COURT OF APPEALS REVERSES EPA'S BAN ON ASBESTOS - CEMENT PIPE

The U.S Court of Appeals for the Fifth Circuit issued a decision on October 18, 1991 reversing EPA’s 1989 ban on asbestos-cement pipe.As a result of the reversal by a three-judge panel of the Court, the EPA rule banning manufacturer of A/C pipe after August 26, 1996 is vacated and manufactures are free to continue manufacturing A/C pipe after that date.

The Court agreed with ACPPA’s arguments that BPA had failed to present substantial information that A/C pipe posed an unreasonable risk that justified its ban. The Court noted BPA could find only minimal exposures to asbestos occurring in the manufacture installation and use of A/C pipe thus benefits from banning the pipe.

The Court also noted that EPA’s own findings indicated that alternative pipe materials - polyvinyl chloride and iron ductile - also posed their own risks, which may be larger than the risks posed by A/C pipe. Accordingly said the Court banning A/C pipe and thus requiring use of PVC of iron ductile pipe was not justified.

Finally, the Court said EPA had failed to consider less burdensome controls before it imposes a ban.

EPA has several options in light of the Court of Appeals decision : it can