Environmental Protection Agency Proposes New Asbestos Regulations

How the EPA Defines Asbestos

In general, the term “asbestos” refers to a group of six naturally occurring minerals that can be broken down into fibers. These fibers are strong, resilient, and heat-resistant and were once widely used in a variety of industries. 

The EPA’s definition of asbestos and asbestos products covers the six types of asbestos: 

• Chrysotile (serpentine) asbestos; 
• Crocidolite (riebeckite) asbestos; 
• Amosite (cummingtonite-grunerite) asbestos; 
• Anthophyllite asbestos; 
• Tremolite asbestos; and 
• Actinolite asbestos. 

The Environmental Protection Agency has also proposed that asbestos manufacturers and importers include information on Libby Amphibole asbestos, in part to ascertain whether it continues to be produced in the United States. 

What is Libby Amphibole Asbestos?

“Libby Amphibole asbestos” refers to a particular type of asbestos—of varying mineral composition—once mined in and around the town of Libby, Montana. While the Environmental Protection Agency does not believe that Libby facilities continue to manufacture asbestos, it hopes that additional recordkeeping requirements will help track the extent to which Libby Amphibole asbestos spread. 

The EPA’s Proposed Asbestos Recordkeeping Requirements and Rules

The EPA’s proposed rule was published in the Federal Register on May 6, 2022, in a publication entitled “Asbestos; Reporting and Recordkeeping Requirements under the Toxic Substances Control Act.” The 22-page document details how asbestos companies should inform the federal government of potential asbestos exposures. 

The requirements for companies are dependent on what role they played in the asbestos industry: 

• Domestic Asbestos Manufacturers

Domestic Asbestos Manufacturers, including mines and mills, shall furnish employee exposure information directly to the EPA. This information could include what type of asbestos was being produced, where goods were sold, and whether exposures were intentional or unintentional.

• Asbestos Importers 

Asbestos Importers would be required to electronically upload reports relating to the quantity and type of asbestos imported, as well as how the company’s employees were exposed. The EPA will consider any asbestos-containing import as contaminated, even if asbestos was not the sole or primary component. 

• Asbestos Processors 

Asbestos Processors shall provide similar information on their asbestos products and potential employee exposures. However, the EPA will categorize processors as “primary processors” and “secondary processors.” Primary processors are defined as companies that incorporated bulk asbestos or bulk asbestos components into other products, while secondary processors are those that acquired asbestos and integrated into their own goods. 

How the Rule Could Affect Public Health and Safety 

While the United States took some actions against the asbestos industry in the 1980s, its continued efforts to contain and control the use of asbestos have been criticized as inadequate. In 2016, the agency was instructed to only review the uses of a single form of asbestos, chrysotile asbestos. The proposed rule is the first revision of the T.S.C.A. since the previous Administration overhauled and weakened asbestos-related guidance. 

EPA Hopes New Rule Will Establish More Comprehensive Approach to Asbestos Cleanup and Control

EPA official Michael Fredhoff says that the agency hopes the proposed rule will help the federal government evaluate more comprehensive approaches to asbestos control. 

“Strong data and the best available science are the foundation of our work to protect communities from hazardous chemicals like asbestos,” Fredhoff said in an EPA press release. “Getting a more comprehensive and complete set of data on how and where this chemical is used is part of EPA’s broader effort to evaluate the health risks from asbestos and, when needed, put protections in place.” 

The EPA says that better recordkeeping will assist the agency in: 

• Understanding and logging “legacy” uses of asbestos products manufactured or sold before the agency’s ban; and

• Tracking legally permissible asbestos manufacturing and importation, as well as potential employee exposures from related activities. 

In its press release, the EPA detailed further plans to curtail asbestos use and exposure in the United States, including a proposed rule to ban ongoing uses of chrysotile asbestos, which is the only form of asbestos currently imported into the country.