Asbestos Ban

Asbestos refers to a group of fibrous minerals that occur naturally in the environment. Asbestos does not conduct electricity and resists heat, fire and chemicals. These properties made it attractive to industries like construction, manufacturing and shipbuilding. Chrysotile asbestos is the form most commonly used in commercial applications.

When inhaled, asbestos fibers can become trapped in the lungs and can cause scarring and inflammation. This lung irritation can lead to more severe medical problems. Health conditions linked to asbestos include asbestosis, mesothelioma and lung cancer.

Several leading health organizations recognize asbestos as a known human carcinogen. They include the EPA, the U.S. Department of Health and Human Services (HHS) and the International Agency for Research on Cancer (IARC). Dozens of countries around the globe have comprehensive asbestos bans.

The U.S. has not entirely banned asbestos. Though there are laws regarding asbestos, asbestos is still used in some products and applications. In 2024, 110 tons of chrysotile asbestos were consumed in the U.S. The U.S. also imports manufactured products that contain asbestos.

U.S. law currently bans the following uses of asbestos:

• All new uses of asbestos: The U.S. Environmental Protection Agency (EPA) banned all new commercial uses of asbestos after Aug. 25, 1989. Under the law, no new products containing asbestos can enter the American market. However, in 2019, a new final rule was established. This rule may allow old uses of asbestos back into the market if approved by the EPA on a case-by-case basis.
• Asbestos-containing paper and flooring felt: Asbestos is banned in the manufacture, importation, processing and distribution of commercial paper, corrugated paper, specialty paper, rollboard and flooring felt.
• Spray-applied surfactant materials: There is an asbestos ban on spray-on applications containing more than 1% of asbestos. Spray-applied surfacing asbestos can be used on buildings, pipes and conduits only if certain conditions are met.

Asbestos is legal, and the following uses are still allowed:

• Use of asbestos in pre-existing products: Asbestos is often present in many older consumer products and building materials made before 1989. These products include insulation, roofing shingles, vinyl flooring, textured paint and heat-resistant fabrics.
• The importation of certain asbestos-containing products: The U.S. continues to import some products that contain chrysotile asbestos. These products include automotive brakes and linings, gaskets and roofing products.

Asbestos bans in the U.S. began in the early 1970s. Asbestos and the law have continued to change and evolve since. Primarily, the EPA regulates asbestos product prohibition according to the following:

• The Asbestos Hazard Emergency Response Act (AHERA): This act governs asbestos in schools. It requires public school districts and non-profit schools (including charter schools and religious institutions) to inspect buildings for asbestos-containing materials. It also requires that schools take action to reduce asbestos hazards.
• The Clean Air Act (CAA): The CAA regulates air quality and emission standards for air pollutants, including asbestos. CAA hazardous material bans address spray applications of asbestos-containing materials.
• The Occupational Safety and Health Act: This act established the Occupational Safety and Health Administration (OSHA). OSHA sets occupational safety standards for asbestos exposure in the workplace. OSHA rules mandate asbestos monitoring procedures, set exposure limits and create other protections for employees who work around asbestos.
• The Toxic Substances Control Act (TSCA): The TSCA is the primary statute for asbestos regulation by the EPA. It includes the EPA asbestos rule of 1989 that banned new uses of asbestos. The TSCA updates asbestos laws and has implemented new rules as recently as 2019.

EPA’s recent efforts to ban asbestos

The most recent efforts to ban asbestos in the U.S. were initiated in April 2022. At that time, the EPA proposed a chrysotile asbestos restriction. The rule was officially enacted in March 2024. It places an asbestos import ban on the substance. It also establishes asbestos phase-out guidelines for certain products containing chrysotile asbestos.  The chrysotile asbestos regulations intend to support public health protection and mesothelioma prevention.

Chrysotile asbestos is the only type of asbestos currently consumed, processed or distributed in the U.S. As such, toxic substance control has primarily focused on it. But other types of asbestos are still not fully banned. The EPA continues to evaluate the risks associated with other forms of the mineral, including crocidolite, amosite and asbestos-containing talc.

The 2024 Mineral Commodities Report shows that no asbestos was imported into the U.S. after 2022. Unfortunately, some domestic stockpiles still account for the current asbestos consumption. The U.S. Geological Survey produces this annual report.

Environmental safety policy has not resulted in a full asbestos ban, yet. The EPA sought to eliminate the use of most asbestos-containing products in 1989. But legal and commercial obstacles blocked those efforts and have continued to block avenues to an asbestos ban. After the 1989 ban was proposed, a 1991 court ruling narrowed its scope and limited it to new products only.

Industries that use asbestos and products that contain asbestos have also opposed asbestos bans. These industries cite economic and manufacturing concerns. Regulatory loopholes allow the continued use of “legacy” products (those made and used before 1989) and other exceptions.

When was asbestos banned?

The EPA attempted to ban most asbestos-containing products in 1989. However, a 1991 court decision overturned many of the regulations in the 1989 rule. Today, environmental safety policy allows asbestos in “legacy” products made before 1989.

Where is asbestos banned?

Asbestos is banned in over 50 countries around the globe. Countries with asbestos bans include all members of the European Union, the United Kingdom, Australia, Iceland, South Africa and many others. It is still not banned in the United States or countries like Russia, India and China.

Why hasn’t asbestos been fully banned yet?

Asbestos has not been fully banned because of legal, economic and regulatory hurdles. A 1991 court ruling struck down much of the EPA’s 1989 asbestos ban. Industries that use asbestos have argued against bans for economic reasons.

Is asbestos still used in construction?

Asbestos laws have not banned construction materials made before 1989. Though no new uses are permitted, older buildings may have asbestos-containing products. These products may include roofing and siding shingles, insulation and vinyl flooring. The U.S. also permits the import of some products that contain chrysotile asbestos.

Can asbestos exposure lead to legal action?

Yes, asbestos exposure can lead to legal action. Individuals who develop asbestosis, mesothelioma, lung cancer or another health condition linked to asbestos may be eligible for an asbestos lawsuit. Family members of individuals who died from an asbestos-related disease may be eligible to file a wrongful death lawsuit on behalf of their loved one.

Motley Rice has experience advocating for victims of asbestos exposure. Our law firm stays informed on asbestos litigation updates. We know how to navigate the evolving regulatory and legal changes often involved in these cases. If you were harmed by asbestos, our asbestos lawyers can discuss your legal options.

Motley Rice attorneys have been leaders in asbestos litigation for decades. We advocate for asbestos exposure victims nationwide and have helped thousands of individuals and families seek justice. We handle asbestos-related personal injury, wrongful death and product liability lawsuits, as well as asbestos-trust claims.

Our asbestos lawsuit and case involvement includes:

• Asbestos in Canada
• Asbestos-related diseases
• Federal Employers Liability Act (FELA)
• Household exposure to asbestos
• MARDOC
• Secondhand asbestos exposure

If you have a health condition related to asbestos exposure, a Motley Rice attorney can speak with you about your potential case. Contact our team online or call 1.800.768.4026.

Read more on our asbestos exposure litigation experience.