Original:  The 5th Circuit Court prevented the EPA from banning asbestos in 1991 because EPA research showed the ban would cost between US $450 and 800 million while only saving around 200 lives in a 13-year timeframe, and that the EPA did not provide adequate evidence for the safety of alternative products.947 F. 2d 1201 – Corrosion Proof Fittings v. Environmental Protection Agency. Openjurist.org. Retrieved 10 January 2012. Until the mid-1980s, small amounts of white asbestos were used in the manufacture of Artex, a decorative stipple finish,Where can asbestos be found, Asbestos Surveying Ltd, Birmingham, UK, 2 08 2008 . Retrieved 29 December 2008. however, some of the lesser-known suppliers of Artex-type materials were still adding white asbestos until 1999.Artex website, Click the "Asbestos in Artex" button. Prior to the ban, asbestos was widely used in the construction industry in thousands of materials. Some are judged to be more dangerous than others due to the amount of asbestos and the material's friable nature. Sprayed coatings, pipe insulation and Asbestos Insulating Board (AIB) are thought to be the most dangerous due to their high content of asbestos and friable nature. Many older buildings built before the late 1990s contain asbestos. In the United States, there is a minimum standard for asbestos surveys as described by ASTM standard E 2356–18. In the UK, the Health and Safety Executive have issued guidance called HSG264 describing how surveys should be completed although other methods can be used if they can demonstrate they have met the regulations by other means. The EPA includes some, but not all, asbestos-contaminated facilities on the Superfund National Priorities List (NPL). Renovation and demolition of asbestos-contaminated buildings is subject to EPA NESHAP and OSHA Regulations. Asbestos is not a material covered under CERCLA's innocent purchaser defense. In the UK, the removal and disposal of asbestos and of substances containing it are covered by the Control of Asbestos Regulations 2006.Control of Asbestos Regulations 2006, Health and Safety Executive, London, UK, Undated. Retrieved 29 December 2008. U.S. asbestos consumption hit a peak of 804,000 tons in 1973; world asbestos demand peaked around 1977, with 25 countries producing nearly 4.8 million metric tons annually. In older buildings (e.g. those built prior to 1999 in the UK, before white asbestos was banned), asbestos may still be present in some areas. Being aware of asbestos locations reduces the risk of disturbing asbestos. Removal of asbestos building components can also remove the fire protection they provide, therefore fire protection substitutes are required for proper fire protection that the asbestos originally provided.Asbestos Removal. Laws.sandwell.gov.uk (1 April 2005). Retrieved 10 January 2012. Outside Europe and North America Some countries, such as India, Indonesia, China, Russia and Brazil, have continued widespread use of asbestos. The most common is corrugated asbestos-cement sheets or "A/C sheets" for roofing and for side walls. Millions of homes, factories, schools or sheds and shelters continue to use asbestos. Cutting these sheets to size and drilling holes to receive 'J' bolts to help secure the sheets to roof framing is done on-site. There has been no significant change in production and use of A/C sheets in developing countries following the widespread restrictions in developed nations. 11 September 2001 attacks As New York City's World Trade Center collapsed following the September 11 attacks, Lower Manhattan was blanketed in a mixture of building debris and combustible materials. This complex mixture gave rise to the concern that thousands of residents and workers in the area would be exposed to known hazards in the air and in the dust, such as asbestos, lead, glass fibers, and pulverized concrete. More than 1,000 tons of asbestos are thought to have been released into the air following the buildings' destruction. Inhalation of a mixture of asbestos and other toxicants is thought to be linked to the unusually high death rate from cancer of emergency service workers since the disaster. Thousands more are now thought to be at risk of developing cancer due to this exposure with those who have died so far being only the "tip of the iceberg". Some commentators have criticised authorities for using asbestos in the buildings' construction. In May 2002, after numerous cleanup, dust collection, and air monitoring activities were conducted outdoors by EPA, other federal agencies, New York City, and the state of New York, New York City formally requested federal assistance to clean and test residences in the vicinity of the World Trade Center site for airborne asbestos. Asbestos contaminants in other products Vermiculite Vermiculite is a hydrated laminar magnesium-aluminum-iron silicate which resembles mica. It can be used for many industrial applications and has been used as insulation. Some deposits of vermiculite have been found to be contaminated with small amounts of asbestos. One vermiculite mine operated by W. R. Grace and Company in Libby, Montana exposed workers and community residents to danger by mining vermiculite contaminated with asbestos, typically richterite, winchite, actinolite or tremolite. Vermiculite contaminated with asbestos from the Libby mine was used as insulation in residential and commercial buildings through Canada and the United States. W. R. Grace and Company's loose-fill vermiculite was marketed as Zonolite but was also used in sprayed-on products such as Monokote. In 1999, the EPA began cleanup efforts in Libby and now the area is a Superfund cleanup area. The EPA has determined that harmful asbestos is released from the mine as well as through other activities that disturb soil in the area. Talc A laboratory heat spreader made of asbestos, on tripod over a Teclu burner Talc can sometimes be contaminated with asbestos due to the proximity of asbestos ore (usually tremolite) in underground talc deposits. By 1973, US federal law required all talc products to be asbestos-free, and today there is strict quality control in the production of talc products, separating cosmetic-grade talc (e.g. talcum powder) from industrial-grade talc (often used in friction products) has largely eliminated this issue for consumers. In 2000, tests in a certified asbestos-testing laboratory found the tremolite form of amphibole asbestos used to be found in three out of eight popular brands of children's crayons that were made partly from talc: Crayola, Prang, and RoseArt. In Crayola crayons, the tests found asbestos levels around 0.05\% in Carnation Pink and 2.86\% in Orchid; in Prang crayons, the range was from 0.3\% in Periwinkle to 0.54\% in Yellow; in Rose Art crayons, it was from 0.03\% in Brown to 1.20\% in Orange. Overall, 32 different types of crayons from these brands used to contain more than trace amounts of asbestos, and eight others contained trace amounts. The Art and Creative Materials Institute, a trade association which tested the safety of crayons on behalf of the makers, initially insisted the test results must have been incorrect, although they later said they do not test for asbestos. In May 2000, Crayola said tests by Richard Lee, a materials analyst whose testimony on behalf of the asbestos industry has been accepted in lawsuits over 250 times, found its crayons tested negative for asbestos. In spite of that, in June 2000 Binney & Smith, the maker of Crayola, and the other makers agreed to stop using talc in their products, and changed their product formulations in the United States. The mining company, R T Vanderbilt Co of Gouverneur, New York, which supplied the talc to the crayon makers, states that "to the best of our knowledge and belief" there had never been any asbestos-related disease among the company's workers. However media reports claim that the United States Mine Safety and Health Administration (MSHA) had found asbestos in four talc samples tested in 2000. The Assistant Secretary for Mine Safety and Health subsequently wrote to the news reporter, stating that "In fact, the abbreviation ND (non-detect) in the laboratory report – indicates no asbestos fibers actually were found in the samples."McAteer, J. Davitt Assist. Secretary for Mine Safety and Health correspondence to Andrew Schneider of the Seattle Post-Intelligencer dated 14 June 2000 – copy obtainable through records archives MSHA. Multiple studies by mineral chemists, cell biologists, and toxicologists between 1970 and 2000 found neither samples of asbestos in talc products nor symptoms of asbestos exposure among workers dealing with talc,For studies finding no asbestos in talcum powder samples, see: Van Orden, D., R. J. Lee: Weight Percent Compositional Analysis of Seven RTV Talc Samples. Analytical Report to R. T. Vanderbilt Company, Inc. 22 November 2000. Submitted to Public Comments Record – C. W. Jameson, National Toxicology Program, 10th ROC Nominations "Talc (containing asbestiform fibers)". 4 December 2000. Nord, G. L, S. W. Axen, R. P. Nolan: Mineralogy and Experimental Animal Studies of Tremolitic Talc. Environmental Sciences Laboratory, Brooklyn College, The City University of New York. Submitted to Public Comments Record – C. W. Jameson, National Toxicology Program, 10th ROC Nominations "Talc (containing asbestiform fibers)". 1 December 2000. Wylie, A.G. (2 June 2000) Report of Investigation. Analytical Report on RTV talc submitted to R. T. Vanderbilt Company, Inc. 13 February 1987 (Submitted to Public Comments Record – C. W. Jameson, National Toxicology Program, 10th ROC Nominations "Talc (containing asbestiform fibers)". Crane, D. (26 November 1986) Letter to Greg Piacitelli (NIOSH) describing the analytical findings of the Occupational Safety and Health Administration regarding R. T. Vanderbilt Talc (In OSHA Docket H-33-d and in Public Comments Record – C. W. Jameson, National Toxicology Program, 10th ROC Nominations – 2 June 2000). Crane, D. (12 June 2000) Background Information Regarding the Analysis of Industrial Talcs. Letter to the Consumer Product Safety Commission from the Occupational Safety and Health Administration. (Appended to CPSC Staff Report on "Asbestos in Children's Crayons" Aug. 2000). McCrone Associates – Atlanta Lab.: Report on the Analysis of Paint CLS-5067-1 and Mineral Filler CLS-N-439-1. To Unspecified Paint Company 23 September 1992. (Submitted to Public Comments Record – C. W. Jameson, National Toxicology Program, 10th ROC Nominations "Talc (containing asbestiform fibers)". 2 June 2000. Langer, A. M., Nolan, R. P. (November 2000) "Mineralogical Characterization of Vanderbilt Talc Specimens & Comparison of the 1976 Rohl Talc Report to NIOSH and Analysis Performed in 1988". In Public Comments – Nat'l Toxicology Program 10th ROC review. W. Jameson NIEHS MED EC-14, 79 Alexander Drive Research Triangle Park, NC "Talc (containing asbestiform fibers)". United States Department of the Interior: Selected Silicate Minerals and Their Asbestiform Varieties by W. J. Campbell, et al. (Bureau of Mines Information Circular, I. C. 8751). Washington, D.C.: Dept. of the Interior, Bureau of Mines. (1977). For studies finding no biological effects associated with talcum powder, see: but more recent work has rejected these conclusions in favor of "same as" asbestos risk. On 12 July 2018, a Missouri jury ordered Johnson & Johnson to pay a record $ 4.69 billion to 22 women who alleged the company's talc-based products, including its baby powder, contain asbestos and caused them to develop ovarian cancer.
Revised:  The 5th Circuit Court prevented the EPA from banning asbestos in 1991 because EPA research showed the ban would cost between US $450 and 800 million while only saving around 200 lives in a 13-year timeframe, and that the EPA did not provide adequate evidence for the safety of alternative products.947 F. 2d 1201 – Corrosion Proof Fittings v. Environmental Protection Agency. Openjurist.org. Retrieved 10 January 2012. Until the mid-1980s, small amounts of white asbestos were used in the manufacture of Artex, a decorative stipple finish,Where can asbestos be found, Asbestos Surveying Ltd, Birmingham, UK, 2 08 2008 . Retrieved 29 December 2008. however, some of the lesser-known suppliers of Artex-type materials were still adding white asbestos until 1999.Artex website, Click the "Asbestos in Artex" button. Before the ban, asbestos was widely used in the construction industry in thousands of materials. Some are judged to be more dangerous than others due to the amount of asbestos and the material's friable nature. Sprayed coatings, pipe insulation, and Asbestos Insulating Board (AIB) are thought to be the most dangerous due to their high content of asbestos and friable nature. Many older buildings built before the late 1990s contain asbestos. In the United States, there is a minimum standard for asbestos surveys as described by ASTM standard E 2356–18. In the UK, the Health and Safety Executive have issued guidance called HSG264 describing how surveys should be completed although other methods can be used if they can demonstrate they have met the regulations by other means. The EPA includes some, but not all, asbestos-contaminated facilities on the Superfund National Priorities List (NPL). Renovation and demolition of asbestos-contaminated buildings are subject to EPA NESHAP and OSHA Regulations. Asbestos is not a material covered under CERCLA's innocent purchaser defense. In the UK, the removal and disposal of asbestos and substances containing it are covered by the Control of Asbestos Regulations 2006.Control of Asbestos Regulations 2006, Health and Safety Executive, London, UK, Undated. Retrieved 29 December 2008. U.S. asbestos consumption hit a peak of 804,000 tons in 1973; world asbestos demand peaked around 1977, with 25 countries producing nearly 4.8 million metric tons annually. In older buildings (e.g. those built before 1999 in the UK, before white asbestos was banned), asbestos may still be present in some areas. Being aware of asbestos locations reduces the risk of disturbing asbestos. Removal of asbestos building components can also remove the fire protection they provide, therefore fire protection substitutes are required for proper fire protection that the asbestos originally provided.Asbestos Removal. Laws.sandwell.gov.uk (1 April 2005). Retrieved 10 January 2012. Outside Europe and North America Some countries, such as India, Indonesia, China, Russia, and Brazil, have continued widespread use of asbestos. The most common is corrugated asbestos-cement sheets or "A/C sheets" for roofing and sidewalls. Millions of homes, factories, schools or sheds, and shelters continue to use asbestos. Cutting these sheets to size and drilling holes to receive 'J' bolts to help secure the sheets to roof framing is done on-site. There has been no significant change in production and use of A/C sheets in developing countries following the widespread restrictions in developed nations. 11 September 2001 attacks As New York City's World Trade Center collapsed following the September 11 attacks, Lower Manhattan was blanketed in a mixture of building debris and combustible materials. This complex mixture gave rise to the concern that thousands of residents and workers in the area would be exposed to known hazards in the air and dust, such as asbestos, lead, glass fibers, and pulverized concrete. More than 1,000 tons of asbestos are thought to have been released into the air following the buildings' destruction. Inhalation of a mixture of asbestos and other toxicants is thought to be linked to the unusually high death rate from cancer of emergency service workers since the disaster. Thousands more are now thought to be at risk of developing cancer due to this exposure with those who have died so far being only the "tip of the iceberg". Some commentators have criticized authorities for using asbestos in the buildings' construction. In May 2002, after numerous cleanup, dust collection, and air monitoring activities were conducted outdoors by EPA, other federal agencies, New York City, and the state of New York, New York City formally requested federal assistance to clean and test residences in the vicinity of the World Trade Center site for airborne asbestos. Asbestos contaminants in other products Vermiculite Vermiculite is a hydrated laminar magnesium-aluminum-iron silicate that resembles mica. It can be used for many industrial applications and has been used as insulation. Some deposits of vermiculite are contaminated with small amounts of asbestos. One vermiculite mine operated by W. R. Grace and Company in Libby, Montana exposed workers and community residents to danger by mining vermiculite contaminated with asbestos, typically richterite, winchite, actinolite or tremolite. Vermiculite contaminated with asbestos from the Libby mine was used as insulation in residential and commercial buildings through Canada and the United States. W. R. Grace and Company's loose-fill vermiculite was marketed as Zonolite but was also used in sprayed-on products such as Monokote. In 1999, the EPA began cleanup efforts in Libby and now the area is a Superfund cleanup area. The EPA has determined that harmful asbestos is released from the mine as well as through other activities that disturb soil in the area. Talc A laboratory heat spreader made of asbestos, on a tripod over a Teclu burner Talc can sometimes be contaminated with asbestos due to the proximity of asbestos ore (usually tremolite) in underground talc deposits. By 1973, US federal law required all talc products to be asbestos-free, and today there is strict quality control in the production of talc products, separating cosmetic-grade talc (e.g. talcum powder) from industrial-grade talc (often used in friction products) has largely eliminated this issue for consumers. In 2000, tests in a certified asbestos-testing laboratory found the tremolite form of amphibole asbestos used to be found in three out of eight popular brands of children's crayons that were made partly from talc: Crayola, Prang, and RoseArt. In Crayola crayons, the tests found asbestos levels around 0.05\% in Carnation Pink and 2.86\% in Orchid; in Prang crayons, the range was from 0.3\% in Periwinkle to 0.54\% in Yellow; in Rose Art crayons, it was from 0.03\% in Brown to 1.20\% in Orange. Overall, 32 different types of crayons from these brands used to contain more than trace amounts of asbestos, and eight others contained trace amounts. The Art and Creative Materials Institute, a trade association which tested the safety of crayons on behalf of the makers, initially insisted the test results must have been incorrect, although they later said they do not test for asbestos. In May 2000, Crayola said tests by Richard Lee, a materials analyst whose testimony on behalf of the asbestos industry has been accepted in lawsuits over 250 times, found its crayons tested negative for asbestos. In spite of that, in June 2000 Binney & Smith, the maker of Crayola, and the other makers agreed to stop using talc in their products, and changed their product formulations in the United States. The mining company, R T Vanderbilt Co of Gouverneur, New York, which supplied the talc to the crayon makers, states that "to the best of our knowledge and belief" there had never been any asbestos-related disease among the company's workers. However media reports claim that the United States Mine Safety and Health Administration (MSHA) had found asbestos in four talc samples tested in 2000. The Assistant Secretary for Mine Safety and Health subsequently wrote to the news reporter, stating that "In fact, the abbreviation ND (non-detect) in the laboratory report – indicates no asbestos fibers actually were found in the samples."McAteer, J. Davitt Assist. Secretary for Mine Safety and Health correspondence to Andrew Schneider of the Seattle Post-Intelligencer dated 14 June 2000 – copy obtainable through records archives MSHA. Multiple studies by mineral chemists, cell biologists, and toxicologists between 1970 and 2000 found neither samples of asbestos in talc products nor symptoms of asbestos exposure among workers dealing with talc,For studies finding no asbestos in talcum powder samples, see: Van Orden, D., R. J. Lee: Weight Percent Compositional Analysis of Seven RTV Talc Samples. Analytical Report to R. T. Vanderbilt Company, Inc. 22 November 2000. Submitted to Public Comments Record – C. W. Jameson, National Toxicology Program, 10th ROC Nominations "Talc (containing asbestiform fibers)". 4 December 2000. Nord, G. L, S. W. Axen, R. P. Nolan: Mineralogy and Experimental Animal Studies of Tremolitic Talc. Environmental Sciences Laboratory, Brooklyn College, The City University of New York. Submitted to Public Comments Record – C. W. Jameson, National Toxicology Program, 10th ROC Nominations "Talc (containing asbestiform fibers)". 1 December 2000. Wylie, A.G. (2 June 2000) Report of Investigation. Analytical Report on RTV talc submitted to R. T. Vanderbilt Company, Inc. 13 February 1987 (Submitted to Public Comments Record – C. W. Jameson, National Toxicology Program, 10th ROC Nominations "Talc (containing asbestiform fibers)". Crane, D. (26 November 1986) Letter to Greg Piacitelli (NIOSH) describing the analytical findings of the Occupational Safety and Health Administration regarding R. T. Vanderbilt Talc (In OSHA Docket H-33-d and in Public Comments Record – C. W. Jameson, National Toxicology Program, 10th ROC Nominations – 2 June 2000). Crane, D. (12 June 2000) Background Information Regarding the Analysis of Industrial Talcs. Letter to the Consumer Product Safety Commission from the Occupational Safety and Health Administration. (Appended to CPSC Staff Report on "Asbestos in Children's Crayons" Aug. 2000). McCrone Associates – Atlanta Lab.: Report on the Analysis of Paint CLS-5067-1 and Mineral Filler CLS-N-439-1. To Unspecified Paint Company 23 September 1992. (Submitted to Public Comments Record – C. W. Jameson, National Toxicology Program, 10th ROC Nominations "Talc (containing asbestiform fibers)". 2 June 2000. Langer, A. M., Nolan, R. P. (November 2000) "Mineralogical Characterization of Vanderbilt Talc Specimens & Comparison of the 1976 Rohl Talc Report to NIOSH and Analysis Performed in 1988". In Public Comments – Nat'l Toxicology Program 10th ROC review. W. Jameson NIEHS MED EC-14, 79 Alexander Drive Research Triangle Park, NC "Talc (containing asbestiform fibers)". United States Department of the Interior: Selected Silicate Minerals and Their Asbestiform Varieties by W. J. Campbell, et al. (Bureau of Mines Information Circular, I. C. 8751). Washington, D.C.: Dept. of the Interior, Bureau of Mines. (1977). For studies finding no biological effects associated with talcum powder, see: but more recent work has rejected these conclusions in favor of "same as" asbestos risk. On 12 July 2018, a Missouri jury ordered Johnson & Johnson to pay a record $ 4.69 billion to 22 women who alleged the company's talc-based products, including its baby powder, contain asbestos and caused them to develop ovarian cancer.
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