Key Takeaways
- In 1989, the EPA enacted a partial ban on asbestos — preventing the manufacture, sale, assembly, and import of some asbestos-containing products. It was the first significant federal action against asbestos.
- In 1991, the Fifth Circuit Court of Appeals overturned most of the 1989 ban. However, because the EPA had already prohibited the mining and manufacture of asbestos-containing products, those activities did not resume — though importing and selling certain asbestos products remained legal.
- In 2019, the EPA issued a final rule preventing discontinued asbestos products from re-entering the market without EPA approval — effectively reinforcing the original 1989 restrictions.
- In 2022, the EPA proposed a comprehensive ban on chrysotile asbestos — the only type of asbestos fiber still regularly used in the United States. This was the first preemptive risk management action of its kind for asbestos.
- The EPA operates under several laws that govern asbestos regulation, including the Toxic Substances Control Act (TSCA), the Clean Air Act (CAA), and the Consumer Product Safety Act.
- Despite decades of regulation, asbestos has never been fully banned in the United States — which is why new cases of mesothelioma continue to be diagnosed.
1989 Partial Ban – Asbestos Regulations
Until 1989, asbestos use was pervasive in the United States, despite numerous empirical studies
confirming its correlation with mesothelioma. Scientists eventually elicited a government
intervention that pursued regulated asbestos use, although these efforts took decades to come to
fruition. The 1989 partial ban, enacted by the Environmental Protection Agency (EPA),
prevented the manufacture, sale, assembly, and import of some asbestos-containing products.
Asbestos products, though, weren’t allowed to be imported or sold at all. Although not an
outright ban, the partial ban was significant for several reasons: it qualified the power of
scientific pursuit in policy, established the government as protective of its citizens, and
established the EPA and OSHA as denizens of employee rights.
In 1991, the Fifth Circuit Court of Appeals overturned the 1989 partial ban. By effect, most
asbestos-containing products weren’t banned any longer; however, because the EPA prohibited
the mining and manufacture of asbestos-containing products prior, these campaigns didn’t
resume after the 1991 appeal. Asbestos-containing products–like packaging material, fire
retardant protective wear, and vehicle parts–could be legally imported and sold, however.
2019 Final Rule on Discontinued Uses
In April 2019, the EPA issued a final rule stating that discontinued asbestos products cannot
re-enter the market without EPA approval (and consequent testing, consultation from scientists,
and input from employees’ rights associations). By effect, this reified the 1989 partial ban and
made accessing asbestos-containing products significantly more difficult.
As of 2019, the EPA was operating under several acts that ensured their power over regulating
asbestos use, including the Toxic Substances Control Act (TSCA), Clean Air Act (CAA), and
Consumer Product Safety Act.
2022 EPA Proposed Ban of Ongoing Asbestos Use(s)
After commissioning a review of chrysotile asbestos–the only type of asbestos that is still used
in the United States–in 2020, the EPA began a risk management campaign. The 2022 proposed
ban, which is still under review, would ban all import, sale, dispersal, and usage of chrysotile
asbestos as a preventative measure. This is the first risk management bill of its kind–usually,
protective bills are passed after a substance is deemed harmful or dangerous. However, because
decades of research have established all forms of asbestos as dangerous, the EPA has enough
evidence to push the bill preemptively. The agency was incorporating the public’s input on their
proposed ban and hosted webinars for those interested. You can check out the recorded versions
here.
Hopefully, the 2022 proposed ban will set a precedent for future asbestos regulations, both in the
U.S. and internationally.
If you or a loved one has been diagnosed with mesothelioma, please call 1 (800)-505-6000 or fill out our contact form. We are here to help you navigate the legal process of filing a claim to receive compensation for your mesothelioma diagnosis. We help mesothelioma victims and their families in Pennsylvania.
Frequently Asked Questions
Is asbestos banned in the United States?
Not completely. While the EPA has enacted several restrictions over the decades — including the 1989 partial ban, the 2019 final rule on discontinued uses, and the 2022 proposed ban on chrysotile asbestos — the United States has never achieved a full, comprehensive ban on all forms of asbestos. Chrysotile asbestos, in particular, remained in use in certain industrial applications. The 2022 proposed ban aimed to close this gap, but the regulatory process has been slow.
What happened with the 1989 asbestos ban?
In 1989, the EPA enacted a partial ban that prevented the manufacture, sale, assembly, and import of certain asbestos-containing products. However, in 1991, the Fifth Circuit Court of Appeals overturned most of the ban, ruling that the EPA had not adequately demonstrated that the ban was the least burdensome alternative. Despite the reversal, the EPA’s earlier prohibition on mining and manufacturing asbestos-containing products remained in effect, and those activities did not resume.
What did the 2019 EPA final rule do?
The 2019 final rule stated that any asbestos product that had been discontinued could not re-enter the U.S. market without going through EPA review, scientific testing, and consultation with worker safety organizations. This effectively reinforced the protections of the 1989 partial ban and prevented manufacturers from bringing previously banned asbestos products back into commerce.
What is chrysotile asbestos and why is it significant?
Chrysotile is one of six recognized types of asbestos fibers and is the only type still regularly used in the United States. It has been used in industrial applications including chlor-alkali manufacturing, brake components, and certain building materials. The EPA’s 2022 proposed ban specifically targeted chrysotile because banning it would effectively eliminate nearly all remaining asbestos use in the country.
What laws govern asbestos regulation in the United States?
Several federal laws provide the framework for asbestos regulation:
- Toxic Substances Control Act (TSCA) — gives the EPA authority to evaluate and regulate chemicals, including asbestos
- Clean Air Act (CAA) — regulates asbestos as a hazardous air pollutant and governs demolition and renovation activities that could release fibers
- Consumer Product Safety Act — protects consumers from products containing hazardous substances
In addition, OSHA sets workplace exposure limits and safety requirements for industries where workers may encounter asbestos.
How does Pennsylvania regulate asbestos?
Pennsylvania has its own state-level asbestos regulations in addition to federal rules. The Pennsylvania Department of Environmental Protection regulates the removal, transportation, and disposal of asbestos-containing materials. The Pennsylvania Department of Labor and Industry enforces the Pennsylvania Asbestos Occupations and Certification Act of 1990, which requires that all professionals who inspect, remove, or manage asbestos hold proper certification. These state regulations work alongside federal EPA and OSHA standards to protect Pennsylvania residents and workers.
Why are people still getting mesothelioma if asbestos is restricted?
Two primary reasons. First, asbestos has never been fully banned in the United States — some uses continued even after the 1989 partial ban. Second, mesothelioma has an extremely long latency period of 20 to 50+ years, meaning people exposed to asbestos decades ago — before any regulations existed — are still being diagnosed today. Even as new exposure decreases, the legacy of past exposure will continue producing new mesothelioma cases for years to come.
What should I do if I’ve been diagnosed with mesothelioma?
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, understanding your legal rights is an important step. The history of incomplete regulation means that employers and manufacturers may bear significant liability for exposing workers and consumers to asbestos. Call (800) 505-6000 or fill out our contact form for a free consultation.
