What Is Banned?

The US EPA banned US manufacturing, importation, processing or selling of many products containing asbestos in 1989. However, the so-called "Asbestos Ban and Phaseout Rule" was appealed by interested corporations, and in 1991 most of the ban rule was remanded by the U.S. Fifth Circuit Court of Appeals (1).

EPA regulation of asbestos-containing products as they exist today fall under the authority of two different laws: the Toxic Substances Control Act, which was the authority for the original Asbestos Ban and Phaseout Rule, and the Clean Air Act. In addition, the U.S. Consumer Product Safety Commission also bans certain consumer products.

The Toxic Substances Control Act (TSCA) bans asbestos-containing corrugated paper, rollboard, commercial paper, specialty paper, flooring felt, and new uses of asbestos (2). These items were banned in the initial Asbestos Ban and were allowed by the U.S. Fifth Circuit Court of Appeals in 1991.

The Clean Air Act (e.g. Asbestos National Emission Standards for Hazardous Air Pollutants, or NESHAP) as revised in 1990, specifically bans the sprayed- on surfacing materials that contain more than 1% asbestos unless the material is encapsulated and not friable after drying. This type of surfacing had previously been used for fireproofing or insulation, and in some cases for decorative surfacing.

The Clean Air Act/NESHAP also bans wet-applied or pre-formed asbestos pipe insulation, and pre-formed asbestos block insulation on boilers and hot water tanks.

The U.S. Consumer Products Safety Commission (CPSC) bans two types of consumer products. The first is asbestos-containing patching compounds. These may include spackling compounds, tape joint compounds and other mixtures used to repair imperfections in drywall and other surfaces. They may be in paste or dry form, and are commonly known as "joint cement" or "tape joint mud".

The CPSC also bans asbestos-containing simulated embers or ashes that are used with artificial logs in gas-burning fireplaces. These glow to give the appearance of real embers, and may be sprinkled or glued on gas logs, or sprinkled underneath (3).

The EPA does NOT track the manufacture, processing, or distribution in commerce of asbestos-containing products (1). There are some asbestos-containing materials still legally manufactured in the U.S. These are required to be clearly labeled. However, because of the North America Free Trade Act (NAFTA), some asbestos-containing products that are banned in the U.S. yet still made in Mexico and Canada may be available in the U.S. In addition, in certain cases there may be materials still on shelves that were manufactured in the U.S. before the bans were put in place. If you have any doubt about whether or not a material in your home contains asbestos, you can have it sampled and tested by a professional service.

'What Is Banned' Sources:

  • U.S. Environmental Protection Agency.  "Continuing Restrictions on Certain Asbestos-Containing Products." Federal Register 58, 213:58964 (November 1993).
  • U.S. Environmental Protection Agency. "EPA Asbestos Materials Ban: Clarification." (May 1999). http://www.epa.gov/asbestos/pubs/asbbans2.pdf 12 July 2007.
  • U.S. Consumer Product Safety Commission. "Bans of Consumer Patching Compounds and Artificial Emberizing Materials Containing Respirable Free-Form Asbestos. 16 CFR Parts 1304 and 1305 (August 2002). http://www.cpsc.gov/BUSINFO/regsumasbestos.pdf 12 July 2007.