Asbestos in Materials: 1999 EPA Clarification of Regulations InspectAPedia® -
EPA Asbestos Materials Bans: Clarification issued on
May 18, 1999
Clarifies products and forms in which asbestos may be contained in various products & materials
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This page provides an EPA clarification regarding banned asbestos materials that was issued in 1999. 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.
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.
EPA Asbestos Materials Bans: Clarification
May 18, 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articles, Internet information, even some currently available (but outdated) documents from the EPA and other federal agencies may contain statements about an EPA asbestos ban that are incorrect.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 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 Phaseout 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:
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
Products not banned -
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.
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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.
Books & Articles on Building & Environmental Inspection, Testing, Diagnosis, & Repair
Our recommended books about building design, inspection, and repair, and about indoor environment testing, diagnosis, and cleanup are at the InspectAPedia Bookstore.
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.
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
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