Can America Ban Asbestos

The word “Asbestos” invokes very strong emotional responses in many Americans. Since the mid-1970’s, the fear over the effects of potential asbestos exposure in schools to our children became one of the most newsworthy and dominant public indoor environmental concerns. This concern eventually led to the ban of asbestos-containing products in public schools. An entirely new industry sprung up in the mid-1980’s for asbestos testing and removal of asbestos-containing materials, not only from schools, but eventually from public and commercial buildings as well. Yet in spite of how much press asbestos products received, the general public and news media have very little understanding as to what is asbestos and how exposure to it potentially affects human health. Contrary to general belief, it is still legal in the United States to import, process, manufacture, and use asbestos-containing products for certain limited uses. In 2007, there were 2,000 metric tons of asbestos imported into the United States [1]. This amount represents approximately 0.25% of the asbestos consumption in the United States at its peak consumption [2]. However, both the U.S. House of Representatives and the U.S. Senate have recently introduced legislation that would further curtail the use of asbestos.

Can We Ban Asbestos in America?

By Richard Lee PhD, Kim Allison, Kristin Bunker PhD, Brian Strohmeier PhD, Drew Van Orden

The “Ban Asbestos in America Act of 2007,” (Senate Bill S.742) was unanimously passed by

the U.S. Senate on October 4, 2007 [3]. This Bill bans the importation, manufacture, processing,

and distribution of asbestos-containing products that contain more than 1% asbestos by weight [3].

A similar companion Bill, H.R.3339,was also introduced in the U.S. House of Representatives on

August 2, 2007, but the House Bill never moved beyond Committee deliberations and the Bill was

never presented to the full House for voting [4]. Some members of the House argued that the

Senate’s “Ban Asbestos in America Act of 2007” Bill does not go far enough and a revised version

of the House Bill was introduced in draft form to the Subcommittee on Environmental and Hazardous

Materials on February 15, 2008 [5]. Following Committee deliberations, the final version of the House

draft legislation was introduced as a full House Bill (H.R. 6903) on September 15, 2008 [6]. The latest

version of the House Bill bans products containing asbestos in any concentration. However, the

House Bill specifies an exemption limit of less than 0.25% asbestos by weight for aggregate products

(extracted from stone, sand, or gravel operations) [5,6]. The passed Senate Bill and proposed House

Bill use the Toxic Substances Control Act's (TSCA) definition of asbestos, which includes the

asbestiform varieties of chrysotile, crocidolite, amosite, anthophyllite, tremolite, and actinolite. In

addition, the definition of asbestos in the Senate Bill and the House Bill includes the asbestiform

varieties of winchite and richterite, as well as any asbestiform amphibole material.

Whereas the Senate “Ban Asbestos in America Act of 2007” calls for the National Academy of

Sciences (NAS), EPA, and other Federal entities to evaluate possible health effects and develop

recommendations for identifying, distinguishing, and measuring non-asbestiform minerals and elongate

mineral particles, the House Bill removes the call for these important health effect and mineral

identification studies in an apparent effort to ban asbestos products as quickly as possible. However,

the effects of a broader definition for asbestos on the potential cost increases on manufactured
products in the United States, as well as the potential economic effects to the raw materials

production, mining, aggregate, manufacturing and construction industries, is not sufficiently

addressed in these Bills.

Complicating any discussion on asbestos are the many differences of opinion between the various

scientific communities, health risk professionals, and regulators. Without an accepted definition for

asbestos, improved sampling and analytical methods for distinguishing between asbestos and

non-asbestiform elongated mineral particles; and a consensus on the relative health risks of minerals

particles based on sound scientific study, the long reaching ramifications and economic impact to U.S.

industrial commerce could be significant. Without further clarification of these issues, unfounded

product bans and unwarranted public fears could result if this legislation is passed in its current form.

The Senate and House Bills were introduced by the 100th Congress. The 111th Congress was

sworn in to duty in January 2009. Therefore, the previous Senate and House Bills to "Ban Asbestos

in America" will have to be reintroduced to Congress and voted on to be passed into law. The final

forms of any potential future Bills is unknown at this time, but it is probable that any new Bills will be

either little changed from the 2007 Senate and 2008 House versions or a compromise between the two.

Regardless, in order to fully understand the possible implications of any new proposed legislation to ban

asbestos-containing products in the United States, it is recommended that everyone read and become

familiar with the 2007 Senate and 2008 House versions of the "Ban Asbestos in America Acts".

The Bills can be accessed at:

It is also recommended that concerned individuals become active in their local professional and

scientific societies to stay aware of how this pending legislation will impact themselves and their

specific industries.

For more information, please visit the following websites:

Associated Builders & Contractors: www.abc.org
Associated Equipment Distributors: www.aednet.org
Associated Equipment Manufacturers: www.aem.org
American Road and Transportation Builders Association: www.artba.org
Industrial Minerals Association - North America: www.ima-na.org
National Asphalt Pavement Association: www.hotmix.org
National Mining Association: www.nma.org
National Stone, Sand & Gravel Association: www.nssga.org

References

[1] United States Geological Survey, Mineral Commodity Summaries 2008, United States

Geological Survey Washington D.C., January 2008

[2] Virta, R.L., Worldwide Asbestos Supply and Consumption Trends from 1900 to 2000,

U.S. Department of the Interior, U.S. Geological Survey, Circular 1298, 2006.

[3] P. Murray, Ban Asbestos in America Act of 2007, Bill S.742, U.S. Senate, 110th

Congress, 1st Session, Washington, D.C., March 1, 2007

[4] B. McCollum, Bruce Vento Ban Asbestos and Prevent Mesothelioma Act of 2007,

Bill H.R.3339, U.S. House of Representatives, 110th Congress, 1st Session,

Washington, D.C., August 2, 2007.

[5] Subcommittee on Environmental and Hazardous Materials, Bruce Vento Ban

Asbestos and Prevent Mesothelioma Act of 2008, House Draft Legislation, U.S. House

of Representatives, 110th Congress, 2nd Session, Washington, D.C.,

February 15, 2008

[6] G. Green, Bruce Vento Ban Asbestos and Prevent Mesothelioma Act of 2008,

Bill H.R.6903, U.S. House of Representatives, 110th Congress, 2nd Session,

Washington, D.C., September 15, 2008.

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