EPA Requests Additional Input to Develop "Durable" Asbestos Rule on Legacy Uses

EPA announced on June 23 that it needs additional information to prepare its exposure and economic analyses for the agency’s proposed rule on legacy uses of asbestos, disposal of asbestos from legacy uses, uses of asbestos types other than chrysotile, and use of asbestos-containing talc. These uses were covered in the second part of EPA’s asbestos risk evaluation, which was published in 2024. EPA determined in the risk evaluation that disturbing and handling asbestos in legacy uses, as well as asbestos as a chemical substance, poses “unreasonable risk to human health.” When EPA determines that a chemical substance presents an unreasonable risk of injury to health or the environment, the agency is required under the Toxic Substances Control Act (TSCA) to publish a proposed risk management rule within one year of publishing the final risk evaluation. Citing its authority under TSCA section 6(c)(1)(C) to adjust “proposed rule deadline[s] for chemicals like asbestos,” EPA says it now plans to propose a risk management rule for these uses of asbestos by June 3, 2027.

“Gathering real-world information directly from workers, building owners, states, Tribes, industry, and communities allows EPA to target protections where people are actually exposed and to build a rule that holds up when challenged, so those protections take effect and stay in place,” the agency’s notice states.

A list of questions compiled by EPA request information about topics such as demolitions and renovations that disturb asbestos-containing materials, individuals not covered by OSHA who disturb asbestos-containing materials, and air sampling methods and laboratory testing capabilities. Stakeholders may submit responses to the docket until Aug. 24, 2026.

To learn more, read EPA’s notice. Visit the docket on Regulations.gov to download the agency’s request for information or submit comments.