Is Asbestos Still Legal? Why You Can Still Find It in Modern Homes and Products Across the Denver Metro Area

If you’ve been poking around your attic or prepping for a remodel and wondering, “Wait... isn't asbestos illegal?”—you’re not alone. Most people assume asbestos was banned decades ago, like lead paint and perms that require a setting bonnet.

Spoiler alert: It’s not fully banned.

In 2025, asbestos is still technically legal in the U.S. under certain conditions. And yes, you can still find it in homes, buildings, and even some modern products.

Let’s clear up the confusion and talk about:

• What’s actually banned (and what’s not)

• Why you might still find asbestos in your home—even newer ones

• Real cases and studies that prove it’s still a problem

• What to do if you suspect asbestos in your space

Don't know what asbestos is or why it's bad? Check out our Is Asbestos Dangerous? What You Need to Know blog to learn more...once you're caught up, come back here to go deeper into the woods.

Wait, So Asbestos Isn’t Banned?

Not fully. While many countries have completely banned asbestos, the U.S. has taken a slower, more complicated approach. Certain asbestos-containing materials (ACMs) have been banned—especially those used in consumer products—but others are still allowed under specific conditions.

Here’s what’s banned in the U.S.:

• Corrugated paper and commercial paper with asbestos

• Flooring felt (yes, it was a thing)

• Spray-applied surfacing ACMs in buildings

• “New uses” introduced after 1989

Here’s what’s still legal:

• Asbestos cement pipe

• Vinyl floor tile

• Roofing and siding materials

• Brake pads and gaskets

• Legacy materials already present in buildings

So yes—asbestos can still be legally used, and more importantly, it still exists in millions of homes, especially throughout the Denver Metro Area.

"Bonus Tip: If your flooring has a fibrous backing, it has a higher chance of containing asbestos."

Asbestos in Modern Products—Still a Thing?

Unfortunately, yes.

While you might expect asbestos to only show up in homes built before 1985, studies and legal cases continue to reveal its presence in newer homes and modern materials:

Consumer Products Still Testing Positive for Asbestos

A PBS investigation found asbestos contamination in modern consumer products, including children’s toys and cosmetic powders—not the first place you'd expect asbestos to hide.

Asbestos Construction Materials in Use Today

A 2024 study in the Annals of Work Exposures and Health showed that working with asbestos cement siding and pipe still releases dangerous fiber levels, especially during renovations or repairs source.

Legal Cases Proving Asbestos is Not Just History

In Maffei v. A.O. Smith Water Products Co., a 2025 ruling highlighted how courts are still handling asbestos exposure cases involving materials installed well after the so-called asbestos era source.

And in the BNSF Railway Libby case, a federal jury awarded $4 million to the estates of two individuals exposed through ongoing industrial activity—not ancient buildings source.

Even Homes Built in the 1980s May Contain Asbestos

Many homes built in the '80s—right here in Lakewood, Centennial, and Aurora—used stockpiled asbestos materials like popcorn ceiling texture, floor tile backing, and pipe wrap. A report from Prefab-House.com confirms that it’s still common in post-1980s homes source.

So Why Do We Still See Asbestos in Denver Metro Homes?

Because the stuff is tough, cheap, and fire-resistant—three things builders loved in the mid-20th century. It was the Swiss army knife of building materials. And Colorado wasn’t exempt.

If you’re living in or remodeling in Aurora, Thornton, Lakewood, Arvada, Highlands Ranch, or Englewood, and your home was built before the mid-1980s, there’s a good chance asbestos is somewhere inside.

Even in newer homes, it might appear in:

• Crawlspace pipe insulation

• HVAC duct sealants

• Floor tile glue (aka mastic)

• Linoleum backing

• Imported materials like brake pads or roof coatings

What Does CDPHE Say About Asbestos Inspections?

Here’s the deal in Colorado: Regulation 8 from the Colorado Department of Public Health & Environment (CDPHE) says that before you start any renovation, demolition, or repair work, you must either test for asbestos—or choose one of two very specific alternatives. And no, the year your home was built doesn’t automatically get you out of it.

Let’s break it down. CDPHE says you have to do one of the following:

1. Submit an Asbestos Inspection Exemption Request (and wait for state approval)

2. Assume the material contains asbestos (meaning you treat it like it’s hot, regardless of what it is)

3. Hire a certified asbestos inspector to test and confirm

   
   

So basically—unless you’re ready to treat everything like it’s asbestos or jump through paperwork hoops, the easiest path is just to get it tested.

Even if you're just thinking about scraping that popcorn ceiling in Westminster, Golden, or Lone Tree, you're still expected to follow these rules. And if the results come back positive? You’ll need to bring in a certified abatement company before the work continues.

Better to know up front than end up with a surprise halfway through the project (or worse, cause a minor/major spill).

The last thing you want is a Minor or Major Spill! Not sure what those are? We got you covered! Our new post Minor vs. Major Asbestos Spills in the Denver Metro Area: What’s the Difference and Why It Matters simplifies this sensitive topic.

If It’s Legal, Is It Still Dangerous?

100% yes. Here’s the deal: legal ≠ safe.

Asbestos becomes dangerous when disturbed—during sanding, cutting, drilling, or demolition—because it releases microscopic fibers into the air. When inhaled, these fibers can cause:

• Mesothelioma (a rare but aggressive cancer)

• Lung cancer

• Asbestosis (a chronic lung condition)

• And other long-term respiratory issues

Where Might Asbestos Be Hiding in Your Home?

Even in homes built in the ‘90s or early 2000s (especially ones with remodels), asbestos could be hiding in:

1. Popcorn Ceilings

That bumpy texture in your bedroom or hallway might be more than just ugly—it could contain asbestos.

2. Vinyl Flooring

Peel back a few layers in that kitchen, and you might find old vinyl with asbestos paper backing.

3. Duct Seals and Mastic

HVAC systems sealed with black adhesive? Often asbestos-laced, especially in older installs.

4. Pipe Insulation

Often overlooked in basements, attics, and crawlspaces—especially in homes from the 1970s-1990s.

"Bonus Tip: Materials that doesn't typically contain asbestos: wood, fiberglass, plastic, metal concrete."

What Should You Do If You Suspect Asbestos?

Don’t panic, but don’t start scraping either. Here’s the right move:

1. Stop work. Don’t sand, demo, or disturb anything.

2. Schedule an asbestos inspection. Certified inspectors (like us!) can test suspicious materials safely.

3. Follow CDPHE protocols. If positive, hire a certified abatement team.

4. Get air clearance testing. Especially important if you’re selling the home or renting it out.

Ever wonder what goes into an asbestos inspection? It's not complicated at all and super easy! We break it down in our What to Expect During an Asbestos Inspection: A Complete Guide to Renovations and Asbestos Inspections in Denver Metro.

Final Thoughts—It’s Still Legal, But You’re Still in Control

Asbestos might not be fully banned in the U.S., but that doesn’t mean you’re stuck with it. With the right steps, you can keep your home safe, your projects compliant, and your family protected.

Whether you’re in Denver, Aurora, Lakewood, Littleton, or Castle Rock, chances are you’ll run into asbestos if you’re working on an older property—or even a newer one with legacy materials.

Need an Asbestos Inspection in the Denver Metro Area?

At Elevation Environmental Services, we specialize in asbestos testing, inspections, and spill response under CDPHE Regulation 8. From Golden to Parker, Thornton to Centennial,

we help property owners take the guesswork out of asbestos—without the panic.

📞 Call us today to schedule an inspection or ask questions about your next project.(We’ll talk you through it like a neighbor, not a robot.)