On June 23, 2026, the U.S. Environmental Protection Agency (EPA) solicited additional public comments on regulations addressing legacy uses and related disposal of asbestos under the Toxic Substances Control Act (TSCA) (covering non-chrysotile and chrysotile asbestos fiber types, as well as asbestos-containing talc, referred to as "Asbestos Part 2"). All stakeholders may submit feedback by August 24, 2026. Based on the information request document released by the EPA, CIRS Group provides the following analysis.
Background
Asbestos exposure is one of the leading causes of lung cancer and mesothelioma. In December 2020, the EPA completed the risk assessment for Asbestos Part 1, with the final rule published in March 2024. In December 2024, the EPA completed the risk assessment for Asbestos Part 2. The assessment concluded that legacy uses of asbestos (uses for which manufacturing, processing, and distribution have ceased) significantly contribute to the unreasonable risk posed by asbestos.
Five Key Consultation Topics
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Topic |
Core Focus |
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(A) Demolition and Renovation Activities |
In demolition/renovation not subject to the Asbestos NESHAP (National Emission Standards for Hazardous Air Pollutants) or state regulations: frequency with which property owners hire certified asbestos professionals, common work practices, and differences in asbestos-containing materials between residential and non-residential buildings |
|
(B) Individuals Not Covered by OSHA |
Self-employed workers and others not subject to OSHA's asbestos construction standards: industries involved, frequency and quantity of disturbance, training status, methods for identifying asbestos, and engineering controls used |
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(C) Legacy Asbestos Sheet Gaskets |
Status of installed asbestos gaskets in industries other than titanium dioxide production and nuclear materials processing, replacement frequency, exposure monitoring data, and respiratory protection measures |
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(D) Other Legacy Asbestos-Containing Products |
Quantities of products still in use, such as electromechanical components, brake/clutch assemblies, pump and valve gaskets, asbestos textiles, and cookware; trades involved; maintenance frequency; and protective measures |
|
(E) Air Sampling Methods and Laboratory Testing Capacity |
Impact of establishing an ECEL below the OSHA PEL on testing capacity; feasibility of testing in harsh environments; TEM testing capacity and costs; and impact of testing delays |
Key Data
- Asbestos NESHAP Threshold: Less than 260 linear feet, 160 square feet, or 35 cubic feet is not regulated
- OSHA PEL: 0.1 f/cc (8-hour TWA), 1.0 f/cc (30-minute average)
- EPA Risk-Only Value: 0.004 f/cc (8-hour TWA)
- TSCA Asbestos Rule Transition Limit: 0.005 f/cc (ECEL)
- Method LODs: NIOSH 7400 (PCM) 0.00675 f/cc; OSHA ID-160 (PCM) 0.001 f/cc; NIOSH 7402 (TEM) 1 confirmed asbestos fiber
ChemRadar Insights
The "risk-only" occupational exposure value calculated by the EPA in its risk assessment is 0.004 fibers per cubic centimeter (8-hour time-weighted average), far below the current OSHA PEL of 0.1 f/cc. Although the final risk management limit (ECEL) may be adjusted to account for non-risk factors such as cost and technical feasibility, the EPA is clearly moving toward more stringent standards.
Impact on Enterprises
The EPA has committed to submitting a formal regulatory proposal by June 3, 2027, after collecting and analyzing data. If the new regulations bring a large number of previously exempt residential renovation and self-employed worker activities under regulatory oversight, and set exposure limits close to the risk-only values from the risk assessment, it will have profound implications for the U.S. construction industry, real estate sector, and maintenance of aging industrial facilities. Small contractors and self-employed workers may face challenges such as rising compliance costs and increased testing requirements.
CIRS Services
- TSCA Inventory and Confidential Inventory Search
- Existing Chemical Substances Listed on the TSCA Inventory
- Pre-Manufacture Notification (PMN) Exemptions (substances regulated under other statutes, substances for research and development, low-volume substances, polymers, etc.)
- Pre-Manufacture Notifications (PMNs)
- Significant New Use Notifications (SNUNs)
