credibility in pushing global health standards and leaving its own workers less protected than those in developing nations that have enacted full bans. The structural reason this persists: the chlor-alkali industry lobbied for extended phase-outs arguing no viable substitute exists for asbestos diaphragms, the 1991 court decision set a uniquely high legal bar for EPA chemical bans under TSCA, and political cycles repeatedly deprioritized the issue despite bipartisan support for a ban.