EPA Actions to Protect the Public from Exposure to Asbestos

The Regulatory History of Asbestos as of 11/27/24 is as follows:

Regulatory History

• In 1973, EPA banned spray-applied surfacing asbestos-containing material for fireproofing/insulating purposes. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M.

• In 1975, EPA banned installation of 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. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M.

• In 1977, the Consumer Product Safety Commission (CPSC) banned the use of asbestos in artificial fireplace embers and wall patching compounds. (See 16 CFR Part 1305 and 16 CFR 1304).

• In 1978, EPA banned spray-applied surfacing materials for purposes not already banned. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR Part 61, Subpart M.

• In 1989, EPA attempted to ban most asbestos-containing products by issuing a final rule under Section 6 of Toxic Substances Control Act (TSCA). However, most of the original ban on the manufacture, importation, processing, or distribution in commerce for the majority of the asbestos-containing products originally covered in the 1989 final rule was overturned in 1991 by the Fifth Circuit Court of Appeals. As a result, the 1989 asbestos regulation only bans new uses of asbestos in products that would be initiated for the first time after 1989 and bans 5 other specific product types. See 40 CFR 763 Subpart I. Learn more about the 1989 asbestos ban and phase-out.

• In 1990, EPA prohibited spray-on application of materials containing more than 1% asbestos to buildings, structures, pipes, and conduits unless certain conditions specified. See National Emission Standards for Hazardous Air Pollutants (NESHAP) at 40 CFR 61, Subpart M are met.

• In 2019, EPA issued a final rule to ensure that discontinued asbestos products cannot be reintroduced into commerce without the Agency evaluating them and putting in place any necessary restrictions or prohibiting use. Read the final rule.

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So why do we need to know about the regulatory history of asbestos in the USA?

Simple, when investors consider their buy boxes for existing homes, understanding the timelines for asbestos regulation can give the investor some insight as to whether or not he/she wants to purchase an investment property to rehab and deal with the costs associated with asbestos abatement.

According to JJ&S Environmental services https://jjandsenvironmental.com/blog/learn-the-true-cost-to-get-rid-of-asbestos, testing for asbestos can cost $300-$800. However, JJ&S states that asbestos abatement cost can run anywhere from $15,000 to $30,000 or more, depending on the size of the home and the scope of the presence of asbestos.

In essence, investors need to know about the regulatory history of asbestos in the USA because not only is it a public safety concern, it also affects the investor’s bottom line.

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