The short answer
When was asbestos banned in the United States? Never in one go. EPA’s 1989 ban on most asbestos products was largely overturned in 1991, leaving only five paper and felt products and new uses banned. Clean Air Act rules from 1973 and 1975 had already curbed sprayed fireproofing and pipe insulation. The 2024 chrysotile rule phases out the last imported uses by 2037. Installed asbestos remains legal.
Key takeaways
- There is no single ban date: partial bans came in 1973, 1975 and 1978 (Clean Air Act), 1977 (CPSC), 1989 (TSCA) and 2024 (chrysotile).
- The Fifth Circuit vacated most of the 1989 ban on 18 October 1991. Only five products and new uses stayed banned.
- Vinyl-asbestos tile, cement products and coatings were never banned outright; since 2019 they need EPA review before they can return.
- The 2024 rule’s last deadline falls 163 months after it took effect, on 31 December 2037.
- As of 11 October 2026 the 2024 rule is in force, the Fifth Circuit has heard argument, and we found no decision.
- The build year never clears a building: OSHA presumes insulation and surfacing in buildings from 1980 or earlier contain asbestos.
On this page
- Three dates people quote
- The dated record, 1973 to 2026
- The 1989 ban and the court that undid it
- By product: drywall, flooring, ceilings, insulation, paint
- The 2024 chrysotile rule, use by use
- Where things stand in October 2026
- What is still legal to make or import
- How other countries did it
- For contractors: the build year never clears a building
- Questions people actually ask
What this page does not cover. It describes regulations, not health. For health information, start with EPA's Learn About Asbestos page, and speak to a doctor about any specific exposure. Only a lab result tells you whether a material contains asbestos.
Three dates people quote, and what is wrong with each
Search results cite 1978, 1989 and 2024 in roughly equal measure. Each is a real event, and each is routinely overstated.
| The claim | What the record shows | Consequence |
|---|---|---|
| Banned in 1978 | Spray-on limit extended to decorative coatings (43 FR 26372 (19 June 1978)) | One application method; other products stayed legal |
| Banned in 1989 | Mostly vacated in 1991 (Corrosion Proof Fittings v. EPA, 947 F.2d 1201) | USGS records 41,300 tons still used in 1990 |
| Finally banned in 2024 | Chrysotile, six uses, deadlines to 2037 (2024 chrysotile rule, 89 FR 21970) | Installed asbestos and other fibre types untouched |
Federal agencies regulated asbestos by method (spraying), by product (patching compound, flooring felt) and by use (chlor-alkali diaphragms), never by banning the mineral.
The dated record, 1973 to 2026
Each date is tied to the document that created it; current text was checked on the eCFR as of 8 October 2026.
| Date | Action | Primary source (per the record) |
|---|---|---|
| 6 Apr 1973 | Spray-on material to insulate or fireproof buildings, pipes and conduits must be under 1% asbestos | 38 FR 8820 (6 April 1973) |
| 14 Oct 1975 | Friable molded and wet-applied insulation installed afterwards must contain no commercial asbestos | 40 FR 48292 (14 October 1975) |
| 15 Dec 1977 | CPSC bans consumer patching compounds (all stock after 11 Jun 1978) and artificial fireplace embers | 16 CFR part 1304, 16 CFR part 1305 |
| 19 Jun 1978 | Spray limit extended to all materials over 1%, chiefly decorative coatings | 43 FR 26372 (19 June 1978) |
| 22 Oct 1986 | AHERA: schools must inspect and manage; no product ban | 15 U.S.C. 2641 and following |
| 12 Jul 1989 | Ban and Phase-Out rule (54 FR 29460), stages in 1990, 1993, 1996 | EPA technical amendment, 59 FR 33208 |
| 18 Oct 1991 | Fifth Circuit vacates most of it; clarification 15 Nov 1991 | Corrosion Proof Fittings v. EPA, 947 F.2d 1201 |
| 5 Nov 1993 | EPA finds six categories stay banned (58 FR 58964); CFR rewritten 28 Jun 1994 | 40 CFR 763.165 |
| 25 Apr 2019 | Discontinued uses need EPA review to return; effective 24 Jun 2019 | 2019 significant new use rule, 84 FR 17345 |
| 28 Mar 2024 | Chrysotile rule; effective 28 May 2024 | 2024 chrysotile rule, 89 FR 21970 |
| 3 Dec 2024 | Final Part 2 risk evaluation (legacy uses, other fibres) | Part 2 risk evaluation notice, 89 FR 95777 |
The USGS Data Series 140 shows how late the rules came. According to that series, consumption peaked at 803,000 metric tons in 1973 and was still 55,300 tons in 1989. The USGS Mineral Commodity Summaries 2026 reports an estimated 50 tons for 2025, 99.99% below the peak, and notes the last US mine closed in 2002. That closure was a market event, not a ban.
The 1989 ban and the court that undid it
EPA’s Ban and Phase-Out rule of 12 July 1989 would have removed most asbestos products in stages on 27 August 1990, 25 August 1993 and 26 August 1996, per Corrosion Proof Fittings v. EPA, 947 F.2d 1201. Manufacturers and trade groups petitioned for review.
On 18 October 1991 the court vacated and remanded the rule, holding that EPA failed to muster substantial evidence. It stressed that TSCA calls for the least burdensome adequate regulation and that EPA had to weigh the risks of substitutes. A clarification of 15 November 1991 kept the rule alive only for products not made, imported or processed on 12 July 1989.
Per the EPA technical amendment, 59 FR 33208, EPA found on 5 November 1993 that six categories qualified. The current 40 CFR 763.165 still lists them.
| Product | Status after the court |
|---|---|
| Corrugated, commercial and specialty paper; rollboard | Banned after 26 Aug 1996 |
| Flooring felt | Banned after 27 Aug 1990 |
| New uses first begun after 25 Aug 1989 | Banned |
| Vinyl-asbestos floor tile, roofing felt, pipeline wrap, cement sheet, clothing (stage 1) | Vacated |
| Friction products, coatings, cement shingles (stages 2 and 3) | Vacated |
By product: drywall, flooring, ceilings, insulation, paint
People usually ask about the material in front of them. Every ban below applied to new manufacture or installation; none ordered installed material out. Identification is covered on our popcorn ceiling, pipe insulation and floor tile pages.
| Product | What was banned, and when | Rule |
|---|---|---|
| Drywall patching compound | Consumer products made after 16 Jan 1978; all stock after 11 Jun 1978 | 16 CFR part 1304; industrial-only compounds were outside it |
| Popcorn and sprayed ceilings | Spray-on coatings over 1%: 19 Jun 1978 | 43 FR 26372 (19 June 1978) |
| Sprayed fireproofing | Over 1% on buildings: 6 Apr 1973 | 38 FR 8820 (6 April 1973) |
| Pipe and boiler insulation | Friable molded and wet-applied: 1975; corrugated paper pipe covering: 1996 | 40 FR 48292 (14 October 1975), 40 CFR 763.165 |
| Floor tile | Flooring felt 1990; vinyl-asbestos tile vacated, EPA review since 2019 | 40 CFR 763.165, 2019 significant new use rule, 84 FR 17345 |
| Paint, coatings, adhesives | Never banned; EPA review since 24 Jun 2019 | 2019 significant new use rule, 84 FR 17345 |
| Cement siding, roofing, pipe | Never banned; EPA review since 24 Jun 2019 | 40 CFR 721.11095 |
The 2024 chrysotile rule, use by use
The 2024 chrysotile rule, 89 FR 21970 took effect on 28 May 2024 and sits at 40 CFR part 751, subpart I. It reaches only chrysotile, the one fibre type still imported, in six uses EPA found in ongoing commerce.
| Use | Prohibited | Carve-outs |
|---|---|---|
| Chlor-alkali diaphragms | Import banned after 28 May 2024; use after 28 May 2029 | Two plants to 25 May 2032, one to 26 May 2036, for owners converting several |
| Sheet gaskets, chemical plants | After 27 May 2026 | Titanium dioxide and nuclear uses to 28 May 2029; Savannah River to 31 Dec 2037 |
| Oilfield brake blocks | After 25 Nov 2024 | Installed parts exempt |
| Aftermarket brakes, linings | After 25 Nov 2024, consumer use too | Installed parts exempt |
| Other friction products, other gaskets | After 25 Nov 2024 | Installed parts exempt |
While the tails run, section 751.511 sets an interim limit of 0.005 fibres per cubic centimetre (8-hour average) for chlor-alkali and titanium dioxide gasket work, per 40 CFR part 751, subpart I: one twentieth of the OSHA limit of 0.1 in 29 CFR 1926.1101. The USGS Mineral Commodity Summaries 2026 says 2025 consumption came entirely from stockpiles.
Where things stand in October 2026
This is the fact most likely to move. We searched the Federal Register for EPA documents on chrysotile or asbestos since April 2024 and found no amendment, proposed or final, to the 2024 rule.
| Date | Event | Source |
|---|---|---|
| 19 Apr 2024 | Texas Chemistry Council petitions (No. 24-60193); seven petitions consolidated, from industry, the steelworkers’ union and ADAO | EPA abeyance motion of 16 June 2025 |
| 14 Feb 2025 | 120-day abeyance for new EPA leadership to review | EPA abeyance motion of 16 June 2025 |
| 16 Jun 2025 | EPA plans a rewrite by rulemaking, about 30 months | EPA abeyance motion of 16 June 2025 |
| 7 Jul 2025 | EPA withdraws: no rulemaking “at this time” | EPA notice of withdrawal of 7 July 2025 |
| May 2026 | Olin exits; industry drops its attack on the risk findings | ADAO case timeline |
| 1 Jun 2026 | Oral argument, New Orleans | Fifth Circuit oral argument recording, 1 June 2026 |
| 11 Oct 2026 | No decision found; eCFR text unchanged since 28 May 2024 | 40 CFR part 751, subpart I |
The EPA abeyance motion of 16 June 2025 states the rule “remains in effect” during the case. Industry argues EPA went too far on chlor-alkali timing; ADAO and the union argue it does too little. Per ADAO, the court asked for extra briefing on standing. Until a ruling, the deadlines above apply.
Part 2: legacy asbestos
The EPA asbestos actions page explains the gap. Part 2 covers legacy uses such as floor and ceiling tiles, pipe wrap and insulation, plus five more fibre types and asbestos-containing talc, and the final evaluation (Part 2 risk evaluation notice, 89 FR 95777) found unreasonable risk. On a page last updated 23 June 2026, the EPA Part 2 information request sets 3 June 2027 to propose a rule, with comments in docket EPA-HQ-OPPT-2025-0036 to 24 August 2026. Any new duties on renovation work would come from that rule.
What is still legal to make or import
The current position is a three-way split: banned outright, banned on a schedule, or allowed only after EPA review. The 2019 rule covers asbestos “including as part of an article”, so imported finished goods are caught too.
| Product or use | Status, 11 October 2026 | Rule |
|---|---|---|
| Five paper and felt products; new uses after 1989 | Banned | 40 CFR 763.165 |
| Spray-on over 1% on buildings, pipes | Banned | 40 CFR 61.146 |
| Friable molded or wet-applied insulation | Banned from installation | 40 CFR 61.148 |
| Consumer patching compound, artificial embers | Banned | 16 CFR part 1304, 16 CFR part 1305 |
| Chrysotile brakes, friction parts, other gaskets | Banned since 25 Nov 2024 | 40 CFR part 751, subpart I |
| Chrysotile diaphragms and sheet gaskets | Banned on a schedule to 2029, 2036 or 2037 | 40 CFR part 751, subpart I |
| Vinyl-asbestos tile, cement products, coatings, roofing felt, any other use | 90 days’ notice and EPA review first | 40 CFR 721.11095 |
| Asbestos already installed | Legal in place; disturbance regulated | 29 CFR 1926.1101, 40 CFR 61.141 |
How other countries did it
Comparable economies mostly used one instrument instead of partial rules. Dates are as printed in each instrument or on the government page cited.
| Jurisdiction | In force | Instrument | Source |
|---|---|---|---|
| United Kingdom | 24 November 1999 | Asbestos (Prohibitions) (Amendment) Regulations 1999, SI 1999/2373 | legislation.gov.uk |
| Australia | 31 December 2003 | Nationwide ban on use, manufacture, import, storage and sale | NSW Government asbestos site |
| European Union | 1 January 2005 | Commission Directive 1999/77/EC, diaphragm exemption | CORDIS, 9 August 1999 and European Environment Agency |
| New Zealand (imports) | 1 October 2016 | Imports and Exports (Asbestos-containing Products) Prohibition Order 2016 | order text via FAOLEX |
| Canada | 30 December 2018 | Prohibition of Asbestos and Products Containing Asbestos Regulations, SOR/2018-196 | Justice Laws website |
| United States | No complete ban | Chrysotile phase-out ends 31 Dec 2037 | 40 CFR part 751, subpart I |
Supply continues. The USGS Mineral Commodity Summaries 2026 reports 2025 world mine output near 960,000 tons, led by Russia, Kazakhstan and China.
For contractors: the build year never clears a building
Owners and adjusters ask whether a house is too new to have asbestos. The record says no date answers that: vinyl-asbestos tile stayed legal after 1991, and chrysotile imports stayed legal until May 2024 per USGS, which recorded 224 tons imported in 2022.
Under 29 CFR 1926.1101, thermal system insulation and sprayed or troweled surfacing in buildings constructed no later than 1980 are presumed asbestos-containing material (PACM), as is asphalt and vinyl flooring installed by 1980. For later buildings there is no presumption, but owners and employers must treat material as asbestos where they know, or should have known, it is.
Five checks before you treat a building as asbestos-free
- 1. Is there a lab-backed survey of the materials you will disturb? The build year cannot substitute. The asbestos testing cost guide lists published fees.
- 2. Built in 1980 or earlier? Treat insulation and surfacing as asbestos until testing rebuts it.
- 3. Anything added since? Later flooring, roofing or cement board can still be suspect.
- 4. Is it a covered facility? Under 40 CFR 61.141, houses of four or fewer units are excluded; everything else needs an inspection before renovation. Check state rules on our accreditation map.
- 5. Is it an emergency loss? Flood and fire tear-out still needs a sample first. Bill sampling as its own line item so the adjuster sees why demolition paused.
Removal pricing is on our removal cost page, policy questions on does insurance cover asbestos removal, and more rules on the standards hub.
Questions people actually ask
Do all homes built before 1978 have asbestos?
No. Many do not, and many later homes do. The year 1978 refers to a Clean Air Act rule on sprayed decorative coatings, which banned one application method. Whether a house contains asbestos depends on the products used, and EPA says you cannot tell by looking. Only sampling and lab analysis settle it.
Would a house built in 1989 have asbestos?
It can. The US still used 55,300 metric tons of asbestos in 1989, according to USGS Data Series 140, and the 1989 ban was mostly vacated in 1991. Vinyl-asbestos tile, cement products and coatings stayed legal. OSHA’s presumption stops at 1980, but that is a work rule, not proof a later house is clean.
Do all houses built in 1960 have asbestos?
Not all, but a 1960 house sits inside OSHA’s presumption: thermal system insulation and surfacing material in buildings constructed no later than 1980 are presumed asbestos-containing until testing shows otherwise, under 29 CFR 1926.1101. Treat pipe lagging, sprayed ceilings and old flooring as suspect.
Will 30 minutes of asbestos exposure hurt you?
That is a medical question this page does not answer; see the out-of-scope note above and ask a doctor. The regulatory fact: OSHA’s excursion limit for workers is 1.0 fibre per cubic centimetre averaged over 30 minutes, alongside an 8-hour limit of 0.1, under 29 CFR 1926.1101(c).
Is asbestos banned in the US now?
Partly. Five paper and felt products and new uses have been banned since the 1990s, and the 2024 rule ends the last chrysotile uses by 31 December 2037. Other discontinued uses need EPA review before returning. Asbestos already in buildings is legal to leave in place; disturbing it is regulated.
Was the 2024 asbestos ban overturned?
No. As of 11 October 2026 the rule is in force and its eCFR text is unchanged. The Fifth Circuit heard argument on 1 June 2026 in Texas Chemistry Council v. EPA, and we found no decision. EPA withdrew its 2025 plan to rewrite the rule on 7 July 2025.
Sources
- 38 FR 8820 (6 April 1973), 40 FR 48292 (14 October 1975), 43 FR 26372 (19 June 1978): Clean Air Act rules, govinfo.
- 40 CFR 61.146, 40 CFR 61.148, 40 CFR 61.141: NESHAP, eCFR.
- 16 CFR part 1304, 16 CFR part 1305: CPSC bans, eCFR.
- 15 U.S.C. 2641 and following: AHERA, govinfo.
- Corrosion Proof Fittings v. EPA, 947 F.2d 1201 (5th Cir. 1991), law.resource.org.
- EPA technical amendment, 59 FR 33208 (1994) and the EPA ban and phase-out notices page.
- 40 CFR 763.165; 2019 significant new use rule, 84 FR 17345; 40 CFR 721.11095.
- 2024 chrysotile rule, 89 FR 21970; 40 CFR part 751, subpart I, eCFR version history.
- Part 2 risk evaluation notice, 89 FR 95777; EPA Part 2 information request.
- EPA asbestos actions page (updated 21 January 2026); EPA's Learn About Asbestos page.
- EPA abeyance motion of 16 June 2025 (Doc. 201-1); EPA notice of withdrawal of 7 July 2025 (Doc. 213-1); Fifth Circuit oral argument recording, 1 June 2026.
- ADAO case timeline (updated 27 April 2026), a petitioner’s account.
- USGS Data Series 140; USGS Mineral Commodity Summaries 2026.
- 29 CFR 1926.1101, eCFR.
- Foreign instruments: legislation.gov.uk, NSW Government asbestos site, CORDIS, 9 August 1999 and European Environment Agency, order text via FAOLEX, Justice Laws website.
- All retrieved 11 October 2026. Month and year counts are computed from the dates above. See our methodology.
This page summarises regulations and court records and is not legal advice. Check the eCFR and the court docket before relying on a deadline.