EPA Proposes a Reporting rule for Asbestos under Section 8(a) of the Toxic Substance Control Act

On May 6, 2022, EPA published proposed reporting and recordkeeping requirements for asbestos under the Toxic Substance Control Act (TSCA). The proposed rule is a one-time reporting obligation for certain manufacturers and processors of asbestos including manufacturers and processors of articles containing asbestos or asbestos that is a component of a mixture. The data elements for reporting include the quantity manufactured or processed per asbestos type and use, and employee exposure information.

Although TSCA Section 8(a) provides an exemption for small manufacturers (including importers) or processors, EPA is imposing these requirements on all small businesses for all forms of asbestos, except for Libby Amphibole. EPA explains it can do so under TSCA because these forms of asbestos are subject to an existing TSCA rulemaking. As a result, only small manufacturers and small processors of Libby Amphibole are exempt from reporting. While EPA is using its existing definition for small manufacturer, the agency is proposing to establish a definition of small processors in this rulemaking. EPA is consulting with SBA on the new definition, as required by statute.

Comments are due on July 5, 2022.

Read EPA’s proposal and submit comments.

Advocacy contact: Send an email to Tabby Zeb at tayyaba.zeb@sba.gov  or call (202)798-7405.