News Summary
The EPA filed a motion requesting a six-month pause on current litigation regarding chrysotile asbestos regulations as it plans to initiate new rulemaking. The ongoing case complicates the regulatory environment for this controversial substance, which poses serious health risks. This move could lead to significant changes in the oversight of chrysotile asbestos in the United States, where it remains legal despite bans in many other countries.
EPA Moves to Reconsider Chrysotile Asbestos Regulations Amid Legal Challenges
On June 16, 2025, an electrifying motion was filed by the U.S. Environmental Protection Agency (EPA) with the U.S. Court of Appeals for the Fifth Circuit. This motion requests that the ongoing litigation concerning the 2024 final rule regulating chrysotile asbestos under the Toxic Substances Control Act (TSCA) be held in abeyance for an additional six months. The twist? The EPA has plans to embark on a new notice-and-comment rulemaking to revisit certain controversial aspects of the existing rule.
The Legal Landscape
The case, identified as Texas Chemistry Council, et al. v. EPA, consolidates various challenges presented by industry associations and public health organizations. This adds another layer of complexity to an already convoluted legal tapestry surrounding chrysotile asbestos, also widely referred to as “white asbestos.” It remains the principal form of asbestos in use globally, with the U.S. being one of the few countries that still permits its import and utilization.
Chrysotile has had a notorious past; once lauded for its thermal and electrical insulation properties as well as fire resistance, its consumption peaked in the 1970s and 1980s. However, chronic exposure has been linked to deadly health conditions including asbestosis and mesothelioma, particularly among workers in high-risk industries. In stark contrast to the United States, the use of asbestos has been outright banned in the European Union and numerous other nations, with only a handful allowing limited exemptions.
Regulatory Challenges Ahead
The regulation of asbestos through TSCA has a history colored with legal and administrative hurdles. In 1989, the EPA attempted to phase out most uses of asbestos via a TSCA Section 6 rule, only to have it largely overturned in the landmark case Corrosion Proof Fittings v. EPA. This ruling determined that the EPA had not selected the “least burdensome” regulatory approach, thus allowing several uses of asbestos to persist legally.
Fast-forward to 2016, the amendments made to TSCA abolished this “least burdensome” requirement, granting the EPA expanded authority to regulate hazardous substances based solely on unreasonable risk—as of January 2020, the Asbestos Part 1 risk evaluation stood as the first to be finalized under the amended TSCA.
The 2024 Rule and Future Implications
The 2024 rule, finalized on March 28, 2024, represents a critical point in this regulatory saga. It delineates strict prohibitions on the manufacture, processing, distribution in commerce, and commercial use of chrysotile asbestos under a set of specific conditions. Following its announcement, an array of petitions for review flooded the Fifth Circuit.
Initially granted a 120-day hold on litigation by the court on February 14, 2025, the EPA confirmed plans in June to instigate new rulemaking processes. Areas up for reconsideration include workplace controls and transition periods for industries reliant on chrysotile asbestos. The entire rulemaking journey is projected to span approximately 30 months, during which the current rule will remain effective, leading the EPA to anticipate seeking further extensions of the abeyance as the rulemaking advances.
Health Risks and Industry Response
Under TSCA Section 6(a), the EPA holds a statutory mandate to regulate chemicals deemed as posing unreasonable risks to health or the environment. The World Health Organization has classified all asbestos types, including chrysotile, as carcinogenic, further complicating the industry’s claims. The International Chrysotile Association has argued that chrysotile can be utilized safely under controlled conditions, citing advances in technology and materials.
The imminent decision to revisit the Asbestos Part 1 rule underscores the ongoing complexities in asbestos regulation, particularly in light of evolving public health standards and industry expectations. Companies entwined in chrysotile asbestos production and use must remain vigilant and prepared for the upcoming notice-and-comment process, as the results could significantly reshape regulatory landscapes moving forward.
As it stands, a final rule is projected to be issued by mid-December 2027—if the rulemaking trajectory adheres to the established timeline, thus ensuring that the future of chrysotile asbestos regulation remains at the forefront of both public health and industry discussions.
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Additional Resources
- U.S. Environmental Protection Agency (EPA)
- National Cancer Institute: Asbestos
- Agency for Toxic Substances and Disease Registry (ATSDR)
- Wikipedia: Asbestos
- World Health Organization (WHO): Asbestos
Author: STAFF HERE CHARLESTON
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