When Was Asbestos Banned in the United States?
The U.S. Environmental Protection Agency has announced a historic final rule banning ongoing uses of chrysotile asbestos, the only type of the toxic substance currently imported and used in the United States. Although the dangers of asbestos have been well-documented since the 1930s, the asbestos industry has successfully fought against a total ban. This final rule is an important step to end mesothelioma, but it falls short of eliminating all asbestos exposure or helping workers who were exposed during the last several decades.
Is Asbestos Banned In The United States?
The EPA’s final rule that will require U.S. companies to start phasing out all uses of chrysotile asbestos is the most comprehensive ban the EPA has been able to implement since it started restricting asbestos in the 1970s. However, it is not a total ban. The 2024 final rule only bans chrysotile asbestos, largely because other types of asbestos had already been prohibited or phased out of use. Five other types of asbestos are even more dangerous than chrysotile, all of which have been used in asbestos products in the past.
When Did The U.S. Ban Asbestos?
The EPA announced the final rule banning ongoing uses of chrysotile asbestos on March 18, 2024. The effective date is May 28, 2024. However, the ban will not take full effect on this date. The EPA is allowing companies that use asbestos to phase it out slowly while transitioning to alternative materials. The EPA has provided the following phase-out schedule:
Asbestos Product | Deadline to Phase Out Asbestos |
Asbestos diaphragms in the Chlor-Alkali industry | 5 to 12 years after the effective date, depending on the type of technology the company transitions to |
Most sheet gaskets | 2 years |
Sheet gaskets used in the production of nuclear material | 5 years |
Sheet gaskets used at the Department of Energy’s Savannah River Site | By the year 2037 |
Oilfield brake locks | 6 months |
Past Attempts to Ban Asbestos in the United States
The Clean Air Act of 1970 marked the beginning of government regulation of air pollution and set the stage for asbestos regulation. While the asbestos industry has been largely successful in avoiding a ban prior to 2024, the EPA and other federal agencies have been able to restrict multiple individual uses of asbestos over time.
2019: Final Rule on Discontinued Asbestos Products
The EPA issued a final rule under the Toxic Substances Control Act that became effective June 24, 2019. It prohibits discontinued asbestos products from re-entering the marketplace. This rule impacts 19 categories of products, some of which could otherwise have re-entered the marketplace anytime because they were not officially banned.
2008: FDA Ban on Asbestos in Pharmaceutical Manufacturing
The Food and Drug Administration began prohibiting companies from using filters that contain asbestos while manufacturing, processing, and packing pharmaceutical products.
1991: Overturn of the 1989 Asbestos Ban and Phaseout Rule
The U.S. Fifth Circuit Court of Appeals overturned the EPA’s 1989 asbestos ban on manufacturing, importing, processing, and distributing asbestos products. However, the court allowed the ban on new asbestos products and asbestos products in the following categories to stand:
- Corrugated paper
- Roll board
- Commercial paper
- Specialty paper
- Flooring felt
1990: Ban on Spray-on Applications Containing Asbestos
The EPA banned sprays that contained more than one percent asbestos in buildings, structures, pipes, and conduits except under limited circumstances.
1989: Asbestos Ban and Phaseout Rule
The EPA issued a final rule on July 12, 1989, that prohibited new uses of asbestos in products. The rule also prohibited companies from manufacturing, importing, processing, or distributing asbestos-containing products in most product categories. The rule would have been effective August 25, 1989, but the asbestos lobby successfully fought the ban in court.
1988: Asbestos Information Act
The Asbestos Information Act of 1988 requires manufacturers and processors to disclose information about their asbestos-containing products to the EPA and the Federal Register.
1986: Asbestos Hazard Emergency Response Act
The Asbestos Hazard Emergency Response Act, or AHERA, directed the EPA to require schools to perform asbestos inspections and develop a plan to abate asbestos.
1978: Ban on Sprayed Asbestos Products
The EPA banned all spray-on asbestos products that were not previously banned.
1977: Asbestos Ban Under the Consumer Product Safety Act
The Consumer Product Safety Commission banned asbestos in artificial fireplace ash and consumer patching compounds.
1976: Toxic Substances Control Act
The Toxic Substances Control Act, or TSCA, was passed to give the EPA authority to regulate the manufacture, import, use, and disposal of certain hazardous chemicals, including asbestos. Many of the EPA’s final rules since were issued under the TSCA.
1975: Ban on Some Forms of Asbestos Insulation
The EPA banned the installation of pre-formed or wet-applied asbestos pipe insulation and block insulation used in boilers, hot water tanks, and similar applications.
1973: Asbestos Fireproofing Spray Ban
The EPA banned asbestos-containing sprays used for fireproofing purposes.
1973: Asbestos NESHAP
The National Emission Standards for Hazardous Air Pollutants, or NESHAP, began regulating the release of hazardous air pollutants, also known as “air toxics,” under the Clean Air Act. These regulations control work practices during the renovation and demolition of commercial and industrial buildings that contain asbestos.
Is Asbestos Still a Danger in the United States?
The ban on chrysotile asbestos is a giant step toward eliminating asbestos in America, but thousands of asbestos products continue to endanger workers in multiple industries. Asbestos was heavily used in building insulation, industrial machinery, flooring and roofing products, plumbing, electrical wiring, automotive products, and thousands of other products. Older commercial buildings, industrial machinery, ships, and residences often still contain asbestos, so workers may still be exposed to it when it is disturbed.
Asbestos exposure can lead to deadly illnesses that present decades after exposure. Workers with prior asbestos exposure may develop mesothelioma, asbestos, lung cancer, and other deadly illnesses even if they are not exposed to asbestos today.
If you or your loved one has been diagnosed with an asbestos-related illness, you may be eligible for substantial compensation. Contact us online today or call (206) 957-9510 to schedule a free consultation.
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