Why Did It Take So Long for the US to Ban Asbestos?

The federal Environmental Protection Agency (EPA) announced a partial ban on using chrysotile asbestos, the most common form of the mineral fiber still used in the US, in March. Given its dangers, which have been known for more than a century, and millions of Americans who have died after being exposed to it, why did the ban take so long?

More than 50 countries banned it before we did. It causes a long list of cancers, including mesothelioma, a rare cancer of the membranes that line the lungs and abdomen. Heavy asbestos exposure can also result in asbestosis, which gradually robs a person of their ability to breathe.

The total number of occupational deaths caused by asbestos during the 20th century may be on the order of 17 million, reports American Scientific, with another two million fatalities due to nonoccupational exposure.

The Federal Government Started Limiting Asbestos Products in the 1970s

Efforts to regulate and remove particular asbestos-containing products in the US started in the 1970s. The EPA’s efforts include the following:

• 1973: A ban on spray-applied insulation and fireproofing
• 1975: A ban on the installation of pipe and block insulation on boilers and hot water tanks if the material is pre-formed or wet-applied and friable after drying
• 1978: A ban on spray-applied materials not previously banned
• 1990: A ban on spray-on materials with more than 1% asbestos for buildings, structures, conduits, and pipes unless certain conditions were met
• 2019: A ban on the reintroduction of discontinued asbestos products without the agency evaluating them and creating restrictions or prohibitions

In 1977, the Consumer Product Safety Commission banned using asbestos in wall patching compounds and artificial fireplace embers.

Starting in the 1960s, research about the health dangers of asbestos became publicized. It was not only government intervention that lessened the demand for asbestos products, but buyers started seeking alternative and presumably safer products.

Efforts to Ban Asbestos Stop and Start Again for More Than 30 Years

The EPA tried to ban asbestos in general in 1989. Two years later, a federal appellate court ruling struck down that ban and weakened the agency’s ability to do so through the Toxic Substances Control Act (TSCA). The fate of the current partial ban isn’t certain because it’s also the subject of a legal challenge.

National Geographic reports that the 1991 decision was a reason Congress amended the TSCA in 2016 with the intent that an asbestos ban would survive another court challenge. On one side, companies wanting to continue to profit from asbestos, despite the sicknesses and deaths it causes, are suing to maintain their use, while on the other hand, the ban’s critics claim it doesn’t go far enough.

The chemical industry’s legal and lobbying efforts have slowed the most recent efforts to phase out the country’s asbestos use. Another issue is changes at the White House, where one administration may try to ban asbestos while the next will reverse course.

The New Rule is a Partial, Not a Total Ban on Asbestos Use

The ban doesn’t cover all forms of asbestos and it’s focused on banning gaskets and diaphragms with asbestos that are used to produce about a third of chlorine used in US water treatment plants. It’s piecemeal, not a comprehensive approach that other countries have taken.

A ban on asbestos use in oilfield brake blocks, aftermarket vehicle brakes and linings, and other gaskets will go into effect in September, barring a successful legal challenge, according to NBC News. A ban on sheet gaskets with asbestos will go into effect in two years, but there’s an exception for those used to produce titanium dioxide and process nuclear material, which would be banned in five years.

The US Department of Energy’s Savannah River Site in South Carolina will be able to use asbestos-containing sheet gaskets until 2037. The facility works to dispose of nuclear materials safely.

Call Us Today For A Free Consultation

Those with mesothelioma or other asbestos-related illnesses may be entitled to compensation. To discuss your situation and how Satterley & Kelley, PLLC can help, call our Louisville office toll-free at 855-385-9532. You may also complete our contact form to schedule a free initial consultation.