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July 28, 2023

EPA Issues Final TSCA Section 8(a) Reporting and Recordkeeping Rule for Asbestos

Lynn L. Bergeson Carla N. Hutton

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, including quantities of asbestos manufactured or processed, types of use, and employee data. Manufacturers (including importers) and processors subject to the rule will have nine months following the effective date of the final rule to collect and submit all required information to EPA. In the final rule, EPA “emphasizes that this requirement includes asbestos that is a component of a mixture.” EPA and other federal agencies will use reported information in considering potential future actions, including risk evaluation and risk management activities. The final rule will be effective August 24, 2023. There will be a three-month submission period for reporting that will begin six months following the effective date of the final rule. More information is available in our July 12, 2023, memorandum.