In July 2023, the U.S. Environmental Protection Agency (EPA) issued the final rule on "Toxic Substances Control Act (TSCA) Requirements for Asbestos Reporting and Records" which mandates specific companies to report relevant information on asbestos and asbestos-containing products (including as impurities) manufactured (including imports) or processed in the past four years.

Definition of Asbestos

Asbestos is a collective term that refers to any of the substances listed in the table below:

Asbestos is a fibrous silicate mineral widely used in construction materials, automotive industries, heat-resistant fabrics, packaging, and coatings. However, asbestos poses health hazards to humans, and exposure to it can lead to cancer or other respiratory issues.

Reportable Substances

Applicable to asbestos, including bulk forms of asbestos, asbestos in articles and/or products, asbestos present as impurities, or as part of a mixture.

Reporting Entities

Companies that have manufactured (including imports) or processed asbestos between 2019 and 2022 and have had an annual sales revenue of $500,000 or more in any calendar year from 2019 to 2022 after being combined with their ultimate parent company (if applicable) are required to report under this rule.

Exemptions

• Non-isolated intermediates.
• Enterprises engaged in small-scale manufacturing (including imports) and processing for research and development purposes.
• Small manufacturers (including importers) and processors.
• Manufacturers (including importers) of asbestos by-products.

Reporting Information

• Reporting Forms: If an enterprise is unable to determine or estimate the quantity of asbestos manufactured (including imports) or processed, Form A should be used for reporting; otherwise, Form B is used.
• Certification Statement
• Company and Facility Information: Including company name, address, contact information, business scale, etc.
• Activity Information: Including quantity of asbestos manufactured (in pounds), types of asbestos, percentage of asbestos in products or impurities, disposal of asbestos, etc.
• Employee Information: Including the number of employees, whether protective equipment is provided, and employee exposure data (if applicable).

Reporting Period

Starting six months after the effective date of the regulation, and continuing for three months.

Additionally, the EPA plans to collect relevant data through this regulation to provide essential support for future regulatory decisions. The rule takes effect on August 24, 2023, allowing companies up to nine months to gather the necessary information.

CIRS hereby reminds all relevant companies to comply with this regulation, promptly prepare, and submit the required information. It is crucial for maintaining compliance and avoiding potential legal violations.

If you need any assistance or have any questions, please get in touch with us via service@cirs-group.com.

Further Information

EPA News