FOR IMMEDIATE RELEASE
Asbestos Disease Awareness Organization (ADAO)
February 13, 2026

EPA Fails to Propose Required Rule by TSCA Deadline After Determining Legacy Asbestos Poses Unreasonable Health Risks

The Asbestos Disease Awareness Organization (ADAO), the largest U.S. nonprofit dedicated to preventing asbestos exposure through education, advocacy, and community initiatives, represented by Sussman & Associates, sent a 60-day Notice of Intent to Sue the U.S. Environmental Protection Agency (EPA) for failing to perform its non-discretionary duty under the Toxic Substances Control Act (TSCA) to propose a risk management rule addressing legacy asbestos by December 3, 2025, as required by TSCA. 

On December 3, 2024, EPA published its final Part 2 risk evaluation concluding—based on the best available science—that legacy asbestos presents an unreasonable risk of injury to human health. Under TSCA section 6(c)(1)(A), once such a finding is made, EPA “shall propose” a rule within one year. That statutory deadline expired on December 3, 2025. EPA has not proposed the required rule and is now in violation of a mandatory duty enforceable through a citizen suit.

“EPA has already determined that legacy asbestos presents an unreasonable risk to human health,” said Linda Reinstein, President and CEO of ADAO. “Nearly 40,000 Americans die each year from asbestos-related diseases and exposure to legacy asbestos is a major  contributor to this loss of life.  Delay does not reduce danger—it compounds it. From aging public buildings to major federal renovations, including the East Wing, legacy asbestos remains an ongoing public health threat. Preventing exposure and risk  is the only cure for asbestos-caused diseases. EPA must act now” she concluded. 

Legacy asbestos can be found in millions of schools, homes, commercial buildings, and public facilities across the United States. Exposure occurs during renovation, repair, demolition, and waste handling. EPA determined that legacy asbestos presents unreasonable risks to workers—including firefighters and occupational non-users—as well as to consumers, bystanders, and the general population. 

“The legal battle to get EPA to step up to addressing the serious health risks of legacy asbestos has been a long journey and it still isn’t over.,” said Robert M. Sussman, counsel for ADAO. “EPA has once again failed to act on legacy asbestos in the face of a clear mandate from Congress to propose a rule within one year of determining that legacy asbestos presents an unreasonable risk.   Congress used mandatory language—‘shall propose.’ This is a statutory duty, not a matter of discretion and ADAO intends to enforce the law.” 

Under TSCA section 20(a)(2), citizens may file suit to compel EPA to perform non-discretionary duties after 60 days’ notice. If EPA does not propose a rule on legacy asbestos within that period, ADAO is prepared to seek judicial enforcement.

###

About ADAO

The Asbestos Disease Awareness Organization (ADAO) is the largest independent nonprofit in the U.S. dedicated to eliminating asbestos-caused diseases through education, advocacy, and community partnerships. For more information, visit https://www.asbestosdiseaseawareness.org/