In March 2024, the Environmental Protection Agency finalized a historic rule banning chrysotile asbestos—the only type of asbestos still imported and used in the United States [1]. This landmark regulation represents the most significant federal action against asbestos since the EPA's failed 1989 ban was overturned by courts in 1991. However, the rule includes phase-out periods extending to 2036 for certain industries, faces ongoing legal challenges, and does nothing to address the millions of tons of asbestos already in American buildings. Here's what mesothelioma victims and their families need to understand about this development.
Executive Summary
The EPA's March 2024 chrysotile asbestos ban prohibits ongoing import, processing, and distribution of chrysotile asbestos under the Toxic Substances Control Act [1]. The rule took effect for most uses within one year but allows the chlor-alkali industry up to 12 years to transition away from asbestos diaphragms [5]. Legal challenges in the Fifth Circuit Court of Appeals threaten implementation [3]. Meanwhile, over 67 countries have already enacted comprehensive asbestos bans [4]. For mesothelioma victims, this regulatory development has limited immediate impact—compensation rights are based on past exposure, and the focus should remain on pursuing claims against manufacturers and trust funds that hold over $30 billion for victims. As someone who has litigated against corporations that concealed asbestos dangers for decades, I view this ban as long overdue acknowledgment of what we've proven in courtroom after courtroom.
8 Key Facts About the EPA Chrysotile Asbestos Ban
- Effective Date: March 2024 for most uses; phased implementation through 2036 [1]
- Type Banned: Chrysotile (white asbestos)—the only type still used in U.S.
- Legal Authority: Toxic Substances Control Act, as amended by 2016 Lautenberg Act [2]
- Affected Industries: Chlor-alkali, automotive aftermarket, gasket manufacturing
- Phase-Out Period: 6 chlor-alkali facilities have 5-12 years to transition [5]
- Legal Challenge: Fifth Circuit Court case threatens implementation [3]
- Existing Asbestos: Not affected—no removal required from buildings
- Global Context: U.S. joins 67+ countries with comprehensive bans [4]
What Does the EPA Asbestos Ban Actually Cover?
The 2024 rule specifically targets chrysotile asbestos—the serpentine form that accounts for 95% of asbestos historically used worldwide. The asbestos products database documents the thousands of products that once contained this material.
Uses Banned Under the Rule
The EPA rule prohibits chrysotile asbestos in [1]:
- Chlor-alkali industry diaphragms: Used in chlorine and sodium hydroxide production
- Sheet gaskets: Industrial sealing applications
- Oilfield brake blocks: Oil drilling equipment
- Aftermarket automotive brakes: Replacement brake pads and linings
- Other gaskets: Various industrial applications
- Vehicle friction products: Clutches and brake components
Countries that have enacted comprehensive asbestos bans before the United States
What the Ban Does NOT Cover
Important limitations exist [1]:
- Existing asbestos in buildings: No removal requirements for installed materials
- Previously manufactured products: Existing inventory can be used
- Other asbestos types: Rule focused on chrysotile only (though other types were already effectively not used)
- Naturally occurring asbestos: Mining operations and geological deposits
"This ban is welcome but decades overdue. For 40 years, we've been proving in courtrooms that asbestos manufacturers knew their products were killing workers. The fact that it took until 2024 for the federal government to finally ban ongoing asbestos use shows how powerful corporate interests delayed action while people continued to die."
— Rod De Llano, Founding Partner, Danziger & De Llano
Why Did the Ban Take So Long?
The United States has a complicated regulatory history with asbestos, marked by industry opposition and legal setbacks. Understanding this history helps explain why comprehensive action came so late.
The 1989 EPA Ban and Its Defeat
In 1989, the EPA issued a comprehensive asbestos ban under TSCA. However, the Fifth Circuit Court of Appeals overturned most of the rule in 1991 (Corrosion Proof Fittings v. EPA), finding that the EPA had not adequately demonstrated that less restrictive alternatives wouldn't suffice. This decision effectively paralyzed federal asbestos regulation for over 30 years.
The 2016 Lautenberg Act
Congress strengthened the EPA's authority through the Frank R. Lautenberg Chemical Safety for the 21st Century Act [2], which:
- Amended TSCA to require EPA to evaluate chemical risks
- Established clearer criteria for chemical regulation
- Required EPA to prioritize high-risk chemicals for evaluation
- Named asbestos among the first 10 chemicals for risk evaluation
The 2024 Final Rule
Using authority under the amended TSCA, the EPA completed its risk evaluation and determined that chrysotile asbestos poses unreasonable risk under conditions of use. The final rule was published in March 2024 [1].
Legal Challenges Threaten Implementation
The 2024 ban faces legal challenges that could delay or weaken its implementation. The legal deadlines guide explains why timing matters in asbestos cases.
Fifth Circuit Challenge
Industry groups filed suit in the Fifth Circuit Court of Appeals—the same court that overturned the 1989 ban [3]. Arguments include:
- EPA allegedly failed to consider economic impacts adequately
- Phase-out timelines claimed to be insufficient for industry transition
- Questions about whether less restrictive alternatives exist
Potential Outcomes
The legal challenge could result in:
- Upholding the rule: Ban proceeds as scheduled
- Remanding for revision: EPA must address specific issues
- Overturning the rule: Return to pre-ban status (least likely given stronger TSCA authority)
- Modified implementation: Extended timelines or narrowed scope
"Having defended corporations before I began representing asbestos victims, I understand how these companies use litigation to delay regulation. The same tactics we see in the Fifth Circuit challenge were used to block the 1989 ban. But the legal landscape has changed, and the scientific evidence is overwhelming."
— Rod De Llano, Founding Partner, Danziger & De Llano
Impact on Mesothelioma Victims and Compensation
While the ban represents important public health progress, its immediate impact on mesothelioma victims is limited. The mesothelioma claim process explains how compensation works.
Why the Ban Doesn't Affect Current Cases
Mesothelioma has a 20-50 year latency period between exposure and diagnosis. People diagnosed today were typically exposed in the 1970s, 1980s, or 1990s—long before this ban:
- Compensation is based on past exposure, not current regulations
- Defendant companies' liability stems from their historical conduct
- Trust funds hold $30+ billion for victims of past exposure
- Lawsuits target manufacturers whose products caused exposure decades ago
Compensation Remains Available
Mesothelioma patients diagnosed in 2026 have the same legal rights as before the ban:
- Trust fund claims: Over 60 trusts with $30+ billion in assets [per trust fund guide]
- Personal injury lawsuits: Against solvent defendants
- Wrongful death claims: For families of deceased victims
- Veterans benefits: For military-related exposure
Available in asbestos trust funds for mesothelioma victims regardless of the ban
Future Implications
Over time, the ban should reduce new mesothelioma cases—but this will take decades to materialize:
- Current exposures (now banned) would cause disease 20-50 years in the future
- Existing asbestos in buildings continues to pose risks
- Renovation and demolition workers remain at risk
- Secondary exposure through contaminated clothing still possible
What About Existing Asbestos in Buildings?
The EPA ban does not address the millions of structures containing asbestos installed decades ago. The occupational exposure index documents ongoing exposure risks.
The Ongoing Exposure Problem
Significant asbestos remains in:
- Residential buildings: Homes built before 1980 commonly contain asbestos
- Commercial structures: Office buildings, schools, hospitals
- Industrial facilities: Plants and factories with asbestos insulation
- Infrastructure: Pipes, water mains, and utility systems
Who Remains at Risk
Workers disturbing existing asbestos face ongoing exposure:
- Renovation contractors: Cutting into walls, ceilings, floors
- Demolition workers: Tearing down older structures
- Maintenance personnel: Repairing systems with asbestos components
- Abatement workers: Despite protective measures, exposure can occur
OSHA and State Regulations
While the EPA ban addresses new asbestos use, workplace exposure to existing asbestos continues to be regulated by:
- OSHA asbestos standards for general industry and construction
- EPA NESHAP regulations for demolition and renovation
- State-specific asbestos regulations and licensing requirements
Global Context: International Asbestos Bans
The United States joins a growing list of countries that have banned asbestos, though it remains one of the last major industrialized nations to act [4].
Countries with Comprehensive Bans
| Region | Countries | Ban Status |
|---|---|---|
| European Union | 27 member states | Banned since 2005 |
| Asia-Pacific | Australia, Japan, South Korea | Comprehensive bans in place |
| North America | Canada, United States | Canada 2018; U.S. 2024 |
| Other | UK, Switzerland, Norway | Long-standing bans |
Countries Still Using Asbestos
Despite proven health risks, some countries continue significant asbestos use:
- Russia (major producer and user)
- China (significant user)
- India (growing use)
- Brazil (recently moved toward ban)
Frequently Asked Questions
Does the EPA ban completely eliminate asbestos in the United States?
No. The EPA's 2024 rule specifically bans chrysotile asbestos, the only type still imported and used in the U.S. However, the rule includes phase-out periods of up to 12 years for the chlor-alkali industry, and existing asbestos in buildings remains unaffected. Additionally, the rule faces ongoing legal challenges in the Fifth Circuit Court of Appeals.
What industries are affected by the chrysotile ban?
The ban primarily affects the chlor-alkali industry (which uses asbestos diaphragms in chlorine production), asbestos sheet gasket manufacturing, oilfield brake and friction products, aftermarket automotive brakes and linings, and other gasket applications. Most consumer products already stopped using chrysotile decades ago.
Will the asbestos ban affect existing mesothelioma lawsuits?
No. Mesothelioma lawsuits are based on past exposure, typically occurring 20-50 years before diagnosis. The ban affects future asbestos use, not the legal rights of those already exposed. Current mesothelioma patients retain full rights to pursue compensation through lawsuits and trust fund claims.
Why did the EPA ban take so long to happen?
Previous EPA attempts to ban asbestos were overturned by courts in 1991 (Corrosion Proof Fittings v. EPA). The 2024 ban was enabled by the 2016 Lautenberg Chemical Safety Act, which strengthened the Toxic Substances Control Act (TSCA) and gave EPA clearer authority to regulate dangerous chemicals.
Is asbestos still dangerous in older buildings?
Yes. The EPA ban does not require removal of existing asbestos from buildings. Millions of structures built before 1980 contain asbestos in insulation, flooring, ceiling tiles, and other materials. When disturbed during renovation or demolition, this asbestos continues to pose health risks.
What other countries have banned asbestos?
Over 67 countries have enacted comprehensive asbestos bans, including the entire European Union, Australia, Japan, South Korea, and Canada. The United States was one of the last industrialized nations to ban chrysotile asbestos, and its ban still allows longer phase-out periods than most other nations.
Taking Action: Your Rights as a Mesothelioma Patient
The EPA asbestos ban represents progress in preventing future exposures, but it does not change the compensation rights of people already diagnosed with mesothelioma. If you or a loved one has mesothelioma, your priority should be pursuing the compensation you're entitled to.
Our experienced mesothelioma attorneys understand both the regulatory landscape and the legal strategies needed to maximize compensation. We've been holding asbestos companies accountable for decades—long before the government finally acted.
Related Resources
- Asbestos Trust Funds: $30 Billion Available in 2026 — Compensation guide
- Asbestos Trust Fund Overview — Filing information
- Find Mesothelioma Lawyers by State — Connect with specialists
- Free Case Assessment — Get a personalized evaluation
Learn More About Asbestos Regulation
- Corporate Asbestos Coverup — Industry concealment history
- Asbestos Products Database — Product identification
- Occupational Exposure Index — High-risk occupations
Sources:
- EPA Final Rule: Chrysotile Asbestos. U.S. Environmental Protection Agency. (March 2024).
- Frank R. Lautenberg Chemical Safety for the 21st Century Act. U.S. Congress. (2016).
- Fifth Circuit Court Challenge to EPA Asbestos Rule. U.S. Court of Appeals, Fifth Circuit. (2025).
- Global Asbestos Bans: International Comparison. World Health Organization. (2024).
- Chlor-Alkali Industry Asbestos Use Assessment. EPA Office of Chemical Safety. (2024).
Last updated: February 6, 2026
About the Author
Rod De LlanoFounding Partner at Danziger & De Llano, Princeton graduate with corporate defense background
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