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Is Asbestos Banned in the U.S.?

April 1, 2023

Asbestos is not completely banned in the United States, but its use is heavily regulated.

In 1989, the U.S. Environmental Protection Agency (EPA) issued a rule under the Toxic Substances Control Act (TSCA) banning most uses of asbestos, but this ban was overturned by a court in 1991. Since then, the use of asbestos has been limited by a series of EPA regulations and other federal and state laws.

Currently, the EPA prohibits the use of new asbestos products, but some older products that contain asbestos are still allowed to be used and sold. These include certain types of cement, brake pads, and roofing materials manufactured before the EPA’s ban.

However, the use of asbestos is strictly regulated by the Occupational Safety and Health Administration (OSHA) and the EPA to protect workers and the public from exposure to this harmful substance. Asbestos exposure can cause serious health problems, including lung cancer, mesothelioma, and asbestosis.

What is Asbestos?

Asbestos is a naturally occurring mineral that was commonly used in various industries for its heat-resistant and insulation properties. Asbestos can be found in six different types of minerals that form long, thin, and fibrous crystals. The most commonly used types of asbestos are chrysotile, amosite, and crocidolite.

Asbestos was widely used in construction materials such as insulation, roofing, flooring, and cement, as well as in automobile brakes and clutches, textiles, and other products. However, asbestos exposure can cause serious health problems, including lung cancer, mesothelioma (a rare cancer that affects the lining of the lungs, chest, and abdomen), and asbestosis (a lung disease caused by inhaling asbestos fibers).

Because of its health risks, asbestos has been heavily regulated and banned in many countries. Although its use has been limited in the United States, asbestos-containing materials are still present in many older buildings and can pose a health risk if they are disturbed or damaged. Proper handling and removal of asbestos-containing materials are essential to protect workers and the public from exposure.

What Are the Risks of Asbestos Exposure?

Exposure to asbestos fibers can have serious health consequences, including:

  • Mesothelioma: This is a rare and deadly cancer that affects the lining of the lungs, abdomen, or heart. Mesothelioma is almost exclusively caused by asbestos exposure.
  • Lung cancer: Asbestos exposure is also a known cause of lung cancer, especially in smokers.
  • Asbestosis: This is a chronic lung disease caused by inhaling asbestos fibers, which can lead to scarring of lung tissue and difficulty breathing.
  • Other cancers: Asbestos exposure has also been linked to other types of cancer, including cancers of the larynx, esophagus, stomach, colon, and rectum.

It’s important to note that the health effects of asbestos exposure may not appear for several decades after the exposure. Therefore, individuals exposed to asbestos many years ago may only start to experience symptoms or develop asbestos-related diseases later in life.

The risk of developing an asbestos-related disease depends on the amount and duration of exposure to asbestos fibers and individual factors such as age, smoking history, and underlying health conditions. It’s important to take steps to minimize asbestos exposure to protect your health. If you think you may have been exposed to asbestos, it’s important to talk to your healthcare provider about your risk and any necessary screenings or medical tests.

Where is Asbestos Banned?

Asbestos has been banned in many countries worldwide due to its health risks. Some of the countries where asbestos is banned or heavily restricted include:

  • European Union (EU) countries: Asbestos has been banned in all EU member states since 2005.
  • Australia: Asbestos was banned in Australia in 2003.
  • Canada: Asbestos was banned in Canada in 2018, with some limited exceptions for certain products.
  • Japan: Asbestos has been banned in Japan since 2006.
  • New Zealand: Asbestos was banned in New Zealand in 2016.
  • South Africa: Asbestos has been banned in South Africa since 2008.
  • United Kingdom: Asbestos was banned in the UK in 1999.

It’s important to note that even in countries where asbestos is banned, there may still be products or materials that contain asbestos in older buildings or infrastructure. Asbestos is a durable material that can remain in the environment for a long time, so proper precautions and safety measures should be taken when dealing with potential asbestos-containing materials.

Asbestos Legislation in the United States

Asbestos legislation in the United States is complex and multifaceted, with federal, state, and local laws and regulations governing the use, handling, and disposal of asbestos-containing materials. Here are some of the key pieces of asbestos legislation in the United States:

  • Toxic Substances Control Act (TSCA): The TSCA is a federal law that regulates the manufacture, distribution, import, and processing of toxic substances, including asbestos. In 1989, the EPA issued a rule under the TSCA banning most uses of asbestos, but the Fifth Circuit Court of Appeals. overturned this ban in 1991.
  • Clean Air Act (CAA): The CAA is a federal law that regulates air pollution, including emissions of asbestos fibers. The CAA requires facilities that handle asbestos to meet certain emissions standards and to obtain permits from the EPA.
  • Asbestos Hazard Emergency Response Act (AHERA): AHERA is a federal law that requires schools to inspect their buildings for asbestos-containing materials and to develop plans to manage and abate these materials.
  • National Emissions Standards for Hazardous Air Pollutants (NESHAP): NESHAP is a set of federal regulations establishing emissions standards for various hazardous air pollutants, including asbestos. NESHAP requires facilities to follow specific procedures for handling and disposing of asbestos-containing materials.
  • Occupational Safety and Health Administration (OSHA): OSHA is a federal agency that regulates workplace safety, including asbestos exposure. OSHA sets specific requirements for the handling, removal, and disposal of asbestos in the workplace.

Many states and local jurisdictions have their own regulations governing the use, handling, and disposal of asbestos-containing materials. These regulations may be stricter than federal regulations and may impose additional testing, reporting, and monitoring requirements.

A Timeline of the U.S. Ban on Asbestos

Asbestos has been a controversial and heavily regulated substance in the United States for decades, with various laws and regulations enacted over time to minimize exposure to this harmful substance.

Here is a timeline of the key events in the history of asbestos bans in the United States.

    • 1970: The Occupational Safety and Health Act is passed, giving the Occupational Safety and Health Administration (OSHA) authority to regulate workplace safety, including asbestos exposure.
    • 1973: The Environmental Protection Agency (EPA) bans the use of spray-applied surfacing asbestos-containing materials for fireproofing and insulation.
    • 1989: The EPA issues a final rule banning most asbestos-containing products. However, this ban was overturned by a court in 1991.
    • 1990: The Asbestos Hazard Emergency Response Act (AHERA) is passed, requiring schools to inspect for asbestos-containing materials and to develop plans to manage and abate these materials.
    • 1992: The EPA issues a partial ban on asbestos-containing products, including flooring felt, roll board, and corrugated paper.
    • 2016: The Frank R. Lautenberg Chemical Safety for the 21st Century Act is passed, amending the Toxic Substances Control Act (TSCA) and giving the EPA increased authority to regulate toxic substances, including asbestos.
    • 2019: The EPA issues a final rule regarding asbestos, stating that manufacturers must receive EPA approval before importing or producing asbestos-containing products.
  • 2022: The EPA proposes a rule prohibiting the manufacture (including import), processing, distribution in commerce, and commercial use of chrysotile asbestos for all ongoing uses.
  • 2023: The EPA releases more data to support the 2022 rule.

The Impact of Asbestos Bans on Homeowners & Businesses

The impact of asbestos bans on homeowners and businesses can vary depending on several factors, including the extent of asbestos use in the building, the type and condition of the asbestos-containing materials, and the costs associated with removing or managing these materials.

For homeowners, the impact of an asbestos ban can be significant if their home was built before the 1980s, as many older homes may contain asbestos-containing materials. In some cases, homeowners may need to have their homes inspected for asbestos, which can be costly and time-consuming. If asbestos is found, homeowners may need to have it removed or managed by a certified professional, which can also be expensive. However, the health risks associated with asbestos exposure mean that proper management of asbestos-containing materials is essential for protecting the health and safety of homeowners and their families.

The impact of an asbestos ban can also be significant for businesses, particularly if the business operates in a building constructed before the 1980s. Businesses may need to have their buildings inspected for asbestos, which can be costly and require temporary shutting down operations. If asbestos is found, businesses may need to have it removed or managed by a certified professional, which can also be expensive and disruptive. However, proper management of asbestos-containing materials is essential for protecting the health and safety of employees and customers.

Overall, the impact of asbestos bans on homeowners and businesses is primarily focused on minimizing exposure to asbestos and protecting public health. While these bans can be costly and disruptive, the long-term benefits of reducing exposure to this harmful substance are significant and far-reaching. Homeowners and businesses need to comply with all applicable laws and regulations related to asbestos to ensure the safety of their families, employees, and customers.

FAQ

Read on for the answers to some commonly asked questions about asbestos bans.

Is asbestos still legal in the US?

Asbestos is not completely banned in the United States, but its use is heavily regulated. The use of asbestos is prohibited in new products, but some older products that contain asbestos are still allowed to be used and sold. However, the use of asbestos is strictly regulated by the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) to protect workers and the public from exposure to this harmful substance.

Which country banned asbestos first?

Iceland was the first country to ban asbestos, which banned most forms in 1983. Since then, many other countries have also banned or heavily restricted the use of asbestos, including many countries in the European Union, Australia, Canada, and Japan.

Why is asbestos banned?

Asbestos is banned or restricted in many countries worldwide due to its health risks. Exposure to asbestos fibers can cause serious health problems, including lung cancer, mesothelioma, and asbestosis. Because of these health risks, the use of asbestos has been heavily regulated and limited in many countries, including the United States.

Which industries are most affected by bans on asbestos?

The construction, automotive manufacturing, and shipbuilding industries are among those most impacted by the asbestos ban, as they heavily relied on asbestos-containing materials for insulation and fireproofing. Industries such as mining and textiles have also experienced a downturn due to the ban, as they depend on asbestos for specific products or procedures.

Why was asbestos used in everything?

Asbestos was used in many products and materials due to its desirable properties, including its heat resistance, durability, and ability to insulate against electricity and sound. Asbestos was used extensively in the construction industry for insulation, roofing, flooring, and other applications, as well as in automotive parts, electrical equipment, and textiles. However, the health risks associated with asbestos exposure were not widely understood or acknowledged until many years after its widespread use began.

The Future of Asbestos Use

The future of asbestos use is uncertain, but the use of asbestos will likely continue to be limited and regulated in many countries around the world due to its health risks. Many countries have already banned or heavily restricted the use of asbestos, and others are likely to follow suit.

In the United States, the use of asbestos is heavily regulated and limited, but some older products that contain asbestos are still allowed to be used and sold. The EPA continues to monitor and regulate the use of asbestos, and there have been calls to further restrict or ban its use altogether.

There are also ongoing efforts to develop safer alternatives to asbestos in various industries. For example, researchers are developing new materials for insulation, roofing, and other applications that can provide similar heat resistance and durability levels without the health risks associated with asbestos.

Overall, the future of asbestos use is likely to be shaped by ongoing research into the health effects of asbestos exposure, as well as efforts to develop safer alternatives and stronger regulations to protect public health.