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On 28 March, the Environmental Protection Agency (EPA) issued its long-awaited first final risk management rule under the Toxic Substances Control Acta (TSCA), banning the import and eventual use of chrysotile asbestos. This is the only form of asbestos known to be used in the US. You may be thinking now that because your company does not import or use asbestos, this does not affect you. You should care about it because the EPA’s approach...

On April 16, 2024, the U.S. Environmental Protection Agency (EPA) announced the availability of and requested public comment on a draft document titled “Draft Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos” (the Draft Asbestos Part 2). 89 Fed. Reg. 26878. EPA is evaluating legacy uses and associated disposals of asbestos, including chrysotile asbestos, five additional fiber types, asbestos-containing talc, and Libby...

Download transcript. This week I discuss with my colleague, Dr. Richard E. Engler, Director of Chemistry for B&C and The Acta Group, our consulting affiliate, the U.S. Environmental Protection Agency’s (EPA) important and recently issued first final risk management rule for chrysotile asbestos. Those of us in the Toxic Substances Control Act (TSCA) community know asbestos occupies a special place in TSCA’s checkered past, and EPA’s final rule is an important chapter in that book....

The U.S. Food and Drug Administration (FDA) announced on April 5, 2024, the results of its 2023 sampling assignment, testing talc-containing cosmetic products for the presence of asbestos. The testing was conducted using Polarized Light Microscopy (PLM) and Transmission Electron Microscopy (TEM). FDA states that “[a]sbestos was not detected in any of the 50 samples tested in 2023.” FDA states that it selected and purchased cosmetic products, and then it blinded and transferred the samples...

On March 28, 2024, the U.S. Environmental Protection Agency (EPA) issued a final rule under the Toxic Substances Control Act (TSCA) to address to the extent necessary the unreasonable risk of injury to health presented by chrysotile asbestos based on the risks posed by certain conditions of use (COU). 89 Fed. Reg. 21970. According to the final rule, the injuries to human health include mesothelioma and lung, ovarian, and laryngeal cancers resulting from chronic inhalation...

On December 28, 2023, the U.S. Environmental Protection Agency (EPA) released comments from the letter peer review for its 2023 white paper presenting EPA’s quantitative approach for the human health risk assessment for part 2 of the Toxic Substances Control Act (TSCA) risk evaluation for asbestos. EPA notes in its December 28, 2023, press release that under the previous Administration, it narrowed the scope of the asbestos risk evaluation by reviewing only ongoing uses and...

On October 16, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of reporting instructions for entities required to report on their use of asbestos under the Toxic Substances Control Act (TSCA). EPA’s July 25, 2023, final rule requires manufacturers (including importers) or processors of asbestos between 2019 and 2022 with annual sales above $500,000 (combined with their parent company) in any of those years to report exposure-related information, including...

On August 3, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of and solicited public comment on the document entitled “White Paper: Quantitative Human Health Approach to be Applied in the Risk Evaluation for Asbestos Part 2 — Supplemental Evaluation including Legacy Uses and Associated Disposals of Asbestos” (White Paper) and related charge questions. 88 Fed. Reg. 51309. EPA states that it will be soliciting comments from expert ad hoc reviewers on the...

On July 25, 2023, the U.S. Environmental Protection Agency (EPA) issued a final rule regarding the reporting and recordkeeping requirements for asbestos under the Toxic Substances Control Act (TSCA). 88 Fed. Reg. 47782. EPA states in its July 6, 2023, press release that under the reporting rule, manufacturers (including importers) or processors of asbestos between 2019 and 2022 with annual sales above $500,000 in any of those years are required to report exposure-related information,...

On June 22, 2023, the U.S. Environmental Protection Agency (EPA) called for public nominations of scientific and technical experts to review the “2023 White Paper on the Quantitative Human Health Approach to be Applied in the Risk Evaluation for Asbestos Part 2.” 88 Fed. Reg. 40819. EPA states that it will release the white paper for public review and comment in late July 2023 and subsequently submit it for letter peer review. EPA currently anticipates selecting approximately ten...