S. 2811 — Alan Reinstein Ban Asbestos Now Act of 2025

This section prohibits, effective on the date of enactment of the Alan Reinstein Ban Asbestos Now Act of 2025, the manufacture, processing, use, or distribution in commerce of commercial asbestos (defined as asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, actinolite, richterite, or winchite extracted and processed for commercial value) or any mixture or article containing it (excluding those where present solely as an impurity). (As background, TSCA Section 6 authorizes EPA to regulate chemical substances or mixtures presenting unreasonable risk of injury to health or the environment by, among other requirements, prohibiting or restricting their manufacture, processing, or distribution in commerce; this provision mandates such a prohibition specifically for commercial asbestos without a risk determination.) The prohibition (1) applies only to chemical substances regulated under TSCA and does not affect other federal asbestos requirements (e.g., under the Federal Food, Drug, and Cosmetic Act for cosmetics); (2) exempts chlor-alkali facilities operating on the date of enactment, which may use, hold, process, or manufacture asbestos diaphragms through January 1, 2030; and (3) allows the President to grant a one-time exemption (extendable once, each for up to three years) for national security purposes if no feasible alternative exists, subject to terms minimizing exposure, Federal Register publication (or congressional notification if classified), and preclusion of EPA waivers under TSCA Section 22. "Distribute in commerce" excludes pre-enactment installed end-uses and disposal-compliant distribution.