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On March 18, 2024, the Biden administration finalized a rule to ban the use of chrysotile asbestos. While the new ban allows for a 12-year phase-out period and doesn't explicitly ban all types of asbestos, advocates say it's a major milestone and step in the right direction.
Written by Joe Lahav, Esquire | Legally Reviewed By William A. Davis | Edited By Walter Pacheco | Last Update: August 14, 2024
Asbestos is not fully banned in the United States. In March 2024, the Biden administration finalized a ban on chrysotile asbestos. But companies are allowed a phase-out period of up to 12 years to continue using the material for certain manufacturing processes.
Chrysotile asbestos is mostly imported into the U.S. for use in the chlor-alkali industry. The new ban doesn’t apply to all types of asbestos.
Nearly 114 metric tons of asbestos were imported in the first three months of 2022, according to the United States International Trade Commission. This exceeds the 100 metric tons imported in all of 2021. Although imports continue, asbestos has not been mined in the U.S. since 2002.
OSHA defines asbestos-containing materials as any material that contains more than 1% asbestos. This means any material can be labeled asbestos-free if asbestos accounts for less than 1% of the product.
We know for certain that all forms of asbestos can cause mesothelioma, lung cancer and asbestosis. As early as the 1960s, Dr. Irving J. Selikoff conclusively linked asbestos to certain diseases, including mesothelioma and lung cancer, providing the evidence needed to counteract the substantial influence of the asbestos industry.
Throughout the 1970s and 1980s, the U.S. government implemented legislation regulating the use of asbestos. Asbestos use dwindled in most industries by the late 1970s.
Limits on asbestos and other toxic pollutants were enacted following the passage of the Toxic Substances Control Act of 1976. Other factors, such as demands by organized labor and trade groups for safer work environments, also contributed to the steep decline in asbestos use as manufacturers sought other alternatives.
Banned asbestos products in the U.S. include spray-applied asbestos, asbestos wall patching compound, asbestos artificial embers, asbestos filters in pharmaceuticals, and the six products included in the partial 1989 ban. Friable asbestos pipe and block insulation are banned only on facility components.
In July 1989, the U.S. Environmental Protection Agency announced the Asbestos Ban and Phase-Out Rule, which would have imposed a full ban on the manufacturing, importation, processing and sale of asbestos-containing products. The ABPR ignited a fierce counterattack from the asbestos industry.
Asbestos product manufacturers filed a lawsuit against the EPA and the United States Court of Appeals for the Fifth Circuit overturned the ban in October 1991. The court said the agency failed to demonstrate that a ban was the “least burdensome alternative” to regulating asbestos. Guided by the George H.W. Bush Administration, the agency didn’t appeal the ruling.
The EPA received clarification from the court that the ban could apply to asbestos products that were not being manufactured, processed or imported on July 12, 1989. It was determined that six categories of asbestos-containing products fit that classification.
The ABPR followed an announcement in 1980 from the National Institute for Occupational Safety and Health that “All levels of asbestos exposure studied to date have demonstrated asbestos-related disease … there is no level of exposure below which clinical effects do not occur.”
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Get Your Free GuideSince the overturning of the Asbestos Ban and Phase-Out Rule, lawmakers have made several other attempts to ban asbestos. In the past, Lobbyists for the chemical production and construction industries have also worked to block the passage of these acts.
The future of a comprehensive ban on all types of asbestos remains unclear. In part 1 of the EPA’s risk evaluation for asbestos, the agency found unreasonable risks to human health for ongoing uses of chrysotile asbestos, which led to the 2024 chrysotile ban.
The agency released a draft of part 2 of the evaluation, which covers legacy asbestos and the other types of the mineral, in April 2024. It found unreasonable risks for exposure to legacy asbestos and is in the process of accepting public feedback to develop actions to protect the public. Public health advocates continue to advocate for a full ban on all types of asbestos to avoid loopholes that could lead to exposure.
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Get Help NowAnti-asbestos advocate Laurie Kazan-Allen, who is based in the U.K., as well as several occupational health specialists and other advocates around the world, founded the International Ban Asbestos Secretariat in 1999. The secretariat remains a leading voice in the fight to ban asbestos worldwide.
It would be great if every country banned asbestos. But the full extent of the success in outlawing asbestos can be seen not only by the number of ban countries, but by the countries which choose not to use asbestos.
In 1999 and 2010, the secretariat called for an international ban on all types of asbestos. While an international ban would require a lot of cooperation between countries with opposing interests, the effort would put an end to the legacy of asbestos-related disease.
In 1983, Iceland was the first country to ban all types of asbestos. Other countries followed suit, including Sweden, Denmark, Norway, Austria and Finland, in the 1980s and 1990s. These initial bans laid the groundwork for further global efforts to ban asbestos.
Since 2005, the World Health Organization has fought for a worldwide ban to combat the growing number of mesothelioma cases and other asbestos-related diseases. In 2013, the WHO introduced a global action plan aiming to end asbestos use in the organization’s 190 nations and states by 2020. Unfortunately, it was never adopted.
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Lahav, J. (2024, August 14). Asbestos Ban in the US. Asbestos.com. Retrieved September 17, 2024, from https://www.asbestos.com/mesothelioma-lawyer/legislation/ban/
Lahav, Joe. "Asbestos Ban in the US." Asbestos.com, 14 Aug 2024, https://www.asbestos.com/mesothelioma-lawyer/legislation/ban/.
Lahav, Joe. "Asbestos Ban in the US." Asbestos.com. Last modified August 14, 2024. https://www.asbestos.com/mesothelioma-lawyer/legislation/ban/.
A mesothelioma lawyer who specializes in asbestos litigation reviewed the content on this page to ensure it is legally accurate.
Please read our editorial guidelines to learn more about our content creation and review process.
William A. Davis is an attorney specializing in complex commercial litigation, with an emphasis in health care disputes, at a firm he founded in Washington, D.C. He also serves as senior counsel at The Peterson Firm.
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