Technical Amendment, 1994

Technical Amendment in Response to Court Decision on Asbestos; Manufacture, Importation, Processing and Distribution Prohibitions; Technical Amendment (40 CFR 763)

Technical Amendment, 1994

Although the manufacture and sale of most asbestos products in the United States was prohibited by a 1989 final rule issued by the Environmental Protection Agency, most of this rule was overturned in the case of Corrosion Proof Fittings vs. the EPA, argued before the Court of Appeals for the Fifth Circuit in 1991.  However, the Court conceded that products that “were no longer being manufactured, imported, or processed on July 12, 1989, when the ABPO [Asbestos Ban and Phase Out] Rule was issued were still subject to the rule.”  After thorough research, in 1993 the EPA concluded that six product categories were subject to continuing restriction under the original ban.

Amendments to the ABPO Rule

In amendments published in the Federal Register on June 28, 1994, the EPA added definitions for the six categories that remained subject to the ban:
  • Commercial paper: an asbestos-containing product which is made of paper intended for use as general insulation paper or muffler paper
  • Corrugated paper: an asbestos-containing product made of corrugated paper, which is often cemented to a flat backing, may be laminated with foils of other materials, and has a corrugated surface
  • Flooring felt: an asbestos-containing product which is made of paper felt intended for use as an underlayer for floor coverings, or to be bonded to the underside of vinyl sheet flooring
  • New uses of asbestos: commercial uses of asbestos … the manufacture, importation or processing of which would be initiated for the first time after August 25, 1989
  • Rollboard: an asbestos-containing product made of paper that is produced in a continuous sheet, is flexible, and is rolled to achieve a desired thickness.  Asbestos rollboard consists of two sheets of asbestos paper laminated together
  • Specialty paper: an asbestos-containing product that is made of paper intended for use as filters for beverages or other fluids or as paper fill for cooling towers

Timeline

The amendment maintained the timeline set forth in the original ABPO rule.  Flooring felt, which had been one of the items listed in Stage One, was not to be manufactured or imported after August 27, 1990, or sold after August 25, 1992.  New uses of asbestos were also placed in this category.  The remaining products had been a part of Stage Three, and thus were not to be manufactured or imported after August 26, 1996, or sold after August 25, 1997. Reference:
  • U.S. Environmental Protection Agency. (June 28, 1994). “Technical Amendment in Response to Court Decision on Asbestos; Manufacture, Importation, Processing and Distribution Prohibitions; Technical Amendment.” Retrieved March 22, 2011 from the EPA.