Posted on July 31

When we won our lawsuit vs. the EPA, so did all Americans.

The Asbestos Diseases Awareness Organization (ADAO) v. the Environmental Protection Agency (EPA), and so did Americans. ADAO has long held that Americans have a “Right to Know” who imports and uses asbestos in the US.

Here’s what you need to know.

EPA has announced its final rule on asbestos reporting under the Toxic Substances Control Act (TSCA). The new rule aims to gather crucial data from companies involved in the manufacture, import, or processing of asbestos to aid the agency’s evaluation and future regulation of various forms of the mineral. The rule was published in the Federal Register on July 25, with the reporting deadline set for May 2024.

Five Key Points about the Final EPA Asbestos Reporting Rule:

Reporting Obligation and Timeline:

The final rule stipulates a one-time reporting obligation for companies that manufactured, imported, or processed asbestos in any form between 2019 and 2022. Reporting is to begin six months after the rule’s effective date in August 2023, with the submission deadline set for May 2024.

Timeframe Consideration:

Despite receiving requests for a lengthier reporting period, the EPA justified the six-month duration between the effective date and the submission period, citing sufficient time for both the agency to finalize the reporting tool and for companies to familiarize themselves with the rule and compile the necessary information. This timeframe aligns with EPA’s longstanding TSCA Chemical Data Reporting Rule (CDR).

Significance of Prompt Reporting:

EPA emphasizes the importance of timely data reporting to inform its TSCA risk evaluation and management activities concerning asbestos. The data collected through this rule will play a role in the Risk Evaluation for Asbestos Part 2 TSCA of legacy asbestos, which includes discontinued uses of chrysotile asbestos and all applications of other fiber types.

Unchanged Final Rule:

The final rule remains unchanged from the version proposed on July 6, despite ADAO comments submitted to include a longer reporting period. EPA opted to maintain an income threshold for reporting, exempting companies with annual revenue under $500,000, considering the exclusion would ease the burden on smaller firms while still gathering relevant information on asbestos uses.

Expansive Definition of “Asbestos”:

The final rule defines “asbestos” broadly, for the first time, encompassing the Libby amphibole type in addition to fiber types covered in the 1986 amendment to TSCA. Additionally, the rule includes asbestos’ presence as an impurity in other materials like vermiculite, talc, and other substances. EPA dismisses industry arguments that talc and vermiculite are not subject to TSCA requirements for the mineral.

The EPA’s publication of the final rule on asbestos reporting sets a clear deadline for companies to submit use and exposure data. This move is a crucial step in the agency’s efforts to evaluate and regulate asbestos forms effectively. By requiring timely and comprehensive reporting, the EPA seeks to enhance its understanding of asbestos and make informed decisions regarding asbestos management and risk evaluation.

Our special thanks goes out to Robert Sussman, a talented and dedicated environmental lawyer who represented ADAO and our co-plaintiffs.

It’s time for companies to embrace transparency and responsibility and allow the American people to exercise their right to know!