My roof was replaced with materials that I believe contain asbestos. Is the roofing company liable for this?

Although the federal government has banned some specific uses of asbestos, there are some categories of products and uses that are allowed. The Clean Air Act and the Toxic Substances Control Act gave the Environmental Protection Agency (the EPA) authority to regulate the uses of asbestos.  The EPA has used each of the statutes to limit or prohibit the use of certain products containing asbestos.

For example, under the Clean Air Act, the EPA banned spraying materials containing more than 1 percent asbestos on buildings, structures, pipes, and conduits unless the sprayed material is encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying.  The EPA also banned the installation of wet-applied and pre-formed (molded) asbestos pipe insulation, along with pre-formed (molded) asbestos block insulation used on boilers and hot water tanks.  However, troweled-on surfacing materials containing asbestos were not prohibited under the Clean Air Act.  Similarly, after interpretation by the courts, only six categories of products containing asbestors have been banned by the EPA under the Toxic Substances Control Act:  corrugated paper, rollboard, commercial paper, specialty paper, flooring felt, and new uses of asbestos.  Many categories of products, including roofing felt and other products used to repair your roof, are not banned outright by the EPA.

If you are worried that your roofer used improper asbestos-containing products on your home, you should speak to an attorney in your area.  He or she can help you find a contractor to verify the products that were used and determine if the roofer followed the applicable rules.