U.S. Federal Bans on Asbestos
- Banned products and uses
- Examples of asbestos-containing products not banned
- Regulatory history of asbestos bans
Banned products and uses
Under the Toxic Substances Control Act (TSCA): Banned Manufacture, Importation, Processing and Distribution in Commerce of Certain Asbestos-containing Products
- Corrugated paper
- Rollboard
- Commercial paper
- Specialty paper
- Flooring felt
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.
Under the Clean Air Act (CAA): Banned Asbestos-containing Uses
- Asbestos pipe insulation and asbestos block insulation on facility components, such as boilers and hot water tanks, if the materials are either pre-formed (molded) and friable or wet-applied and friable after drying.
- Spray-applied surfacing asbestos-containing materials
Spray-on application of materials containing more than 1% asbestos to buildings, structures, pipes, and conduits unless certain conditions specified under 40 CFR 61, Subpart M are met.
Under the Consumer Product Safety Act (Consumer Product Safety Commission): Banned Products
- Asbestos in artificial fireplace embers and wall patching compounds
Examples of asbestos-containing products not banned
The manufacture, importation, processing and distribution in commerce of these products, as well as some others not listed, are not banned.
- Cement corrugated sheet
- Cement flat sheet
- Clothing
- Pipeline wrap
- Roofing felt
- Vinyl floor tile
- Cement shingle
- Millboard
- Cement pipe
- Automatic transmission components
- Clutch facings
- Friction materials
- Disk brake pads
- Drum brake linings
- Brake blocks
- Gaskets
- Non-roofing coatings
- Roof coatings
Regulatory history of asbestos bans
- In 1973, EPA banned spray-applied surfacing asbestos-containing material for fireproofing/insulating purposes. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M
- In 1975, EPA banned installation of asbestos pipe insulation and asbestos block insulation on facility components, such as boilers and hot water tanks, if the materials are either pre-formed (molded) and friable or wet-applied and friable after drying. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M
- In 1978, EPA banned spray-applied surfacing materials for purposes not already banned. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M
- In 1977, the Consumer Product Safety Commission (CPSC) banned the use of asbestos in artificial fireplace embers and wall patching compounds. (See 16 CFR Part 1305 and 16 CFR 1304)
- In 1989, the EPA issued a final rule under Section 6 of Toxic Substances Control Act (TSCA) banning most asbestos-containing products. However, in 1991, this rule was vacated and remanded by the Fifth Circuit Court of Appeals. As a result, most of the original ban on the manufacture, importation, processing, or distribution in commerce for the majority of the asbestos-containing products originally covered in the 1989 final rule was overturned.
See 40 CFR 763 Subpart I.
Asbestos Ban and Phase-Out Federal Register noticesAsbestos-containing products that remain banned
Examples of Asbestos-containing products not banned (i.e, products no longer subject to the 1989 TSCA ban because it was overturned)
- In 1990, EPA prohibited spray-on application of materials containing more than 1% asbestos to buildings, structures, pipes, and conduits unless certain conditions specified. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR 61, Subpart M are met.