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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

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 Newspaper and magazine articles, Internet information, even some currently available (but outdated) documents from the EPA and other federal agencies may contain statements about an EPA asbestos ban that are incorrect.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

1. corrugated paper
2. rollboard
3. commercial paper
4. specialty 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 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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ASBESTOS IDENTIFICATION IN BUILDINGS
Asbestos Risk Assessment
Asbestos in Good Condition
Asbestos in Poor Condition
Asbestos Removal, Amateur, Incomplete
Asbestos Foamed-Over
Asbestos Air Ducts
Asbestos Air Duct Vibration Dampers
Asbestos Pipe Insulation
Asbestos Regulation Update
Asbestos Roofing Materials
Asbestos Siding Materials
Asbestos in unusual places
Carbon Nanotube Materials
Ceiling Tiles Containing Asbestos
Fireproofing containing Asbestos
Floor Tiles Containing Asbestos
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 Containing Asbestos
Other Asbestos-Containing Materials
Asbestos Under the Microscope

Insulation Material Identification Guide
Asbestos-Free Insulation Materials
  Asbestos Pipe Insulation
  Balsam Wool Batt Insulation
  Cotton Insulating Batts
  Cellulose loose fill insulation
  Concrete insulation, light-weight
  Fiberglass Insulation
  Foam Board Insulation
  Foam Insulation Types - Visual Id
  Homasote & Other Insulating Board
  Icynene Foam Spray Insulation
  Insects & Foam Insulation
  Mineral Wool - Rock Wool Insulation
  Mold in Fiberglass Insulation
  Mold in Foam Insulation
  Paper Duct Insulation
  Perlite Insulation
  POLYISOCYANURATE FOAM INSULATION
  POLYSTYRENE FOAM INSULATION
  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.

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More Information on Building Diagnostic Inspections and Repairs

• Asbestos: How to find and recognize asbestos in Buildings - visual inspection methods, list of common asbestos-containing materials
• Asbestos HVAC Ducts and Flues field identification photos and guide
• 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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