Asbestos Awareness- Page9
Wasn't Asbestos Banned?
EPA has found that there are rather common misunderstandings about its 1989 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 Newspaper and magazine articles, Internet information, even some currently available (but outdated) documents from the EPA and other federal agencies may contain statements about an EPA asbestos ban that are incorrect. In fact, in 1991 the U.S. Fifth Circuit Court of Appeals vacated much of the so-called "Asbestos Ban and Phaseout" rule and remanded it to the EPA. Thus, much of the original 1989 EPA ban on the U.S. manufacturing, importation, processing, or distribution in commerce of many asbestos-containing product categories was set aside and did not take effect. Six asbestos-containing product categories are still subject to the 1989 asbestos ban. However, 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.
Because of the North American Free Trade Act, products that are made for use in Canada and Mexico, neither of which have banned the used of asbestos in products, are available today in the United States.
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