The new final rule requiring reporting on all six fiber types of asbestos went into effect August 24, 2023. Issued under Section 8(a) of the Toxic Substances Control Act (TSCA), the rule requires asbestos manufacturers (including importers) and processors to report certain use and exposure information from the past 4 years, including information on asbestos-containing products (including as an impurity).
The rule requires manufacturers (including importers) and processors of asbestos between 2019 and 2022 with annual sales above $500,000 in any of those years to report exposure-related information, including quantities of asbestos manufactured or processed, types of use, and employee data. Importantly, the rule also covers asbestos-containing products (including products that contain asbestos as an impurity) and asbestos that’s present as a component of a mixture.
“This includes products with talc and vermiculite, which can be contaminated with asbestos,” according to Mesothelioma.com. “Talc and vermiculite are both commonly used in consumer products like makeup, insulation and fertilizers. These products have been named in thousands of asbestos-contamination lawsuits over the years.”
“Most people dread the word asbestos and know that it’s a recognized carcinogen, but don’t realize just how much is still in the environment and in common products,” said Thomas Burke, an environmental epidemiologist at Johns Hopkins University Bloomberg School of Public Health, according to PBS.
“Today, you can find asbestos in brake liners, potting soil, chlorine factories and firefighters’ clothing,” the PBS article says. “Just this week, the chemical was found in crayons and other school supplies. Meanwhile, homeowners and communities continue to deal with the fallout of using asbestos as clothing and building material for thousands of years, most recently as a flame retardant, wall insulation and liner for cement pipes.”
Manufacturers (including importers) and processors subject to the rule must report the required information during the 3-month data submission period beginning February 24, 2024, and ending May 24, 2024.
The EPA intends to use data collected through this rule to help inform future actions involving asbestos, including part 2 of the risk evaluation for asbestos and potential future risk management activities resulting from that risk evaluation. For example, data collected on asbestos as an impurity could better inform the risk evaluation of the use of asbestos in talc. Additionally, part 1 of the EPA’s risk evaluation included uses for which asbestos may be part of an article or a component of an end-use product, like brake blocks and gaskets. This reporting rule will help identify whether there are articles that contain different types of asbestos.
Read the final rule.
Learn more about part 1 and part 2 of the EPA's risk evaluation for asbestos.