Key Takeaways
- Legacy asbestos is asbestos that remains embedded in older buildings, infrastructure, industrial sites, and the natural environment — in flooring, vinyl tiles, paint, water pipes, sealant, insulation, roofing shingles, and other materials.
- While the EPA banned new import and use of chrysotile asbestos in March 2024, the ban did not address existing asbestos already in place. Companies also have a 12-year phase-out deadline, meaning asbestos is still being imported and used in the immediate future.
- Legacy asbestos is not immediately dangerous when intact and bound within a substrate — but it degrades within 50 to 70 years after installation. Once degraded or mechanically disturbed, fibers become airborne and pose serious health risks.
- There is currently no U.S. legislation or infrastructure in place to address the inevitable degradation of legacy asbestos across the country.
- Australia — which banned asbestos in 2003 — offers a model through the Victorian Asbestos Eradication Agency (VAEA), which created consolidated asbestos registries, workplace tracking requirements, and a risk-assessment model that prioritizes the highest-risk sites for removal first.
- The U.S. should adopt similar strategies — particularly asbestos registries, workplace tracking, and risk-based prioritization — to proactively address legacy asbestos before it becomes a broader public health crisis.
What is Legacy Asbestos?
Legacy asbestos is extant asbestos in older buildings, infrastructure, industrial sites, and pockets of the natural environment. Legacy asbestos can be found in flooring, vinyl tiles, textured paint, water pipes, sealant, wall insulation, roofing shingles, and other construction/cosmetic materials.
The U.S. banned new import, production, and usage of all types of asbestos in March 2024, lagging decades behind other Western nations’ efforts to control asbestos-related disease. While the Environmental Protection Agency’s ban was a critical first step towards addressing the public health epidemic causally related to asbestos; however, the ban didn’t account for the asbestos inherent to twentieth century infrastructure that’s still intact. Additionally, the ban isn’t immediately effective, meaning that its effects will be felt incrementally. (Companies are bound to a 12 year hard deadline for completely ceasing asbestos production and import. Until that non-negotiable deadline, they’re legally allowed to proceed as usual. This means that asbestos is still being imported and used in the U.S., and will be for the immediate future.)
While asbestos isn’t necessarily dangerous when it’s contained—meaning it’s bound in another substrate or object, like textile or paint—when it degrades or is physically disturbed, it can become airborne. Once airborne, asbestos poses serious health risks: it can easily be ingested, become lodged within the body, and can cause a host of health issues, the most notable of those being mesothelioma. Asbestos usually degrades between 50-70 years after it was first implemented. If not mechanically disturbed before its degradation, it should remain intact. But, with time and eventual renovation/demolition, asbestos is bound to become dislodged from its substrate “host.” So, while legacy asbestos might not be an urgent issue for all immediately, legacy asbestos will certainly be an issue for all eventually.
Looking to Australia
Australia banned the import, use, and production of all asbestos and asbestos-containing products in 2003, which was before the EU’s ban in 2005 and well before the U.S.’s 2024 ban. Because they’ve had over 20 years to perfect and implement regulatory legislation, looking to their strategies for handling legacy asbestos is paramount.
Australia’s government created a task force called the Victorian Asbestos Eradication Agency (VAEA), which was responsible for developing and implementing plans for removing asbestos from Victoria’s government-owned buildings. Here are some of the actions they took to address legacy asbestos:
- They created a consolidated asbestos registry. This streamlined the tracking progress of known asbestos.
- They created a workplace asbestos registry, in which employers are required to track any asbestos in the workplace. Employers record the location, type, and frequency of asbestos. In this way, registries act as a kind of “triage” for funding and support from the VAEA.
- They also created a risk assessment model, which takes into account the condition, degradation, location, and risk vs. benefit of asbestos removal, among other factors. This allowed the VAEA to create a standard of “care,” in which they could logically prioritize some legacy asbestos sites over others. This means that areas of highest risk are treated first.
The VAEA has taken critical steps to address legacy asbestos, and the U.S. should adopt some of their policies. They’re proactively mitigating asbestos exposure for Australian citizens.
If you or a loved one has been diagnosed with mesothelioma or another asbestos-related disease, we are here to help. Our website offers useful information regarding types of asbestos-related diseases, hospitals to receive treatment in Pennsylvania, a variety of different treatment options, and more. For more information or for legal help, please call us at (800) 505-6000 or simply fill out our contact form.
Frequently Asked Questions
What is legacy asbestos?
Legacy asbestos refers to asbestos that was installed in buildings, infrastructure, and industrial sites decades ago and remains in place today. It includes asbestos in flooring, vinyl tiles, textured paint, water pipes, sealant, wall insulation, roofing shingles, and other construction materials. While the EPA’s 2024 ban prohibits new asbestos use, it does not require the removal of legacy asbestos already embedded in existing structures.
When does legacy asbestos become dangerous?
Legacy asbestos is generally safe while it remains intact and bound within its substrate — such as cement, paint, or vinyl. It becomes dangerous in two scenarios: when it is mechanically disturbed (during renovation, demolition, or maintenance) or when it degrades naturally with age. Asbestos materials typically degrade within 50 to 70 years after installation, at which point fibers can become airborne without any physical disturbance. Once airborne, fibers can be inhaled and cause mesothelioma, lung cancer, and asbestosis.
Doesn’t the 2024 EPA ban solve the problem?
No — only partially. The EPA’s 2024 ban prohibits the new import, processing, and commercial use of chrysotile asbestos. However, it has two significant gaps. First, it does not require the removal of asbestos already in place — legacy asbestos in millions of buildings remains untouched. Second, the ban includes a 12-year phase-out period, meaning companies can continue importing and using asbestos until that hard deadline. Asbestos is still being used in the U.S. today and will be for the immediate future.
What has Australia done about legacy asbestos?
Australia — which banned asbestos in 2003, over 20 years before the U.S. — created the Victorian Asbestos Eradication Agency (VAEA) to proactively address legacy asbestos. The VAEA implemented three key strategies:
- Consolidated asbestos registry — a centralized database tracking all known asbestos locations, streamlining monitoring and removal efforts
- Workplace asbestos registry — employers are required to record the location, type, and frequency of asbestos in their facilities
- Risk assessment model — a standardized framework that evaluates the condition, degradation, location, and removal risk of each asbestos site, allowing the VAEA to prioritize the highest-risk locations first
How much legacy asbestos is in Pennsylvania?
While exact numbers are not available, Pennsylvania is one of the most affected states in the country. The state has at least 37 natural asbestos deposits, four former asbestos mines, and a massive industrial legacy — steel mills in Pittsburgh, the Philadelphia Naval Shipyard, the asbestos manufacturing plants in Ambler, and thousands of older homes, schools, and commercial buildings constructed when asbestos was standard building material. Much of this infrastructure is now 50 to 70+ years old — approaching or exceeding the typical lifespan of asbestos-containing materials. Without proactive identification and removal, these materials will continue to degrade and release fibers.
What should the U.S. do about legacy asbestos?
Adopting strategies similar to Australia’s VAEA would be a significant step. Key actions include:
- Creating a national asbestos registry to identify and track all known asbestos locations
- Requiring workplace asbestos tracking so employers document and monitor asbestos in their facilities
- Implementing risk-based prioritization to address the most dangerous sites first
- Funding removal programs for schools, public buildings, and water infrastructure
Without these measures, legacy asbestos will continue to degrade across the country — posing ongoing health risks to anyone who lives, works, or attends school in buildings that contain it.
What should I do if I believe I’ve been exposed to legacy asbestos?
If you believe you’ve been exposed to asbestos — whether through an older building, a workplace, a school, or environmental contact — and have been diagnosed with mesothelioma or another asbestos-related disease, call (800) 505-6000 or fill out our contact form for a free consultation.
