Asbestos Ban in The United States

Asbestos Ban in The United States | Process and Regulations

Asbestos, a known health hazard, is still not entirely prohibited in the United States, contrasting with over 60 countries where its use is banned. In the U.S., asbestos continues to be present in certain materials, including construction products, posing ongoing health risks.

The Start of the Banning Process

The U.S. stopped asbestos mining in 2002, but the import and use of asbestos in limited amounts are still permitted. This situation leads to certain products containing a small percentage of asbestos, underlining the absence of a comprehensive ban.

Efforts to ban asbestos entirely in the U.S. are ongoing, reflecting a broader international movement advocating for a global prohibition. The connection between asbestos and diseases like mesothelioma was identified early in the 20th century, and U.S. regulations started to emerge from the 1930s onwards to address the health risks, particularly to reduce the incidence of asbestosis among industrial workers.

A significant turning point was the revelation in the 1980s of the asbestos industry’s knowledge and subsequent cover-up of the health risks associated with asbestos. This period unveiled the industry’s long-standing awareness of the dangers, yet a persistent pattern of neglecting worker safety. For instance, evidence showed that companies like Johns-Manville and others were informed of the health hazards from the 1930s but continued to expose workers.

Asbestos Regulations

Early U.S. regulations, although intended to control asbestos exposure, were largely ineffective in preventing widespread exposure or holding companies accountable. It was not until the 1970s, with the enactment of laws like the Occupational Safety and Health (OSH) Act and the creation of NIOSH, that more concerted efforts to regulate asbestos began.

The Environmental Protection Agency (EPA) has played a critical role in regulating asbestos, empowered by the Clean Air Act and the Toxic Substances Control Act. However, the 1989 Asbestos Ban and Phase-Out Rule (ABPR) attempted by the EPA faced legal challenges and was mostly overturned. According to the National Cancer Institute, in 1989, the EPA prohibited all new applications of asbestos but still permitted the use of products developed before that year.

Legislative efforts in the early 2000s, including the Ban Asbestos in America Act and the Bruce Vento Ban Asbestos and Prevent Mesothelioma Act, aimed to strengthen the ban on asbestos but did not succeed in becoming law.

Asbestos Bans Today

Recent developments like the Frank R. Lautenberg Chemical Safety for the 21st Century Act have given the EPA enhanced authority to regulate asbestos. The EPA’s Significant New Use Rule (SNUR) in 2019 is a step towards stricter control but has been met with mixed reactions regarding its effectiveness.

Internationally, asbestos bans are more common, indicating a growing recognition of its dangers. However, the U.S. remains an outlier in not having a complete ban, underlining the importance of continued advocacy and education about the risks of asbestos exposure.

For those interested in the current state of asbestos regulation, it’s crucial to understand the historical context and the challenges that have hindered a total ban in the United States. This information is vital for anyone looking to stay informed about asbestos-related health risks and regulatory efforts.