Posted on April 21, 2024

As ADAO begins another legal battle against the Environmental Protection Agency (EPA), we wanted to run through how we got to where we are today. 

Here is a brief run-through of asbestos regulations and legal challenges the U.S. from 1989 – 2024.

Historical Asbestos Regulation (1989 – 1991)

  1. 1989 Asbestos Ban and Phase Out Rule (Remanded): In 1989, EPA issued a final rule banning most asbestos-containing products. 
  2. However, this regulation was overturned by the Fifth Circuit Court of Appeals in 1991, leaving only a few asbestos-containing products banned.

Recent Asbestos Regulations (2016 – 2024)

  1. Toxic Substances Control Act (TSCA) Reform in 2016: The Frank R. Lautenberg Chemical Safety for the 21st Century Act (Lautenberg Chemical Safety Act) was signed into law. The Lautenberg Chemical Safety Act amends the Toxic Substances Control Act (TSCA), the nation’s primary chemicals management law.
  2. In 2019, EPA promulgated a final Significant New Use Rule (SNUR) for asbestos, using the definition in TSCA Title II, section 202. This definition defines asbestos as the “asbestiform varieties of six fiber types—chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite or actinolite.” The significant new use of asbestos (including as part of an article) is manufacturing (including importing) or processing for ongoing or prohibited uses under TSCA. 
  3. 2024 TSCA Section 8(a)(1) Asbestos Reporting Rule: In February 2024, EPA rule was announced and requires certain persons who manufactured (including imported) or processed asbestos and asbestos-containing articles (including as an impurity) in the last four years to report certain exposure-related information, including quantities of asbestos manufactured or processed, types of use, and employee data. Reporting takes place from February 24 to May 24, 2024. 
  4. 2024 EPA Part 1 Chrysotile Asbestos Risk Management Rule: In March 2024, EPA finalized a risk management rule to prohibit the ongoing uses of chrysotile asbestos, the only form of asbestos currently imported into the U.S. This rule addresses the unreasonable risks identified for chrysotile asbestos in the 2020 Part 1 risk evaluation.
  5. 2024 EPA Part 2 Asbestos Risk Evaluation (Legacy Uses and Disposals): In April 2024, EPA published Part 2 of the Risk Evaluation for Asbestos, which will assess legacy uses, associated disposals, and all types of asbestos fibers, including those beyond just chrysotile. The EPA released a white paper in August 2023 outlining its approach for this supplemental evaluation.

Forthcoming Asbestos Regulations and Legal Challenges

  1. FDA Modernization of Cosmetics Regulation Act (MoCRA): In April, the FDA is expected to finalize the MoCRA rule to establish and mandate standardized testing methods for detecting and identifying asbestos in talc-containing cosmetic products.
  2. On April 19, 2024 ADAO filed a Petition for Review in the United States Court of Appeals for the District of Columbia Circuit to strengthen the Environmental Protection Agency’s (EPA) “Part 1 Chrysotile Asbestos: Regulation of Certain Conditions of Use Under the Toxic Substances Control Act.”
    1. The petition underscores several significant concerns: prolonged transitions for asbestos technology changes, insufficient controls over existing asbestos materials, and inadequate coverage of environmental release pathways.
    2. ADAO and its co-petitioners are calling for immediate action to revise and strengthen the rule to ensure comprehensive protection against one of the most notorious industrial hazards. The organization remains committed to its dual-track with EPA and Congress strategy to eliminate all asbestos-related diseases and safeguard public health.

Linda Reinstein

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