Asbestos Legislation and Bans in the US

How Does Asbestos Legislation Control Its Use?

Both federal and state laws regulate the use of asbestos in the U.S. Federal and state laws work together to regulate asbestos. They cover its use and abatement. Federal laws apply nationwide and mostly affect how asbestos is used in products.

Most industrialized countries have banned asbestos. America has partial bans in place. But it hasn’t fully banned the toxic mineral yet. There is no comprehensive federal law on asbestos at this time.

The Occupational Safety and Health Administration defines asbestos-containing materials as any material that contains more than 1% asbestos. Manufacturers can label any product asbestos-free if it contains less than 1% asbestos.

Was an Asbestos Ban Signed Into Law?

In March 2024, the Biden administration banned chrysotile asbestos. This ban doesn’t apply to all types of asbestos. The final rule has different timelines for phasing out uses of this specific type of asbestos over time.

For example, most asbestos sheet gaskets will be phased out in 2-5 years. The ban on aftermarket automotive brakes and linings, asbestos oilfield brake blocks and other vehicle friction products went into effect 6 months after the rule’s effective date.

The 2024 ban is the latest in a long history of partial bans in the U.S. Attempts at a full ban have been unsuccessful. Under a patchwork of laws and regulations such as the Clean Air Act of 1970, the 1972 Consumer Product Safety Act and the Medical Device Amendments of 1976, some uses have been banned.

The Asbestos Hazard Emergency Response Act of 1986 regulates asbestos in schools. It orders the U.S. Environmental Protection Agency to monitor asbestos levels in schools. And it established regulatory standards for inspections and abatement. All schools, both public and private, must conduct asbestos inspections. They must also develop plans for containment or removal.

Asbestos Uses That Are Still Allowed

There are still a number of uses of asbestos that are still allowed in the U.S. For example, the 2024 ban gives the chlor-alkali industry 5-12 years to find asbestos alternatives and convert all of their facilities. The industry currently makes diaphragms using the mineral. These diaphragms are used to make chlorine for water purification.

To make these diaphragms, the industry imports raw asbestos into the U.S. In 2022, there were 224 metric tons of raw asbestos imported into the country. In 2020, the total amount imported was 305 metric tons, according to the U.S. Geological Survey.

Asbestos sheet gaskets will be allowed for another 2 years under the ban. A key exception is an extended deadline for the Savannah River Site. To allow for the safe disposal of nuclear materials, the site has until until 2037 to phase out asbestos.

Manufacturers producing talc products may also put consumers at risk of asbestos exposure. Talc, also a mineral, can become contaminated with asbestos. The U.S. Food and Drug Administration has tested a variety of products for contamination. The agency found asbestos in baby powder, kids’ makeup kits, toys and personal hygiene products. While some companies have phased out the use of talc, many brands of makeup, for example, still use talc as a primary ingredient.

Timeline of Asbestos Regulations

Asbestos regulations in the U.S. began in the 1970s. For decades, asbestos was used heavily in construction and industrial products. Despite research into asbestos-related diseases as early as the 1920s and 1930s, many industries profited from asbestos and fought bans.

As the U.S. government passed laws to regulate it in the 1970s and 1980s, asbestos use decreased. Manufacturers began to seek safer, alternative materials. As awareness of the dangers of asbestos grew, consumer demand for asbestos-free products also drove companies to phase out its use.

Asbestos regulations have evolved over the past century. They now focus on protecting public health as the risks of exposure become better known. The use, import and handling of the hazardous mineral is now strictly regulated. Regulations have helped reduce exposure.

Challenges to Asbestos Regulations

The asbestos, construction and manufacturing industries have lobbied against stricter regulations. They’ve argued some uses, like fireproofing, require asbestos. Opponents of a total asbestos ban argue it would be too costly. They suggest costs would be especially high when it comes to removing legacy asbestos in older buildings.

These challenges have made passing tighter and broader regulations difficult. As a result, some asbestos uses continue. And asbestos remains in many buildings, posing health risks. The debate also continues over the definition of “safe” levels of asbestos. Some industry proponents, despite strong evidence linking asbestos to cancers, have argued that some types of asbestos are less harmful.

People harmed as a result of asbestos exposure should hire specialized mesothelioma lawyers. They have the best chance of helping you get compensation.

Past Attempts to Ban Asbestos

There have been many attempts to ban asbestos over the years. Many advocates for a ban were hopeful when the EPA announced the Asbestos Ban and Phase-Out Rule in July 1989. It would have banned making, importing, processing and selling asbestos products. The asbestos industry launched a fierce counterattack and sued the EPA.

In October 1991, the Fifth Circuit Court of Appeals overturned a ban on asbestos products. The court said the EPA failed to show a ban was the “least burdensome alternative” to regulating asbestos. The George H.W. Bush Administration discouraged the agency from appealing the ruling.

Since the lawmakers overturned the ABPR, they have made several other attempts to fully ban asbestos. In the past, lobbyists for the chemical and construction industries worked to block these bans.

Some states have taken strong action to protect the public from asbestos. In June 2024, Michigan Governor Gretchen Whitmer signed bipartisan bills to protect people from asbestos exposure. The bills address abatement projects and requiring public contracts to disclose certain information to the public. It also recommends an annual report on the asbestos emissions program for demolition or renovation. 

Outlook for New Asbestos Laws

Activists are still fighting to pass The Alan Reinstein Ban Asbestos Now Act. If approved, the law would ban all uses of commercial asbestos and asbestos-containing products. The bill was first introduced in 2019. In March 2023, the legislature read the bill twice. Then, it referred it to the Committee on Environment and Public Works.

The bill’s name honors the husband of Linda Reinstein, a co-founder of the Asbestos Disease Awareness Organization. In 2003, doctors diagnosed Linda’s husband Alan with pleural mesothelioma. At the time, neither he nor his wife had ever heard of the disease. Alan died 3 years after his diagnosis in 2006.

A nationwide asbestos ban could greatly improve public health. A full ban could cut the risk of cancers such as mesothelioma. It may also lower healthcare costs. A total ban could create an improved long-term health outlook for future generations.

Notable Worldwide Asbestos Rules

In 1983, Iceland was the first country to ban all types of asbestos. In the 1980s and 1990s, other countries followed suit. They included Sweden, Denmark, Norway, Austria and Finland. These initial bans paved the way for global efforts to ban asbestos.

Since 2005, the WHO has fought for a global ban on asbestos to help combat the rise in mesothelioma and other asbestos-related diseases. In 2013, the WHO launched a plan to end asbestos use in its 190 member states by 2020. Unfortunately, it was never adopted.

Common Questions About Asbestos Bans and Regulations

When was asbestos banned?

Asbestos isn’t fully banned in the United States. It’s subject to strict regulations. In March 2024, the Biden administration finalized a ban on chrysotile asbestos. Companies are allowed a phase-out period of up to 12 years to continue using the material for certain manufacturing processes. Chrysotile asbestos is mostly imported into the U.S. for use in the chlor-alkali industry. This new ban doesn’t apply to all types of asbestos.

Who can pass an asbestos law or regulations?

Congress can pass federal asbestos laws before the president signs them. States can also regulate asbestos use. Several agencies may also regulate asbestos. These include the Environmental Protection Agency, Occupational Safety and Health Administration, Mine Safety and Health Administration and the Consumer Product Safety Commission.

What is OSHA’s policy for asbestos?

Specific standards cover asbestos hazards for general industry, maritime and construction.

• Excursion Limit: The EL for asbestos is 1.0 fibers per cubic centimeter over a 30-minute period.

• Exposure monitoring: Employers must track asbestos exposure. They must test workers exposed at or above the permissible exposure limit for 30 or more days per year.

• Medical evaluation: Employers must test the health of workers who wear negative-pressure respirators.

• Notification: If lab results show that the airborne fiber limit is exceeded, employers must notify employees of the actions being taken to correct the problem.

• Permissible Exposure Limit: The PEL for asbestos in the workplace is 0.1 fibers per cubic centimeter of air over an eight-hour period.

• Personal protective equipment: Employers must train all workers exposed to asbestos in the use of PPE.

• Workplace assessment: Employers must check their workplace for asbestos. They must also assess if work will create airborne fibers.

• Written opinion: Employers must get a written opinion from a doctor. It must assess the employee’s health and fitness to wear PPE.

Do some products still contain asbestos today?

Yes, some products still contain asbestos. It’s illegal to sell new products with the toxic mineral. But you can still find legacy asbestos in some automotive parts, construction materials, fireproofing and insulation. Asbestos diaphragms are still used in the chlor-alkali industry.

What is the asbestos reporting rule?

The asbestos reporting rule is a one-time requirement. It applies to companies that made, imported or processed asbestos from 2019 to 2022. The EPA finalized the rule under the Toxic Substances Control Act.

The TSCA requires companies to report asbestos types, amounts, uses and its presence. They must also provide employee data and the number of workers involved. The rule applies to companies with annual sales of more than $500,000 between 2019 and 2022. The EPA will use the reported information to consider future actions, such as risk evaluations and management.

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