The history of asbestos use dates back to the early 1800s where it was included as a common component of commercial building and construction products in the US. The use increased greatly during World War II with the construction of ships for wartime efforts. Following the war, industry continued to use the fibrous material, particularly the automotive and manufacturing industries. It is estimated that more than 5,000 different products were constructed from some form of asbestos-based material. These products were manufactured and distributed without regulation even after it became apparent that workers were developing diseases as a result of exposure to the material. Due to the ease of release of fibers, the Environmental Products Safety Commission (EPSC) banned the use of asbestos in wallboard patching compounds and the artificial ash used in gas fireplaces during the late 1970s. The commission continues to ban the use of asbestos in specific consumer products, such as textured paints.

The Environmental Protection Agency (EPA) establishes regulations regarding asbestos and asbestos use that fall under the two different federal laws - the Clean Air Act (CAA) and the Toxic Substances Control Act (TSCA). The CAA establishes National Emission Standards for Hazardous Air Pollutants (NESHAP) rules for asbestos. The TSCA defines Asbestos Ban and Asbestos Phase-out rules.

Under the authority of the CAA, the EPA banned the following materials in facilities regulated by the NESHAP rule in the 1970s.

· Most spray-applied surfacing used for fireproofing, insulation and decorative purposes.

·Thermal system insulation for wet-applied and preformed asbestos pipe insulation and preformed asbestos block insulation on boiler and hot water tanks.

Revisions to the CAA NESHAP rules that were established in November 1990 prohibit the use of spray-on applications of materials for buildings, structures, pipes and conduits containing more than 1% asbestos unless the material is encapsulated with a bituminous or resinous binder during the spraying and the materials are not friable after they dry. The revision further provides that if the material is friable, but no visible emissions are discharged from the spray on application or the specified method of cleaning emissions before they escape or are vented to outside air, the application is also allowed.

Under the authority of the TSCA, the EPA further extended the ban on asbestos-based materials to all new uses of asbestos and most asbestos-based products. On July 12, 1989, the ruling known as the Asbestos Ban and Phaseout Rule banned US manufacture, import, processing and distribution of many asbestos-based products used in commerce. However, some existing uses of asbestos were exempt from the ban.

In 1991, an appellate court then overturned the EPA’s 1989 ruling, establishing a ban of specific uses of asbestos. The latest update of products specifically banned include the use of asbestos in flooring felt, rollboard, corrugated paper, commercial paper and specialty paper. The appellate court maintained the ban on new uses of asbestos. However, asbestos-containing products that are no longer banned include asbestos-cement corrugated sheet, asbestos-cement flat sheet, asbestos clothing, pipeline wrap, roofing felt, vinyl-asbestos floor tile, asbestos-cement shingle, millboard, asbestos-cement pipe, automatic transmission components, clutch facings, friction materials, disc brake pads, drum brake linings, brake blocks, gaskets, non-roofing coatings, and roof coatings.

While the EPA does not track or control the manufacture, processing, import or distribution of asbestos-based products, language established for the ban of asbestos-based materials includes specific definitions, prohibitions on the manufacture, import and processing of asbestos materials and prohibitions on the distribution of such materials in commerce. The language also specifies labeling requirements for specific asbestos-based materials and products. Through not all asbestos-based materials are banned, public awareness of the health effects of asbestos has led to a decline in domestic consumption of asbestos-based materials.