EPA’s Proposed Rule Banning Chrysotile Asbestos Raises Unusual PFAS Concerns

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On April 5, EPA announced a proposed rule under the Toxic Substances Control Act to ban the manufacturing, processing, import, and distribution of chrysotile asbestos, including for use in the chlor-alkali industry (which manufactures chlorine and sodium hydroxide). At the same time, EPA acknowledged that such a ban may lead to chlor-alkali plants replacing their current chrysotile asbestos diaphragm cells with membrane cells, which reportedly contain an increased concentration of PFAS compounds in comparison to the chrysotile asbestos-containing counterparts. Thus, before moving forward with its outright ban on chrysotile asbestos use in the chlor-alkali plants still using asbestos diaphragms, EPA requested “public comment with monitoring data and other information that would allow the Agency to assess how a transition away from asbestos containing diaphragms may affect exposures to PFAS released by chlor-alkali facilities.” At least one advocacy organization seeking to ban all uses of asbestos in the United States has criticized the rule, arguing that chlor-alkali producers should not be exempted just because of the uncertainties in whether transition to membrane cells will actually increase potential PFAS contamination, and further suggesting that any such concerns are overstated due to the decreased replacement frequency of the membrane cells compared with the asbestos-containing versions.

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