On July 6, 2023, the U.S. Environmental Protection Agency (EPA) announced a final rule under Section 8(a) of the Toxic Substances Control Act (TSCA) that will require reporting and recordkeeping requirements for asbestos. The pre-publication version of the final rule states that EPA will require certain persons who manufactured (including imported) or processed asbestos and asbestos-containing articles, including as an impurity, in the four years prior to the date of publication of the final rule to report electronically certain exposure-related information. EPA notes that this action results in a one-time reporting requirement. EPA “emphasizes that this requirement includes asbestos that is a component of a mixture.” The final rule will require that information be reported on presence, types, and quantities of asbestos (including asbestos that is a component of a mixture) and asbestos-containing articles that were manufactured (including imported) or processed, types of use, and employee data. According to EPA, it and other federal agencies will use the reported information in considering potential future actions, including risk evaluation and risk management activities. The final rule will be effective 30 days after publication in the Federal Register.
EPA states in its press release that under the final rule, manufacturers (including importers) or processors of asbestos between 2019 and 2022 with annual sales above $500,000 in any of those years will be required to report exposure-related information, including quantities of asbestos manufactured or processed, types of use, and employee data. EPA notes that “[i]mportantly, the rule also covers asbestos-containing products (including products that contain asbestos as an impurity) and asbestos that is present as a component of a mixture.” Manufacturers (including importers) and processors subject to the rule will have nine months following the effective date of the final rule to collect and submit all required information to EPA. For more information, please read the full memorandum.
