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119-s-2811119th CongressWALLET

Alan Reinstein Ban Asbestos Now Act of 2025

Sponsored By: Senator Merkley, Jeff [D-OR]

Introduced

Summary

A nationwide ban on commercial asbestos. This bill would prohibit the manufacture, processing, use, and sale of commercial asbestos and products that contain it while carving out tightly limited exceptions.

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  • Families and the public would see fewer new asbestos-containing products in commerce, though materials installed in buildings before enactment and items distributed only for disposal are excluded from the ban.
  • Workers and firms in the chlor-alkali industry would be allowed to use, hold, and process asbestos fibers only to make diaphragms for chlor-alkali production until January 1, 2030.
  • National security uses would be eligible for a narrowly supervised one-time presidential exemption for up to 3 years, with a possible single 3-year extension. Exemptions must include terms to reduce exposure and are disclosed to Congress or published unless that would harm security. The bill applies to chemical-substance regulation under TSCA and does not change other federal asbestos rules, including those for cosmetics.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 0 costs, 2 mixed.

Nationwide ban on commercial asbestos

If enacted, this bill would ban making, processing, using, or selling commercial asbestos and products that contain it. The ban would start on the law's enactment date and apply under TSCA to chemical substances. The ban would still allow a few narrow exceptions elsewhere in the bill. If enacted, EPA could not use a specific TSCA waiver power for commercial asbestos.

What counts as commercial asbestos

If enacted, this bill would define "commercial asbestos" as eight named asbestiform minerals used for commercial value. The bill would say a product does not count if asbestos is present only as an impurity, citing existing impurity rules. It would also say using asbestos already installed before enactment is not a new distribution. Moving asbestos only to dispose of it would still be allowed if done under applicable law.

Limited chlor-alkali plant exception

If enacted, this bill would let chlor-alkali plants that are operating on the enactment date keep using asbestos fibers to make diaphragms and keep using asbestos diaphragms in production until January 1, 2030. The exception would be limited to making and using diaphragms for the chlor-alkali process.

Temporary national security exemptions

If enacted, this bill would let the President grant one temporary exemption for commercial asbestos uses needed for U.S. national security. Each exemption could last up to three years and be extended once for up to three more years. Exemptions would have required terms to reduce asbestos exposure. The President would publish the application and the exemption within 30 days unless doing so would harm national security, in which case Congress would be notified instead.

Sponsors & CoSponsors

Sponsor

Merkley, Jeff [D-OR]

OR • D

Cosponsors

  • Sen. Blumenthal, Richard [D-CT]

    CT • D

    Sponsored 9/16/2025

  • Sen. Padilla, Alex [D-CA]

    CA • D

    Sponsored 9/16/2025

  • Sen. Schiff, Adam B. [D-CA]

    CA • D

    Sponsored 9/16/2025

Roll Call Votes

No roll call votes available for this bill.

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