If you own or manage a building constructed before the 1990s, you’ve likely heard warnings about asbestos and might assume it was banned decades ago. The reality, however, is more complex than many people realize. Despite widespread awareness of asbestos dangers and extensive regulations governing its use, asbestos has never been completely banned in the United States. Understanding the actual regulatory history of asbestos, what products still legally contain it, and what this means for your North Carolina property is essential for making informed decisions about renovation, demolition, and ongoing building management.
At A-1 Service Group, we’ve provided expert asbestos removal services throughout the North Carolina Piedmont Triad area for years, helping property owners navigate the complex regulatory landscape surrounding asbestos. Our certified team stays current with all federal, state, and local asbestos regulations, ensuring our clients receive services that meet or exceed all legal requirements. This comprehensive guide explores the regulatory history of asbestos, explains current restrictions and requirements, and helps you understand what these regulations mean for your property.
The Surprising Truth: Asbestos Is Not Banned in the United States
Many people are shocked to learn that asbestos has never been completely banned in the United States. While its use has been dramatically restricted and most asbestos-containing products have been phased out, certain applications remain legal under current federal regulations.
The 1989 Ban Attempt and Its Reversal
In 1989, the Environmental Protection Agency (EPA) issued a comprehensive ban on most asbestos-containing products under the Toxic Substances Control Act (TSCA). This rule aimed to phase out virtually all asbestos use in the United States over a seven-year period, reflecting growing understanding of asbestos health hazards.
However, asbestos industry litigation challenged this ban, and in 1991, the Fifth Circuit Court of Appeals largely overturned the EPA’s rule. The court found that the EPA had not adequately considered alternatives to a complete ban and had not properly evaluated the costs and benefits of the prohibition. This decision left only a few specific asbestos products banned, while allowing most uses to continue legally.
Current Federal Restrictions
Today, federal regulations specifically prohibit only certain asbestos-containing products, including corrugated paper, rollboard, commercial paper, specialty paper, flooring felt, and new uses of asbestos not already approved. Most importantly, the regulations ban any “new uses” of asbestos—meaning products that didn’t contain asbestos before the 1989 rule cannot introduce it now.
However, products that contained asbestos before 1989 and weren’t specifically banned by the court decision can still legally contain asbestos today. This means some building materials, automotive products, and other items may still contain asbestos fibers, though the vast majority of manufacturers have voluntarily eliminated asbestos from their products due to liability concerns and market pressure.
The 2019 SNUR Rule
In 2019, the EPA finalized a Significant New Use Rule (SNUR) requiring EPA approval before asbestos can be used in products where it was previously discontinued. This rule provides some additional protection by requiring regulatory review before manufacturers reintroduce asbestos into products, though it doesn’t constitute a complete ban.
The Peak Years: When Asbestos Use Was Common
Understanding when asbestos use peaked helps you assess likelihood of asbestos presence in your property and guides decisions about inspection and potential removal.
The Rise of Asbestos (1930s-1970s)
Asbestos use in building materials exploded from the 1930s through the 1970s. During this period, asbestos was considered a miracle material—inexpensive, fire-resistant, strong, and versatile. It was incorporated into hundreds of building products including insulation, flooring, roofing, siding, ceiling tiles, textured coatings, pipe wrapping, and fireproofing materials.
Buildings constructed during these decades almost certainly contain multiple asbestos applications. Schools built in the 1950s and 1960s, commercial buildings from the 1970s, and residential properties constructed throughout this era used asbestos-containing materials extensively as standard construction practice.
The Decline Begins (1970s-1980s)
Recognition of asbestos health hazards grew throughout the 1970s, leading to gradual decline in asbestos use even before comprehensive federal restrictions. Some manufacturers began voluntarily removing asbestos from their products, and certain specific regulations began limiting asbestos applications.
In 1973, the EPA banned spray-applied surfacing asbestos-containing materials for fireproofing and insulation purposes. In 1978, the EPA banned spray-applied asbestos materials used for decorative purposes and most asbestos-containing insulation materials.
Despite these restrictions, many other asbestos-containing products remained in widespread use through the 1980s. Buildings constructed or renovated during this transition period may contain some asbestos materials while using non-asbestos alternatives for others.
The Phase-Out Period (1990s-Present)
By the 1990s, most manufacturers had eliminated asbestos from their products due to liability concerns and market factors, even though comprehensive federal bans had been overturned. Buildings constructed after 1990 have much lower probability of containing asbestos materials, though the possibility isn’t zero.
Today, asbestos use in the United States has declined to minimal levels, though it hasn’t disappeared entirely. Some specialized applications still legally use asbestos, and imported products might contain asbestos despite domestic phase-out.
State and Local Regulations: North Carolina’s Approach
While federal regulations establish baseline requirements, states can impose additional restrictions and requirements governing asbestos handling, removal, and disposal. Understanding North Carolina’s specific regulatory framework helps you ensure compliance with all applicable rules.
North Carolina Asbestos Hazard Management Program
The North Carolina Department of Environmental Quality (DEQ) administers the state’s Asbestos Hazard Management program, which regulates asbestos inspection, abatement, and disposal activities throughout the state. This program establishes requirements that meet or exceed federal EPA standards.
North Carolina requires that only licensed professionals conduct asbestos inspections, testing, and abatement work. Contractors performing asbestos abatement must hold appropriate state licenses and follow specified procedures for containment, removal, and disposal of asbestos-containing materials.
Notification Requirements
North Carolina regulations require property owners and contractors to notify DEQ before conducting asbestos removal projects above certain thresholds. This notification must occur at least 10 working days before work begins and must include detailed information about the project, materials being removed, and procedures to be followed.
These notification requirements ensure regulatory oversight of significant asbestos projects and create accountability for proper handling and disposal of hazardous materials.
Disposal Regulations
Asbestos waste must be disposed of at facilities specifically licensed to accept asbestos-containing materials. North Carolina regulations establish requirements for packaging, labeling, transporting, and disposing of asbestos waste to prevent fiber release and protect public health and environment.
At A-1 Service Group, our unique position as the only 100% vertical demolition and waste removal company in the Piedmont Triad area means we control the entire disposal process through our own licensed facilities. This vertical integration ensures complete compliance with all disposal regulations while providing our clients with peace of mind that their asbestos waste is handled properly from removal through final disposal.
What Regulations Mean for Property Owners
Understanding asbestos regulations helps you navigate legal requirements affecting renovation, demolition, and ongoing property management. Compliance protects both health and legal interests while ensuring responsible environmental stewardship.
Inspection Requirements Before Renovation or Demolition
Federal and North Carolina regulations require asbestos inspection before renovation or demolition of many buildings constructed before asbestos phase-out. These requirements apply to both commercial and residential properties above certain size thresholds.
The National Emission Standards for Hazardous Air Pollutants (NESHAP) establishes federal requirements for asbestos inspection and notification before demolition or renovation. While specific thresholds determine when these requirements apply, the safest approach for any pre-1990 building is to conduct professional asbestos inspection before beginning renovation or demolition work.
Proper Removal and Disposal Requirements
When asbestos-containing materials must be removed, regulations establish specific requirements for how work must be conducted. These requirements include proper containment to prevent fiber release, use of appropriate personal protective equipment, air monitoring to ensure safe conditions, and proper disposal at licensed facilities.
Only licensed asbestos abatement contractors can legally perform removal work above minimal thresholds. Attempting DIY asbestos removal or hiring unlicensed contractors violates regulations and creates serious health risks and legal liability.
Ongoing Management Responsibilities
For buildings containing asbestos materials that remain in place, property owners have ongoing responsibilities to manage these materials safely. This includes maintaining materials in good condition, preventing damage or deterioration, training maintenance personnel about asbestos locations, and providing warnings to contractors who might disturb materials during maintenance or repair work.
Schools and certain other institutional buildings face additional requirements under the Asbestos Hazard Emergency Response Act (AHERA), which mandates inspections, management plans, and periodic surveillance of asbestos-containing materials.
Health Protections: OSHA Workplace Standards
Beyond environmental regulations governing asbestos use and disposal, Occupational Safety and Health Administration (OSHA) standards protect workers from asbestos exposure in workplace settings.
Permissible Exposure Limits
OSHA establishes permissible exposure limits (PELs) for airborne asbestos fibers in workplace environments. The current PEL is 0.1 fibers per cubic centimeter of air as an eight-hour time-weighted average, with an excursion limit of 1.0 fibers per cubic centimeter over 30 minutes.
Employers must monitor worker exposure, implement engineering controls and work practices to maintain exposures below these limits, and provide respiratory protection when engineering controls alone cannot achieve compliance.
Worker Protection Requirements
OSHA standards require employers to protect workers from asbestos hazards through comprehensive programs including exposure assessment, engineering controls, respiratory protection, protective clothing, hygiene facilities and practices, medical surveillance, and worker training about asbestos hazards.
These requirements apply to construction workers, building maintenance personnel, and others whose work might expose them to asbestos. At A-1 Service Group, our commitment to worker safety exceeds minimum OSHA requirements, implementing advanced safety protocols that protect our team members throughout all asbestos abatement work.
Why Asbestos Regulations Matter for Your Property
Understanding the regulatory landscape surrounding asbestos helps you appreciate why professional services are essential and what compliance means for your project.
Legal Compliance Protects Against Penalties
Violations of asbestos regulations can result in substantial civil and criminal penalties. EPA, state environmental agencies, and OSHA all have enforcement authority over asbestos-related violations, with fines potentially reaching hundreds of thousands of dollars for serious violations.
More importantly, violations creating actual health risks or environmental contamination can trigger criminal prosecution resulting in jail time for responsible parties. These serious consequences make regulatory compliance not just advisable but essential.
Liability Protection
Proper asbestos handling protects you from liability to workers, building occupants, neighbors, and others who might be exposed to asbestos fibers through improper handling. Lawsuits related to asbestos exposure can result in enormous damages awards, and liability extends to property owners who knew or should have known about asbestos presence and failed to handle it appropriately.
Working with licensed professionals who follow all regulatory requirements creates documentation of proper handling that protects against future liability claims.
Property Value and Marketability
Properties with documented asbestos inspections and proper abatement records maintain better value and marketability than properties with unknown or poorly documented asbestos situations. Prospective buyers, tenants, and lenders all value clear documentation of asbestos status and proper handling.
Health Protection
Beyond legal compliance, regulations exist to protect health. Following proper procedures for asbestos handling prevents exposure that could cause serious diseases decades later. This health protection extends to your workers, building occupants, family members, and community.
The A-1 Service Group Regulatory Compliance Commitment
Our comprehensive approach to asbestos abatement ensures full compliance with all federal, state, and local regulations governing asbestos inspection, removal, and disposal. This commitment to regulatory compliance represents more than just legal necessity—it reflects our dedication to protecting health and environment through responsible practices.
Fully Licensed and Certified
Our team holds all required state and federal certifications for asbestos inspection, testing, and abatement, including EPA and North Carolina Department of Environmental Quality licenses. These credentials demonstrate our expertise and legal authority to provide comprehensive asbestos services throughout our service area.
We maintain ongoing training and certification renewal to stay current with evolving regulations and best practices. This continuous professional development ensures we provide services that meet current standards rather than outdated approaches.
Comprehensive Documentation
We maintain detailed documentation of all aspects of asbestos projects including inspection findings, laboratory test results, notification filings with regulatory agencies, work procedures, air monitoring results, and disposal records. This documentation proves regulatory compliance and provides records you may need for future property transactions, insurance, or other purposes.
Our documentation practices exceed minimum regulatory requirements, creating comprehensive project records that demonstrate proper handling and protect against future questions or liability.
Advanced Safety Protocols
We exceed industry safety standards and regulatory requirements through comprehensive safety protocols including rigorous containment procedures using negative air pressure and HEPA filtration, continuous air monitoring throughout work and clearance testing before completion, proper personal protective equipment for all workers, and strict decontamination procedures.
These enhanced safety measures protect not only regulatory compliance but also actual health outcomes for our workers and building occupants.
Proper Disposal Through Owned Facilities
Our vertical integration as the only company in the Piedmont Triad area owning the complete asbestos abatement process from inspection through disposal means we control disposal through our own licensed facilities. This control ensures proper handling and disposal that meets all regulatory requirements while eliminating reliance on third-party disposal operations.
We maintain complete chain-of-custody documentation for all asbestos waste from removal through final disposal, providing accountability and proof of proper handling that protects our clients legally and environmentally.
Industries and Properties We Serve
Our regulatory expertise and comprehensive services support diverse property types across residential, commercial, and industrial sectors throughout North Carolina. Our experience navigating regulatory requirements for different property types and jurisdictions enables us to serve virtually any asbestos abatement need.
Commercial Buildings
Office complexes, retail spaces, and mixed-use developments face complex regulatory requirements particularly when occupied during abatement work. We coordinate with building management to ensure regulatory compliance while minimizing operational disruption.
Industrial Facilities
Manufacturing plants, warehouses, and processing facilities often contain extensive asbestos applications and face additional regulatory scrutiny. Our industrial experience includes navigating specialized requirements for these complex environments.
Healthcare Facilities
Hospitals, clinics, and medical facilities must maintain operations during abatement while meeting enhanced infection control and safety requirements. Our healthcare experience includes understanding regulatory requirements specific to these sensitive environments.
Educational Institutions
Schools and universities face AHERA requirements in addition to general asbestos regulations. We help educational institutions develop compliant management plans and conduct abatement work during breaks to minimize educational disruption.
Residential Properties
While residential properties face fewer regulatory requirements than commercial buildings, proper handling remains essential for health protection and legal compliance. We provide the same professional regulatory compliance for residential clients as for our commercial customers.
Government Buildings
Municipal facilities and public infrastructure projects face rigorous regulatory oversight and public accountability. Our expertise with complex regulatory environments makes us ideal partners for government asbestos projects.
What Property Owners Should Do Now
Understanding asbestos regulatory history and current requirements helps you take appropriate action to protect health, comply with regulations, and manage property responsibly.
Identify Property Age and Renovation History
Determine when your building was constructed and identify any major renovations that might have occurred during peak asbestos years. Buildings constructed or renovated between 1930 and 1990 warrant particular attention regarding potential asbestos presence.
Conduct Professional Inspection Before Renovation or Demolition
Before undertaking any renovation or demolition work on pre-1990 buildings, invest in professional asbestos inspection. This inspection identifies asbestos-containing materials and enables proper abatement planning that complies with all regulatory requirements.
Attempting to skip inspection and proceeding with work creates serious risks including regulatory violations, health hazards from disturbing asbestos materials, and liability for exposing workers and others to hazardous fibers.
Address Known Asbestos Appropriately
If you know your property contains asbestos-containing materials, ensure they’re managed appropriately. Materials in good condition might be safely left in place with periodic monitoring, while damaged materials require professional attention.
Develop plans for addressing asbestos appropriately before circumstances force rushed decisions. Understanding your options and having relationships with qualified professionals enables thoughtful decision-making rather than emergency responses.
Work Only with Licensed Professionals
When asbestos inspection, testing, or removal becomes necessary, work exclusively with properly licensed and certified professionals. Verify credentials, confirm insurance coverage, and ensure providers follow all regulatory requirements for your project.
The modest savings from working with unlicensed providers creates enormous risks including health hazards, regulatory violations with substantial penalties, and liability for health effects and environmental contamination.
The Future of Asbestos Regulation
While complete asbestos prohibition remains elusive in the United States, regulatory trends continue toward greater restriction and more rigorous control of remaining asbestos applications.
Potential Legislative Changes
Legislative proposals for comprehensive asbestos bans appear periodically, though none have succeeded in establishing complete prohibition. The Frank R. Lautenberg Chemical Safety for the 21st Century Act, passed in 2016, reformed TSCA and gave EPA enhanced authority to regulate toxic chemicals including asbestos, potentially enabling more comprehensive restrictions than the overturned 1989 rule.
Evolving Understanding and Standards
Scientific understanding of asbestos health effects continues evolving, with research revealing that no safe exposure level exists. This evolving understanding drives increasingly stringent exposure limits and safety requirements even without comprehensive prohibition.
Market Forces Driving Phase-Out
Regardless of regulatory status, market forces continue driving asbestos elimination from products. Liability concerns, insurance costs, and consumer preference for asbestos-free products create powerful incentives for manufacturers to avoid asbestos regardless of legal permission to use it.
Take Action to Protect Your Property and Comply with Regulations
Understanding that asbestos has never been completely banned in the United States, recognizing when asbestos use peaked, and knowing current regulatory requirements helps you make informed decisions about your property and potential asbestos concerns.
If you own or manage a building constructed before 1990, particularly during the peak asbestos years of 1930-1980, professional asbestos inspection provides definitive answers about what materials contain asbestos and what actions regulations require or recommend.
At A-1 Service Group, our comprehensive asbestos services provide everything you need to address asbestos concerns in full compliance with all applicable regulations. From initial inspection through laboratory testing, abatement planning, safe removal, proper disposal, and complete documentation, we handle every step with the regulatory expertise and professional care that serious health hazards demand.
Our unique vertical integration means we control every aspect of the process through our own licensed facilities and certified staff. This comprehensive control ensures regulatory compliance throughout your project while providing the accountability and documentation that protects your legal and financial interests.
Ready to address asbestos concerns in your North Carolina property with full regulatory compliance? Contact A-1 Service Group today to discuss your situation and schedule professional asbestos services. Our certified team will ensure your project meets all federal, state, and local requirements while protecting health and environment through responsible practices.
Don’t let confusion about asbestos regulations prevent you from addressing potential concerns or complying with applicable requirements. Professional guidance from licensed experts eliminates uncertainty and ensures your asbestos management decisions protect health, comply with regulations, and maintain property value. Learn more about our complete range of services and discover why property owners throughout the North Carolina Piedmont Triad area trust A-1 Service Group for their most critical asbestos needs.
Experience the difference that comprehensive regulatory expertise, complete vertical integration, and genuine commitment to compliance and safety make in asbestos services. Since our founding, we’ve maintained the highest standards of professional service, reflected consistently in our customer reviews. When regulatory compliance and health protection matter, trust the team that knows regulations thoroughly and controls every step of the process to ensure compliance from inspection through disposal.
