EPA Finalizes Part 2 TSCA Risk Evaluation for Asbestos
Today, the U.S. Environmental Protection Agency (EPA) released the final Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos conducted under the Toxic Substances Control Act (TSCA). In part 2, EPA evaluated legacy uses and associated disposals of asbestos including chrysotile asbestos and five additional asbestos fiber types. Legacy uses are uses where manufacturing, processing, or distribution have ended, but there may still be asbestos present, such as floor and ceiling tiles, pipe wraps, insulation, and heat-protective textiles containing asbestos. EPA has determined that asbestos poses unreasonable risk to human health.
Uses and Risks Associated with Asbestos
Asbestos is a naturally occurring fibrous mineral. Asbestos was historically used as a fire retardant in construction in the mid-twentieth century but was also used extensively in diaphragms used to make chlorine and caustic soda, gaskets, brakes, cement water pipes, and in buildings materials such as floor tiles, insulation, shingles, and textured paint, among other uses.
When disturbed, asbestos fibers can get in the air and, if inhaled into a person’s lungs can cause asbestosis (a type of lung disease) and cancer including mesothelioma (cancer of the abdominal lining) and lung, ovarian, and laryngeal cancers.
Under the previous Administration, EPA narrowed the scope of the TSCA risk evaluation for asbestos by only reviewing ongoing uses, and excluded the consideration of legacy uses and disposals. Because only chrysotile asbestos has ongoing uses, other fiber types were not initially considered. However, in 2019, a court ruled that the agency unlawfully excluded “legacy uses” and “associated disposal” from TSCA’s definition of “conditions of use,” resulting in the need to supplement the agency’s initial review of asbestos (“part 1”) with a “part 2” risk evaluation.
EPA completed part 1 of the risk evaluation for the ongoing uses of chrysotile asbestos in December 2020 and finalized a rule to ban ongoing uses of chrysotile asbestos in March 2024.
The part 2 risk evaluation considers chrysotile asbestos, as well as five additional fiber types—crocidolite, amosite, anthophyllite, tremolite, actinolite—Libby amphibole asbestos, and asbestos containing talc. In part 2 of the risk evaluation, EPA evaluated legacy uses and associated disposals of asbestos. Asbestos may also be found in older school buildings. In general, people are exposed to asbestos only when the asbestos-containing material is handled or damaged in some way to release asbestos fibers into the air. For example, if asbestos is present in the insulation in an older building and the asbestos-containing insulation is not disturbed, the asbestos does not present a risk to those living or working in or near the building.
In the part 2 risk evaluation, EPA has determined that legacy uses of asbestos that result in asbestos exposure significantly contribute to the unreasonable risk presented by asbestos. EPA expects that the highest asbestos exposure potential exists for workers involved with cutting, sanding, or grinding asbestos-containing material on a regular basis, such as construction workers who are routinely involved in demolition work. First responders, such as firefighters, may also be at risk as fires and other emergencies can disturb asbestos material in buildings and lead to asbestos exposure. These legacy conditions of use of asbestos also pose health risks to family members of exposed workers who may bring asbestos fibers back home on their clothing and people engaged in do-it-yourself home renovation or other projects involving asbestos-containing materials, as well as people living near activities that cause the release of asbestos fibers, including demolitions and renovations.
EPA’s risk finding does not mean that every person with asbestos-containing material in their house or school will suffer adverse health effects. Asbestos does not present risk to students attending school and people working in older school buildings, unless it is disturbed.
EPA did not assess exposures from asbestos unintentionally present in trace amounts in products that are not subject to TSCA, such as personal care products with talc containing asbestos. EPA’s finding on trace amounts should not be extrapolated to conclusions about uses of asbestos that are not subject to TSCA. Learn more about asbestos risks.
EPA has determined that there is no unreasonable risk of injury to the environment.
Next Steps
EPA will now begin the risk management process to address the unreasonable risk presented by legacy uses and associated disposal of asbestos. EPA will release a proposed rule under TSCA section 6 to protect people from the identified risks.
Read the final part 2 of the risk evaluation.
Additional Information
Conditions of Use that Significantly Contribute to the Unreasonable Risk:
- Industrial/commercial use: construction, paint, electrical, and metal products: construction and building materials: paper articles; metal articles; stone plaster, cement, glass, and ceramic articles
- Industrial/commercial use: construction, paint, electrical, and metal products: machinery, mechanical appliances, electrical/electronic articles
- Industrial/commercial use: construction, paint, electrical, and metal products: other machinery, mechanical appliances, electronic/electronic articles
- Industrial/commercial use: furnishing, cleaning, treatment care products: construction and building materials: fabrics, textiles, and apparel
- Industrial/commercial use: furnishing, cleaning, treatment care products: furniture and furnishings: stone, plaster, cement, glass, ceramic articles, metal articles, and rubber articles
- Consumer use: construction, paint, electrical, and metal products: construction and building materials: paper articles; metal articles; stone, plaster, cement, glass, and ceramic articles
- Disposal
Conditions of Use that Do Not Significantly Contribute to the Unreasonable Risk:
- Industrial/commercial use: construction, paint, electrical, and metal products: fillers and putties
- Industrial/commercial use: construction, paint, electrical, and metal products: solvent based/water based paint
- Industrial/commercial use: construction, paint, electrical, and metal products: electrical batteries and accumulators
- Industrial/commercial use: packaging, paper, plastic – packaging (excluding food packaging): rubber articles and plastic articles
- Industrial/commercial use: automotive, fuel, agriculture, outdoor use products: lawn and garden care products
- Industrial/commercial use: mining of non-asbestos commodities
- Industrial/ commercial use: laboratory chemicals
- Industrial/commercial use: Other Uses: artifacts
- Industrial/commercial use: Other uses: aerospace applications
- Consumer use: construction, paint, electrical, and metal products: machinery, mechanical appliances, electrical/ electronic articles
- Consumer use: construction, paint, electrical, and metal products: fillers and putties
- Consumer use: construction, paint, electrical, and metal products: solvent-based/water-based paint
- Consumer use: furnishing, cleaning, treatment care products: construction and building materials, including fabrics, textiles, and apparel
- Consumer use: furnishing, cleaning, treatment care products: furniture and furnishings: stone, plaster, cement, glass, and ceramic articles; metal articles; or rubber articles
- Consumer use: packaging paper, plastic, toys, hobby products: packaging (excluding food packaging): rubber articles; plastic articles
- Consumer use: packaging paper, plastic, toys, hobby products: toys intended for children’s use (and child dedicated articles): fabrics, textiles, and apparel; or plastic articles (hard)
- Consumer use: Other uses: artifacts
- Consumer use: automotive, fuel, agriculture, outdoor use products: lawn and garden care products
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