The US Environmental Protection Agency (EPA) issued a final rule today prohibiting ongoing uses of chrysotile asbestos, the last form of asbestos currently used in or imported to the United States, as per Chemweek.
The EPA said the ban is the first rule to be finalized under the 2016 amendments to the Toxic Substances and Control Act (TSCA) and “marks a major milestone for chemical safety after more than three decades of inadequate protections and serious delays.” The agency cites asbestos’ known carcinogenicity and severe impacts on public health for its decision. “Under the President’s leadership, EPA has been working expeditiously to put the nation’s chemical safety program back on track and finally realize the protections of the 2016 law,” EPA Administrator Michael S. Regan said in a press statement. “This action is just the beginning as we work to protect all American families, workers, and communities from toxic chemicals.”
Used exclusively by the chlor-alkali industry, the EPA first proposed a ban on chrysotile asbestos in April 2022. The move drew industry criticism for its implications for the country’s supply of chlorine, which is used extensively by public drinking water treatment facilities, as well as the rule’s failure to consider worker protections.
The American Chemistry Council (ACC) did not immediately respond to S&P Global Commodity Insights’ request for comment on the EPA’s most recent announcement, but in 2022 it said such a ban would impact nearly one-third of the nation’s chlorine and sodium hydroxide production.
The EPA said there are only eight chlor-alkali plants in the US that still use asbestos and that it will give those facilities a “reasonable transition time … that does not inadvertently adversely impact drinking or wastewater purification efforts.” The facilities must transition to either non-asbestos diaphragms or to non-asbestos membrane technology, and the final rule ensures that six of the eight will have completed this transition within five years, with the remaining two to follow.
“EPA has determined that converting facilities from using diaphragms that contain asbestos to those that do not within five years provides both a reasonable transition time and is as soon as practicable without disrupting the supply of chlorine that is needed for water purification purposes,” according to the EPA’s statement. “EPA also believes that five of the eight facilities likely plan to undergo such conversions.”
However, the EPA admitted that converting facilities from using diaphragms that contain asbestos to non-asbestos membrane technology requires extensive construction, additional permits, specialized expertise and parts for which there are limited suppliers. “EPA has therefore determined that a reasonable transition time for companies that plan to transition multiple facilities to non-asbestos membrane technology is five years to convert their first facility, eight years to convert their second and 12 years to convert their third, and the facilities will be required to certify their continued progress with EPA,” the agency added.
We remind, the US Environmental Protection Agency (EPA) has announced finalized amendments to a program designed to reduce the frequency and severity of accidents at 11,740 chemical plants across the United States, although industry groups have called the updates problematic, unworkable, and counter-productive.
mrchub.com