U.S. EPA Finalizes Asbestos Reporting Rule Under TSCA

By Chelsea Lane, regulatory specialist, Supply Chain team, UL Solutions

On July 25, 2023, the U.S. Environmental Protection Agency (EPA) finalized reporting and recordkeeping requirements for asbestos under Section 8(a) of the Toxic Substances Control Act (TSCA). The requirements apply to companies that have manufactured, imported, or processed asbestos, including asbestos as a component of a mixture, asbestos in articles, or asbestos as an impurity in the four full calendar years prior to Aug. 24, 2023, and with annual sales greater than or equal to $500,000, in any calendar year from 2019 to 2022, when combined with those of their ultimate parent company (if any).

The following types of asbestos are subject to reporting:

• Asbestos – CASRN 1332-21-4;
• Chrysotile – CASRN 12001-29-5;
• Crocidolite – CASRN 12001-28-4;
• Amosite – CASRN 12172-73-5;
• Anthophyllite – CASRN 77536-67-5;
• Tremolite – CASRN 77536-68-6;
• Actinolite – CASRN 77536-66-4; and
• Libby amphibole asbestos – (mainly consisting of tremolite [CASRN 77536-68-6], Winchite [CASRN 12425-92-2], and Richterite [CASRN 17068-76-7]).

The EPA is seeking information on the presence, types, and quantities of asbestos that were manufactured and imported, as well as types of asbestos use, and certain employee exposure information. This data will be used to inform future actions such as risk evaluation and risk management activities.

The result of this rule is a one-time reporting obligation. There will be a three-month submission period beginning six months following the effective date of the final rule. The final rule is effective Aug. 24, 2023. Submitters will be required to use EPA’s Central Data Exchange (CDX) and electronically send in their reports using the asbestos reporting tool.

Recommended action items

• Familiarize yourself with the final rule.
• Determine if your company is subject to reporting

Reference

EPA Final Rule: Asbestos; Reporting and Recordkeeping Requirements under TSCA