Alan Reinstein Ban Asbestos Now Act of 2025
The Alan Reinstein Ban Asbestos Now Act of 2025 would overhaul how the federal Toxic Substances Control Act (TSCA) treats asbestos by establishing a broad nationwide prohibition on the manufacture, processing, use, and distribution in commerce of “commercial asbestos” and any mixtures or articles containing it. “Commercial asbestos” is defined as the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, actinolite, richterite, and winchite when extracted and processed for commercial value. The bill also creates specific definitions around “distribute in commerce,” and provides important carveouts, including end-use installations of asbestos-containing mixtures or articles in buildings or structures that occurred before enactment, and distribution solely for disposal to comply with regulations. It also preserves an impurity exception (asbestos present only as an impurity within a substance is not covered). The act imposes a general prohibition effective on enactment date, with notable exceptions: (1) a chlor-alkali industry exemption allowing certain uses of asbestos diaphragms until January 1, 2030; (2) a national security exemption process enabling a Presidentially granted, time-limited waiver (up to 3 years, with one possible 3-year renewal) under strict terms to minimize exposure; and (3) procedural safeguards requiring public notice for exemptions and, if necessary for national security, limited disclosure to congressional committees. The bill also prohibits waivers under existing authority for commercial asbestos. Overall, the measure would significantly accelerate the phase-out of asbestos by tightening TSCA controls and removing most permissible uses, while allowing narrowly defined exceptions. Introduced in the 119th Congress on September 16, 2025 by Rep. Bonamici (for herself and Mr. Bacon) and referred to the Committee on Energy and Commerce.
Key Points
- 1Defines “commercial asbestos” as the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, actinolite, richterite, and winchite (when extracted/processed for commercial value); and sets limits on what counts as “distribution in commerce.”
- 2Broad prohibition: effective on enactment, no person may manufacture, process, use, or distribute in commerce commercial asbestos or any mixture or article containing it.
- 3Exemptions and transitional provisions:
- 4- Chlor-alkali industry: facilities in operation at enactment may, until 2030, use/hold/process asbestos fibers solely for diaphragms and diaphragms in chlor-alkali production.
- 5- End-use and disposal carveouts: installations of asbestos-containing mixtures/articles in buildings/structures before enactment and disposal-only distribution to comply with federal/state/local requirements are exempt from the “distribution in commerce” prohibition.
- 6- Impurity exception: asbestos present solely as an impurity in a substance remains outside the ban.
- 7National security waiver: the President may grant a one-time exemption (up to 3 years), extendable once for up to another 3 years, if necessary to protect national security and if no feasible alternative exists; exemptions must include measures to minimize exposure and be published in the Federal Register (with some information shareable to committees if national security concerns prevent publication).
- 8No waivers under existing authority: the bill explicitly prohibits the Administrator from issuing a waiver under Section 22 for commercial asbestos.
- 9Regulatory scope: applies to chemical substances regulated under TSCA and does not alter other asbestos prohibitions or regulate cosmetics under the FDA, nor determine whether cosmetics contain asbestos.