On October 16, 2023, the U.S. Environmental Protection Agency (EPA) announced the availability of reporting instructions for entities required to report on their use of asbestos under the Toxic Substances Control Act (TSCA). EPA’s July 25, 2023, final rule requires manufacturers (including importers) or processors of asbestos between 2019 and 2022 with annual sales above $500,000 (combined with their parent company) in any of those years to report exposure-related information, including quantities of asbestos manufactured or processed, types of use, and employee data. EPA states that “[i]mportantly, the rule also covers asbestos-containing products (including products that contain asbestos as an impurity, such as asbestos-containing talc) and asbestos that is present as a component of a mixture.” Manufacturers (including importers) and processors subject to the rule must submit all required information to EPA during the three-month data submission period beginning February 24, 2024, and ending May 24, 2024.

Reporters must use the asbestos Section 8(a)(1) reporting tool on EPA’s Central Data Exchange (CDX) to submit information. EPA notes that it “will not accept paper submissions or electronic media.” EPA has released instructions to help potential reporters determine if they need to report and how to use the CDX-based tool to submit their data. EPA states that although the submission period does not begin until February 2024, “EPA encourages entities that are required to report or who believe they may be required to report to read the instructions as soon as possible and register with CDX if necessary.”

More information on the final reporting rule is available in our July 12, 2023, memorandum.