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Asbestos Ban and Phase Out Regulations in the United States

Asbestos Ban and Phase Out Regulations in the United States

Most products made today do not contain asbestos. Those few products made which still contain asbestos that could be inhaled are required to be labeled as such. However, until the 1970s, many types of building products and insulation materials used in homes contained asbestos.

Asbestos was mined and used commercially in North America beginning in the late 1800s. Its use increased greatly during World War II. Since then, it has been used in many industries. For example, the building and construction industry has used it for strengthening cement and plastics as well as for insulation, fireproofing, and sound absorption. The shipbuilding industry has used asbestos to insulate boilers, steampipes, and hot water pipes. The automotive industry uses asbestos in vehicle brakeshoes and clutch pads. More than 5,000 products contain or have contained asbestos.

In the late 1970s, the U.S. Consumer Product Safety Commission (CPSC) banned the use of asbestos in wallboard patching compounds and gas fireplaces because the asbestos fibers in these products could be released into the environment during use. Additionally, asbestos was voluntarily withdrawn by manufacturers of electric hair dryers.

On July 12, 1989, EPA issued a final rule banning most asbestos-containing products. In 1991, this regulation was overturned by the Fifth Circuit Court of Appeals in New Orleans, allowing uses established prior to 1989. As a result of the Court's decision, the following specific asbestos-containing products remain banned: flooring felt, rollboard, and corrugated, commercial, or specialty paper. In addition, the regulation continues to ban the use of asbestos in products that have not historically contained asbestos, otherwise referred to as "new uses" of asbestos.

The EPA has established regulations that require school systems to inspect for damaged asbestos and to eliminate or reduce the exposure to occupants by removing the asbestos or encasing it. In June 2000, the CPSC concluded that the risk of children's exposure to asbestos fibers in crayons was extremely low. However, the U.S. manufacturers of these crayons agreed to reformulate their products within a year. In August 2000, the EPA recommended that consumers reduce possible asbestos exposure from vermiculite-containing garden products by limiting the amount of dust produced during use. The EPA suggested that consumers use vermiculite outdoors or in a well-ventilated area; keep vermiculite damp while using it; avoid bringing dust from vermiculite use into the home on clothing; and use premixed potting soil, which is less likely to generate dust.

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Regulations

Below are the four relevant Federal Register notices and a document that provides more detail on the status of EPA's ban on asbestos-containing products.

• Asbestos: Manufacture, Importation, Processing, and Distribution in Commerce Prohibitions; Final Rule (54 FR 29460, July 12, 1989) (FRL-3476-2) [PDF]
• Asbestos; Manufacture, Importation, Processing and Distribution Prohibitions; Effect of Court Decision; Continuing Restrictions on Certain Asbestos-Containing Products (57 FR 11364, April 2, 1992) (FRL-4044-2) [PDF]
• Asbestos; Manufacture, Importation, Processing and Distribution Prohibitions; Continuing Restrictions on Certain Asbestos-Containing Products (58 FR 58964, November 5, 1993) (FRL-4635-7) [PDF]
• Technical Amendment in Response to Court Decision on Asbestos; Manufacture, Importation, Processing and Distribution Prohibitions; Technical Amendment (59 FR 33208, June 28, 1994)
  (FRL-4776-7) [PDF]

EPA Asbestos Materials Ban (ABPO Rule): Clarification [PDF] - May, 1999