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Greenbaum, Rowe, Smith & Davis LLP Client Alert

What You Need to Know

On March 28, 2024, the U.S. Environmental Protection Agency (EPA) published a final rule to ban and transition from the ongoing use of chrysotile asbestos. Chrysotile asbestos is the last type of asbestos currently sold on the market and exists in a variety of products, such as asbestos diaphragms, gaskets, brake blocks, and automotive parts.

The rule will become effective on May 28, 2024, and was promulgated under the Toxic Substances Control Act (TSCA). It applies to any manufacture, importation, distribution, use, or disposal of chrysotile asbestos. While the use of asbestos has steadily declined since the 1970s, the EPA has ultimately determined to ban chrysotile asbestos due to its unreasonable health risks.

The rule is expected to impact the following industries:

The EPA has banned the import of any chlor-alkali asbestos and has set transitional, phase-out timelines for industries that still utilize these asbestos-containing materials. Generally, the transition dates are as follows:

Additionally, any business or company that falls within the scope of the rule will have recordkeeping requirements to ensure phase-outs are properly conducted. 

Please contact the authors of this Alert with questions related to the EPA’s rule or to discuss specific impacts to your business in greater detail.

David C. Scott

David C. Scott
Partner, Environmental Department

William F. Kellermeyer

William F. Kellermeyer
Associate, Environmental Department