In March 2024, the U.S. Environmental Protection Agency (EPA) announced a ban on the ongoing use of chrysotile asbestos in connection with health problems associated with asbestos exposure. The rule is entitled Asbestos Part 1; Chrysotile Asbestos: Regulation of Certain Conditions of Use Under the Toxic Substances Control Act and was published at 89 Federal Register 21970 (March 28, 2024).
The new rule will impact the processing and industrial use of chrysotile asbestos diaphragms in the Chlor-alkali industry, asbestos-containing sheet gaskets in chemical production, the use and disposal of asbestos-containing brakes in the oil industry, and the commercial use and disposal of asbestos-containing brake blocks and gaskets, brakes and linings, and other friction products. The EPA has set different compliance deadlines to transition away from the use of chrysotile asbestos while also providing a reasonable transition period, as required by law.
The EPA's announcement has prompted the filing of petitions seeking review of the final rule by several organizations, including the Asbestos Disease Awareness Organization, the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO, the Texas Chemistry Council, the American Chemistry Counsel, and the Georgia Chemistry Council. The petitions were filed in multiple jurisdictions and, pursuant to the criteria set forth in 28 U.S.C. §2112(a) for random selection by the United States Panel on Multidistrict Litigation, have been transferred to the United States Court of Appeals for the Fifth Circuit in New Orleans for further proceedings.
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