Key parts of asbestos ban struck down Court says EPA didn't consider alternative rules.

October 22, 1991|By New York Times

WASHINGTON -- A U.S. appeals court in New Orleans has struck down major parts of a far-reaching ban by the Environmental Protection Agency on asbestos products, ruling that the agency had not adequately considered alternative hTC regulation short of the prohibition.

Yesterday's ruling upheld the provisions of the agency's 1989 phaseout of asbestos use that are already in effect but sent provisions that would have taken effect in 1993 and 1996 back to the agency for more proceedings.

The decision was issued by the U.S. Court of Appeals for

the Fifth Circuit in New Orleans, which has handled previous asbestos cases.

Asbestos, a durable, heat-resistant mineral once widely used in building and consumer products, insulation and heat-bearing components, is a carcinogen that also is believed to be responsible for debilitating lung ailments in those who inhale its fibers.

Many of the diseases associated with loose asbestos fibers do not develop until two or three decades after exposure, experts say.

The asbestos industry said that yesterday's ruling cleared the way to continue using the material in automobile parts like brakes and clutch facings and in other products subjected to friction.

Asbestos would have been banned from those products in 1993, and additional uses would have been ruled out in 1996.

Robert J. Pigg, president of the Asbestos Information Association/North America, an industry group, welcomed the ruling as a "critical step in the right direction." It was a vindication of industry efforts to promote the controlled and safe uses of asbestos, he said.

"We have known for many years that asbestos can be safely and securely bound in today's products, as long as carefully controlled manufacturing and installation processes are employed," Pigg said. "We are glad to see the court agrees that the evidence supports this view."

The environmental agency had no immediate comment on the ruling or whether it would appeal. Agency officials and lawyers were examining the appeals court documents, said Gwenn Brown, an EPA spokeswoman.

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