Federal rules may stymie commercial use of chrysotile asbestos as an EPA asbestos risk evaluation takes a closer look at the known carcinogenic substance that has been the cause of many an asbestos mesothelioma lawsuit.

The Environmental Protection Agency (EPA) embarked on further evaluation of one type of asbestos, chrysotile asbestos, still used in the United States. The agency says that it conducted the EPA asbestos risk evaluation “to protect human health and the environment.”

According to Chemical & Engineering News, the final assessment by the EPA concludes that use of the asbestos in products, including such items as gaskets and brakes, presents an unreasonable risk to workers and consumers. Reportedly, the conclusion comes after “intense” industry lobbying for increased used of chrysotile asbestos.

According to the final assessment issued by the EPA on Dec. 30, 2020, the agency evaluated current uses of chrysotile asbestos, “the only form of asbestos known to be imported, processed, or distributed for use in the United States, including in manufacturing, processing, distribution in commerce, occupational and consumer uses, and disposal.” While the EPA reports that it found no environmental risk associated with use of the substance, the agency did conclude that chrysotile asbestos presents unreasonable risks to human health.

The agency noted that current uses of the asbestos in aftermarket automotive brakes/linings and certain gaskets presented risk to consumers and bystanders who may inhale the substance. In addition, workers face unreasonable risks from direct contact with asbestos used in chlor-alkali diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, other vehicle friction products, and other gaskets.

Even workers who do not come in direct contact face unreasonable risks from inhaling chrysotile asbestos used in chlor-alkali diaphragms, sheet gaskets, brake blocks, and other gaskets, concluded the agency.

Chemical & Engineering News reports that the EPA asbestos risk evaluation was prompted by revisions to the federal law known as the Toxic Substances Control Act (TSCA) in 2016. The TSCA was originally enacted in 1976; however, despite decades of effort the EPA was unable to support banning use of the material until now.

Indeed, since it was discovered that asbestos causes cancer, particularly mesothelioma and lung cancer, advocates have tried to enact a blanket ban. While the EPA and other agencies banned certain uses of asbestos, the effort to eradicate it from American industry was unsuccessful. Experts told PBS News that asbestos is still used in a myriad of products, including potting soil, brake liners, and firefighters’ clothing.

“Most people dread the word asbestos and know that it’s a recognized carcinogen, but don’t realize just how much is still in the environment and in common products,” Thomas Burke, an environmental epidemiologist at Johns Hopkins University Bloomberg School of Public Health told PBS News reporters.

According to PBS News, while many industries voluntarily phased out the use of asbestos, there was nothing, no law, rule, or regulation, keeping them from starting to use the substance in products again. The EPA’s recently issued final assessment may mark a change in that stance, closing administrative gaps that allow asbestos to be used in industry despite overwhelming evidence it causes cancer.

“Releasing a final risk evaluation is the last step in the scientific evaluation process required by [the Toxic Substances Control Act] and will guide the agency’s efforts to issue regulations to address unreasonable risks associated with this chemical,” states the report, noting that the EPA has a one-year public comment period.

Reportedly, the agency can now consider taking actions to protect consumers and workers that it has concluded face an unreasonable risk due to exposure to asbestos. Actions can include an outright ban or additional regulations limiting the use of asbestos.