Asbestos Legislation: History, Laws, and Regulations
Asbestos regulations have been imposed by the EPA, OSHA, and state regulators to minimize the release of asbestos fibers into the environment and protect public health. Large corporations have fought against regulation for nearly a century to continue profiting from this harmful substance.
- Content Reviewed by:
- Darron E. Berquist
- Page Last Updated:
- March 2, 2026
The Importance of Asbestos Regulation: Health and Legal Implications
Asbestos products were widely used in countless applications throughout much of the 20th century, and we now know there’s no safe level of exposure. Asbestos exposure can lead to serious diseases like mesothelioma, asbestosis, lung cancer, and ovarian cancer, so preventing further asbestos use and properly managing existing sources is key to public safety.
While regulations have phased out most asbestos use in the United States, there is still no complete federal ban on asbestos use. Certain industrial uses of asbestos are still being phased out, and many older buildings and materials still contain asbestos, continuing to threaten public health.
History of Asbestos Legislation in The United States
Asbestos companies were aware that the mineral was dangerous for much of the 20th century, yet they continued to manufacture asbestos-containing products and buried information on its health risks. When the danger of asbestos became public knowledge, these companies began facing billions of dollars in legal liabilities, and regulations on asbestos production began to slowly take shape.
The Environmental Protection Agency was established in 1970 in response to growing concerns about pollution and its harmful effects on the environment. The EPA exercises most of the federal regulatory authority over environmental pollutants such as asbestos. Since its creation, several landmark laws and regulations have been enacted to regulate asbestos use.
Here is a chronological timeline of legislation that has impacted asbestos manufacturing and use:
1970: The Clean Air Act
The Clean Air Act is a comprehensive set of laws to control hazardous emissions, most notably the National Emission Standards for Hazardous Air Pollutants, or NESHAP, a program specifically established to regulate toxic air pollutants, also known as air toxins.
The Clean Air Act has evolved over the years to expand its scope, with the last revision occurring in 1990.
1971: OSHA Sets Maximum Permissible Exposure Limit, or PEL
In 1971, OSHA set an emergency asbestos standard, establishing a maximum permissible exposure limit, or PEL, of five fibers per cubic centimeter over an eight-hour weighted average workday, with a maximum PEL at any time of 10 fibers per centimeter.
In 1972, OSHA finalized the PEL. As more information about the dangers of asbestos came to light, the PEL has been reduced over the years as follows:
- 1976 – 2 fibers per cubic centimeter
- 1986 – 0.2 fibers per cubic centimeter
- 1994 – 0.1 fibers per cubic centimeter
1973: Asbestos NESHAP
Asbestos was among the first toxins to be regulated under NESHAP. In 1973, the EPA adopted Asbestos NESHAP regulations to minimize the release of asbestos fibers into the air.
1976: The Toxic Substances Control Act, or TCSA
The TCSA gives the EPA authority to regulate chemical substances, including asbestos. The EPA can require reporting, recordkeeping, and testing. It can also impose restrictions. The TCSA also regulates the manufacture, import, and disposal of toxic substances.
1980: The Comprehensive Environmental Response, Compensation, and Liability Act, or CERCLA
Also known as the Superfund law, CERCLA established a tax on the chemical and petroleum industries and provided broad federal authority over the release of hazardous substances. The taxes collected are allocated to a trust fund for cleaning up hazardous waste sites.
This law also established liability for releasing hazardous waste at cleanup sites and authorized short-term removals and long-term remedial action.
1984: Asbestos School Hazard Abatement Act
Congress passed the Asbestos School Hazard Abatement Act of 1984 in response to the widespread use of asbestos-containing materials in school buildings throughout the U.S. The law charged the EPA with creating a program to fund and aid state and local efforts to identify and remove asbestos from schools. It also protected educational employees from retaliation for reporting asbestos.
1986: The Asbestos Hazard Emergency Response Act, or AHERA
AHERA established federal regulations requiring schools to perform asbestos inspections and take appropriate action when asbestos risks are identified. The act also requires schools to implement management plans and take measures to abate asbestos deemed hazardous.
The law allows asbestos to remain in place unless it has been disturbed, at which point it becomes a hazard.
1988: The Asbestos Information Act
The Asbestos Information Act requires those who manufacture or process asbestos to report it to the EPA, and for the EPA to make the information public.
1989: Asbestos Ban and Phase Out Rule
The 1989 Asbestos Ban issued by the EPA restricted the use of a majority of asbestos-containing products. However, the asbestos industry fought hard against this ban. In 1991, the U.S. Court of Appeals for the Fifth Circuit sided with the asbestos companies. It reversed most of it, undermining the EPA’s authority under the Toxic Substances Control Act and making it difficult for the EPA to ban any chemicals.
As a result of the ruling, the EPA was only allowed to ban new commercial uses that would begin after August 25, 1989, and the following asbestos-containing products:
- Corrugated paper
- Commercial paper
- Specialty paper
- Rollboard
- Flooring felt
Recent Developments in U.S. Asbestos Laws and Regulations
The 21st century has seen further action taken against asbestos use in the U.S. Here are some recent legal and regulatory developments concerning asbestos products:
2016: The Lautenberg Chemical Safety Act and TSCA Reform
The EPA’s authority to regulate harmful air pollutants remained severely limited for approximately 25 years until the passage of the Lautenberg Chemical Safety Act. The passage of this act re-establishes the EPA’s authority under the TCSA.
Under this act, the EPA is required to evaluate existing chemicals within enforceable deadlines and approve new chemicals before they can enter the marketplace. This oversight provides the following benefits:
- Increases public transparency about hazardous chemicals
- Empowers the EPA to carry out these responsibilities
- Provides funding, enabling the EPA to carry out these responsibilities
2019: The EPA Issues a Significant New Use Rule for Asbestos
The EPA quickly capitalized on its new authority under the Lautenberg Chemical Safety Act and issued a final rule prohibiting all discontinued uses of asbestos from re-entering the marketplace without EPA review and approval.
In addition to the products banned in 1989, this significant new use rule, or SNUR, also restricts the following asbestos-containing products:
- Adhesives, sealants, and coatings
- Cement products
- Friction materials
- Millboard
- Pipeline wrap
- Woven products
- Other building materials
However, critics claimed the SNUR didn’t go far enough to meaningfully prevent the future use of these asbestos-containing products. The Asbestos Disease Awareness Organization, or ADAO, claimed the rule does not apply to raw asbestos and other imports, and gives the EPA discretion to allow manufacturers to reintroduce asbestos products.
April 2022: Proposed Final Rule Banning Chrysotile Asbestos
The EPA proposed a risk management rule under the Lautenberg Chemical Safety Act that would ban chrysotile asbestos imports, manufacture, processing, distribution in commerce, and commercial use in six categories of asbestos products:
- Asbestos diaphragms used in the chlor-alkali industry
- Sheet gaskets
- Aftermarket auto brakes and linings
- Oilfield brake blocks
- Vehicle friction products
- Other gaskets
The law would also update disposal and recordkeeping requirements to meet current regulatory standards. Chrysotile asbestos is used exclusively in the chlor-alkali industry.
March 2024: Chrysotile Asbestos Banned in the U.S.
The EPA announced a final rule banning ongoing uses of chrysotile asbestos in the United States. Our national mesothelioma law firm‘s dedicated asbestos attorney, Manny Cabrera, addresses the recent EPA ban.
Transcript:
Hi, my name is Manny Cabrera, and I’m an attorney at the Lanier Law Firm. I just want to talk to you a little bit about the recent EPA rule that has come out banning asbestos.
Specifically, the EPA is banning chrysotile asbestos, which is just one of six different types of asbestos and the one that’s only being imported and used here in the United States. Now, chrysotile asbestos is still being used to make automotive friction blocks and clutches, as well as gaskets, and it’s also used in the production of chlorine bleach. So, this is the kind of thing that is still being used out there and exposing people to asbestos.
Now, the reason why this is important is because while it’s still being used, it can still expose you to this carcinogen and make you sick in different ways. Now, the different ways you can get sick are, of course, cancer, such as mesothelioma, lung cancer, ovarian cancer, and you can also get asbestosis, which is a different kind of lung disease.
One of the reasons why this is really important is because, as attorneys, we’ve been fighting this fight for a long time, and asbestos has been getting chipped away from the commercial market for a long time, but little by little by little.
Of course, we’re going to continue to do what we’ve been doing and try to hold these companies accountable for what they’ve done. And of course, this doesn’t mean that just because asbestos has been phased out or is going to go away, it doesn’t mean that people are going to stop getting sick because one of the things that happens with asbestos is that there’s a latency in the sickness. So, just because you were exposed yesterday doesn’t mean you’re going to get sick the next day. It’s going to take years, if not decades, for you to show these symptoms.
So, it’s still going to be at least 20, 30, or even 40 years before we see some sort of decline in those numbers that you would otherwise see had this not happened by the EPA.
Now, we of course wish that this would be a complete and total ban, but that may be what’s coming next. The EPA is still looking into what’s called legacy uses. So, sometimes what happens is that there are a lot of buildings that are still really old and still have asbestos in them, and they haven’t been torn down or haven’t had the asbestos taken out, and they’re going to look at some of those uses.
They’re also going to take a look at the asbestos contamination in talc, and so this is not the last time we’re going to hear from the EPA regarding asbestos. We’re going to be on the lookout for that to make sure that they’re going in the right direction and that this is something they can finally and forever get rid of from this country, and many, you know, hopefully other countries will follow suit as well.
April 2024: EPA Risk Evaluation for Asbestos and Legacy Uses
In November 2024, the EPA released the second part of its asbestos risk evaluation, which looked into “legacy uses” of asbestos, meaning older materials and components still in use despite no longer being in production. This “Part 2” review, which began in April 2024, also included all six types of asbestos fiber, whereas the earlier evaluation examined only chrysotile asbestos.
The evaluation confirmed that legacy asbestos materials still pose a major safety risk when moved or disturbed, highlighting the need for further action and new rules ensuring their proper removal.
December 2024 - November 2025: Asbestos Testing for Talc Cosmetics
In December 2024, the Food and Drug Administration proposed a rule that would mandate asbestos testing for cosmetic products that contain talc. Talc products have exposed customers to asbestos for decades because industry-standard voluntary testing methods are flawed and ineffective.
The proposed rule would require that all talc products be tested using two microscopy methods, both of which are necessary to conclusively detect asbestos. The rule would also eliminate tolerance thresholds for asbestos content, making it illegal to sell any product containing asbestos.
However, the proposed rule was withdrawn in November 2025, and the fight to tighten controls and testing for asbestos in talc continues.
State Laws on Asbestos
State laws govern the inspection and removal of asbestos from residential dwellings and commercial buildings. These laws typically require building contractors working on older buildings to inspect facilities at specified intervals and remove asbestos when inspections reveal it poses a health hazard.
State laws also govern the licensing requirements and qualifications of businesses and individuals who inspect and remove asbestos. While the EPA regulates removal and disposal processes, individual states may also pass laws to augment these requirements.
You can find state-specific information on asbestos and mesothelioma litigation and legislation in the section below:
Frequently Asked Questions About Asbestos Law
Is Asbestos Banned in the U.S.?
The proposed final rule, if approved, will essentially ban asbestos. Until now, asbestos has remained legal because large corporations that profit from asbestos have fought to keep it legal. This is because corporate executives think with their wallets.
The asbestos industry has an almost 100-year history of concealing the dangers of asbestos to avoid regulations and continue to profit. These corporations prevailed against the EPA after the 1989 asbestos ban, and they can be expected to continue their fight to profit from a product that kills thousands of people every year.
Which Asbestos Products Are Still in Use?
The use of asbestos in the United States has declined markedly since the 1970s, when its dangers became widely known. It is primarily used today in diaphragms for the production of chlorine.
The Agency for Toxic Substances and Disease Registry, or ATSDR, acknowledges that asbestos is still commercially used in the following products:
- Certain automobile brake pads and clutches
- Corrugated sheeting
- Imported cement pipe
- Roofing materials
- Vinyl flooring tiles
When Did Asbestos Regulations Start?
Asbestos regulations started in earnest in 1970 with the creation of the EPA and the passing of the Clean Air Act. Over the next decade, OSHA would set a maximum exposure limit for workers, the EPA would label asbestos as a hazardous air pollutant, and the Toxic Substances Control Act would give the EPA further power to regulate asbestos.
What Are the Current Asbestos Regulations?
The powers granted to the EPA by the Clean Air Act and Toxic Substances Control Act continue to help protect the public from asbestos exposure.
Following the EPA’s 2019 final rule on asbestos, all discontinued uses of asbestos products are blocked from being reintroduced without the EPA’s approval. All uses of chrysotile asbestos, the most common form, are banned as of another EPA rule finalized in March 2024.
OSHA and the Consumer Product Safety Commission also set regulations on manufacturing and workplace safety that limit public asbestos exposure.
Can I Sue for Asbestos Exposure?
Yes, you can file a lawsuit for asbestos exposure if you’ve been diagnosed with a related disease such as mesothelioma, lung cancer, ovarian cancer, or asbestosis. If you have any of those conditions, the award-winning asbestos litigation lawyers at The Lanier Law Firm can help you pursue the compensation you deserve.
Contact us online or call (800) 723-3216 today to schedule a free consultation.
