Medically Reviewed By
Fighting for a U.S. Asbestos Ban
Despite past attempts to ban the toxin, asbestos is still not banned in the United States today, putting millions at risk of dangerous exposure.
Key Points
-
1
Asbestos is still not banned in the United States.
-
2
Over 60 countries have banned the toxin already, with more committing.
-
3
Past attempts to ban asbestos in the U.S. have been overturned.
-
4
An ongoing EPA asbestos risk assessment provides some hope for a future ban.
Asbestos has a long history in the United States and around the world. Even though its health effects were confirmed by the 1920s if not earlier, the mineral was heavily used through the 1970s. Many people ask “when was asbestos banned?” in the belief that one of the many past regulations against the toxin made it illegal decades ago, especially given the serious dangers of exposure. But past attempts to ban asbestos have proven unsuccessful.
Today, the mineral can still be legally utilized in certain products with historic use, while its past uses can be found in various products, homes, schools and other buildings throughout the country. In recent years, new asbestos regulations have given advocates hope that a ban may be forthcoming, though the future of asbestos in America is on shaky ground with the current administration.
Past Attempts to Ban Asbestos
As research continued to confirm the health effects of asbestos exposure, like mesothelioma and asbestosis, regulatory agencies began to finally put laws into place to protect workers and the public from dangerous exposure. Despite health risks being realized in the early 1900s, the first big regulatory action against the mineral didn’t happen until 1970.
The 1989 Asbestos Ban and Phase-Out Rule was the closest the United States has come to fully banning asbestos. Since the EPA didn’t appeal the ruling that overturned the law just two years later, many past uses of asbestos are still legal and actively utilized today, continuing to put millions of people at risk of exposure.
Other bills have popped up over the year, like the Ban Asbestos in America Act (also referred to as the Murray Bill) in the early 2000s, which would have banned importing, manufacturing and distributing asbestos. The law was continually blocked by Congress, even as the proposed regulations became more watered down over the years.
Reports have estimated at least 20 million Americans are at risk of developing mesothelioma in their lifetime, with millions more at risk of other asbestos-related diseases. Advocates around the world believe a full ban on the toxin is the only way to change these statistics and help put an end to mesothelioma and other asbestos diseases.
The Lautenberg Act Gives Hope for an Asbestos Ban
Progress for an asbestos ban seemed nonexistent until 2016 with the passing of the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The law amended the Toxic Substances Control Act (TSCA) that was originally implemented in 1976 and had faced much criticism for failing to properly regulate the use of chemicals and protect public health.
In line with these clear changes, the EPA chose ten chemicals to undergo risk assessments to determine their threat to public health and further regulations needed, which could include a ban. Asbestos was included in the first round of assessments, giving hope to advocates that a ban could be on the horizon.
In June 2017, the initial scoping documents of these assessments were released, giving better insight into the current uses of asbestos in the United States and how the toxin has been handled.
The scoping document provided valuable insight, though also explained that the assessment would not include legacy uses of asbestos, including products like building materials which still arguably pose the largest threat of exposure today. Despite this setback, advocates remained hopeful that the assessment would eventually lead to a complete ban, as any amount of asbestos exposure has proven dangerous.
The Future of an Asbestos Ban in the U.S.
Despite the promising outlook of the EPA’s chemical risk evaluations, the agency faced many changes under the Trump administration, causing concern for many advocates. Though the Lautenberg Act provided so much hope, new regulations changed the scope of the assessment.
In the summer of 2018, the EPA also unveiled a proposed asbestos regulation called the Significant New Use Rule (SNUR). The proposed rule states that manufacturers and exporters would need to seek approval from the EPA before starting or resuming the manufacture or distribution of asbestos goods. The EPA could then review the intended use of asbestos in the product and take action to limit or prohibit use when necessary.
EPA officials released statements explaining that the rule would help protect the public from new uses of asbestos that could happen now without the agency realizing it. Advocates, however, believe this rule would be a step backward and more easily allow for new uses of the toxin, putting more asbestos products on the market.
The outlook remains rather uncertain with so many factors up in the air, but the public remains hopeful of a future asbestos ban in the U.S.
Asbestos Bans Around the World
Unfortunately, the majority of the world still allows use of asbestos, with the global trade even growing as countries like Russia continue to rely heavily on its export. In recent years, however, more countries that have once been among the top producers of the toxin have passed laws to ban further manufacturing, importing and exporting of the mineral.
Among the most notable recent additions, Canada and Brazil, two of the largest asbestos producers, have implemented complete bans on the toxin. Over 60 other countries have banned asbestos so far, with some other countries showing hope for a ban in the near future.