The (Sort Of) Ban On Asbestos

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Think asbestos use is a thing of the past? It should be…

Most people think asbestos was banned decades ago. While asbestos mining is illegal in the U.S., many products still contain the toxic mineral fiber. In fact, the U.S. imported 705 metric tons of raw asbestos last year* – an increase from previous years.

*Source: The Department of Commerce and the U.S. International Trade Commission

While legal for some uses, asbestos is heavily regulated. Below are some federal laws* regarding the use and removal of asbestos:

• The Asbestos Hazard Emergency Response Act (AHERA) • The Asbestos Information Act (AIA) • The Asbestos School Hazard Abatement

Reauthorization Act (ASHARA) • The Clean Air Act (CAA) • Safe Drinking Water Act (SDWA) • The Comprehensive Environmental Response,

Compensation and Liability Act (CERCLA) • The Toxic Substances Control Act (TSCA)

*Source: The United States Environmental Protection Agency

The EPA has battled to

limit, and ban completely,

the use of asbestos

In 1989, the EPA banned 90 percent of all products containing asbestos. However, industry interests fought back. The U.S. Fifth Circuit Court of Appeals overturned the EPAs ban, finding that the EPA failed to show that there were other, less burdensome alternatives to asbestos. The end result is that asbestos is banned in a limited number of products, as are new products that did not historically contain asbestos. Some products that still contain asbestos include: • Roofing felt • Vinyl floor tile • Disk brake pads • Gaskets • Roof coatings

The chlor-alkali industry uses the vast majority of current raw asbestos imports in the manufacturing of chlorine. This industry is vital

for numerous chemical products, including chlorine, sodium hydroxide and hydrogen.

Chlorine is used in medical devices, pharmaceuticals and swimming pools.

While some claim the process is safe, the medical community long ago established that there is no safe level

of asbestos exposure.

Asbestos remains in many products and structures. In particular, remodeling and demolition of aging buildings poses a significant hazard to workers. The majority of workers who develop mesothelioma are in construction or demolition. Leading sources of asbestos exposure include workers in:

• Shipyards • Construction sites • Factories and industrial sites

Family members can also develop mesothelioma from washing clothes contaminated with asbestos.

About 3,000 people are diagnosed with mesothelioma every year. Approximately 10,000 people or

more die each year from mesothelioma*, which does not include deaths from lung cancer

and other asbestos-related diseases.

*Source: The American Cancer Society

Why isn’t asbestos banned?

In 2016, the Toxic Substances Control Act was updated, with bipartisan support, to allow the EPA to ban asbestos.* As yet, the EPA has given no indication it will exercise its new

authority. Asbestos is currently under a risk evaluation.

Approximately 95 industrialized countries have a comprehensive ban on mining asbestos, manufacturing products with asbestos, and distributing products containing asbestos. In

2017, Brazil became the latest country to ban asbestos mining and asbestos-related products. Previously, it was responsible for 95 percent of U.S. imports of raw asbestos.

It is not clear if the U.S. will join this growing list of countries that ban asbestos.

*Frank R. Lautenberg Chemical Safety for the 21st Century Act

© 2017 Gori Julian & Associates, P.C. All Rights Reserved. Design and editorial services by FindLaw, part of Thomson Reuters.