Since asbestos was banned, do I need to be worried about products on the market today containing asbestos?

On July 12, 1989, EPA issued a final rule under Section 6 of the Toxic Substances Control Act (TSCA) banning most asbestos-containing products in the United States. In 1991, the rule was vacated and remanded to the Fifth Circuit Court of Appeals. As a result, the Fifth Circuit Court of Appeals overturned most of the original ban in the 1989 final rule on the manufacture, importation, processing, or distribution in commerce for most of the asbestos containing product categories. Only the bans on corrugated paper, roll board, commercial paper, specialty paper, and flooring felt, and any new uses of asbestos remained banned under the 1989 rule. In April 2019 EPA issued a final rule to ensure that asbestos products that are no longer on the market cannot return to commerce without the Agency evaluating them and putting in place any necessary restrictions or prohibiting use.

In April 2022 EPA’s Proposed Ban of Ongoing Uses of Asbestos will, if finalized, protect American workers and families by prohibiting ongoing uses of the only known form of asbestos currently imported into the U.S., to address the unreasonable risk found to human health based on the December 2020 chrysotile asbestos risk evaluation. The proposed rule would prohibit manufacture (including import), processing, distribution in commerce, and commercial use of chrysotile asbestos for all ongoing uses of chrysotile asbestos. EPA is proposing this risk management rule under section 6(a) of the Toxic Substances Control Act (TSCA). This proposed rule is the first-ever risk management rule issued under the new process for evaluating and addressing the safety of existing chemicals under re-authorized TSCA.

For more information on EPA’s Asbestos Laws and Regulations go to: www.epa.gov/asbestos/asbestos-laws-and-regulations