The U.S. announced an asbestos ban. What took so long?

This week the Environmental Protection Agency announced a ban on the use of chrysotile asbestos, the most common form of asbestos still used in the United States.

Such a ban has been a long time coming, according to experts who contend that there are no safe levels of asbestos, a substance that still kills 40,000 people annually in the U.S. In all, over 50 countries have already banned the mineral, known to cause a laundry list of cancers including mesothelioma, a rare cancer of the membranes that line the lungs and abdomen. It’s also been shown to cause lung, larynx, ovarian, stomach, and colon cancer.

Earlier bills meant to ban use of asbestos were caught in a legal juggernaut for years before being largely thrown out, says EPA press secretary Remmington Belford. “EPA tried to ban asbestos 35 years ago, in 1989. In 1991, a court decision largely struck down that ban and significantly weakened EPA’s authority under the Toxic Substances Control Act (TSCA),” Belford said in an email.

That’s part of the reason that Congress decided to significantly amend TSCA in 2016 under the Obama Administration. The hope is that this time the ban will stand up in court. Still, experts say that it doesn’t go far enough. While the rule covers the most widely used asbestos fiber, it doesn’t cover all six forms. It’s focused on banning gaskets, diaphragms containing asbestos used in the production of chlorine, and some automotive products like aftermarket brakes and linings.

“I applaud that the EPA has taken a modest step forward, but no one should think this is a comprehensive ban,” says Arthur Frank, a professor of environmental and occupational health at Drexel University in Philadelphia, Pennsylvania. Frank says that countries including Australia, Canada, the European Union, Brazil, and many others have all banned asbestos, and none have done it using this type of “piecemeal approach” that doesn’t ban all forms at once.

The history of asbestos use in the U.S.

The U.S. has had difficulty parting ways with the deadly carcinogen because of the sheer number of products that asbestos has been added to over the years. Use of asbestos insulation began in 1879 and became widespread in construction, peaking in the 1970s when it was used in pipe insulation, fireproofing textile materials, gaskets, siding, vinyl tiles, roofing, piping, and even insulating the space shuttle for NASA.

Asbestos is a naturally occurring silicate mineral that resembles microscopic needle fibers. Mixing it with a host of products makes for stronger, more resistant industrial materials that hold up well against fire. Once mined all over the world, it’s now mostly produced in Russia as well as a few remaining enclaves in Kazakhstan, Zimbabwe and China. The U.S at one time got most of its asbestos from mines in Canada before it was banned there in 2018.

Inexpensive to produce, effective, and abundant—lobbying and legal efforts led by the chemical industry have slowed the process of phasing it out. While one administration may try and ban it, the next may reverse course, says Linda Reinstein, co-founder of the Asbestos Disease Awareness Organization.

The Trump Administration has consistently opposed legislation that would ban asbestos as well as excluding the other types of asbestos from EPA’s 2020 risk evaluation, later used to ban chrysotile asbestos. Reinstein, whose husband died from mesothelioma in 2005, has long advocated for an act of Congress: the Alan Reinstein Ban Asbestos Now Act of 2023, eliminates all types of asbestos from use. “This way, industry can’t go to the courts and sue to overturn a ban,” she says.

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We’ve known about the link to cancer for nearly a century; when asbestos dust gets trapped, it accumulates and causes scarring and inflammation in the body. Over time it can lead to gene mutations that cause cancer. “The reason that it’s so toxic is the same reason why we’ve long used the fibers in products, they’re highly resilient,” says Brenda Buck, a medical geologist at the University of Nevada, Las Vegas. “Once asbestos is in the body it never breaks down, it’s basically in there for life.”

How to protect yourself from asbestos 

While asbestos has been largely phased out in the U.S., legacy uses still remain in homes and can make people sick. Recognizing potential exposure is key to protecting yourself, says Buck. In older homes, and especially those built before 1970, it’s worth getting an asbestos survey to pinpoint potential hotspots. An expert can do a laboratory analysis of building materials to accurately identify those that contain the substance.

If you find that your home contains asbestos, it should be remediated professionally, which entails sealing off areas that contain asbestos to prevent contaminating the rest of the home. In some cases, this can suffice, but when products containing asbestos, like vinyl tiles or insulation, start degrading, they need to be removed. Remediation can involve encapsulating the asbestos and removing it from the building so it’s no longer a threat. If your home contains asbestos that can’t easily be removed, air purifying with HEPA filters can help reduce potentially dangerous particulate fibers from the air.

Another concern is unexpected exposure caused by natural and manmade disasters like hurricanes, earthquakes, and tornadoes that cause hazardous materials once locked within walls to be broken down and released into the air. If you’re around a natural disaster or if you’re doing your own home renovations, always wear an N95 mask to avoid what might be in the air.

The World Trade Center is one example of how quickly this exposure can lead to health effects: 400,000 people were exposed to toxic contaminants after 9/11 and an additional 5,380 people have died in the two decades since.

Massive disruptions like this put first responders, clean-up crews, and the general public at risk of exposure after a building’s structural integrity is compromised.

Buck contends that while you can’t completely eliminate your risk, you can take steps to identify possible sources and safely remove them. As a nation we’ve been slow to act, and, as a result, asbestos is still a common presence in older buildings.

“It’s been used in our environment for a really long time and it’s difficult to get rid of. While this is an important step, we’ve got a long way to go,” she says.