ASBESTOS REGULATED MATERIALS

Federal and state government agencies oversee asbestos abatement procedures for public and residential buildings

On July 12, 1989, the U.S. Environmental Protection Agency (EPA) issued a final rule banning most asbestos materials and regulated asbestos products. But in 1991, this rule was overturned by the Fifth Circuit Court of Appeals in New Orleans.

As a result of the court’s decision, which strongly influences current federal asbestos laws today, only the following asbestos-containing products remain banned: flooring felt, roll board, and corrugated, commercial, or specialty paper.

Asbestos is no longer mined in the United States, but it is still imported and used in the construction and automobile industries. Contributing to New York asbestos dangers, large quantities of asbestos-based building products still remain in public buildings and homes built before the 1980s.

Current laws governing procedures for asbestos waste disposal are enforced by the EPA. Asbestos waste disposal laws apply to all formerly regulated asbestos materials now imbedded in buildings slated to undergo demolition or renovation work.

August 4, 2010 – Removal of asbestos regulated materials are work activities enforced by the U.S. Environmental Protection Agency (EPA) and its state affiliates, especially when the material is in, what is described as, “friable” condition.

Friable, as defined by the EPA, means the material can be crumbled, pulverized or reduced to powder by hand pressure when dry. It can also refer to “non-friable” material if those products will become involved in renovation or demolition activities, because they can be damaged to such an extent that they may too crumble or be reduced to powder, which increases the likelihood of asbestos exposure.

The dangers of asbestos are well-known today and associated with certain industries that include construction, automobile and shipbuilding. Asbestos is made up of a group of fibrous silicate minerals valued for building construction and insulation properties that include strong resistance to heat, fire, electricity and corrosion.

But inhaling the microscopic, sharp fibers that dislodge from products can lead to lung cancer, mesothelioma and asbestosis, a non-malignant respiratory disease.

How asbestos is regulated

The nation’s Clean Air Act (Section 112) requires the EPA to develop emission standards for hazardous air pollutants. The EPA, which classifies asbestos as an air pollutant, thus enacted “National Emission Standards for Hazardous Air Pollutants” (NESHAP).

According to the EPA’s Web site, NESHAP (40 CFR 61, Subpart M) addresses milling, manufacturing and fabricating operations, demolition and renovation activities, waste disposal issues, active and inactive waste disposal sites and asbestos conversion processes.

Weitz & Luxenberg – Champion to the working class

For mesothelioma legal support and a free review of your case, please contact Weitz & Luxenberg through the communication form at left. The New York City-based law firm of Weitz & Luxenberg specializes in obtaining maximum compensation for workers diagnosed with asbestos illnesses.

If you have been diagnosed with asbestos-related mesothelioma or asbestosis and seek free guidance on your eligibility to receive compensation, we urge you to contact us today.

Weitz & Luxenberg has successfully represented thousands of asbestos-injured workers against employers who failed to provide a safe working environment, and manufacturers of who neglected to warn consumers about the dangers of working with their asbestos-tainted products.