The History of Asbestos Regulation in the US
For decades, a common misconception has plagued Americans across the nation; that the United States was one of more than 60 countries worldwide that entirely banned the use and manufacturing of the harmful carcinogen, asbestos. In reality, the US didn’t ban Chrysotile asbestos until March of 2024 after decades of failed legislation, public outcry, and partial regulation. Chrysotile is the most common form of asbestos and is responsible for 90% of exposure across the nation. It was long awaited that the EPA finalize a comprehensive ban this public health threat. Here are the events and regulations that led to this historic event.
1940s – 1950s
During the 1940s, suspicions about the harmful effects of asbestos were heavily theorized and occasionally witnessed. Despite this, asbestos could be found in common places that society relied on for survival and comfort, including the insulation of homes and in vehicles.
By 1942, US asbestos consumption had increased to about 60% of world production. With no prominent medical studies and a lack of public awareness, regulation of asbestos was nonexistent during this time period, but exposure was unavoidable.
As the automobile became a household item, so did the asbestos that came along with it. Documents acknowledging the negative impacts of asbestos began circulating in industries responsible for producing these items. However, companies were reluctant to reveal this information and many continued operations as normal despite the known risks.
1960s
At the turn of the 1960s, the public became aware of dangers of asbestos due to the medical discoveries of Dr. Irving J. Selikoff. He conclusively linked asbestos to certain diseases including mesothelioma and lung cancer. This discovery was the evidence needed to counteract the overwhelming influence of the asbestos industry and ignited whispers of legislative change.
1970s
The 1970s saw a flurry of regulatory activity as demands from organized labor and trade groups rallied for safer work places. In 1971, the Occupational Safety and Health Administration (OSHA) was formed. OSHA revoked some power from the asbestos industry by establishing the first federal guidelines for workplace asbestos exposure.
The Clean Air Act of 1970 was also established. It granted the EPA the power to regulate the use and disposal of asbestos. This was a monumental step that triggered change across asbestos-related industries and caused manufacturers to seek alternatives.
Shortly after, the first NESHAP rule was enacted. This eliminated spray application of fireproofing that contained asbestos. Despite these changes, asbestos consumption hit an all-time high of over 800,000 tons in 1973.
In 1975, OSHA officially declared asbestos a carcinogen and proposed lowering the safe-exposure threshold. After discussion on what a safe limit could be, the Toxic Substances Control Act of 1976 (TSCA) was put into place, causing most industries and products to cease their use of asbestos. TSCA would eventually be amended and lead to prominent changes in the 21st century.
The EPA also utilized the Medical Device Amendments of 1976 to place restrictions on asbestos, radon, and lead-based paint. Despite the activity of the 1970s, asbestos wasn’t close to being banned and exposure was still problematic.
1980s – 1990s
The momentum to rid the country of asbestos continued into the 1980s. At the turn of the decade, the National Institute for Occupational Safety and Health (NIOSH) concluded there was no level of exposure that doesn’t result in negative health repercussions. Following this statement, the EPA established standards for inspecting and removing asbestos from schools.
Just before the decade came to a close, the EPA issued the Asbestos Ban and Phase-Out Rule (ABPR). This ban would have prohibited all manufacturing, importation, processing and sale of asbestos-containing products from being distributed after August of 1989. Much of the misconception that asbestos is banned stems from the idea that ABPR banned all asbestos. In actuality, it banned some forms of asbestos.
ABPR was met with extreme resistance from corporations that claimed the ban would result in job losses and severe economic consequences. The manufacturers of asbestos filed a lawsuit against the EPA and in 1991, the ban was overturned. However, the court provided some good news; the ban could apply to six prominent asbestos-containing products. Sadly, Chrystoile asbestos, which is responsible for 90% of the nation’s asbestos exposure, would remain legal. Up until 2024, it was argued that ABPR was the nation’s best attempt at a federal level to ban asbestos.
2000s
The misconception that asbestos was banned, led to a decline in public interest. In 2002, the last asbestos mine closed, putting an end to the asbestos mining era. The Ban Asbestos in America Act was also introduced in an effort to prohibit the importation, manufacture, processing, and distribution of products containing asbestos in the U.S.
2010s
The 2010s rejuvenated the momentum for a full asbestos ban and brought forth several steps that pushed the goal forward. The Lautenberg Act became law of 2016, effectively expanded the EPA’s authority under the TSCA to allow it to ban asbestos. Lawmakers of this act even went so far as to design the law to prevent the challenges faced when ABPR attempted to ban asbestos.
The following year saw the introduction of The Alan Reinstein Ban Asbestos Now Act which aimed to amend the TSCA to prohibit the manufacturing, processing, and distribution of asbestos in addition to addressing legacy asbestos. Unfortunately, this act stalled the following year and was never passed.
At the end of 2010s, the EPA issued a final rule under the authority granted to them by the TSCA of 1976. This ensured that discontinued asbestos products would not be reintroduced into commerce without the Agency evaluating them and placing necessary restrictions on usage.
2020s
In 2020, the EPA completed their final risk evaluation for asbestos. Their findings were severe. It was found that asbestos posed an unreasonable risk to public health due to the ongoing use of chrysotile asbestos; the only form not banned during the 1980s ABPR attempt.
The extent of usage became even more apparent when the US international Trade Commission reported 114 tons of asbestos were imported during the first three months of 2022. This exceeded the 100 metric tons imported during the entirety of 2021.
Three decades after the first attempt at outlawing asbestos, EPA finalized the risk management for chrysotile (white) asbestos and announced a comprehensive ban. This feat would add the US to the list of over five dozen countries in which Chrysotile asbestos is banned and start a new page for those impacted by the harmful repercussions of the carcinogen.
Sources: https://www.mesothelioma.com/lawyer/legislation/asbestos-ban/