The Alan Reinstein Ban Asbestos Now Act of 2026 amends the Toxic Substances Control Act to implement a comprehensive ban on the manufacture, processing, and distribution of commercial asbestos, subject to limited, time-bound exceptions.
Jeff Merkley
Senator
OR
The Alan Reinstein Ban Asbestos Now Act of 2026 amends the Toxic Substances Control Act to implement a comprehensive ban on the manufacture, processing, use, and distribution of commercial asbestos. While the ban is effective immediately, the legislation includes limited, time-bound exceptions for the chlor-alkali industry, specific sheet gaskets, and essential national security needs. The bill ensures that existing asbestos installations remain unaffected and clarifies that the regulation applies specifically to commercial asbestos rather than incidental impurities.
The Alan Reinstein Ban Asbestos Now Act of 2026 effectively ends the era of commercial asbestos in the United States. Starting immediately upon enactment, the bill bans the manufacture, processing, use, and distribution of commercial asbestos and any products containing it. It targets eight specific types of the mineral, including chrysotile and crocidolite, ensuring that these hazardous fibers can no longer be legally integrated into new products or sold across state lines. While it doesn't force you to rip out asbestos installed in your home years ago, it strictly limits distribution to disposal-only scenarios, effectively drying up the market for new asbestos-containing materials.
The most significant grace period in the bill is carved out for the chlor-alkali industry—the folks who produce chlorine and caustic soda used in everything from tap water treatment to plastic manufacturing. Under Section 2, these facilities can continue using asbestos diaphragms until May 25, 2032. If a company owned multiple plants as of May 2024 and successfully converted at least one to modern membrane technology by 2029, they get an extension until 2036 for their remaining sites. For workers in these plants, the bill mandates strict interim exposure controls to keep them safe while the industry spends the next decade transitioning to cleaner tech.
Not every change happens overnight. The bill allows for the continued use of commercial asbestos sheet gaskets, provided they follow existing safety restrictions already on the books. There is also a "break glass in case of emergency" clause for national security. The President can grant a three-year exemption—renewable once—if a specific military or security use has no feasible alternative. For example, if a specialized component in a naval vessel requires asbestos to prevent fires and no substitute exists, the Pentagon could apply for a temporary pass, though the bill requires these applications to be made public in the Federal Register unless doing so would directly compromise security.
It is important to note what this bill doesn't touch. It specifically excludes "impurities," meaning if a product has trace amounts of asbestos that weren't intentionally added for commercial value, it isn't hit by this ban. Additionally, the legislation clarifies that it does not prohibit the mining or processing of metal ores. So, while a factory can no longer buy asbestos to make new brake pads or insulation, a copper mine won't be shut down just because the earth they are digging contains microscopic, naturally occurring traces of the mineral. This focus ensures the law hits the intentional use of the toxin without accidentally paralyzing the broader mining industry.