As a licensed asbestos building inspector there is one thing that I hear over and over, “This building was built after 1980 so there should not be any asbestos in it…right?” It’s true that asbestos was one of the first hazardous air pollutants regulated under The National Emission Standards for Hazardous Air Pollutants (NESHAP) established by the Environmental Protection Agency (EPA) under the Clean Air Act (CAA) in 1973. However, the 1973 regulation only banned the use of spray-applied asbestos fireproofing and insulating products.

In 1975, the ban on asbestos products was expanded to include the use of wet-applied and pre-formed (molded) asbestos pipe insulation and block insulation on boilers and hot water tanks. In 1977, the EPA banned asbestos joint compounds, made domestically, but they could still be imported from other countries. In 1978, the EPA ban was extended to include spray applied asbestos containing products used for “decorative” purposes. Any structures built after 1980 which contained building materials such as acoustic ceiling tiles, vinyl floor tiles, joint vibration cloth, ventilation duct sealant and many other materials including a host of roofing products are still at risk of having asbestos containing materials (ACM) present. These materials should not be considered asbestos-free simply based on their date of construction.

In 1989, the EPA attempted to enact the “asbestos ban and phase out rule,” under the Toxic Substances Control Act (TSCA), extending the ban on asbestos containing materials, only to have it overturned by the U.S. 5th Circuit Court of Appeals in 1991. However, six asbestos containing product categories listed in the 1989 rule are still subject to the asbestos ban, these are corrugated paper, rollboard, commercial paper, specialty paper, flooring felt and any new uses of asbestos. Numerous products were not banned after the 1991 court ruling including materials such as asbestos-cement corrugated sheet, asbestos-cement flat sheet, asbestos clothing, pipeline wrap and others. Therefore, structures built after 1990 which contain any of these building materials may contain asbestos and should not be considered asbestos-free based on their date of construction.

NESHAP was revised in 1990 to prohibit the use of spray-applied materials containing more than one percent asbestos to buildings, structures, pipes and conduits unless the material is encapsulated during spraying and the materials are not friable after drying. The revised NESHAP does allow spray-applied materials that contain more than one percent asbestos on equipment and machinery, where the asbestos fibers in the materials are encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying. The revised NESHAP also allows the use of spray-applied friable materials, as long as no visible emissions are discharged to the outside air from application, or specified removal methods are used to clean emissions containing particulate asbestos material before they escape, or are vented to the outside air. The 1990 NESHAP revision has no provision banning the use of troweled-on asbestos containing surfacing materials or vermiculite insulation.

Today, asbestos is still heavily mined and used in countries outside of the United States including Brazil, Canada, China, Zimbabwe, Kazakhstan, Russia and South Africa. The world production of ACM in 2000 was 2,070,000 metric tons with the United States consuming 14,600 metric tons. The U.S. consumed 3,000 metric tons in 2004 and 2,500 tons in 2007. The most prominent use of asbestos materials today is in the cement industry which accounts for 85-90 percent of current asbestos use.

In 2006, the United States Geological Survey (USGS) found that U.S. companies consumed 2,000 metric tons of Chrysotile asbestos for use in roofing products, coatings, gaskets and friction products. In 2007, U. S. imports of asbestos products included hair dryers, ceiling tiles, brake products, roofing products, coatings and gaskets with an estimated 1,820 tons imported and used primarily in roofing materials. Even today asbestos products are manufactured and sold in the United States. These can be everything from building materials to common household products and toys. A recent study sponsored by the Asbestos Disease Awareness Organization (ADAO) found numerous products sold today that contain asbestos. The ADAO found asbestos in glazing, spackle, roof patching, duct tape and the CSI Fingerprint Examination Kit. Chrysotile was even listed as an ingredient in the roof patching material.

In 2007, the Ban Asbestos in America Act was passed in the Senate, but was never voted on by the House of Representatives. In 2008, the Ban Asbestos and Prevent Mesothelioma Act was introduced in the House, but never made it to a vote. The bills would have amended the existing TSCA to reduce the health risks posed by asbestos products by eliminating an exception for asbestos present at one percent or less by weight, making the asbestos ban a matter of federal statute instead of EPA regulation, and adding provisions for enforcement of the legislation.

In conclusion, you should not assume a structure and its building materials are asbestos-free simply based on the date of construction. The potential for asbestos containing building materials to have been used in its construction still exists and the only way to determine actual asbestos content is to have the material analyzed by a laboratory or obtain an architect’s affidavit stating the material does not contain asbestos. Currently the EPA does not track the manufacturing, processing or distribution of asbestos containing products and it is the responsibility of the consumer, or other buyer, to inquire as to the presence of asbestos in products.