Asbestos Ban

In 1938, U.S. Public Health Service (USPHS) published a study concluding that low levels of asbestos exposure would not cause asbestosis. Much of the scientific community accepted this study’s safe-exposure threshold for the next 30 years. During this time, Congress passed the following laws with the study’s guidance in mind:

• 1951 Walsh-Healey Act: This act adopted the USPHS exposure guidelines for federal contractors. It also set standards for equipment safety.
• 1960 Longshoremen’s Act: This act also adopted the USPHS guidelines for longshoremen.

However, researchers still recognized the limitations of this threshold for protecting human health. One USPHS doctor called the limitations “nothing but educated guesses.” In 1968, researchers recommended lowering the USPHS threshold.

Early asbestos laws and regulations did not prevent millions of people from being exposed to asbestos. Companies continued to use the mineral without warning workers or consumers of its dangers. Only in the 1970s did things begin to change.

Asbestos Regulations and Laws in the 1970s

In the 1970s, asbestos use began declining as knowledge of its risks spread and the government began calling for a ban. In 1970, Congress passed the Occupational Safety and Health (OSH) Act. The law helped coordinate health and safety initiatives in the workplace.

In 1975, OSHA declared asbestos a carcinogen. It also proposed to lower the safe-exposure threshold for asbestos. Industry lobbying swayed legislators and prevented OSHA from adopting this change.

Then, in 1976, NIOSH concluded that there was no such thing as a “safe” level of asbestos exposure. The following year, the International Agency for Research on Cancer (IARC) also recognized asbestos as a carcinogen. In 1979, a working group at OSHA confirmed NIOSH’s and IARC’s findings.

Despite the efforts of NIOSH and OSHA, there was little success regulating asbestos in the 1970s. A lack of political will and industry pressure blocked efforts to create widespread change.

However, small changes did occur. The Environmental Protection Agency (EPA) had early successes banning certain asbestos products during this time. The U.S. Consumer Product Safety Commission (CPSC) also banned asbestos-containing patching compounds and artificial fireplace ash.

02. EPA and Asbestos Regulations

What Is the EPA’s Role in Asbestos Regulations?

The EPA is a federal agency with a broad mission to protect human health, which includes regulating asbestos. The agency has passed various laws related to asbestos use. Recent legislation has also given the EPA the power to ban asbestos entirely, though as of 2023, there is still no ban.

Two major pieces of legislation established the EPA’s goal “to protect the public from adverse health effects of asbestos.” They are the Clean Air Act (CAA) of 1970 and Toxic Substances Control Act (TSCA) of 1976.

Asbestos Ban and Phase-Out Rule (ABPR)

The ABPR was the most comprehensive attempt to ban asbestos in the United States to date. In 1989, the EPA used its authority under the TSCA to issue a final rule banning most asbestos products. The rule aimed to ban future manufacturing, importation and distribution of asbestos products. But the ban did not last very long.

The asbestos industry challenged the ban in court in the lawsuit Corrosion Proof Fittings v. EPA. In 1991, the United States Court of Appeals for the Fifth Circuit overturned most of the ABPR.

Ultimately, the ban on products was limited to several types of paper and felt flooring. Fortunately, the ban on any new uses of asbestos survived.

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03. Early 2000s Proposed Bans

Early 2000s Attempts at Asbestos Bans

The early 2000s saw renewed attempts to ban asbestos. One notable bill was the Ban Asbestos in America Act, also called the Murray Bill. Another bill was the Bruce Vento Ban Asbestos and Prevent Mesothelioma Act. Neither bill became law.

Murray Bill

In 2002, Senator Patty Murray introduced the Ban Asbestos in America Act, commonly known as the Murray Bill. The bill would have required the EPA to create a rule to ban almost all uses of asbestos in the United States. In 2007, the Senate approved the bill, but it stalled in the House of Representatives.

Bruce Vento Ban Asbestos and Prevent Mesothelioma Act

In 2007, Representative Betty McCollum introduced the Bruce Vento Ban Asbestos and Prevent Mesothelioma Act. The bill was named after a member of Congress who died from pleural mesothelioma. The bill would have strengthened the TSCA to expand the definition of asbestos and ban more products. The bill included several provisions from the failed Murray Act.

The new definition of asbestos would have included winchite, richterite and amphibole forms of asbestos. Winchite and richterite are both found in the vermiculite mines in Libby, Montana. Exposure from these mines created one of the largest environmental disasters in United States history. The bill did not become law.

04. Asbestos Laws Today

Asbestos Laws Today: Is the United States Closer to a Ban?

In recent years, efforts to ban asbestos in the United States have intensified. For example, the Frank R. Lautenberg Chemical Safety for the 21st Century Act gives the EPA authority to ban asbestos. The agency is currently exploring whether this law requires them to implement a ban. It is also investigating current risks caused by past asbestos use. Meanwhile, the Senate is considering the 2022 Alan Reinstein Ban Asbestos Now Act as a way to prohibit asbestos use.

Although these laws create the potential for a full ban, the United States has still not fully prohibited asbestos use. Asbestos companies still using and exposing workers to the mineral continue to lobby against a ban. They misrepresent the costs of a ban and the health risks to workers. Some have even commissioned studies downplaying the dangers of asbestos exposure.

Lautenberg Act

In 2016, the Frank R. Lautenberg Chemical Safety for the 21st Century Act became law. The law expands the EPA’s authority under the TSCA to allow it to ban asbestos. Lawmakers designed the law to prevent challenges to an asbestos ban like the one that overturned the ABPR.

The EPA has moved toward banning asbestos but has not yet used its authority under this law to implement a ban. The law requires the EPA to identify and assess the risks of dangerous chemicals like asbestos. This risk evaluation does not consider costs to the asbestos industry and rightly focuses on public health and safety.

If the EPA concludes that a chemical poses an unreasonable risk, it must take appropriate action to prevent the harm caused by the chemical. Appropriate action may include phase-outs and bans.

Significant New Use Rule (SNUR)

In 2019, the EPA issued a new asbestos rule under its TSCA authority. The SNUR, also called the April 2019 Final Rule, has proven controversial. The rule requires companies to obtain federal clearance to import and manufacture various asbestos products. Mesothelioma advocates question whether the rule could result in more asbestos products on the market.

The Asbestos Disease Awareness Organization (ADAO) claims the SNUR “falls woefully short of taking meaningful action to protect public health.”

The SNUR identifies asbestos products that companies could potentially reintroduce into the market. In theory, the EPA could allow any of these asbestos uses to restart under the SNUR.

Alan Reinstein Ban Asbestos Now Act

The Alan Reinstein Ban Asbestos Now Act would prohibit the use and importation of asbestos. This bill was first introduced in Congress in 2017. Initial attempts to pass the bill into law have failed. But recent reports on the use of asbestos in chlorine plants have increased pressure to get the bill passed.

Proposed Chrysotile Asbestos Ban

In 2022, the EPA proposed a rule to ban the use of chrysotile asbestos. Chrysotile is the only type of asbestos currently used in the United States. A risk assessment conducted by the EPA found that chrysotile asbestos presents an unreasonable risk to public health. The agency says it hopes to complete the rulemaking process by November 2023.

While the proposed rule is a step in the right direction, advocates and lawmakers continue to push for a complete ban on all types of asbestos. For example, the proposed Alan Reinstein Ban Asbestos Now Act is more comprehensive. It would put the United States in line with other countries that have a complete ban on asbestos.

States That Have Banned Asbestos

Some states have adopted stricter asbestos regulations than the federal government. For example, in 2019, New Jersey enacted a prohibition on the sale and distribution of asbestos products.

Other states have banned certain asbestos products to help protect consumers. In 2010, Washington state banned asbestos brake pads and shoes. States may also have their own regulations establishing fines and other penalties for certain asbestos uses in the state.

05. Asbestos Bans Around the World

Asbestos Bans Around the World

Asbestos bans currently exist in more than 60 countries. Countries that have banned asbestos include all member countries of the Organization for Economic Co-operation and Development (OECD), except the United States and Mexico.

The United States still imports chrysotile asbestos for use in certain industries. From 2019 to 2020, asbestos imports nearly doubled. According to the most recent data, the United States imports its asbestos from Brazil and Russia. Although Brazil technically has an asbestos ban, it has continued to mine asbestos.

Anti-asbestos advocates believe a global ban is possible. For example, one study found that following guidelines from international conventions helped countries ban asbestos. These conventions, the 1986 C162 Asbestos Convention and the 1989 Basel Convention, have not been adopted by the United States.

Countries With a National Asbestos Ban

The asbestos import-export trade poses a potential threat to all countries. For example, trade may result in asbestos passing through countries with an asbestos ban en route to its destination. A worldwide asbestos ban could help prevent asbestos from crossing borders.

Even without a global ban, national bans help protect the health of a country’s people. For example, a ban in the United States would protect workers who still use asbestos products on the job. Other countries have shown a ban is possible and the United States should follow suit.

06. Common Questions