S 2811119th CongressIn Committee

Alan Reinstein Ban Asbestos Now Act of 2025

Introduced: Sep 16, 2025

Sponsor: Sen. Merkley, Jeff [D-OR] (D-Oregon)

Environment & ClimateHealthcare

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Alan Reinstein Ban Asbestos Now Act of 2025 amends the Toxic Substances Control Act to establish a comprehensive ban on commercial asbestos in the United States. The bill prohibits the manufacture, processing, use, and distribution of commercial asbestos and products containing it, effective immediately upon enactment. The legislation defines commercial asbestos to include eight specific asbestiform varieties (including chrysotile, crocidolite, and amosite) that are extracted and processed for commercial value. While the ban is immediate, it provides a temporary exemption for the chlor-alkali industry until January 1, 2030, and allows the President to grant limited national security exemptions under strict conditions.

Key Points

1Immediate Ban: Prohibits all manufacture, processing, use, and distribution of commercial asbestos and asbestos-containing mixtures or articles effective on the date of enactment
2Chlor-Alkali Industry Exception: Allows existing chlor-alkali facilities to continue using asbestos diaphragms in their production processes until January 1, 2030
3National Security Exemptions: Permits the President to grant one-time exemptions (up to 3 years, with one possible 3-year extension) for national security purposes when no feasible alternative exists
4Existing Installations Protected: Does not require removal of asbestos already installed in buildings, structures, or equipment before the law's enactment
5Impurities Excluded: The ban does not apply to products where asbestos is present solely as an unintended impurity rather than as an intentional ingredient

Impact Areas

Manufacturing and Industrial Sectors: Companies currently using asbestos in production processes will need to find alternatives or cease operations, with the chlor-alkali industry receiving a 5-year transition periodPublic Health: Expected to reduce asbestos exposure and related diseases (mesothelioma, lung cancer, asbestosis) by eliminating new sources of commercial asbestos in consumer and industrial productsConstruction and Building Materials: Industries that have continued using asbestos-containing products will need to transition to alternative materialsNational Defense: Military and defense contractors may apply for limited exemptions when asbestos use is deemed essential to national security and no alternatives existCosmetics and Consumer Products: While the ban applies to chemical substances under TSCA, it explicitly does not affect separate asbestos regulations for cosmetics under the Food, Drug, and Cosmetic Act

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