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U.S. Federal Bans on Asbestos

Banned products and uses

Under the Toxic Substances Control Act (TSCA): Banned Manufacture, Importation, Processing and Distribution in Commerce of Certain Asbestos-containing Products

  • Corrugated paper
  • Rollboard
  • Commercial paper
  • Specialty paper
  • Flooring felt

In addition, the regulation continues to ban the use of asbestos in products that have not historically contained asbestos, otherwise referred to as “new uses” of asbestos.

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Under the Clean Air Act (CAA): Banned Asbestos-containing Uses

  • Asbestos pipe insulation and asbestos block insulation on facility components, such as boilers and hot water tanks, if the materials are either pre-formed (molded) and friable or wet-applied and friable after drying.
  • Spray-applied surfacing asbestos-containing materials
    Spray-on application of materials containing more than 1% asbestos to buildings, structures, pipes, and conduits unless certain conditions specified under 40 CFR 61, Subpart M are met.

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Under the Consumer Product Safety Act (Consumer Product Safety Commission): Banned Products

  • Asbestos in artificial fireplace embers and wall patching compounds

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Examples of asbestos-containing products not banned

The manufacture, importation, processing and distribution in commerce of these products, as well as some others not listed, are not banned.

  • Cement corrugated sheet
  • Cement flat sheet
  • Clothing
  • Pipeline wrap
  • Roofing felt
  • Vinyl floor tile
  • Cement shingle
  • Millboard
  • Cement pipe
  • Automatic transmission components
  • Clutch facings
  • Friction materials
  • Disk brake pads
  • Drum brake linings
  • Brake blocks
  • Gaskets
  • Non-roofing coatings
  • Roof coatings

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Regulatory history of asbestos bans

  • In 1973, EPA banned spray-applied surfacing asbestos-containing material for fireproofing/insulating purposes. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M
  • In 1975, EPA banned installation of asbestos pipe insulation and asbestos block insulation on facility components, such as boilers and hot water tanks, if the materials are either pre-formed (molded) and friable or wet-applied and friable after drying. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M
  • In 1978, EPA banned spray-applied surfacing materials for purposes not already banned. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M
  • In 1977, the Consumer Product Safety Commission (CPSC) banned the use of asbestos in artificial fireplace embers and wall patching compounds. (See 16 CFR Part 1305 and 16 CFR 1304)
  • In 1989, the EPA issued a final rule under Section 6 of Toxic Substances Control Act (TSCA) banning most asbestos-containing products. However, in 1991, this rule was vacated and remanded by the Fifth Circuit Court of Appeals. As a result, most of the original ban on the manufacture, importation, processing, or distribution in commerce for the majority of the asbestos-containing products originally covered in the 1989 final rule was overturned.
    See 40 CFR 763 Subpart I.


    Asbestos Ban and Phase-Out Federal Register notices

    Asbestos-containing products that remain banned

    Examples of Asbestos-containing products not banned (i.e, products no longer subject to the 1989 TSCA ban because it was overturned)

  • In 1990, EPA prohibited spray-on application of materials containing more than 1% asbestos to buildings, structures, pipes, and conduits unless certain conditions specified. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR 61, Subpart M are met.

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