EPA Finalizes Part 2 TSCA Risk Evaluation for Asbestos

EPA evaluated legacy uses and associated disposals of asbestos including chrysotile asbestos and five additional asbestos fiber types...

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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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EPA Issues Enforcement Alert for Lead Renovation, Repair, and Paint Regulations

This enforcement alert contains information on the wide range of enforcement tools the EPA can use to deter and penalize violators...

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EPA Issues Enforcement Alert for Lead Renovation, Repair, and Paint Regulations

In October 2024, the U.S. Environmental Protection Agency (EPA) issued an enforcement alert for the lead Renovation, Repair, and Painting (RRP) Rule.

There is no safe level of lead exposure, particularly for children. In children, lead can severely harm mental and physical development, slow down learning, and irreversibly damage the brain. In adults, lead can cause increased blood pressure, heart disease, decreased kidney function, and may cause cancer. If someone is impacted by lead exposure, there is no known antidote, according to the Centers for Disease Control and Prevention.

Although the federal government banned lead-based paint for residential use in 1978, it is estimated that 31 million pre-1978 houses still contain lead-based paint, and 3.8 million of them have one or more children under the age of six living there. Any renovation, repair, or painting project in a pre-1978 home or building can easily create dangerous lead dust. Lead-contaminated dust is one of the most common causes of elevated blood lead levels in children, and even low levels of exposure can be harmful. The RRP Rule requires that projects that disturb lead-based paint in homes, child care facilities and preschools built before 1978 be performed by lead-safe certified contractors.

This enforcement alert contains information on the wide range of enforcement tools the EPA can use to deter and penalize violators, including violations by franchises, general and sub-contractors, and people who provide residential improvements. It also explains how renovating, repairing, and painting can expose vulnerable infants and children to dangerous lead-based paint hazards and how EPA acts to ensure environmental justice and enforce the RRP Rule requirements. EPA's enforcement alert includes information about how contractors, who play a critical role in preventing lead exposure, can ensure they are properly trained and certified.

If you suspect a problem, call the Lead Hotline at 800-424-LEAD (5323) or contact the EPA using our Report a Violation online form.

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EPA Proposes Tighter Limits on Harmful NOx Emissions from New Stationary Combustion Turbines to Better Protect Nearby Communities

This proposal ensures that new turbines at power plants or industrial facilities will minimize emissions of harmful, smog-forming nitrogen o

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EPA Proposes Tighter Limits on Harmful NOx Emissions from New Stationary Combustion Turbines to Better Protect Nearby Communities

The U.S. Environmental Protection Agency proposed to strengthen limits on emissions of nitrogen oxides (NOx) from most new, modified, and reconstructed fossil fuel-fired stationary combustion turbines, reducing exposure to dangerous air pollution for nearby communities. The proposal would ensure that new turbines built at power plants or industrial facilities — especially large ones that could operate for decades — would be among the most efficient and lowest-emitting turbines ever built. The proposal provides regulatory certainty for the power sector, while supporting the continued delivery of reliable and affordable electricity.  

"This proposal ensures that new turbines at power plants or industrial facilities will minimize emissions of harmful, smog-forming nitrogen oxides," said EPA Assistant Administrator for Air and Radiation Joseph Goffman. "These stronger standards are necessary to better protect nearby communities' health, and the power sector has already shown that the additional pollution controls can affordably and reliably do the job."

NOx contributes to harmful health effects, such as asthma and respiratory infections, and reacts with other volatile organic compounds to form ozone (i.e., smog) and fine particulate matter. Children, the elderly, and people with chronic heart, lung, or other cardiopulmonary diseases are most at risk.

The proposed New Source Performance Standards (NSPS) are based on the application of combustion controls and selective catalytic reduction (SCR), a cost-reasonable and widely used add-on control technology that limits emissions of NOx. In addition, EPA is proposing to maintain the current limits for sulfur dioxide, which is well-controlled in this sector based on the long-term required use of low-sulfur natural gas and distillate fuels. The proposed stronger standards for NOx would apply to facilities that begin construction, reconstruction, or modification after the date of publication of the proposed standards in the Federal Register.

EPA estimates this proposed rule would reduce NOx emissions by 198 tons in 2027 and 2,659 tons in 2032. The present value of net benefits to society is estimated at up to $340 million, with an equivalent value of up to $46.4 million per year.

To strengthen the NOx performance standards for new stationary combustion turbines, EPA is proposing:

To determine that combustion controls with the addition of post-combustion SCR is the best system of emission reduction (BSER) for most combustion turbines.
To lower the NOx standards of performance for affected sources based on the application of the BSER.
To establish more protective NOx standards for affected new sources that plan to fire or co-fire hydrogen, ensuring that these units have the same level of control for NOx emissions as sources firing natural gas or non-natural gas fuels.

EPA carefully considered the potential implications of this proposed NSPS on communities with environmental justice concerns. EPA anticipates the proposed changes to the NSPS will generally reduce the potential emission impacts for these communities, in particular from NOx emissions, due to limits based on the application of state-of-the-art control technology.

EPA is proposing size-based subcategories that reflect consideration of the performance of different combustion turbine designs and current NOx control technologies. The proposed NSPS would establish size-based categories based on base load heat input. The proposed size-based categories include:

Large combustion turbines — facilities with a base load heat input rating of > 850 MMBtu/h (> ~ 85 MW).
Medium combustion turbines — facilities with a base load heat input rating of > 250 and ≤ 850 MMBtu/h (> ~ 25 MW and ≤ ~ 85 MW).
Small combustion turbines — facilities with a base load heat input rating of ≤ 250 MMBtu/h (≤ ~ 25 MW).

EPA is proposing to further subcategorize affected sources based on whether they operate at high, intermediate, or low loads and whether they burn natural gas or non-natural gas fuels. When classifying low, intermediate, or base load units, EPA will consider the 12-calendar-month capacity factor of these combustion turbines.

High load — capacity factor greater than 40% (i.e., base load).
Intermediate load — capacity factor greater than 20% and less than or equal to 40%.
Low load — capacity factor of less than or equal to 20%.

For non-EGU stationary combustion turbines, the capacity factor would be determined based on the prior 12 calendar months of data on a rolling basis updated each month.

EPA also recognizes that at smaller sizes and at lower or more variable operating levels the cost-reasonableness on a per-ton basis and efficacy of SCR technology becomes less favorable. Thus, EPA proposes to establish standards for certain combustion turbines based on the use of combustion controls without SCR. This includes small combustion turbines that operate at low and intermediate loads; medium combustion turbines that operate at low loads; and large combustion turbines that operate at low loads.

EPA will accept comments for 90 days after the proposal is published in the Federal Register. Comments, identified by Docket ID No. EPA-HQ-OAR-2024-0419, may be submitted via www.regulations.gov. For more information, visit Stationary Gas and Combustion Turbines: New Source Performance Standards (NSPS).

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EPA Announces New Draft Framework to Advance Consideration of Cumulative Impacts on Communities

EPA is seeking public comment and Tribal input on the Framework to ensure meaningful engagement

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New Draft Framework to Advance Consideration of Cumulative Impacts on Communities

EPA is seeking public comment and Tribal input on the Framework to ensure meaningful engagement

Today, November 21, the U.S. Environmental Protection Agency released a draft of the Interim Framework for Advancing Consideration of Cumulative Impacts, providing agency programs and regional offices with tools and principles to consider cumulative impacts in their work. This work is based on the best available science on how pollution and other burdens interact to affect individuals' and communities' health and well-being. Cumulative impacts are defined scientifically by the totality of exposures to chemical and non-chemical stressors and their effects on health and quality of life outcomes. This may include several factors such as culture, subsistence practices, socioeconomics, and other social determinants of health.

The draft is now available for public comment to ensure meaningful engagement, including Tribal consultation, to help EPA develop and implement approaches to incorporate cumulative impacts in delivering public health and environmental protections for communities and Tribes. EPA is advancing the Biden-Harris Administration's commitment to environmental justice, including through the Justice40 Initiative, and historic investments in communities overburdened by pollution and marginalized by under investment. The Framework is the latest step in a larger effort to integrate cumulative impacts research and work across the agency, and to advance its goals of meaningful engagement and Tribal consultation.

"Solving environmental inequities starts with acknowledging that not all communities face the same barriers and challenges. The Biden-Harris Administration and our office have made it a priority to ensure that the needs of the most overburdened and underserved communities in our nation are not overlooked," said Theresa Segovia, Principal Deputy Assistant Administrator for EPA's Office of Environmental Justice and External Civil Rights. "This framework is the result of years of hard work and dedication from our staff and sets a clear path for our agency to engage meaningfully with local communities and seek input from Tribes on cumulative impacts as we continue working to understand and address the cumulative impacts communities can face."

"Over the past two years, the National Environmental Justice Advisory Council has engaged with EPA on the important issue of cumulative impacts because the issue is so central to addressing the environmental plight of overburdened communities," said Jerome Shabazz, Overbrook Environmental Education Center. "I am excited that EPA is releasing this framework and eager to work with EPA to advance the concepts within it."

"In communities like those I serve in Houston, people face shorter life expectancy and higher rates of diseases because of pollution and environmental inequalities. We owe it to them to take meaningful action to ensure everyone has access to clean air and water," said Harris County, TX Attorney Christian Menefee. "I support the EPA's new framework, as we lay a foundation to tackle cumulative impacts. I'm excited to keep working with the EPA to make a real difference and improve the health and quality of life for all."

The Interim Framework for Advancing Consideration of Cumulative Impacts describes principles for EPA to consider cumulative impacts in EPA decisions. These principles include:

Centering cumulative impacts work on improving human health, quality of life, and the environment in all communities.
Ensuring the disproportionate and adverse burden of cumulative impacts are not ignored or overlooked.
Applying a fit-for-purpose approach grounded in science to assessing and addressing cumulative impacts.
Engaging communities, consulting with Tribes, and considering and incorporating their lived experience.
Using the best available data, science, and information to make decisions and take action.
Operationalizing and integrating ways to highlight, consider and address cumulative impacts.

By evaluating and taking cumulative impacts into account, EPA can undertake actions and make decisions that help achieve the following goals:

Communities are safe, healthy, and thriving.
All people are protected from adverse environmental health effects and hazards, including cumulative impacts of environmental and other burdens.
No community bears a disproportionate share of adverse environmental and public health impacts.

The Interim Framework for Advancing Consideration of Cumulative Impacts provides examples of EPA actions that incorporate some of the principles listed above and are protective of children who are especially vulnerable. These include water permitting processes that consider Tribal cultural and subsistence use of resources, more robust analysis for the recent air pollution rule on synthetic organic chemicals, which will protect the health of communities near facilities from cancer and other harm, and EPA's updated residential soil lead guidance.

EPA has released a number of key tools to support this work, including Cumulative Impacts Research (pdf), a report issued by the Office of Research and Development with recommendations to enhance cumulative impacts research. Additionally, EPA programs and regions provide technical assistance and funding for cumulative impacts assessments to address long-standing environmental issues in rural and urban locations, including examples resulting in eight place-based demonstration efforts across the country. Learn more about cumulative impacts at EPA.

The release of the Interim Framework for Advancing Consideration of Cumulative Impacts furthers the agency's efforts to take a comprehensive scientific view of cumulative impacts as outlined in the agency's FY2022-FY2026 Strategic Plan. In addition, it advances the goals of Executive Order 14096, Revitalizing Our Nation's Commitment to Environmental Justice for All, to ensure that all communities will be able to have access to clean air, clean water, and a healthy environment.

EPA welcomes public feedback on the draft Framework by February 19, 2025, through the Federal Register notice, and the link that will be available at Docket ID No. EPA-HQ-OLEM-2024-0360 on Regulations.gov.

Read the Interim Framework for Advancing Consideration of Cumulative Impacts.

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