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BumRushDaShow

(169,760 posts)
Tue Apr 5, 2022, 02:56 PM Apr 2022

EPA rule would finally ban asbestos, carcinogen still in use

Source: AP


FILE - Asbestos Removal Technologies Inc., job superintendent Ryan Laitila, right, sprays amended water as job forman Megan Eberhart holds a light during asbestos abatement in Howell, Mich., Oct. 18, 2017. The Environmental Protection Agency on Tuesday, April 5, 2022, proposed a rule to finally ban asbestos, a carcinogen that is still used in some chlorine bleach, brake pads and other products and kills thousands of Americans every year. (AP Photo/Paul Sancya, File)


WASHINGTON (AP) — The Environmental Protection Agency on Tuesday proposed a rule to finally ban asbestos, a carcinogen that is still used in some chlorine bleach, brake pads and other products and kills thousands of Americans every year. The proposal marks a major expansion of EPA regulation under a landmark 2016 law that overhauled rules governing tens of thousands of toxic chemicals in everyday products, from household cleaners to clothing and furniture. The proposed rule would ban chrysotile asbestos, the only ongoing use of asbestos in the United States.

The substance is found in products such brake linings and gaskets, and is used to manufacture chlorine bleach and sodium hydroxide, also known as caustic soda. EPA Administrator Michael Regan called the rule an important step to protect public health and “finally put an end to the use of dangerous asbestos in the United States.″ The proposed ban “demonstrates significant progress in our work to implement the (2016) law and take bold, long-overdue actions to protect those most vulnerable among us,” Regan said. The 2016 law authorized new rules for tens of thousands of toxic chemicals found in everyday products, including substances such as asbestos and trichloroethylene that for decades have been known to cause cancer yet were largely unregulated under federal law.

Known as the Frank Lautenberg Chemical Safety Act, the law was intended to clear up a hodgepodge of state rules governing chemicals and update the Toxic Substances Control Act, a 1976 law that had remained unchanged for 40 years. The EPA banned asbestos in 1989, but the rule was largely overturned by a 1991 court decision that weakened EPA’s authority under TSCA to address risks to human health from asbestos or other existing chemicals. The 2016 law required the EPA evaluate chemicals and put in place protections against unreasonable risks.

At the signing ceremony for the new law, then-President Barack Obama said the U.S. chemical system under TSCA was “so complex, so burdensome that our country hasn’t even been able to uphold a ban on asbestos. I think a lot of Americans would be shocked by all that.” Asbestos, which was once common in home insulation and other products, is banned in more than 50 countries and its use in the U.S. has been declining for decades. The only form of asbestos known to be currently imported, processed or distributed for use in the U.S. is chrysotile asbestos, which is imported primarily from Brazil and Russia. It is used by the chlor-alkali industry, which produces bleach, caustic soda and other products.

Read more: https://apnews.com/article/business-health-united-states-environment-environment-82341b509d0398c2bbfcd00ea28af69b



I know when I worked in our lab, we had asbestos incorporated in all sorts of things including the gloves we used to take stuff out of our muffle furnace (that could go up to like 2000F) and I'm sure there was some in the old heating mantles (definitely not used anymore).
14 replies = new reply since forum marked as read
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EPA rule would finally ban asbestos, carcinogen still in use (Original Post) BumRushDaShow Apr 2022 OP
I remember when Donald Trump legalized James48 Apr 2022 #1
Just saw your post after I sent Traildogbob Apr 2022 #3
+1 dalton99a Apr 2022 #4
Translation: "Approved {by} Donald Trump - 45th President {of} USA" eppur_se_muova Apr 2022 #14
Asbestos has never been illegal. former9thward Apr 2022 #6
"Asbestos has never been illegal." BumRushDaShow Apr 2022 #8
All of your summaries are from the early 90s. former9thward Apr 2022 #9
I will quote you again - from your own reply title BumRushDaShow Apr 2022 #11
Interesting you seem to have no problem with posters saying Trump legalized it. former9thward Apr 2022 #12
You should know the difference BumRushDaShow Apr 2022 #13
Let's not forget Traildogbob Apr 2022 #2
As the summaries in post #8 show asbestos has been used since court decisions in the early 90s. former9thward Apr 2022 #10
Asbestos - A Matter of Time (1959)... PoliticAverse Apr 2022 #5
Back in 2012 tRumpy tweeted about asbestos and 9/11 Ziggysmom Apr 2022 #7

Traildogbob

(13,018 posts)
3. Just saw your post after I sent
Tue Apr 5, 2022, 03:44 PM
Apr 2022

Mine. If I’m correct I think the pallets had trumps name stamped on them.

eppur_se_muova

(41,942 posts)
14. Translation: "Approved {by} Donald Trump - 45th President {of} USA"
Tue Apr 5, 2022, 11:01 PM
Apr 2022

I only recently realized that TFG's name is Russified as "Tramp". I suppose the pronunciation is more of a schwa ( ə ).

(TRAMПOM is Trampom, Tramp in the genitive case.)

former9thward

(33,424 posts)
6. Asbestos has never been illegal.
Tue Apr 5, 2022, 05:14 PM
Apr 2022

Your link shows asbestos being imported into the U.S. in 2016.

BumRushDaShow

(169,760 posts)
8. "Asbestos has never been illegal."
Tue Apr 5, 2022, 06:51 PM
Apr 2022

Except it WAS "illegal" (banned) from 1989 until 1991 when a court threw out the EPA's Rules as published, and revisions to the Rules were put into effect in 1994.

From the OP except - https://apnews.com/article/business-health-united-states-environment-environment-82341b509d0398c2bbfcd00ea28af69b

The EPA banned asbestos in 1989, but the rule was largely overturned by a 1991 court decision that weakened EPA’s authority under TSCA to address risks to human health from asbestos or other existing chemicals. The 2016 law required the EPA evaluate chemicals and put in place protections against unreasonable risks.


The EPA summary of what happened - https://www.epa.gov/asbestos/asbestos-ban-and-phase-out-federal-register-notices

Asbestos Ban and Phase-Out Federal Register Notices

On July 12, 1989, EPA issued a final rule banning most asbestos-containing products. In 1991, this regulation was overturned by the Fifth Circuit Court of Appeals in New Orleans. As a result of the Court's decision, the 1989 asbestos regulation only bans new uses of asbestos in products that would be initiated for the first time after 1989 and bans the following specific asbestos-containing products: flooring felt, rollboard, and corrugated, commercial, or specialty paper.

Below are relevant Federal Register notices:

  • Asbestos: Manufacture, Importation, Processing, and Distribution in Commerce Prohibitions; Final Rule (54 FR 29460, July 12, 1989) (FRL-3476-2)
  • Technical Amendment in Response to Court Decision on Asbestos; Manufacture, Importation, Processing and Distribution Prohibitions; Technical Amendment (59 FR 33208, June 28, 1994) (FRL-4776-7)


  • ^^^1st link is a PDF file and is a photocopy of the Federal Register and the 2nd link is to a text version of EPA's Rules revision (excerpted below) based on compliance to the court decision



    Excerpt from 1st link PDF (FEDERAL REGISTER PUBLICATION) - https://www.epa.gov/sites/production/files/documents/nps57f.pdf (PDF)

    29460 Federal Register / Vol. 54, No. 132 / Wednesday, July 12, 1969 I Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY

    40 CFR Part 763

    [OPTS-62036G FRL-3476-2]

    Asbestos Manufacture, Importation,
    Processing, and Distribution in
    Commerce Prohibitions


    AGENCY: Environmental Protection
    Agency.

    ACTION: Final rule.
    _______________________________
    SUMMARY: EPA is issuing this fired rule under section 6 of the Toxic Substances Control Act (TSCA) to prohibit, at staged intervals, the future manufacture, importation, processing. and distribution in commerce of asbestos in almost all products, as identified in the rule. EPA is issuing this rule to reduce the unreasonable risks presented to human health by exposure to asbestos during activities involving these products. The rule requires that asbestos-containing products that are subject to the bans be labeled to promote compliance with and enforcement of the rule. The rule provides that exemptions from the rule’s bans on manufacture, importation, processing, and distribution in commerce may be granted by EPA in very limited circumstances.

    DATES: In accordance with 40 CFR 23.5, this rule shall be promulgated for purposes of judicial review at 1 p.m. eastern time on July 26, 1989. The effective date of th]s rule is August 25, 1989, except for the information collection requirements of 40 CFR
    763.173, 763.178, and 763.179.


    REVISION

    [Federal Register Volume 59, Number 123 (Tuesday, June 28, 1994)]
    [Unknown Section]
    [Page ]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-15676]


    [Federal Register: June 28, 1994]


    -----------------------------------------------------------------------


    ENVIRONMENTAL PROTECTION AGENCY
    40 CFR Part 763

    [OPPTS-62114B; FRL-4776-7]


    Technical Amendment in Response to Court Decision on Asbestos;
    Manufacture, Importation, Processing and Distribution Prohibitions

    AGENCY: Environmental Protection Agency (EPA).

    ACTION: Technical amendment.

    -----------------------------------------------------------------------

    SUMMARY: EPA is revising the language of the Prohibition of the
    Manufacture, Importation, Processing, and Distribution in Commerce of
    Certain Asbestos-containing Products; Labeling Requirements Rule (also
    known as the Asbestos Ban and Phase Out or ABPO Rule) in the Code of
    Federal Regulations (CFR) to conform to a court decision that vacated
    and remanded part of the ABPO Rule and to an EPA factfinding conducted
    in accordance with the court's decision. The ABPO Rule prohibited the
    manufacture, importation, processing, and distribution in commerce of
    most asbestos-containing products in three stages over 7 years
    beginning in 1990. On October 18, 1991, the United States Court of
    Appeals for the Fifth Circuit (the court) vacated and remanded most of
    the ABPO Rule. In a subsequent clarification, the court said the rule
    continued to govern asbestos-containing products that were not being
    manufactured, imported, or processed on July 12, 1989. EPA conducted a
    factfinding and concluded that six asbestos-containing product
    categories in the ABPO Rule were not being manufactured, processed, or
    imported on July 12, 1989, and thus are still subject to the rule. This
    document revises the CFR to conform to the findings of EPA in
    accordance with the court decision, and requires no notice and public
    comment.

    EFFECTIVE DATE: This document is effective on June 28, 1994.

    FOR FURTHER INFORMATION CONTACT: Susan B. Hazen, Director,
    Environmental Assistance Division (7408), Office of Pollution
    Prevention and Toxics, Environmental Protection Agency, 401 M St., SW.,
    Washington, DC 20460, Telephone: (202) 554-1404, TDD: (202) 554-0551.

    (snip)


    At the time, the "exceptions" were for the tons of stuff that had already been manufactured ( "end products" ) and contained asbestos prior to the ban, as well as for certain military use, and for certain applications where substitutes were in development but not yet ready to be used as a substitute. It also excepted what had been used in homes or vehicles that had some components containing asbestos and there are sections in there talking about phasing it out/removing it.

    They even mention an exemption process - https://www.epa.gov/sites/production/files/documents/nps57f.pdf (PDF - pg 29464 Federal Register / Vol. 54, No. 132) -

    (snip)

    EPA believes that, because of the rapid development of’ asbestos substitutes, decisions on exemption applications made before these dates would be premature. However, EPA will consider, if appropriate, arguments made for an exemption from a ban on distribution in commerce for a product at the tine and applicant submits an application for an exemption from a manufacture, importation, or processing ban.

    (snip)

    former9thward

    (33,424 posts)
    9. All of your summaries are from the early 90s.
    Tue Apr 5, 2022, 08:43 PM
    Apr 2022

    So Trump did not "legalize" it which is what the poster said.

    BumRushDaShow

    (169,760 posts)
    11. I will quote you again - from your own reply title
    Tue Apr 5, 2022, 09:11 PM
    Apr 2022
    Asbestos has never been illegal.


    And you were shown, with a myriad of links and excerpts, that you were incorrect.

    Reading (and researching) is fundamental.

    former9thward

    (33,424 posts)
    12. Interesting you seem to have no problem with posters saying Trump legalized it.
    Tue Apr 5, 2022, 09:22 PM
    Apr 2022

    Even though, except for a brief two year period in the early 90s, it has never been banned.

    BumRushDaShow

    (169,760 posts)
    13. You should know the difference
    Tue Apr 5, 2022, 09:28 PM
    Apr 2022

    between broadly declaring someone wrong without any justification or links while dismissing someone who actually correctly noted what was done by the previous President via an E.O. to have EPA change Rules that effectively removed restrictions that had been implemented in the previous Rules modifications.

    Traildogbob

    (13,018 posts)
    2. Let's not forget
    Tue Apr 5, 2022, 03:41 PM
    Apr 2022

    Trump immediately allowed asbestos to be used again merely months after he was installed. And Russia (a large exporter) started shipping pallets of it to the US praising trump. Yet everyday there are law suit commercials to alert its victims. I wondered when that would be overturned after his ass was out.

    former9thward

    (33,424 posts)
    10. As the summaries in post #8 show asbestos has been used since court decisions in the early 90s.
    Tue Apr 5, 2022, 08:46 PM
    Apr 2022

    Long before Trump.

    Ziggysmom

    (4,123 posts)
    7. Back in 2012 tRumpy tweeted about asbestos and 9/11
    Tue Apr 5, 2022, 05:33 PM
    Apr 2022

    "If we didn’t remove incredibly powerful fire retardant asbestos & replace it with junk that doesn’t work, the World Trade Center would never have burned down."

    What a moron

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