Asbestos use is regulated at both the federal and state levels. Some of these regulations include laws passed by Congress, as well as rules developed by agencies such as the Environmental Protection Agency (EPA) and the Occupational Safety & Health Administration.
Key Points about Asbestos Legislation
- Asbestos is not banned, but it is heavily regulated by state and federal laws.
- The key regulatory agencies are the Environmental Protection Agency (EPA), Occupational Safety & Health Administration (OSHA), and the Consumer Product Safety Commission (CPSC).
- The primary laws relating to asbestos are the Toxic Substances Control Act (TSCA), Clean Air Act, and Safe Drinking Water Act.
- Other laws and agencies may have an impact on certain aspects of asbestos regulation.
Federal Agencies that Regulate Asbestos
The responsibility of hammering out the details of federal rules and enforcing them is given to various federal agencies.
Environmental Protection Agency (EPA)
The EPA is responsible for keeping the environment clean – not just the wild outdoor spaces, but also indoor environments, water, and other factors. When it comes to asbestos, the EPA uses its authority to asbestos in schools, workplaces, air, and new products.
Occupational Safety & Health Administration / Mine Safety & Health Administration
These organizations regulate safety in the workplace, with MSHA covering mines and OSHA covering all other jobsites (including factories, construction sites, and office buildings). Both OSHA and MSHA set air quality levels and require employers to limit exposure to asbestos.
Consumer Product Safety Commission (CPSC)
The CPSC oversees safety in consumer products, including products that may contain asbestos. The CPSC has specifically banned asbestos in certain products, textured paints, patching compounds, and other things that can result in asbestos becoming airborne.
Federal Asbestos Legislation
The federal agencies above receive their authority from bills passed by Congress and signed into law by the president.
Toxic Substances Control Act (TSCA)
First passed in 1976, the TSCA gives the EPA authority to regulate how chemicals are manufactured, used, and employed, including toxic materials like asbestos. Claiming authority under the TSCA, the EPA banned asbestos in the 1980s, but that ban was challenged in court and ultimately overturned in the early 1990s. In recent years, the TSCA has been considered somewhat ineffective, and many people have called for it to be updated.
In June 2016, that update came when President Obama signed the Frank R. Lautenberg Chemical Safety for the 21st Century Act. The Lautenberg Act required the EPA to review potentially dangerous substances and provide safety recommendations. In December 2016, the EPA released a list of the first ten chemicals it is reviewing, and asbestos was on that list. However, it will likely still be years before the EPA is able to complete its review and provide final recommendations on asbestos.
Clean Air Act
Congress originally passed the Air Pollution Control Act in 1955, and then eight years later updated it with the Clean Air Act in an effort to control the amount of air pollution throughout the country. The act has been revised at various times, including in 1970, 1977, and 1990.
The Clean Air Act gives the EPA general responsibility for protecting and improving air quality. To do this, the EPA establishes air quality standards for emissions and air pollutants, including friable materials such as asbestos, which can easily become airborne. The Clean Air Act specifically lists asbestos in §7412(b)(1).
Safe Drinking Water Act (SDWA)
As with the Clean Air Act, the EPA has authority under the Safe Drinking Water Act to set standards for public drinking water quality. The SDWA was first passed in 1976 in an effort to update regulations around public health. It is the primary legislation that oversees drinking water quality at the federal, state, and municipal levels, and it has been updated twice, once in 1986 and again in 1996.
One of the SDWA’s requirements is for the EPA to establish standards around the levels of inorganic material in drinking water. This includes natural but potentially harmful materials like asbestos.
James Zadroga 9/11 Health & Compensation Act and Reauthorization Act
The terrorist attacks in 2001 spread a massive amount of asbestos around Manhattan and nearby areas. Signed into law in 2011, The Zadroga Act provides funding for first responders who have developed health issues due to their search and rescue efforts on 9/11. The act covers more than 50 different types of cancer, including mesothelioma.
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
CERCLA gives the EPA authority to require sites contaminated with hazardous materials or waste be cleaned up. These sites have been dubbed “Superfund” sites based on name of the program established to oversee their cleanup. Several Superfund sites have been established to clean up asbestos contamination, including sites in Libby, Montana; the naval air station in Pensacola, Florida; Ambler, Pennsylvania; Fike Chemical in West Virginia; a dry dock shipyard in Tacoma, Washington; and George Air Force Base in Victorville, California.
School-Related Asbestos Laws
Over the years, Congress has passed several pieces of legislation that apply to asbestos in schools. One of these, the Asbestos Hazard Emergency Response Act (AHERA) required school administrators to inspect school buildings for asbestos-containing materials and to use accredited asbestos specialists when expanding, renovating, or demolishing schools. In 1984, the Asbestos School Hazard Abatement Act provided $600 million to help schools comply with AHERA; however, that amount was not nearly enough, and additional money was authorized in a reauthorization of the act in 1990.
Asbestos Information Act (AIA)
President Clinton signed the Asbestos Information Act in 1988, requiring manufacturers to supply details about construction materials that might contain asbestos. Although the act did not do anything more than require companies to provide information, it gave the public more data about how much asbestos was being released in the marketplace. In their reports, companies had to identify the asbestos-containing materials they produced using specific characteristics, making it more difficult for them to hide the presence of asbestos in those products.
Federal Hazardous Substances Act (FHSA)
The FHSA prohibits asbestos in two specific types of products: artificial ashes and embers used in fireplaces, and general-use garments. Note that some special-use clothing is still allowed, such as asbestos fire suits worn by firefighters.
Other Asbestos Laws
Most states have their own rules and regulations with respect to asbestos. For example, most states follow the EPA’s National Emission Standards for Hazardous Air Pollutants (NESHAP), while some exceed the federal agency’s recommendations for air quality.
In addition, several pieces of asbestos legislation are currently being considered by congress. One of these, the Furthering Asbestos Claim Transparency (FACT) Act would require settlement details of asbestos litigation to be reported publicly, which could open asbestos victims to harassment or discourage them from seeking compensation. Another, the Reducing Exposure to Asbestos Database (READ) Act would update the Asbestos Information Act by creating a publicly accessible database with details about asbestos-containing products.