Asbestos, a once-heralded miracle mineral for its fire-resistant properties, has left a devastating legacy of disease and death. Despite knowing the dangers for decades, the United States has been shockingly slow in implementing comprehensive asbestos regulations.
The Environmental Protection Agency (EPA)’s recent ban on chrysotile asbestos, the last form of asbestos used in the United States, marks a significant milestone, yet it highlights decades of industrial and political resistance. Understanding the complexities surrounding asbestos regulations and the influence of corporations and lobby groups provides insight into this complex and prolonged battle.
The Phaseout of Chrysotile Asbestos
More than 50 countries have banned chrysotile or white asbestos. This well-known and widely accepted carcinogen, which is linked to over 40,000 deaths in the US and 255,000 deaths worldwide each year as a result of various cancers, is finally facing deadline bans for its import and use in the nation.
The Slow Road to Banning Asbestos
Delays to the EPA asbestos ban took place for several reasons. Here’s why it took so long.
Concealed Information to Avoid Consequences
Since the 1930s, asbestos manufacturers have known their products were dangerous. This knowledge did not prevent them from deliberately concealing this information for decades while simultaneously relying on the decades-long latency period for the development of asbestos-related cancers to avoid responsibility. Dozens of companies and industry groups, including Johns-Manville, the largest asbestos manufacturer of the 20th century, orchestrated a massive asbestos cover-up to hide the dangers of asbestos exposure from workers.
The asbestos industry as a whole followed the same strategy. A paper in the International Journal of Occupational and Environmental Health revealed that a 1957 industry study removed internal findings showing that asbestos miners with asbestosis were more likely to develop lung cancer. This suppression of information successfully dampened the concern of the American Medical Association (AMA).
Attempted EPA Asbestos Ban in 1989
While several nations began enacting bans during the 20th century, similar efforts in the US stalled. In 1989, the EPA attempted to ban most asbestos products by 1997. The asbestos and chemical lobbies responded by suing them. The asbestos ban was overturned by a federal court (largely on technical grounds), stating the EPA failed to find less burdensome alternatives to a complete ban.
Scare Tactics by the Chemical Industry
In April 2022, the EPA proposed to ban ongoing uses of chrysotile asbestos, the only form of asbestos imported into the U.S. at the time. Prohibitions on asbestos diaphragms and sheet gaskets were proposed to take effect 180 days or two years after the final rule’s effective date, depending on the commercial use.
Immediately thereafter, the American Chemistry Council (ACC) employed scare tactics, asserting that an asbestos ban posed a health hazard. They argued it could substantially harm the nation’s drinking water supply and hinder the production of products essential for achieving climate and sustainability goals, such as batteries, windmills, and solar panels.
When Asbestos Was Officially Banned in the US
The final EPA rule in March 2024 reflects a compromise between the EPA and ACC. It recognizes that converting chlorine facilities from asbestos diaphragms to non-asbestos technology requires parts from limited suppliers, additional permits, extensive construction, and specialized expertise.
By law, industries are given a grace period to switch to other materials.
- Asbestos sheet gaskets: Most asbestos-containing sheet gaskets will be phased out in two years. Those used to produce titanium dioxide and process nuclear material will be banned in five years.
- Asbestos diaphragms: Eight plants are still making asbestos diaphragms to produce the chlorine and sodium hydroxide needed to disinfect drinking water and wastewater. Six of these facilities will transition to using other materials within five years, and the remaining two will follow, making the total phaseout occur within twelve years.
The O’Brien Law Firm’s Dedication
At the O’Brien Law Firm, we are dedicated to helping the victims of asbestos disease seek the justice and compensation they deserve. If you or a loved one has been affected by asbestos-related diseases, contact us for a FREE case evaluation. Our experienced attorneys understand the unique legal challenges and will hold the liable party accountable.
Let the O’Brien Law Firm advocate for your rights. Call us at (314) 588-0558 or contact us online to get started!