Asbestos in Materials: 1999 EPA Clarification of Regulations
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EPA Asbestos Materials Bans: Clarification issued on May 18, 1999
What products are currently permitted or not permitted to contain asbestos
Clarifies products and forms in which asbestos may be contained in various products & materials
Update on asbestos regulation in Australia

Asbestos is permitted in certain current product: this article provides an adaptation of an EPA clarification regarding banned asbestos materials that was issued in 1999. Here you can read just what products are currently permitted or not permitted to contain asbestos. The EPA clarification explains that asbestos is permitted in some products at levels over 1% where the fibers are encapsulated. The clarification lists examples of products in which asbestos is permitted and also lists examples of products in which the complete ban on use of asbestos remains in effect.

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Also see our primary article on this topic: ASBESTOS MATERIAL REGULATIONS where we describe permissible exposure limits (PELS) for asbestos during demolition and renovation in buildings containing asbestos-bearing products, the occurrence of asbestos in building materials, and the disposal of asbestos-containing demolition waste.

This website provides photographs and descriptive text of asbestos insulation and other asbestos-containing products to permit identification of definite, probable, or possible asbestos materials in buildings. Our page top photograph is of an obsolete ceiling tile which may contain asbestos in a form not permitted by current regulations.

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Important U.S. EPA Asbestos Materials Bans: Clarification - May 18, 1999

This article reports the US EPA 1999 Asbestos Material Bans Clarification. In the U.S. the U.S. EPA regulates the production of asbestos-containing products such that beginning in 1989 six forms of asbestos continued in use. They are described here.

A copy of the previous, now obsolete US EPA 1989 Asbestos Bans is available here.

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 such as textured paint, wall patching compounds. For more detailed information, contact the CPSC Hotline, at 1-800-638-2772.

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 60, 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 Phase out Rule" (40 CFR 763 Subpart I, 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 remain in 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:

Asbestos-containing Products still banned - Six asbestos-containing product categories that are still subject to the asbestos ban include:

corrugated paper
rollboard
commercial paper
specialty paper
flooring felt, and
new uses of asbestos

Asbestos-containing Products that are not banned - still permitted

Asbestos-containing product categories no longer subject to the 1989 TSCA ban include:

asbestos-cement shingle
asbestos-cement corrugated sheet
asbestos-cement flat sheet
asbestos-cement pipe
asbestos clothing
automatic transmission components
brake blocks
clutch facings
disc brake pads
drum brake linings
friction materials
gaskets
millboard
non-roofing coatings

pipeline wrap
roofing felt
roof coatings
vinyl-asbestos floor tile

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. (Note: these FR notices can be found on the EPA OPPT asbestos page under "Laws and Regulations."

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

EPA does NOT track the manufacture, processing, or distribution in commerce of asbestos-containing products.

We t would be prudent for a consumer or other buyer to inquire as to the presence of asbestos in particular products.

Possible sources of that information would include inquiring of the dealer/supplier or manufacturer, refer to the product's "Material Safety Data Sheet" (MSDS), or consider having the material tested by a qualified laboratory for the presence of asbestos.

For further information, contact the TSCA Assistance Information Service at 202-554-1404, or your EPA Regional Asbestos Coordinator for the state in which you live.

Australian, New Zealand, & Japan Regulation of Asbestos Containing Products

According to the Government of South Australia SafeWork SA,

The use of all types of asbestos in the amphibole group was banned in the mid 1980s.
Chrysotile asbestos was banned on 31 December 2003

According to Australian contractor Bill Bradley, referring to Fibro asbestos-cement roofing, "Only cement sheet products made before 1987 contain the dealy stuff. In NSW, for example, the use of it was discontinued in cement sheets by 1982, in corrugated sheets by 1984 and in all other products by 1986. Products containing it have been totally banned in Australia since 2004."

In Japan asbestos production peaked in 1974 but did not significantly drop before 1990. - citation needed beyond Wikipedia

New Zealand banned the import of amphibole asbestos in 1984, and banned chrysotile asbestos in 2002.

Complete List of Countries that Ban or Regulate the Use or Production of Asbestos

List of Countries Banning All Asbestos Use & Production as of 2005

Chile
Cyprus
Finland
Ireland
Kuwait
Latvia
Malta
Monaco
New Zealand - banned the import of amphibole asbestos in 1984, and banned chrysotile asbestos in 2002.
Norway
Slovenia
Sweden

List of Countries Banning Asbestos Use but Permitting Small Production or Trade in ACM

Argentina
Australia - We read other reports that Austraila did not ban asbestos completely until 2004 - citation needed.(See Wittenoom, Australia: mine source for crocidolite asbestos ("blue asbestos") from 1917 to 1966. )
Austria
Belgium
Coratia
Czech Republic
Denmark
Estonia
France
Germany
Greece
Hungary
Iceland
Italy
Japan - production did not significantly drop before 1990. - citation needed beyond Wikipedia
Lithuania
Luxembourg
Poland
Portugal
Saudi Arabia
Slovakia
South Africa - a major source of asbestos production
Spain
Switzerland
Netherlands, The
United Kingdom, the U.K.
Uruguay

List of Countries that Ratified the 1986 ILO 162 Rules on Asbestos Safety in the Workplace

Belgium
Bolivia
Bosnia
Brazil
Cameroon
Canada - a major source of asbestos production
Chile
Columbia
Croatia
Cyprus
Ecuador
Finland
Germany
Guatemala
Herzegovina
Japan
Macedonia
Montenegro
Portugal
Russia
Serbia
Slovenia
Switzerland
Uganda
Uruguay
Zimbabwe

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ASBESTOS FLOORING HAZARD REDUCTION
ASBESTOS-FREE INSULATION MATERIALS
ASBESTOS IDENTIFICATION IN buildings
ASBESTOS ROOFING / SIDING DUST
Asbestos Risk Assessment
Asbestos in Good Condition
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Asbestos Air Duct Vibration Dampers
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ASBESTOS MATERIAL REGULATIONS
ASBESTOS REGULATION Update
Asbestos Roofing Materials
Asbestos Roof Power Washing
ASBESTOS CEMENT & FIBER CEMENT SIDING
ASBESTOS in UNUSUAL PLACES
Carbon Nanotube Materials
CEILING TILES - Asbestos-Containing
Fireproofing containing Asbestos
ASBESTOS FLOOR TILE IDENTIFICATION
Paper Duct Insulation Containing Asbestos
TRANSITE PIPE AIR DUCTS
Transite Pipe Chimneys & Flues
Transite Pipe Water Supply Piping
Urea Formaldehyde Foam Insulation UFFI
VERMICULITE INSULATION
ASBESTOS PHOTO GUIDE to Materials
ASBESTOS REMOVAL, Wetting Guidelines
Asbestos Under the Microscope
BUILDING SAFETY HAZARDS GUIDE

INSULATION IDENTIFICATION GUIDE
  ASBESTOS-FREE INSULATION MATERIALS
  ASBESTOS IDENTIFICATION IN buildings
  Asbestos Pipe Insulation
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  BLOWN-IN INSULATION
  BRICK LINED WALLS
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  Foam Insulation Types - Visual Id
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  Insects & Foam Insulation
  Mineral Wool - Rock Wool Insulation
  Mold in Fiberglass Insulation
  Mold on Books, Book Conservation
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  MOLD PREVENTION AFTER FLOODING
  MOLD RESISTANT CONSTRUCTION
  Mold in Foam Insulation
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  PHENOLIC FOAM INSULATION
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  STRESS SKIN INSULATED PANELS
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  SUPER HI-R INSULATION
  SUPERINSULATION RETROFIT
  VERMICULITE INSULATION

3/07: thanks to Gary Randolph, Ounce of Prevention Home Inspection, LLC Buffalo, NY, for attentive reading and editing suggestions. Mr. Randolph can be reached in Buffalo, NY, at (716) 636-3865 or email: gary@ouncehome.com
06/07: thanks for photographs of transite asbestos heating ducts, courtesy of Thomas Hauswirth, Managing Member of Beacon Fine Home Inspections, LLC and (in 2007) Vice President, Connecticut Association of Home Inspectors Ph. 860-526-3355 Fax 860-526-2942 beaconinspections@sbcglobal.net
Thanks to Susan Kimball, Argus Pacific Corp., Puget Sound, WA, for pointing out that some products are permitted to contain more than 1% asbestos fibers by current standards provided that the fibers are encapsulated in an appropriate binder. Argus Pacific, in Seattle, WA 98119, 206.285.3373, is an industrial hygiene firm who also provide OSHA and DOSH regulated training in Washington State, providing classes in asbestos, lead, mold, hazardous waste, emergency response, and other occupational health, safety, and professional development topics. -- September 2008.
"Asbestos, What You Should Know", Government of South Australia, web search 10.05.2010, original source: http://www.safework.sa.gov.au/uploaded_files/asbestos_whatyoushouldknow.pdf
SafeWork SA Mineral Fibres Unit, Telephone: (08) 8303 0405
Dr Joe Crea, Chief Advisor - Hazardous Substances, SafeWork SA, Telephone: (08) 8303 0207, E-mail: crea.joe@saugov.sa.gov.au
Asbestos Victims Association (SA) INC, Telephone: (08) 8331 0254
Australian Environmental Protection Authority (EPA), Telephone: (08) 8204 2004
Bill Bradley, Darwin NT, Australia, web search 10/05/2010, original source: http://www.builderbill-diy-help.com/asbestos.html

Books & Articles on Building & Environmental Inspection, Testing, Diagnosis, & Repair

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Asbestos Hazard, Testing, Removal, References & Products

Environmental Health & Investigation Bibliography - our own technical library on indoor air quality inspection, testing, laboratory procedures, forensic microscopy, etc.
ASBESTOS IDENTIFICATION IN buildings How to find and recognize asbestos in buildings - visual inspection methods, list of common asbestos-containing materials
Asbestos Identification and Testing References

Asbestos Identification, Walter C.McCrone, McCrone Research Institute, Chicago, IL.1987 ISBN 0-904962-11-3. Dr. McCrone literally "wrote the book" on asbestos identification procedures which formed the basis for current work by asbestos identification laboratories.
Stanton, .F., et al., National Bureau of Standards Special Publication 506: 143-151
Pott, F., Staub-Reinhalf Luft 38, 486-490 (1978) cited by McCrone

Asbestos in Good Condition
Asbestos in Your Home U.S. EPA, Exposure Evaluation Division, Office of Toxic Substances, Office of Pesticides and Toxic Substances, U.S. Environmental Protection Agency, Washington,D.C. 20460
Asbestos HVAC Ducts and Flues field identification photos and guide
Asbestos NESHAP Adequately Wet Guidance, EPA340/1-90-019, December 1990, U.S. ENVIRONMENTAL PROTECTION AGENCY, Office of Air Quality Planning and Standards, Stationary Source Compliance Division, Washington, DC 20460,original web source: http://www.epa.gov/region04/air/asbestos/awet.htm
Asbestos paper duct wrap
Asbestos products and their history and use in various building materials such as asphalt and vinyl flooring includes discussion which draws on Asbestos, Its Industrial Applications, D.V. Rosato, engineering consultant, Newton, MA, Reinhold Publishing, 1959 Library of Congress Catalog Card No.: 59-12535 (out of print, text and images available at InspectAPedia.com).
Asbestos Transite Chimneys, Flues, & Pipes in buildings
Asbestos under the microscope
Asbestos Vibration Dampers & Asbestos in the Air Handler
Ceiling tiles: How to recognize ceiling tiles that may contain asbestos
Examples of unusual uses of asbestos in buildings
Fiberglass: Indoor Air Quality Investigations: Health Concerns About Airborne Fiberglass: Fiberglass in Indoor Air from HVAC ducts, and Building Insulation
Enviro-Scare: Electric Power Lines, Electromagnetic Fields, Cancer Risk, & "Enviro-Scare" - The Normal Curve Cycle of Public Fear of Environmental Issues
Dust from the World Trade Center collapse following the 9/11/01 attack: the lower floors of this building contained spray-on fire-proofing asbestos materials.
Asbestos Information Links: Asbestos Detection, Testing, Recognition, Hazards, Field Photos, and Information Sources, including health-related links such as legal services and information about mesothelioma and other cancers.
"Handling Asbestos-Containing roofing material - an update", Carl Good, NRCA Associate Executive Director, Professional Roofing, February 1992, p. 38-43
EPA Asbestos Materials Bans: Clarification, May 18, 1999, U.S. Environmental Protectin Agency, web searcvh 01/20/2011, original source http://www.epa.gov/asbestos/pubs/asbbans2.pdf
EPA Asbestos Materials Bans-1989: 1989 (OBSOLETE)
On July 12, 1989, EPA issued a final rule banning most asbestos-containing products. In 1991, this regulation was overturned by the Fifth Circuit Court of Appeals in New Orleans. As a result of the Court's decision, the following specific asbestos-containing products remain banned: flooring felt, rollboard, and corrugated, commercial, or specialty paper. In addition, the regulation continues to ban the use of asbestos in products that have not historically contained asbestos, otherwise referred to as "new uses" of asbestos.

For more [current] information read EPA Asbestos Materials Ban (ABPO Rule): Clarification (PDF) (this is a 1999 document, 3 pp., 10 K shown at the top of this page) - May 1999, web search 01/20/2011, original source: http://www.epa.gov/asbestos/pubs/asbbans2.pdf
Web Search 01/20/2011, original source: http://www.epa.gov/asbestos/pubs/ban.html - quoting:
Below are four relevant Federal Register notices [ concerning asbestos manufacture, use, and bans in the U.S.] :
1. Asbestos: Manufacture, Importation, Processing, and Distribution in Commerce Prohibitions; Final Rule (54 FR 29460, July 12, 1989) (FRL-3476-2) (PDF) (LARGE FILE 55 pp, 8.2MB) - web search 01/20/2011, original source http://www.epa.gov/asbestos/pubs/frl-3476-2.pdf
2. Asbestos; Manufacture, Importation, Processing and Distribution Prohibitions; Effect of Court Decision; Continuing Restrictions on Certain Asbestos-Containing Products (57 FR 11364, April 2, 1992) (FRL-4044-2) (PDF) (2 pp, 250K) web search 01/20/2011, original source http://www.epa.gov/fedrgstr/EPA-TOX/pre1994/4044-2.pdf
3. Asbestos; Manufacture, Importation, Processing and Distribution Prohibitions; Continuing Restrictions on Certain Asbestos-Containing Products (58 FR 58964, November 5, 1993) (FRL-4635-7) (PDF) (5 pp., 588K) web search 01/20/2011, original source http://www.epa.gov/fedrgstr/EPA-TOX/pre1994/4635-7.pdf
4. Technical Amendment in Response to Court Decision on Asbestos; Manufacture, Importation, Processing and Distribution Prohibitions; Technical Amendment (59 FR 33208, June 28, 1994) (FRL-4776-7) (PDF) (4 pp., 350K) web search 01/20/2011, original source http://www.epa.gov/fedrgstr/EPA-TOX/pre1994/4776-7.pdf
Asbestos Laws and Regulations, U.S. EPA
Laws and Regulations
TSCA (15 U.S.C. § 2601 et seq.)
Title 1 - Control of Toxic Substances - § 2605. Regulation of hazardous chemical substances and mixtures, web search 01/2/2011, original source: http://www.gpo.gov/fdsys/pkg/USCODE-
2009-title15/html/USCODE-2009-title15-chap53-subchapI-sec2605.htm

Title 2 - Asbestos Hazard Emergency Response, web search 01/2/2011, original source: http://www.gpo.gov/fdsys/pkg/USCODE-2009-title15
/html/USCODE-2009-title15-chap53-subchapII.htm

Code of Federal Regulations and Federal Register Notices
Code of Federal Regulations

40 CFR Part 763 - Asbestos (PDF) (96 pp, 588K, about PDF), web search 01/2/2011, original source: http://www.epa.gov/asbestos/pubs/2003pt763.pdf
Subpart E - Asbestos-Containing Materials in Schools
Subpart G - Asbestos Worker Protection
Subpart I - Prohibition of the Manufacture, Importation, Processing and Distribution in Commerce of Certain Asbestos-Containing Products; Labeling Requirements

40 CFR Part 61, Subpart M - National Emission Standards for Asbestos (PDF) (51 pp, 353K, about PDF) web search 01/2/2011, original source: http://www.epa.gov/asbestos/pubs/40cfr61subpartm.pdf

Federal Register

Federal Register Notices - The Government Printing Office maintains a searchable database of all Federal Register (FR) Notices.

The U.S. EPA also maintains a searchable listing of Federal Register Notices published by EPA.
EPA Guidance for Controlling Asbestos-Containing Materials in buildings, NIAST, National Institute on Abatement Sciences & Technology, [republishing EPA public documents] 1985 ed., Exposure Evaluation Division, Office of Toxic Substances, Office of Pesticides and Toxic Substances, U.S. Environmental Protection Agency, Washington,D.C. 20460

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Important U.S. EPA Asbestos Materials Bans: Clarification - May 18, 1999

I. Introduction:

II. CLEAN AIR ACT (CAA) Authority:

A. Most spray-applied Surfacing ACM: *

B. Thermal System Insulation:

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 Phase out Rule" (40 CFR 763 Subpart I, Sec. 762.160 - 763.179)

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

Asbestos-containing Products still banned - Six asbestos-containing product categories that are still subject to the asbestos ban include:

Asbestos-containing Products that are not banned - still permitted

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

IV. SUMMARY

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

Under the Toxic Substances Control Act:

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

Australian, New Zealand, & Japan Regulation of Asbestos Containing Products

Complete List of Countries that Ban or Regulate the Use or Production of Asbestos

List of Countries Banning All Asbestos Use & Production as of 2005

List of Countries Banning Asbestos Use but Permitting Small Production or Trade in ACM

List of Countries that Ratified the 1986 ILO 162 Rules on Asbestos Safety in the Workplace

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Asbestos Hazard, Testing, Removal, References & Products