US EPA Finalizes New TSCA Rules, Requiring Reporting for Asbestos

In July 2023, EPA published reporting and record-keeping requirements for asbestos under the Toxic Substances Control Act (TSCA). The rule requires enterprises 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.

Definition of asbestos

Asbestos is a collective term that covers any of the following substance:

As a mineral fiber that occurs in rock and soil, asbestos is widely used in construction materials, automotive vehicles, packaging and coatings. However, asbestos is hazardous to human health and may cause cancer or potential damage to our respiratory system if exposed to it.

Substances requiring reporting

Asbestos, including asbestos in bulk, asbestos in articles and/or products, and asbestos present as an impurity or component of mixtures.

Reporting entities

The rule requires persons who manufactured (including imported) or processed asbestos at any time from 2019 to 2022 and whose annual sales, when combined with their ultimate parent company (if any), were greater than or equal to $500,000 in any calendar year from 2019 to 2022, to electronically report certain information.

Exemptions

• Non-isolated intermediates;
• Enterprises engaged in small-scale manufacturing (including import) and processing for R&D purposes;
• Small-scale manufacturers (including importers) and processors; and
• Manufacturers of asbestos by-products (including importers).

Data required for reporting

• Reporting form: manufacturer (including importer), or processor that is unable to provide a reliable quantity of the asbestos in their products is proposed to use Form A for attestation purposes. Submitters that can determine or estimate the quantity would provide more detailed information in Form B;
• Certification Statement;
• Company profile: company information, site information, technical contact information;
• Activity information: the quantity of asbestos manufactured (including imported) or processed (measured in pounds), types of asbestos, percentage of asbestos in products or impurities, and asbestos disposal; and
• Employee Information: the number of employees, whether protective equipment is provided, and employee exposure data (where applicable).

Reporting time

Entities would report to EPA during a three-month submission period, which the EPA proposes would begin six months following the effective date of the final rule.

The EPA plans to collect detailed data on asbestos for future regulation and supervision. The rule shall enter into force on August 24, 2023. Enterprises shall collect relevant information within nine months at most.

CIRS warmly reminds that relevant enterprises strictly comply with this rule, prepare and submit data required, which is crucial for compliance.

Further Information

EPA Notice