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Alan Reinstein Ban Asbestos Now Act

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ARBAN Act of 2026 (S. 5235)
Bill S. 5235, 119th Congress
Introduced August 4, 2026
Sponsor Sen. Jeff Merkley (D-OR)
Cosponsor Sen. John Curtis (R-UT)
Committee Senate Environment and Public Works
Status Referred to committee
Amends TSCA section 6 (15 U.S.C. 2605)
Minerals covered 8 asbestiform varieties
Chlor-alkali deadline May 25, 2032 (May 25, 2036 if extended)

Executive Summary

The Alan Reinstein Ban Asbestos Now Act of 2026 (ARBAN, S. 5235) is a Senate bill that would amend the Toxic Substances Control Act (TSCA) to prohibit the manufacture, processing, use, and distribution in commerce of commercial asbestos and of mixtures and articles containing it.[1] Senators Jeff Merkley (D-OR) and John Curtis (R-UT) introduced it on August 4, 2026, and it was referred to the Senate Committee on Environment and Public Works the same day.[2] The two sponsors are the Ranking Member and the Chairman of that committee's Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight.[3][4]

The bill defines commercial asbestos as the asbestiform varieties of eight minerals: chrysotile, crocidolite, amosite, anthophyllite, tremolite, actinolite, richterite, and winchite.[1] That reaches further than the EPA's 2024 rule, which addresses chrysotile only.[5] The general prohibition would take effect on the date of enactment. The bill sets later dates for three uses: chlor-alkali plants that still make chlorine with asbestos diaphragms (until May 25, 2032, extendable to May 25, 2036 for qualifying operators), asbestos sheet gaskets (which would follow the compliance dates in EPA's existing rule), and presidential national-security exemptions (up to three years, renewable once).[1]

S. 5235 is the twelfth bill introduced in Congress under the Alan Reinstein Ban Asbestos Now name since 2016, and the seventh in the Senate. No earlier version became law.[6][2] Senator Curtis is the first Republican to cosponsor any of the seven Senate versions, according to the bill-status records for all seven.[6][7][8][9][10][11][2] As of the most recent update to its bill-status record (September 8, 2026), S. 5235 had no recorded action after its referral to committee.[2]

At-a-Glance

The ARBAN Act of 2026 at a glance:

  • S. 5235, introduced August 4, 2026 — Sponsored by Sen. Jeff Merkley (D-OR), with Sen. John Curtis (R-UT) as original cosponsor[2]
  • Referred to Senate Environment and Public Works — The bill's only recorded actions are its introduction and referral[2]
  • Eight asbestiform minerals — Chrysotile, crocidolite, amosite, anthophyllite, tremolite, actinolite, richterite, and winchite[1]
  • Ban effective on enactment — Manufacture, processing, use, and distribution in commerce of commercial asbestos would be prohibited from the date the bill became law[1]
  • Chlor-alkali transition to May 25, 2032 — Extended to May 25, 2036 for operators that meet the bill's facility-conversion criteria[1]
  • Sheet gaskets follow EPA's rule — Their phase-out keeps the conditions and compliance dates in 40 CFR part 751, subpart F[1]
  • Installed asbestos is excluded — Products installed in a building, structure, product, or equipment before enactment are outside the ban, as is distribution solely for lawful disposal[1]
  • No TSCA section 22 waivers — The bill bars the EPA Administrator from issuing a section 22 waiver for commercial asbestos[1]
  • Twelfth bill under the ARBAN name — Seven Senate and five House versions have been introduced since September 28, 2016[6][2]
  • Furthest progress: a 2019 House committee vote — House Energy and Commerce ordered H.R. 1603 reported, amended, by a recorded vote of 47 to 1 on November 19, 2019[12]

Key Facts

Measure Finding (Source)
Bill number and Congress S. 5235, 119th Congress, 2d Session — Congress.gov bill-status record[2]
Introduced and referred August 4, 2026, to the Senate Committee on Environment and Public Works — bill text as introduced[1]
Sponsor and cosponsor Merkley (D-OR) and Curtis (R-UT), Ranking Member and Chairman of the EPW chemical-safety subcommittee — senators' releases, August 4, 2026[3][4]
Statute amended TSCA section 6 (15 U.S.C. 2605), new subsection (j) — bill text[1]
Minerals defined as commercial asbestos 8 asbestiform varieties, if extracted and processed for commercial value — bill text[1]
Fibers named in the sponsors' releases "All six historically regulated asbestos fibers" — the bill text also lists richterite and winchite[3][1]
General effective date Date of enactment — bill text[1]
Chlor-alkali deadline May 25, 2032; May 25, 2036 for qualifying operators — bill text[1]
Chlor-alkali deadline in the 2025 version January 1, 2030 — S. 2811 as introduced, September 16, 2025[13]
National-security exemption Up to 3 years, extendable once for up to 3 more — bill text[1]
Bills introduced under the ARBAN name 12 (7 Senate, 5 House), 2016–2026 — Congress.gov bill-status records[6][2]
Scope of EPA's 2024 rule, for comparison Chrysotile only — EPA, Risk Management for Asbestos, Part 1[5]

What Would the ARBAN Act of 2026 Ban?

S. 5235 works by adding a new subsection (j), titled "Asbestos," to section 6 of the Toxic Substances Control Act, the section that authorizes the EPA to prohibit or restrict chemical substances. The existing subsection (j) would be renumbered as subsection (k).[1] Its core prohibition is a single sentence: effective on the date of enactment, "no person may manufacture, process, use, or distribute in commerce commercial asbestos or any mixture or article containing commercial asbestos."[1]

The bill defines commercial asbestos as the asbestiform varieties of eight minerals, "if extracted and processed for their commercial value":[1]

  1. Chrysotile (serpentine)
  2. Crocidolite (riebeckite)
  3. Amosite (cummingtonite-grunerite)
  4. Anthophyllite
  5. Tremolite
  6. Actinolite
  7. Richterite
  8. Winchite

The sponsors' press releases describe the bill as covering "all six historically regulated asbestos fibers."[3][4] The bill text names those six and two more, richterite and winchite. The EPA's Integrated Risk Information System identifies tremolite, winchite, and richterite as the predominant mineral forms that make up Libby amphibole asbestos, the material that contaminated vermiculite mined near Libby, Montana.[14] The bill itself does not mention Libby.

The definition limits the ban to asbestos taken from the ground and processed for its commercial value. It does not reach every material in which an asbestos mineral can occur. A separate provision says the subsection applies only to chemical substances regulated under TSCA, and has no effect on any other federal definition of asbestos or any other requirement regulating it, naming the regulation of cosmetics under the Federal Food, Drug, and Cosmetic Act as one example.[1]

What Does the Bill Leave Outside the Ban?

Several activities fall outside the prohibition entirely, with no deadline attached, and one provision limits how further exceptions could be created.[1]

Asbestos already in place. The bill's definition of "distribution in commerce" excludes the end use of an asbestos-containing mixture or article that was installed in a building or other structure, product, or equipment before the date of enactment.[1] Asbestos-containing materials already installed in an existing building would not become illegal to leave in place. The bill does not address removal or abatement, and it states that it has no effect on any other requirement regulating asbestos.[1]

Disposal. Distribution of an asbestos-containing mixture or article "solely for the purpose of disposal" in compliance with federal, state, and local requirements is also outside the definition, so lawful disposal is not treated as banned distribution.[1]

Impurities. A mixture or article in which commercial asbestos is present "solely as an impurity," as that term is defined in EPA's TSCA regulations at 40 CFR 720.3, is excluded. A second clause repeats that nothing in the subsection applies to a substance, mixture, or article containing commercial asbestos only as an impurity.[1]

Metal ore mining. The bill's final paragraph states that nothing in the subsection prohibits "the extraction, beneficiation, or mineral processing of ores in the metal ore mining industry."[1] This paragraph does not appear in the 2025 Senate version.[13]

No administrative waivers. The bill closes one route to further exceptions. TSCA section 22 lets the EPA Administrator waive requirements in certain cases, and S. 5235 provides that the Administrator "may not issue a waiver under that section with respect to commercial asbestos."[1]

How Would the Chlor-Alkali, Gasket, and National-Security Transitions Work?

Chlor-alkali plants

Chlor-alkali plants make chlorine using diaphragms, and some still use diaphragms made with chrysotile. EPA reports that raw chrysotile was imported into the United States for chlor-alkali use as recently as 2022, and that the eight remaining facilities using asbestos must transition to non-asbestos diaphragms or membrane technology under its 2024 rule.[5] S. 5235 would let the owner or operator of a chlor-alkali facility in operation on the date of enactment continue to use, hold, or process commercial asbestos fibers solely to make diaphragms for the chlor-alkali process, and to use those diaphragms, until May 25, 2032.[1]

That date extends to May 25, 2036 for a person who meets two conditions. First, on May 28, 2024, the person owned or operated more than one facility using chrysotile in chlor-alkali production. Second, between May 28, 2024, and May 28, 2029, the person stopped all processing, distribution, and commercial use of chrysotile at one or more facilities that converted to non-asbestos membrane technology.[1]

The bill would also replace two sections of EPA's 2024 rule for these facilities. Covered operators would comply with the bill's chlor-alkali provisions "in lieu of" 40 CFR 751.505 and 751.507.[1] For the whole transition period they would remain bound by the interim exposure-control requirements in effect on the date of enactment, other than those two sections. Those requirements would continue to apply as requirements of the statute even if the underlying regulations later changed.[1]

The 2025 Senate version, S. 2811, handled chlor-alkali differently. It allowed the same uses only until January 1, 2030, with no extension and no provisions on interim exposure controls.[13]

Sheet gaskets

For asbestos sheet gaskets, the bill does not set its own dates. Their processing, use, and distribution in commerce would remain subject to the conditions, restrictions, and compliance dates the EPA set in subpart F of 40 CFR part 751, as in effect on the date of enactment.[1] Under that 2024 rule, EPA banned most asbestos-containing sheet gaskets two years after the rule's effective date. It allowed five-year phase-outs for gaskets used in titanium dioxide production and nuclear-material processing, and use through 2037 at the Department of Energy's Savannah River Site.[5]

National-security exemptions

The President could grant a person a one-time exemption from the ban if the President determines that the activity is necessary to protect U.S. national security interests and that no feasible alternative exists.[1] An exemption may last up to three years and may be extended once for up to three more years. It must carry terms and conditions to reduce exposure "to the maximum extent practicable."[1] Applications and grants must be published in the Federal Register within 30 days, unless the President determines that publication would harm national security. In that case the information goes instead to the Senate Committee on Environment and Public Works and the House Committee on Energy and Commerce.[1]

How Does the ARBAN Act Compare to the EPA's 2024 Chrysotile Rule?

The EPA announced its ban on ongoing uses of chrysotile asbestos in March 2024, under the authority Congress gave it in TSCA.[5] The agency's rule covers chrysotile, which EPA describes as the only known form of asbestos imported, processed, or distributed for use in the United States. It sets use-by-use compliance deadlines. For chlor-alkali companies converting several facilities to non-asbestos membrane technology, the rule allows five years for the first facility, eight for the second, and twelve for the third.[5] The EPA Chrysotile Asbestos Ban 2024 page covers the rule in detail.

S. 5235 differs from the rule in two ways.

Scope. The rule addresses chrysotile. The bill's definition names eight asbestiform minerals, among them richterite and winchite, two of the three predominant minerals in Libby amphibole asbestos.[1][5][14]

Legal form. A rule is issued by an agency and can be amended by that agency or set aside by a court. A statute can be changed only by Congress. The history of U.S. asbestos regulation shows why the difference matters. Most of EPA's 1989 ban on asbestos-containing products was overturned in 1991 by the Fifth Circuit Court of Appeals, leaving in place only the bans on new uses of asbestos and on five specific product types.[15] That reversal is covered on the EPA Asbestos Ban 1989 Court Reversal page. The bill's chlor-alkali provisions reflect the same distinction: they would write interim exposure controls into the statute itself, so that they continue to apply regardless of later changes to the regulations.[1]

The bill also builds on the 2024 rule rather than replacing all of it. It keeps EPA's sheet-gasket schedule and keeps the rule's chlor-alkali exposure controls, except for the two sections it replaces.[1]

What Is the Legislative History of the ARBAN Act?

Bills under the Alan Reinstein Ban Asbestos Now name have been introduced in every Congress since the 114th. The first, S. 3427, was introduced by Senator Barbara Boxer (D-CA) on September 28, 2016. Senator Merkley has sponsored every Senate version since, and Representative Suzanne Bonamici (D-OR) has sponsored every House version.[6][7][16]

Congress Bill Introduced Sponsor Cosponsors Furthest recorded action
114th S. 3427 Sep 28, 2016 Sen. Boxer (D-CA) 1 Referred to committee[6]
115th S. 2072 Nov 2, 2017 Sen. Merkley (D-OR) 11 Referred to committee[7]
115th H.R. 5114 Feb 27, 2018 Rep. Bonamici (D-OR) 15 Referred to committee[16]
116th S. 717 Mar 7, 2019 Sen. Merkley (D-OR) 14 Referred to committee[8]
116th H.R. 1603 Mar 7, 2019 Rep. Bonamici (D-OR) 49 Ordered reported (amended) by House Energy and Commerce, 47–1, Nov 19, 2019[12]
117th S. 4244 May 18, 2022 Sen. Merkley (D-OR) 0 Senate EPW subcommittee hearing, Jun 9, 2022 (S. Hrg. 117-472)[9]
117th H.R. 7810 May 18, 2022 Rep. Bonamici (D-OR) 5 Referred to committee[17]
118th S. 1069 Mar 30, 2023 Sen. Merkley (D-OR) 3 Referred to committee[10]
118th H.R. 2402 Mar 30, 2023 Rep. Bonamici (D-OR) 37 Referred to subcommittee[18]
119th S. 2811 Sep 16, 2025 Sen. Merkley (D-OR) 3 Referred to committee[11]
119th H.R. 5373 Sep 16, 2025 Rep. Bonamici (D-OR) 1 Referred to committee[19]
119th S. 5235 Aug 4, 2026 Sen. Merkley (D-OR) 1 Referred to committee[2]

Cosponsor counts are as recorded in each bill's Congress.gov status record. No cosponsor withdrawals are recorded on any of the twelve bills.

The furthest any version has advanced is a committee vote. In 2019, H.R. 1603 received two House subcommittee hearings and a subcommittee markup, and on November 19, 2019, the full Energy and Commerce Committee ordered it reported, amended, by a vote of 47 to 1.[12] In the Senate, S. 4244 received a hearing before the Environment and Public Works subcommittee on chemical safety on June 9, 2022.[9] No version has received a floor vote in either chamber.[12][9]

Republican cosponsorship

Before 2026, every Senate cosponsor of an ARBAN bill was a Democrat or an independent. None of the six Senate versions from 2016 through 2025 had a Republican cosponsor.[6][7][8][9][10][11] In the House, Representative Don Bacon (R-NE) cosponsored H.R. 2402 in 2023 and was the sole cosponsor of H.R. 5373 in 2025.[18][19] Senator Curtis, an original cosponsor of S. 5235, is the first Republican cosponsor of a Senate version.[2]

Two Senate versions in one Congress

S. 5235 is the second ARBAN bill introduced in the Senate during the 119th Congress. S. 2811, introduced on September 16, 2025, with an identical House companion, H.R. 5373, remains referred to committee with no further recorded action.[11][19] The bill-status record for S. 5235 lists no related House bill.[2] Compared with S. 2811, the 2026 bill moves the chlor-alkali deadline from January 1, 2030, to May 25, 2032, and adds the 2036 extension. It also adds the sheet-gasket provision, the substitution for two sections of EPA's rule, the statutory interim exposure controls, and the metal ore mining paragraph.[13][1] The Curtis release calls the bill's approach "a responsible, time-limited transition for the limited uses that remain."[4]

Who Sponsors and Supports the 2026 Bill?

Senator Jeff Merkley of Oregon is the bill's sponsor and Senator John Curtis of Utah its original cosponsor.[2] According to both senators' offices, they are respectively the Ranking Member and the Chairman of the Senate Environment and Public Works Subcommittee on Chemical Safety, Waste Management, Environmental Justice, and Regulatory Oversight.[3][4]

In announcing the bill, Merkley said, "American families and workers deserve to have a future free of exposure to asbestos—a known killer."[3] Curtis said, "For decades, we have known the dangers of commercial asbestos, yet it has continued to be used. This bipartisan legislation finally brings certainty by ending the manufacture and use of commercial asbestos while providing a responsible, time-limited transition for the limited uses that remain."[4]

The sponsors' releases list seven supporting organizations. They include the American Public Health Association, the Center for Environmental Health, the Collegium Ramazzini, the Environmental Information Association, the Environmental Working Group, and the Federal Fire Fighters Joint Council of the International Association of Fire Fighters.[3][4]

What Is the Current Status of the ARBAN Act?

S. 5235 has been introduced and referred to the Senate Committee on Environment and Public Works. As of its most recent bill-status update on September 8, 2026, no further action was recorded: no hearing, no markup, and no additional cosponsors beyond Senator Curtis.[2] To become law, the bill would need to be reported by committee, passed by the Senate, passed by the House in identical form, and signed by the President. None of those steps has occurred.[2]

Until a statute is enacted, federal restrictions on asbestos continue to come from EPA's regulations under TSCA, including the 2024 chrysotile rule and the surviving parts of the 1989 rule.[5][15] The broader history is covered on U.S. Asbestos Ban History and Regulations, and the comparison with other countries on International Asbestos Bans.

Frequently Asked Questions

What is the ARBAN Act?

The Alan Reinstein Ban Asbestos Now Act is a bill that would amend the Toxic Substances Control Act to prohibit the manufacture, processing, use, and distribution in commerce of commercial asbestos. The current Senate version is S. 5235, introduced August 4, 2026, by Senators Jeff Merkley (D-OR) and John Curtis (R-UT).[1][2]

Has the ARBAN Act become law?

No. S. 5235 was referred to the Senate Committee on Environment and Public Works on August 4, 2026, and its bill-status record shows no further action as of September 8, 2026. None of the eleven earlier ARBAN bills, introduced between 2016 and 2025, became law.[2][6]

Which types of asbestos would the bill ban?

The bill defines commercial asbestos as the asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, actinolite, richterite, and winchite, when extracted and processed for their commercial value.[1]

Would the ARBAN Act require removing asbestos from homes and buildings?

No. The bill excludes the end use of asbestos-containing materials installed in a building, structure, product, or equipment before the date of enactment. It does not address removal or abatement, and it states that it has no effect on other requirements regulating asbestos.[1]

How is the ARBAN Act different from the EPA's 2024 asbestos ban?

The EPA's 2024 rule addresses chrysotile only and is a regulation issued under TSCA. S. 5235 would cover eight asbestiform minerals and would write the prohibition into the statute itself.[5][1]

When would chlor-alkali plants have to stop using asbestos?

Under S. 5235, existing chlor-alkali facilities could continue using asbestos diaphragms until May 25, 2032. Operators meeting the bill's conversion criteria would have until May 25, 2036. The 2025 Senate version, S. 2811, set the deadline at January 1, 2030.[1][13]

Who was the first Republican senator to cosponsor ARBAN?

Senator John Curtis (R-UT), an original cosponsor of S. 5235 in 2026. None of the six earlier Senate versions, from 2016 through 2025, had a Republican cosponsor.[2][11][6]

Quick Statistics

  • August 4, 2026 — S. 5235 introduced and referred to Senate EPW[2]
  • 8 — asbestiform minerals in the bill's definition of commercial asbestos[1]
  • May 25, 2032 — chlor-alkali deadline (May 25, 2036 if extended)[1]
  • January 1, 2030 — chlor-alkali deadline in the 2025 Senate version[13]
  • 3 years — maximum national-security exemption, renewable once[1]
  • 12 — bills introduced under the ARBAN name since 2016[6][2]
  • 47–1 — House Energy and Commerce vote ordering H.R. 1603 reported in 2019[12]
  • 49 — cosponsors on H.R. 1603, the most of any ARBAN bill[12]
  • 1 — Republican Senate cosponsor across all seven Senate versions[2][11][6]

References

  1. ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1.40 1.41 1.42 1.43 1.44 1.45 1.46 S. 5235 (IS), Alan Reinstein Ban Asbestos Now Act of 2026, 119th Congress, U.S. Government Publishing Office
  2. ↑ 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 Bill Status: S. 5235, 119th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
  3. ↑ 3.0 3.1 3.2 3.3 3.4 3.5 3.6 Merkley, Curtis Announce Bipartisan Alan Reinstein Ban Asbestos Now Act of 2026, Office of Senator Jeff Merkley, August 4, 2026
  4. ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 Curtis, Merkley Introduce Legislation to Ban Asbestos, Office of Senator John Curtis, August 4, 2026
  5. ↑ 5.0 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 Risk Management for Asbestos, Part 1: Chrysotile Asbestos, U.S. Environmental Protection Agency
  6. ↑ 6.00 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 Bill Status: S. 3427, 114th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
  7. ↑ 7.0 7.1 7.2 7.3 Bill Status: S. 2072, 115th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
  8. ↑ 8.0 8.1 8.2 Bill Status: S. 717, 116th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
  9. ↑ 9.0 9.1 9.2 9.3 9.4 Bill Status: S. 4244, 117th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
  10. ↑ 10.0 10.1 10.2 Bill Status: S. 1069, 118th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
  11. ↑ 11.0 11.1 11.2 11.3 11.4 11.5 Bill Status: S. 2811, 119th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
  12. ↑ 12.0 12.1 12.2 12.3 12.4 12.5 Bill Status: H.R. 1603, 116th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
  13. ↑ 13.0 13.1 13.2 13.3 13.4 13.5 S. 2811 (IS), Alan Reinstein Ban Asbestos Now Act of 2025, 119th Congress, U.S. Government Publishing Office
  14. ↑ 14.0 14.1 Libby Amphibole Asbestos: IRIS Chemical Assessment Summary, U.S. Environmental Protection Agency, Integrated Risk Information System
  15. ↑ 15.0 15.1 EPA Actions to Protect the Public from Exposure to Asbestos, U.S. Environmental Protection Agency
  16. ↑ 16.0 16.1 Bill Status: H.R. 5114, 115th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
  17. ↑ Bill Status: H.R. 7810, 117th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
  18. ↑ 18.0 18.1 Bill Status: H.R. 2402, 118th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
  19. ↑ 19.0 19.1 19.2 Bill Status: H.R. 5373, 119th Congress, Congress.gov bill-status data via U.S. Government Publishing Office
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