The Environmental Protection Agency (EPA) has issued new reporting requirements for companies that manufacture, import or process asbestos-containing products. A new reporting guideline was enforced by the EPA on July 5, 2023, requiring anyone (1) who has manufactured, imported or processed asbestos as a component of a mixture, in an article or product, or as an impurity from 2019 to 2022 and (2) whose annual sales, when combined with their ultimate parent company (if any), were greater than or equal to $500,000 in any calendar year from 2019 to 2022, to electronically report quantities of asbestos manufactured or processed, types of use and employee data. This final rule is effective August 24, 2023.
The submission period will begin six (6) months after the effective date of the final rule. Therefore, manufacturers (including importers) and processors have up to nine (9) months following the effective date of the final rule to collect and submit all required information to the EPA. While the EPA acknowledges that there will be a cost to business owners to provide this information, it is important to note that this is a one-time reporting obligation. Excluded from this reporting requirement are substances that are not included in the definition of “chemical substance” in the Toxic Substances Control Act of 1976 (TSCA) section 3(2)(B), including, but without limitation, pesticides, tobacco, specified nuclear material, firearms and ammunition, food, food additives, drugs and cosmetics.
The EPA intends to use the data collected through this rule to help inform future actions involving asbestos, including risk evaluation and risk management activities. The reporting will provide the EPA with baseline information needed to assess whether certain uses of asbestos create an “unreasonable risk to human health or the environment” and if there are articles that contain different types of asbestos. The EPA is making it a priority to understand “the health risks of asbestos and protecting the public, including potentially exposed or susceptible subpopulations.”
There are two forms for completion.
- Submitters who are aware of asbestos in their product, but who are unable to determine or estimate the quantity manufactured (including imported) or processed, will use Form A.
- If the quantity of asbestos in a product is known to or reasonably ascertainable by the submitter, then the submitter must complete Form B, which requires specific quantity information per asbestos type, more-detailed processing information (including disposition) and employee information (including employee exposure information, use of personal protective equipment (PPE) and exposure measurement assessments).