In June 2018, the EPA issued what it called a “Significant New Use Rule” (SNUR) for asbestos under the Toxic Substances Control Act (TSCA). The rule drew significant criticism from public health advocates and members of Congress, who argued it made it easier — not harder — for asbestos to return to American consumer products.
Understanding what actually changed requires some background on how asbestos is regulated in the United States, because asbestos regulation here is more complicated than “it’s banned.”
Asbestos Is Not Banned in the United States
This is widely misunderstood. The EPA attempted a near-comprehensive ban on asbestos in 1989. The Fifth Circuit Court of Appeals overturned most of that rule in 1991, finding that the EPA had not adequately considered less restrictive alternatives as required under TSCA.
As a result, new uses of asbestos in the United States are heavily restricted, but not fully prohibited. The EPA maintains a list of specific categories where asbestos was banned before the 1991 court decision — including spray-on surfacing materials, most forms of pipe insulation, floor tiles, and corrugated paper. Products in those specific categories remain banned.
However, asbestos products not on that list — products that were discontinued but not explicitly banned — fell into a regulatory gray area. Companies could theoretically reintroduce them without specific EPA authorization.
What the 2018 SNUR Actually Did
The 2018 Significant New Use Rule required companies to notify the EPA before introducing an asbestos-containing product in categories not specifically banned. On paper, this sounded like increased oversight: the EPA would review new products before they reached the market.
Critics, including the Environmental Defense Fund and a group of Democratic senators, argued the rule actually weakened protection in two specific ways:
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It exempted existing uses — companies already using asbestos in products not on the banned list did not have to notify anyone. Only genuinely new uses triggered the notification requirement.
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The risk evaluation criteria were narrowed. Under the rule’s language, EPA’s evaluation was limited to the specific proposed use — not to broader environmental contamination pathways, legacy exposures, or cumulative effects. The agency would evaluate whether workers in the facility using the product faced acceptable risk, but would not consider broader air contamination or what happened to the product after disposal.
The EPA under the Obama administration had pledged to evaluate the full range of asbestos risks under the updated TSCA. Critics argued the 2018 rule walked that back.
What Changed Since Then
The regulatory picture has shifted since this post was originally written. In 2024, the EPA finalized a rule under TSCA that phases out most ongoing uses of chrysotile asbestos — the only type still in active commercial use in the United States. This rule addressed chlor-alkali manufacturing (the largest remaining industrial use), as well as other legacy applications.
The 2024 rule represents the most significant restriction on asbestos in the United States since the 1989 ban attempt. However, it does not address the asbestos already present in millions of pre-1980 buildings.
What This Means for Homeowners in the Philadelphia Area
The regulatory history of asbestos in the United States reinforces a practical point for homeowners: regardless of what EPA rules say about new products, the asbestos in pre-1980 homes in Chester, Delaware County, and Philadelphia is present today and is not going away on its own.
Floor tiles, pipe insulation, popcorn ceilings, joint compound, roofing shingles — these materials were installed legally, under the standards of their time, and they remain in millions of homes. Whether they require action depends on their condition, location, and whether renovation is planned — not on what rules the EPA issues about new products.
If you have questions about asbestos-containing materials in your home, ACI-TECH, INC. provides licensed inspection and testing in Chester, Delaware County, and the Philadelphia area. If materials test positive, we provide professional asbestos removal under proper containment. Call (610) 497-7162 for a free estimate.
