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Newspaper and magazine articles, Internet information, and currently available (but outdated) documents from the EPA and other federal agencies may contain incorrect statements about an EPA asbestos ban.
In 1989 The Environmental Protection Agency (EPA) Exit Ecology banned U.S. manufacturing, importation, processing, or distribution in commerce of many asbestos-containing product categories.
In 1991 much of the original "Asbestos Ban and Phase out" rule was set aside by the U.S. Fifth Circuit Court of Appeals.
The EPA has published a clarification of the Asbestos Ban and Phase Out Exit Ecology on the EPA headquarters Asbestos web site, under Additional Asbestos Information and then Status of EPA's Asbestos Ban . Please refer to the full document for more information. Some descriptions of banned and non-banned Asbestos Containing Material products and uses from the clarification are:
Banned under the Clean Air Act:
Banned under the Toxic Substances Control Act:
Product categories that are no longer banned under TSCA include
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. It 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 EPA information:
EPA TSCA Assistance Information Service at 202-554-1404
EPA Regional Asbestos Coordinator for Washington State: Kathleen S. Johnson at 206-553-1757 or FAX 206-553-0110 or Email (johnson.kathleens@epa.gov).
The Consumer Product Safety Commission (CPSC) Exit Ecology banned asbestos use in several consumer products. The Federal Register listing banned asbestos items is available from the Code of Federal Regulations website at: http://www.access.gpo.gov/nara/cfr/cfr-table-search.html Exit Ecology. Asbestos bans are found in Title 16 Commercial Practices, Chapter II Consumer Product Safety Commission, parts 1304 (consumer patching materials), and 1305 (artificial fireplace ashes and embers).
CPSC Hotline information, at 1-800-638-2772.