The Environmental Protection Agency (EPA) announced a final rule last week that regulates asbestos use in the United States, but it is not a full, outright ban of asbestos. The rule doesn’t at all address the 31 million metric tons of asbestos introduced into our homes, schools, government buildings and products during the 20th century.
In 1989, the EPA attempted a full ban on asbestos under Section 6 of the Toxic Substances Control Act (TSCA). That decision was overturned by the Fifth Circuit Court of Appeals in 1991, thus transforming the 1989 final rule into a partial ban on five specific uses of asbestos and prohibiting any new commercial uses of asbestos after August 25, 1989.
Under the 2019 final rule:
- The five uses of asbestos banned in 1989 remain banned as well as 19 other uses (see list below).
- Asbestos manufacturers must seek approval from the EPA before attempting to resume discontinued uses of asbestos.
- Requires the EPA to evaluate the risks associated with a handful of very limited, ongoing uses of asbestos.
“The EPA’s 2019 final rule falls short of its stated goal to protect the public from asbestos exposure as it does nothing to address imported asbestos and the legacy asbestos in our homes and workplaces. Despite regulations, the number of deaths from mesothelioma continues to increase.”
Mary Hesdorffer, NP, executive director of the Mesothelioma Applied Research Foundation
It will take at least 60 days for the final rule to go into effect.
Asbestos uses that are currently banned:
- Corrugated paper
- Rollboard
- Commercial paper
- Specialty paper
- Flooring felt
- New commercial uses that began after August 25, 1989
Asbestos uses now additionally banned under 2019 final rule:
- Adhesives, sealants, roof and non-roof coatings
- Arc chutes
- Beater-add gaskets
- Cement products
- Extruded sealant tape and other tape
- Filler for acetylene cylinders
- Friction materials
- High grade electrical paper
- Millboard
- Missile liner
- Packings
- Pipeline wrap
- Reinforced plastics
- Roofing felt
- Separators in fuel cells and batteries
- Vinyl-asbestos floor tile
- Woven products
- Other building products
The Mesothelioma Applied Research Foundation is the only 501(c)(3) nonprofit organization working to eradicate mesothelioma and end this national tragedy. Its programs include the funding of promising and peer-reviewed research, education, support and advocacy. The organization strives to bring together thought-leaders in the field to identify the most direct path to a cure.
