Regulating Asbestos

Regulating Asbestos in Manufacturing

In regulating asbestos, we have to know its background.  Occurring in soil and rock, asbestos is a natural mineral fiber.  It is used in a variety of building construction materials for its fiber strength and heat resistance. The common use of asbestos in products are for insulation and fire retardant. A wide range of manufactured goods mostly in building materials include: ceiling and floor tiles, roofing shingles, cement products and even on some paper products. For its fire retardant qualities, it is also used in manufacturing friction products such as; automobile brakes, clutch, and transmission parts, gaskets, packaging, heat-resistant fabrics and coatings. But asbestos is found to be a highly toxic substance and air pollutant.  This is the reason why it is now strictly regulated by U.S. Federal Laws, the Clean Air Act (CAA), the Consumer Product Safety Commission and EPA.  This article will discuss the governing regulations on the use and ban of asbestos in manufactured products.

U.S. Federal Bans on Asbestos and here is a list of banned products and uses:

Under the (TSCA) Toxic Substances Control Act: Under the regulation, the U.S. Federal regulate and ban the importation, processing, manufacture and distribution commercially of certain products containing asbestos, such as roll board, corrugated paper, specialty paper, commercial paper and flooring felt.

In addition, herein referred to as the “new uses” or applications of asbestos, it also prohibits the asbestos contained products that have not previously contained asbestos by history.

Under the Clean Air Act (CAA): Banned Asbestos-containing Uses

1. Asbestos block insulation on facility components and asbestos pipe insulation for hot water tanks and boilers, if the materials are either friable or wet-applied and friable after drying or pre-formed or molded.

2. Surface spray-applied asbestos-containing materials. Spray-on application of materials containing more than 1% asbestos to pipes, conduits, structures or buildings, unless certain conditions specified under 40 CFR 61, Subpart M are strictly met.

Under the Consumer Product Safety Act (Consumer Product Safety Commission): Banned Products

The use of asbestos is banned in wall patching compounds and artificial fireplace embers.

However, there are also examples of asbestos-containing products that are not banned:

The importation, processing, manufacture and commercial distribution of these products, as well as some others not listed here are not banned.

1. Cement corrugated sheet
2. Cement flat sheet
3. Clothing
4. Pipeline wrap
5. Roofing felt
6. Vinyl floor tile
7. Cement shingle
8. Mill board
9. Cement pipe
10. Automatic transmission components
11. Clutch facings
12. Friction materials
13. Disk brake pads
14. Drum brake linings
15. Brake blocks
16. Gaskets
17. Non-roofing coatings
18. Roof coatings

Regulatory history of asbestos bans:

EPA banned in 1973 spray-applied surfacing asbestos-containing material for fireproofing/insulating purposes. Refer to (NESHAP) National Emission Standards for Hazardous Air Pollutants at 40 CFR Part 61, Subpart M for references.

EPA banned in 1975 the installation of asbestos pipe insulation and asbestos block insulation on factory components.  These includes hot water tanks and boilers, if the materials are either pre-formed or molded and friable or wet-applied and friable after drying.  Refer to (NESHAP) National Emission Standards for Hazardous Air Pollutants at 40 CFR Part 61, Subpart M for references.

EPA banned in 1978 the spray-applied surfacing materials for purposes not already banned. Refer to (NESHAP) National Emission Standards for Hazardous Air Pollutants at 40 CFR Part 61, Subpart M, for references.

The (CPSC) Consumer Product Safety Commission also banned in 1977 the use of asbestos in patching compounds and artificial fireplace embers. Refer to 16 CFR Part 1305 and 16 CFR 1304 for references.

However in 1989, the EPA issued a final rule under Section 6 of Toxic Substances Control Act (TSCA) banning most asbestos-containing products. But in 1991, this rule was vacated and remanded by the Court of Appeals, Fifth Circuit. It overturned the 1989 final rule on the ban for the importation, processing, manufacture and distribution commercially of asbestos-containing products. Refer to 40 CFR 763 Subpart I.

Products containing asbestos that remain banned:

In 1990, EPA prohibited the spray-on application of materials containing more than 1% asbestos to pipes and conduits and structures or buildings unless certain conditions specified in the (NESHAP) National Emission Standards for Hazardous Air Pollutants at 40 CFR 61, Subpart M are conditionally met in regulating asbestos.