The U.S. Environmental Protection Agency announced on June 23, 2026, that it is seeking information to develop a regulation targeting legacy uses and associated disposals of asbestos under the Toxic Substances Control Act.
The agency’s data collection effort covers non-chrysotile and chrysotile asbestos fiber types as well as asbestos-containing talc, materials collectively addressed in what EPA refers to as its Asbestos Part 2 evaluation.
EPA evaluated these materials in its 2024 risk evaluation, which found unreasonable risk from the unprotected handling and disturbance of legacy asbestos, triggering a statutory requirement for a second risk management rulemaking.
The agency has stated that “exposure risk arises whenever asbestos-containing materials are disturbed — during renovation, demolition, or repair — which is precisely where EPA is focusing its data collection.”
EPA argues that obtaining “real-world information directly from workers, building owners, states, Tribes, industry, and communities allows EPA to target protections where people are actually exposed and to build a rule that holds up when challenged.”
The agency is requesting information on activities that disturb asbestos-containing materials, including work carried out by self-employed individuals, and on the use of legacy construction materials and related air-sampling methods.
According to EPA, the data gathered “will strengthen the rule’s exposure and economic analyses — clarifying who is exposed, how often, under what conditions, and the costs and benefits of potential actions.”
Responses to the information request are due by August 24, 2026, with EPA stating it intends to propose the Asbestos Part 2 risk management rule by June 3, 2027.
That proposed deadline effectively asks for an additional year beyond a statutory deadline EPA had already missed by approximately 1.5 years, a delay that prompted legal action from the Asbestos Disease Awareness Organization.
The Asbestos Disease Awareness Organization has already signalled it will oppose the delay, though whether ongoing litigation will force a faster timeline remains unclear.
The history of asbestos regulation under TSCA is a long one, including a 1989 EPA rule that sought to ban and phase out almost all asbestos-containing products, before the Fifth Circuit Court of Appeals overturned that rule in 1991 in Corrosion Proof Fittings v. EPA.
That ruling chilled EPA regulatory action on existing chemicals for decades, and asbestos became a prominent example cited during the TSCA reform debate that ultimately led to landmark 2016 amendments to the legislation.
EPA issued a further rule in 2024 to prohibit nearly all ongoing uses of chrysotile asbestos, and a new lawsuit was filed in the Fifth Circuit challenging aspects of that rule, with a decision still pending.
Legacy asbestos is present in a wide variety of materials found in homes, schools, public and commercial buildings, and infrastructure across the country, making risk management approaches particularly complex to develop and implement.
Analysts at Bergeson and Campbell, P.C. suggest a future proposal is likely to include disturbance-triggered requirements, with work practices, exposure controls, and cleanup standards tied to activities such as renovation, demolition, and disposal, potentially modelled on existing lead renovation requirements.
Companies with asbestos-containing materials in their facilities, or those likely to disturb such materials, are encouraged to consider submitting information on disturbance frequency, technical feasibility of avoidance, and related costs.