Clarification on Ban of Asbestos-Containing Materials

April 28, 1999

I. Introduction:

This clarification presents correct information with regard to the status of asbestos products that are banned by the US Environmental Protection Agency (EPA) at this time, as well as categories of asbestos-containing products that are NOT subject to a ban.

The clarification is needed because EPA finds that there are misunderstandings about its bans on asbestos-containing materials (ACM) and products or uses. Newspaper and magazine articles, Internet information, even some currently available (but outdated) documents from the EPA and other federal agencies may contain statements about an EPA asbestos ban that are

incorrect.

EPA asbestos regulations fall primarily under the authority of two different federal laws and their resulting implementations:

the Clean Air Act (CAA) (e.g., Asbestos National Emission Standards for Hazardous Air Pollutants, or NESHAP) rules, and
the Toxic Substances Control Act (TSCA) (e.g.,Asbestos Ban and Phaseout) Asbestos rules.

Note that the US Consumer Product Safety Commission (CPSC) also developed bans on use of asbestos in certain consumer products.

II. CLEAN AIR ACT (CAA) Authority:

EPA Asbestos NESHAP BANS ON USAGE OF CERTAIN ACM (In Facilities Regulated by the NESHAP Rule, Nov. 1990 Revision; 40 CFR 61, Subpart M)

A. Most spray-applied Surfacing ACM: *

- 1973 NESHAP, banned for fireproofing/insulating
- 1978 NESHAP, banned for "decorative" purposes

The Nov. 1990 revised asbestos NESHAP prohibits spray-on application of materials containing more than 1% asbestos to buildings, structures, pipes, and conduits unless the material is encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying.

The revised NESHAP still allows, on equipment and machinery, spray-on application of materials that contain more than 1% asbestos where the asbestos fibers in the materials are encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying; or for friable materials, where either no visible emissions are discharged to the outside air from spray-on application, or specified methods are used to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air.

B. Thermal System Insulation:
1975 NESHAP, banned installation of wet-applied and pre-formed (molded) asbestos pipe insulation.
1975 NESHAP, banned installation of pre-formed (molded) asbestos block insulation on boilers and hot water tanks.

C. Is there a NESHAP ban on troweled-on surfacing ACM?

No; that particular application was not banned by the most recent NESHAP revision, which was November 1990.

III. TOXIC SUBSTANCES CONTROL ACT (TSCA) Authority:

A. July 1989 EPA rule commonly known as the Asbestos Ban and Phaseout Rule (40 CFR 763, Sec. 762.160 - 763.179)

NOTE: Much of the original rule was vacated and remanded by the U.S. Fifth Circuit Court of Appeals in 1991. Thus, the original 1989 EPA ban on the U.S. manufacture, importation, processing, or distribution in commerce of many asbestos-containing product categories was set aside and did not take effect.

B. Federal Register, Nov. 5, 1993 (58 FR 58964), factual determinations: continuing restrictions on certain asbestos-containing products.

In this FR notice, EPA stated its position regarding the status of its ban on various asbestos-containing product categories. The status is briefly summarized below:

Products still banned -
Six asbestos-containing product categories that are still subject to the asbestos ban include:
1) corrugated paper, 2) rollboard, 3) commercial paper, 4) speciality paper, 5) flooring felt, and 6) new uses of asbestos.

Products not banned -
Asbestos-containing product categories no longer subject to the 1989 TSCA ban 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.

C. Federal Register, June 28, 1994 (59 FR 33208), Technical Amendment in Response to Court Decision on Asbestos

Revised the language of the asbestos ban rule to conform to the 1991 Court decision. Contains definitions; manufacturing and importation prohibitions; processing, and distribution in commerce prohibitions. Also clarifies labeling requirements for specified asbestos-containing products.

IV. SUMMARY

A. BANS on some ACM products and uses remain at this time (April 1999)

What are they?

Under the Clean Air Act:
Most spray-applied Surfacing ACM
Sprayed-on application of materials containing more than 1% asbestos to buildings, structures, pipes, and conduits unless the material is encapsulated with a bituminous or resinous binder during spraying and the materials are not friable after drying.
Wet-applied and pre-formed asbestos pipe insulation, and pre-formed asbestos block insulation on boilers and hot water tanks.

Under the Toxic Substances Control Act:
Corrugated paper, rollboard, commercial paper, specialty paper, flooring felt, and new uses of asbestos.

B. EPA has no existing bans on most other asbestos-containing products or uses.

For further information, contact the TSCA Assistance Information Service at 202-554-1404.

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