Understanding the 2024 EPA Ban on Asbestos
Recently, the Environmental Protection Agency (EPA) issued a news release announcing a groundbreaking ban on the remaining new uses of asbestos. The ban includes products that contain chrysotile asbestos used in certain industries such as asbestos diaphragms, sheet gaskets, brake blocks, aftermarket automotive brakes/linings, and other gaskets. Asbestos exposure is a known cause of lung cancer, asbestosis, which damages the lungs, and mesothelioma, a rare cancer of the chest and stomach lining.
What does this new ban entail? The remaining forms of asbestos-containing products, used until 2024, will be phased out within the next five years.
So, what does this new ban mean for built environments? To answer this, let's first take a look at the EPA’s prior restrictions on asbestos use.
Asbestos: A Historical Perspective
The EPA and Consumer Product Safety Commission (CSPC) started banning the use and installation of different forms of asbestos-containing products in the 1970s. Examples of these types of asbestos bans include:
Spray-applied materials banned in the early 1970s
Thermal systems insulation banned in the mid 1970s
Spray-applied textures and joint compounds banned in the late 1970s
In 1989, the EPA attempted to ban asbestos in remaining asbestos-containing products (special-use gaskets, brakes, etc.) altogether in the United States. However, the fifth court of appeals in Louisiana overruled this decision, allowing its regulated use to continue. Now, after more than 30 years, the EPA has once again revisited this issue and a phase out ban is now in place for the use of asbestos in these remaining products. This means industries using these remaining asbestos-containing products must find new, safer substitutes.
What does the EPA ban mean for asbestos in your facility?
While this ban mainly affects manufacturers and product importers by prohibiting them from producing and selling asbestos-containing products within the U.S., in general, it also re-emphasizes the importance of due diligence and awareness for building owners and employers. If your building was built between the 1920s and 1980, it likely contains some form of asbestos.
The new ban does not automatically ensure that newly constructed buildings or renovations are free of in-place or installed asbestos hazards. Some contractors or worksites may still have stockpiles of older, asbestos-containing materials that they continue to use.
Here are ways to ensure an asbestos-free new construction or renovation:
For architects, the first line of defense is to clearly specify in their drawings that no asbestos-containing material shall be used in the construction project. This is a vital step in curbing the use of asbestos-containing materials in new buildings or renovations.
To further ensure compliance, a third-party environmental consultant should confirm that the building materials are not asbestos-containing with the supplier or manufacturer. They can also collect samples of the building materials to be analyzed for asbestos content from a properly accredited laboratory. These steps are critical because asbestos can still unwittingly make its way onto a job site.
Although the new ban may not directly impact building owners with in-place asbestos-containing building materials, it serves as a reminder that diligent management of asbestos is vital. Through awareness, understanding, and proactive action, we can navigate these changes to ensure the safety of our buildings, occupants, and workspaces.
For more information, please refer to the following resources: