One of EPA’s priorities is to protect the public from adverse health effects of asbestos. Actions to protect the public from exposure to asbestos under the Toxic Substances Control Act (TSCA) include the following three pieces.

1989 Partial Ban on the manufacture, import, processing, and distribution of some asbestos-containing products. EPA also banned new uses of asbestos which prevent new asbestos products from entering the marketplace after August 25, 1989. These uses remain banned. The April 2019 final rule does not provide a way for these uses to return to the marketplace.

the manufacture, import, processing, and distribution of some asbestos-containing products. EPA also banned new uses of asbestos which prevent new asbestos products from entering the marketplace after August 25, 1989. These uses remain banned. The April 2019 final rule does not provide a way for these uses to return to the marketplace. April 2019 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. The uses covered under this rule were not already prohibited under TSCA and could have returned to the market at any time.

without the Agency evaluating them and putting in place any necessary restrictions or prohibiting use. The uses covered under this rule were not already prohibited under TSCA and could have returned to the market at any time. Risk evaluation of asbestos under TSCA. EPA is reviewing a handful of very limited, still ongoing uses of asbestos. The evaluation of the risks associated with ongoing uses of asbestos is required under TSCA section 6. If EPA finds unreasonable risk, the Agency will take prompt action to address those risks.

Learn more about EPA actions to protect the public from exposure to asbestos:

April 2019 Final Rule

In April 2019 EPA issued a final rule that strengthens the Agency’s ability to rigorously review an expansive list of asbestos products that are no longer on the market before they could be sold again in the United States. This action gives EPA the authority to prohibit the use of these products or put in place restrictions to protect public health.

Under this final rule:

The public is protected from uses of asbestos that are no longer on the market and are not covered under any other laws or regulations. Products like certain asbestos vinyl floor tiles, insulation, and other building materials, as well as clothing and manufacturing products, are prohibited from being produced and sold before EPA reviews them and puts in place any necessary restrictions or prohibits use.

Products like certain asbestos vinyl floor tiles, insulation, and other building materials, as well as clothing and manufacturing products, are prohibited from being produced and sold before EPA reviews them and puts in place any necessary restrictions or prohibits use. EPA is not allowing new uses of asbestos . Persons subject to the rule are required to notify EPA at least 90 days before commencing any manufacturing, importing, or processing of asbestos or asbestos-containing products covered under the rule. These uses are prohibited until EPA conducts a thorough review of the notice and puts in place any necessary restrictions, including prohibiting use.

. Persons subject to the rule are required to notify EPA at least 90 days before commencing any manufacturing, importing, or processing of asbestos or asbestos-containing products covered under the rule. These uses are prohibited until EPA conducts a thorough review of the notice and puts in place any necessary restrictions, including prohibiting use. Uses of asbestos covered under the partial 1989 ban will remain banned. This rule keeps these prohibitions in place and would not amend them in any way. In other words, this action does not provide a means by which these prohibited products could return to the marketplace.

Examples of products prohibited from entering the market under this rule include the following. View a full list of products covered under this final rule.

Adhesives, sealants, roof and non-roof coatings

Arc chutes

Beater-add gaskets

Cement products

Extruded sealant tape and other tape

Filler for acetylene cylinders

Friction materials

High grade electrical paper

Millboard

Missile liner

Packings

Pipeline wrap

Reinforced plastics

Roofing felt

Separators in fuel cells and batteries

Vinyl-asbestos floor tile

Woven products

Other building products

The final rule is effective on June 24, 2019.

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Banned Uses of Asbestos

Under the 1989 rule Asbestos: Manufacture, Importation, Processing, and Distribution in Commerce Prohibitions (54 FR 29460, July 12, 1989) (FRL-3476-2), five uses of asbestos and any “new use” – defined by that rule as uses of asbestos for which the manufacture, importation, or processing would be initiated for the first time after August 25, 1989 – are banned in the United States.

The manufacture, importation, processing, and distribution of the following asbestos-containing products are banned under TSCA.

Corrugated paper

Rollboard

Commercial paper

Specialty paper

Flooring felt

New commercial uses that begin after August 25, 1989

Under the Clean Air Act (CAA), the following asbestos-containing uses are banned.

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.

Under the Consumer Product Safety Act (Consumer Product Safety Commission), asbestos in artificial fireplace embers and wall patching compounds are banned. Under the Food and Drug Administration (FDA), asbestos-containing filters in pharmaceutical manufacturing, processing and packing are banned.

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Risk Evaluation Under TSCA

Understanding the health risks of asbestos and importance of protecting the public from these risks, asbestos was one of the first ten chemicals selected by EPA to undergo risk evaluation under TSCA. EPA’s risk evaluation of asbestos includes a handful of very limited, still ongoing uses in the U.S:

Asbestos diaphragms

Sheet gaskets

Oilfield Brake Blocks

Aftermarket Automotive brakes/linings

Other vehicle friction products

Other gaskets

If EPA finds unreasonable risk, EPA will take prompt action to address those risks which could include restricting or banning other asbestos uses in products. The risk evaluation and subsequent steps will ensure that asbestos uses in products not covered by the 1989 partial ban or the April 2019 final rule are evaluated. EPA is committed to a transparent and open process to finalize the asbestos risk evaluation using sound science on the timetable established by Congress.

Learn more about the asbestos risk evaluation.

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Regulatory History

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