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.

Important U.S. EPA Asbestos Materials Bans: Clarifications - May 18, 1999 & 2003

Article Contents

• EPA ASBESTOS MATERIALS BAN 1999 CLARIFICATION
  • ASBESTOS-containing PRODUCTS STILL BANNED
  • ASBESTOS-containing PRODUCTS NOT BANNED - still permitted

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.

[Click to enlarge any image]

Our page top photograph is of an obsolete ceiling tile which may contain asbestos in a form not permitted by current regulations.

Photo at left: Tremolite asbestos ceiling insulation panels.

This article reports the US EPA 1999 Asbestos Material Bans Clarification and the 2003 Asbestos Ban clarification issued by the EPA. 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 EPA ACM BAN 1989-OBSOLETE [PDF] and the clarification (reproduced entirely just below) is also available

at EPA ASBESTOS MATERIALS BAN: CLARIFICATION 2003

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 Newspaper and magazine articles, Internet information, even some currently available (but outdated) documents from the EPA and other federal agencies may contain statements about an EPA asbestos ban that are incorrect.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 Phase out) 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:

1. corrugated paper
2. rollboard
3. commercial paper
4. specialty paper
5. flooring felt, and
6. 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.

...

---

---

ADVERTISEMENT

---

---

Reader Q&A - also see RECOMMENDED ARTICLES & FAQs

On 2020-06-30 - by (mod) -

I'm worried about this asbestos floor tile

Kristina

I'm not sure of the question, but in general, asbestos-suspect flooring is safest left in place if it's intact and can be covered-over.

If you really need to remove old asbestos-suspect flooring, in tile or sheet form,

see ASBESTOS FLOORING REMOVAL GUIDE

On 2020-06-30 by Kristina

I live in a one bedroom townhome owned by my aunt. It was purchased by her but she lived in a different state so never saw the home but said it had been inspected.

I was cleaning behind the big appliances and discovered two layers of sheet vinyl flooring and those two layers (definitely disgusting having not been cleaned before putting the second layer directly on top for looks to sell most likely,

However, the vinyl is peeling up and cracking as the second layer was not put down when my aunt purchased it. It was bought by a registered sexy offender who was not ever allowed to do thanks to a background check and my aunt was quick to buy and get me back to my state in Virginia.

Directly under this dry rotting two layers of vinyl ( which is also in the one bathroom upstairs) is tile. Not a sheet. Individual tiles that, again, are disgusting.

I have seen not one bug in these last 10 months. My car killed a mouse but no bugs at all until this day I decided to pull out the appliances. Can you tell me whether they could be asbestos (built in 1963) when I had almost finished and they were not your normal household bugs.

Anyway, I think I read that asbestos vinyl sheet flooring is ok but I was not able to find out about hard regular tile.

Dirty and probably old unless there is more underneath. Thank you for reading my wordy question. Lol.

Sincerely,
Kristina

My hand is holding up the two layers vinyl that is, seemingly, held together by old popsicle drippings.

Question: Is my home safe and non-toxic?

(Apr 3, 2014) Eddee said:
Considering buying an older home, constructed with Cemesto, by Celotex. Wondering if this is a safe non-toxic home considering the asbestos within the product. Bottom line, is a Cemesto constructed home "safe"?

Reply:

Eddee I'd be even dumber than I seem if I promised that a home were "safe" based on a one-line e-text query; you're far more likely to be injured falling down stairs than by cement-asbestos siding.

Cemesto was an asbestos-cement product produced by Celotex as early as 1937. I think part of its appeal was for the speed and economy of fast, mass-produced pre-fab housing, as it was made in thick, long and wide panels. That made the material structurally strong as well as durable.

The hazards of asbestos cement products occur principally during demolition, sawing, or other dust-producing activities.

(Apr 3, 2014) Eddee said:
Thank you. I had thought a quick one line query would not be overbearing and technical, sorry for being so evasive. Was thinking about purchasing a home that was exactly as you described, pre-fabbed, mass produced and built in 1942.

Structurally, the home seems good, I was just concerned with the asbestos within the cement. You know, we hear, "asbestos" and tend to freak out. However, if the hazards are most consistent with demo, cutting, and producing particulates I think we're good. Thanks for your reply, appreciate your time.

Reply:

E.

The issues are well understood. Over at my articles on EnviroScare I point out that even when risks are later proven to be zero, the impact on real estate of topics that frighten people never fall off to zero.

Question:

(Apr 28, 2015) scott said:
seeking list of roof ACMs that are aligned with OSHA's incidental and Class II asbestos work on roofs

Reply:

Scott, see ASBESTOS CEMENT PRODUCTS

...

Continue reading  at ASBESTOS PRODUCTS BANNED vs PERMITTED U.S. 2023, or select a topic from the closely-related articles below, or see the complete ARTICLE INDEX.

Or see these

Recommended Articles

• ASBESTOS MATERIAL REGULATIONS - home
• ASBESTOS PRODUCTS BANNED vs PERMITTED U.S. 2023
• EPA ASBESTOS MATERIALS BAN 2003 CLARIFICATION [PDF]
• EPA ASBESTOS MATERIALS BAN 1989 [PDF]

Suggested citation for this web page

EPA ASBESTOS MATERIALS BAN 1999 CLARIFICATION at InspectApedia.com - online encyclopedia of building & environmental inspection, testing, diagnosis, repair, & problem prevention advice.

Or see this

INDEX to RELATED ARTICLES: ARTICLE INDEX to ASBESTOS HAZARDS

Or use the SEARCH BOX found below to Ask a Question or Search InspectApedia

Ask a Question or Search InspectApedia

Try the search box just below, or if you prefer, post a question or comment in the Comments box below and we will respond promptly.

Note: appearance of your Comment below may be delayed: if your comment contains an image, photograph, web link, or text that looks to the software as if it might be a web link, your posting will appear after it has been approved by a moderator. Apologies for the delay.

Only one image can be added per comment but you can post as many comments, and therefore images, as you like.
You will not receive a notification when a response to your question has been posted.
Please bookmark this page to make it easy for you to check back for our response.
Our Comment Box is provided by Countable Web Productions countable.ca

Citations & References

In addition to any citations in the article above, a full list is available on request.

---

ADVERTISEMENT

---