US EPA Published Final Rule on the Restriction of Asbestos (40 CFR 721.11095)

The U.S. Environmental Protection Agency (EPA) has published Final Rule to restrict the discontinued uses of asbestos (40 CFR 721.11095) and it shall be effective on 24 June 2019.

EPA has promulgated a rule to ensure that any discontinued uses of asbestos cannot re-enter the marketplace without EPA review. According to the Final Rule, 40 CFR 721.11095 shall be newly added. The chemical substance identified as asbestos(see note) shall be subject to reporting for the significant new use, which is manufacturing (including importing) or processing for any of the following uses:

1.  Adhesives, sealants, roof and non-roof coatings;
2.  Arc chutes;
3.  Beater-add gaskets;
4.  Cement products;
5.  Extruded sealant tape and other tape;
6.  Filler for acetylene cylinders;
7.  Friction materials;
8.  High grade electrical paper;
9.  Millboard;
10.  Missile liner;
11.  Packings;
12.  Pipeline wrap;
13.  Reinforced plastics;
14.  Roofing felt;
15.  Separators in fuel cells and batteries;
16.  Vinyl-asbestos floor tile;
17.  Woven products;
18.  Other building products; or
19.  Any other use of asbestos.

1.  Diaphragms for use in chorine and sodium hydroxide production;
2.  Sheet gaskets for use in chemical manufacturing;
3.  Brake blocks in oil drilling equipment;
4.  Aftermarket automotive brakes/ linings;
5.  Other vehicle friction products; or
6.  Other gaskets.
7.  The manufacture (including importation) or processing of the asbestos-containing products identified in 40 CFR 763.165, which shall continue to be prohibited.

In addition, the person who intends to manufacture (including import) or process the asbestos for the significant new use shall comply with the notice requirement and procedures (40 CFR 721.25).

Note: Asbestos is defined by 15 U.S.C. 2642(3) as the asbestiform varieties of chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonitegrunerite), anthophyllite, tremolite or actinolite.