The Alan Reinstein Ban Asbestos Now Act of 2025 immediately bans the manufacture, processing, use, and distribution of commercial asbestos and products containing it, with narrow exceptions for existing chlor-alkali facilities and national security needs.
Jeff Merkley
Senator
OR
The Alan Reinstein Ban Asbestos Now Act of 2025 immediately bans the manufacture, processing, use, and distribution of commercial asbestos and products containing it under the Toxic Substances Control Act (TSCA). This comprehensive ban includes specific definitions for commercial asbestos and outlines limited exceptions for existing installed materials and disposal. The bill provides a temporary exemption for chlor-alkali plants until 2030 and allows for narrowly defined, time-limited national security exemptions granted by the President.
The Alan Reinstein Ban Asbestos Now Act of 2025 is straightforward: it immediately bans the manufacture, processing, use, and distribution of commercial asbestos and any products containing it, effective the day the law is enacted. This means the fibrous forms—like Chrysotile—that have been dug up for commercial use will be illegal to move or sell under the Toxic Substances Control Act (TSCA). Essentially, the bill slams the door shut on the continued introduction of this known carcinogen into the American supply chain.
For most people, the biggest impact is that new asbestos products are off the market. The bill defines “commercial asbestos” specifically to target the raw materials and products that are processed and sold. However, it makes two very practical exceptions that matter for everyday life and necessary cleanup. First, if asbestos is already installed in your house or office building—say, in old insulation or floor tiles—moving that material around is not considered illegal distribution. Second, if you are moving asbestos solely for the purpose of proper disposal, that’s also exempt. This is a smart move that avoids punishing contractors or waste management companies for doing the right thing and safely getting rid of the dangerous material.
While the ban is immediate, not every industry has to comply right away. The bill carves out a specific, time-limited exception for chlor-alkali facilities. These plants use asbestos diaphragms to produce essential chemicals like chlorine. If a facility is already operating when the law passes, they get a pass until January 1, 2030, to continue using and processing asbestos for those diaphragms. This gives the industry a five-year runway to switch to non-asbestos technology, preventing an immediate shock to the chemical supply chain.
More significant is the National Security Exemption outlined in the bill. The President can grant a one-time exemption for up to three years (with a possible three-year extension, totaling six years) if a company can prove that using commercial asbestos is “absolutely necessary to protect U.S. national security interests” and that “there’s no other way to achieve the intended use.” This is a powerful, discretionary tool. While the intent is to protect critical defense needs, the criteria are broad enough that the Executive Branch could potentially shield certain industrial uses from the ban for up to six years. The public is supposed to be notified of these exemptions in the Federal Register, but the bill allows the President to withhold those details if publishing them would harm national security, trading transparency for perceived safety.
The biggest beneficiaries are public health and workers who would otherwise handle these materials. By cutting off the supply chain at the manufacturing and distribution level, the bill aims to prevent future asbestos-related diseases. The chlor-alkali industry gets a necessary reprieve to retool, which is a practical compromise, even if it means continued asbestos use in that sector until 2030. The catch is that national security provision, which introduces a potential loophole. If you’re a taxpayer or a public health advocate, you’ll want to watch closely to see how that exemption power is used, as it could be the single biggest factor determining how complete this ban truly is.