Chrysotile Asbestos Banned? More Like Certain Conditions of Use Will Be Eventually Banned!

Many of you, as did I, read about the "Ban of Chrysotile Asbestos" and rejoiced over something long overdue.  However, after reading this so-called ban it is obvious that it is not a ban.  Just reading the title of the rule tells you it is not a ban. "Asbestos Part 1 - Chrysotile Asbestos; Regulation of Certain Conditions of Use Under the Toxic Substances Control Act (TSCA)".  This rule is only regulating "certain conditions of use".  We would say the media needs a dictionary if they actually think after reading the title this is a ban.  What is the definition of a ban?  Ban is to prohibit or forbid especially by legal means (as by statute or order).  After reading the rule, it is obvious this is not banning all uses of chrysotile asbestos, but banning or restricting its use in very specific industries.  In addition, what about the other types of asbestos: amosite, crocidolite, tremolite, anthophyllite, actinolite, or the Libby amphiboles?  No mention of these there!

Since this is not a ban and 40,000 Americans die annually from asbestos-caused diseases it is even more important that we Tell Congress to Ban Asbestos!  The Asbestos Disease Awareness Organization (ADAO) has developed a coalition of firefighters, public health, and safety officials who are calling on the public’s support in their decades-long fight to convince the U.S. Congress to ban deadly asbestos.  Now, you have an opportunity to write your own message to US Senators and US Representatives to ask them to support the Alan Reinstein Ban Asbestos Now Act (ARBAN). This act would prohibit the manufacture, processing, use, and distribution of commercial asbestos in commerce - a known carcinogen that is still widely in use across the U.S. Make your voice heard on this link. It takes only a minute.

Chrysotile Asbestos

Before we go into this rule, let's remember we still have the Significant New Use Rule (SNUR) that came out on April 25, 2019.  This rule did not ban any forms of asbestos but allowed manufacturers (including importing), or processors of asbestos (including as part of an article) to seek permission from the Environmental Protection Agency (EPA) for the significant new use (it included a list of uses that would need permission).

The final rule can be found on EPA's website here.  The document consists of 40 pages (pages 21970 to 22010).  However, the rule is found on page 22005 (35 pages after the beginning of the document, meaning the rule consists of only 5 pages).  Subpart F - Chrysotile Asbestos starts with the different Sections of the Rule:

• 751.501 General
• 751.503 Definitions
• 751.505 Manufacturing, processing and commercial use of chrysotile asbestos diaphragms in the chlor-alkali industry. 
• 751.507 Certification of compliance for the chlor-alkali industry. 
• 751.509 Other prohibitions and restrictions of the manufacturing, processing and commercial use of chrysotile asbestos. 
• 751.511 Interim workplace controls of asbestos exposures. 
• 751.513 Disposal. 
• 751.515 Recordkeeping. 

As you can see from this list, these are the Certain Conditions of Use.  Let's look at 751.505 diaphragms (means semipermeable diaphragms, which separate the anode from the cathode chemicals in the production of chlorine and sodium hydroxide (caustic soda).  

• Section (a) states, after May 28, 2024, all persons are prohibited from manufacture (including import) of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for diaphragms in the chlor-alkali industry.  

That is a ban on the import of chrysotile asbestos, but only for diaphragms, however, the next section is on the use of diaphragms containing chrysotile asbestos, 

• Section (b) states, after May 28, 2029, all persons are prohibited from processing, distribution in commerce, and commercial use of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for diaphragms in the chlor- alkali industry, except as provided in paragraphs (c) through (d) of this section. 

Here is the devil in the details:

• Section (c) Any person who meets all of the criteria of this paragraph (c) may process, distribute in commerce and commercially use chrysotile asbestos, including any chrysotile asbestos- containing products or articles, for diaphragms in the chlor-alkali industry at no more than two facilities until May 25, 2032: (1) On May 28, 2024, the person owns or operates more than one facility that uses chrysotile asbestos in chlor-alkali production; (2) The person is converting more than one facility that the person owns or operates that as of May 28, 2024 uses chrysotile asbestos in chlor-alkali production from the use of chrysotile asbestos diaphragms to non-chrysotile asbestos membrane technology, and by May 28, 2029, the person has ceased all processing, distribution in commerce and commercial use of chrysotile asbestos at one (or more) facility undergoing or that has undergone conversion to non-chrysotile asbestos membrane technology; and (3) The person certifies to EPA compliance with the provisions of this paragraph, in accordance with §751.507. 
• (d) Any person who meets all of the criteria of this paragraph (d) may process, distribute in commerce and commercially use chrysotile asbestos, including any chrysotile asbestos- containing products or articles, for diaphragms in the chlor-alkali industry at not more than one facility until May 26, 2036: (1) On May 28, 2024, the person owns or operates more than two facilities that use chrysotile asbestos in chlor-alkali production; and (2) The person is converting more than two facilities that the person owns or operates that as of May 28, 2024 use chrysotile asbestos in chlor-alkali production from the use of chrysotile asbestos diaphragms to non-chrysotile asbestos membrane technology: (i) By May 28, 2029, the person has ceased all processing, distribution in commerce and commercial use of chrysotile asbestos at one (or more) facility undergoing or that has undergone such conversion; and (ii) By May 25, 2032 the person has ceased all processing, distribution in commerce and commercial use of chrysotile asbestos at two (or more) facilities undergoing or that have undergone conversion to non-chrysotile asbestos membrane technology; and (3) The person certifies to EPA compliance with the provisions of this paragraph, in accordance with §751.507. 

So other words we have a ban on the manufacture/importing of chrysotile asbestos to make diaphragms but the use of chrysotile asbestos diaphragms is not banned until 2036.  In addition, 751.509  Other prohibitions and restrictions of the manufacturing, processing, and commercial use of chrysotile asbestos covers:

• Prohibit the manufacture (including import), processing, use, distribution in commerce and commercial use of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for sheet gaskets in chemical production and require interim workplace controls for certain commercial uses after May 27, 2026.  With exceptions for titanium dioxide production until May 28, 2029, and processing nuclear material at the Savannah River Site until December 31, 2037. 
• Prohibit the manufacture (including import), processing, distribution in commerce, and commercial use of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for oilfield brake blocks, aftermarket automotive brakes, and linings, other vehicle friction products, and other gaskets after November 25, 2024; 
• Prohibit the manufacture (including import), processing, and distribution in commerce of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for consumer use of aftermarket automotive brakes and linings and other gaskets after November 25, 2024.
• All of these have exceptions to the distribution in commerce prohibition if they are already installed.

https://www.asbestos.com/occupations/auto-mechanics/

Section 751.511 Interim workplace controls of asbestos exposures is an interesting section considering it's stepping on the toes of the Occupational Safety and Health Administration (OSHA).  This section applies to the processing, and commercial use of chrysotile asbestos, including any chrysotile asbestos-containing products or articles, for chrysotile asbestos diaphragms in the chlor-alkali industry; and to the commercial use of chrysotile asbestos sheet gaskets for titanium dioxide production.   The section establishes an exposure limit called the Interim Existing Chemical Exposure Limit (ECEL):

• Beginning November 5, 2024,....no person is exposed to an airborne concentration of chrysotile asbestos in excess...0.005 fibers per cubic centimeter (f/cc) as an 8-hour time-weighted average (TWA).  Remember the OSHA Permissible Exposure Limit for asbestos is 0.1 f/cc as an 8-hour time weighted average.  The ECEL is a 20 times reduction from the PEL.
• Requires initial (performed as of May 28, 2024, and no later than November 25, 2024) & periodic exposure monitoring (performed within three months or six months based on previous results).
• Method of Monitoring utilizes OSHA 1910.1001 Appendix A, OSHA method ID-160, or the National Institute of Occupational Safety and Health (NIOSH) 7400 method.  Allowance for the NIOSH 7402 method to adjust the analytical result to include only chrysotile asbestos. 

Personal Sampling Pump

The section also includes additional requirements for exposure monitoring, establishing regulated areas, exposure control procedures, respiratory protection, and workplace information and training.  The respirator section makes for interesting reading for those who know the OSHA respiratory protection standard.  Below are some examples of the respirator requirements:

• If exposure monitoring indicates the exposure is above 0.00view 5 f/cc and less than or equal to 0.05 f/cc.  The employer must provide either a half-mask supplied air (SAR) or airline respirator operated in demand mode or a half-mask self-contained breathing apparatus (SCBA) respirator operated in demand mode.
• If exposure monitoring indicates the exposure is above 0.05 f/cc and less than or equal to 0.125 f/cc.  The employer must provide a loose-fitting facepiece supplied air (SAR) or airline respirator operated in continuous flow mode.

Supplied airline respirator

It is obvious from these respirator selections EPA is reaffirming that there is no safe exposure level to asbestos.  For those of us who remember the EPA's and NIOSH's White Book "A Guide to Respiratory Protection for the Asbestos Abatement Industry", remember that this quote was in that book:

"Respirators which use filters to remove contaminants from the air do not provide as high a degree of protection for workers as respirators which supply clean pressurized air to the workers from a protected source."

Realize these restrictions are stricter than OSHA requirements and we wonder what this means for Part 2 of this evaluation process when EPA will be looking at Legacy issues?

Related articles

• The National Law Review - EPA Bans Ongoing Uses of Asbestos https://www.natlawreview.com/article/epa-bans-ongoing-uses-asbestos
• ADAO's FAQs and Quotes on EPA Part 1 Chrysotile Asbestos Rule
   https://www.asbestosdiseaseawareness.org/newsroom/blogs/faqs-and-quotes-on-epa-part-1-chrysotile-asbestos-rule/

Future Environment Designs Celebrates 30 Years in Business in October. What the heck is SNUR?

On October 5, 1988, Future Environment Designs Inc. was founded by Angelo Garcia, III.  When we started the company, our only thought was, considering the companies we worked for, how hard could this be.  Well 30 years later here we are a slightly different focus from when we started, but the same drive of trying to provide the best service we can for our clients.  Since the official date of our anniversary falls when we are in the Plattsburgh area, we are starting the celebration at 4:30 PM on October 5, 2018, at the Valcour Brewing Company, 49 Ohio Avenue, Plattsburgh, NY 12903.  The second date of our celebration will be held at 5:00 PM on October 9, 2018, at Sapsuckers Hops & Grub, 287 Main Street, Huntington, NY 11743.  We hope to see you at one of the events to help us celebrate our 30 Years!

In honor of making it to 30 years, we have written a book called "Do As I Say, Not As I Did - Thinking Of Opening a Business, Some of the Things You Should Consider".  The book is available through Blurb as a hardcover or a pdf.  If you bring the book to one of our classes or one of our Anniversary events, we would be honored to sign it for you.  We wrote this book to discuss our experiences over the 30 years and to provide you with a resource if you ever consider opening your own business.

Over the 30 years, we have seen lots of changes in the industry and outside of the industry.  It is interesting to remember when we started we used beepers and phone cards to stay in communication between the field staff and the office.  Now, most people have cell phones.  We used typewriters to fill out ACP5 forms.  Now, they are done online.  We used to provide students course manuals that were hundreds of pages and took forever to find what you were looking for.  Now the manuals are electronic/digital and you can do a keyword search to find what you are looking for in minutes or even seconds.  But with all this advancement the work still stays the same.  Workers still need to wear respirators to protect themselves, still need to take showers to leave the contamination at the work site, still need to use water to keep dust levels below exposure levels, and create a negative pressure inside the work area to prevent the escape of asbestos fibers from the work area.  So while a lot has changed and a lot has still stayed the same!

When we opened our business doing consulting work in the asbestos industry, we were asked by our mentors and friends why.  Many of them thought or felt all the asbestos will be removed in 5-10 years.  It is interesting that not only is all of the asbestos not removed but, after 30 plus years of wanting to ban asbestos, the Environmental Protection Agency (EPA) instead of an outright ban of asbestos has actually proposed a rule that could allow asbestos to be used in products that they have determined are no longer available.  This proposed rule is called SNUR (Significant New Use Rule).  The rule would require manufacturers and importers to receive EPA approval before starting or resuming manufacturing and importing or processing of asbestos.  Currently, new uses of asbestos were banned under the original Toxic Substance Control Act - Asbestos Ban and Phase Out Rule issued in 1989, though portions were overturned the ban on new commercial uses after August 25, 1989, remains.  Materials not subject to the Asbestos Ban and Phase Out Rule and hence are the subject of this SNUR are:

• Asbestos arc chutes
• Asbestos pipeline wrap
• Asbestos separators in fuel cells and batteries
• Asbestos-reinforced plastics
  
• Beater-add gaskets
• Extruded sealant tape
• Filler for acetylene cylinders
• High-grade electrical paper
• Millboard
• Missile liner
• Roofing felt 
• Vinyl-asbestos floor tile 
• Adhesives and Sealants 
• Roof and Non-Roof Coatings 
• Other Building Products (other than cement product)

As you may wonder and as many others have, why a SNUR?  Why not a flat out ban?  Why else but to allow asbestos to be used by certain industries, for example, the chlor-alkali industry which currently is the primary importer of asbestos still today!  In 2016, EPA noted that 340 metric tons of asbestos were imported into the United States all of it used by the chlor-alkali industry.  We think the list of materials that are affected by the SNUR is interesting, imagine if they allowed the return of asbestos use in floor tiles, roofing felts, electrical paper, adhesives and sealants and roof and non-roof coatings.  All of these are building materials that would be required to be inspected and determined if they contain asbestos.  If they contain asbestos, they will have to be removed as asbestos-containing materials.  The asbestos abatement industry may never go out of business if that was the case.  So maybe, we'll still be here for another 30 years.  Imagine that!