In July 2023, the U.S. Environmental Protection Agency (EPA) issued a new rule under Section 8(a) of the Toxic Substances Act (TSCA) regarding asbestos reporting and recordkeeping requirements.
Under the rule, companies have nine months to report the manufacture, importation or processing of asbestos and asbestos-containing products within the previous four years, even if they are present as a contaminant or unintentionally with another substance.
Generally, small businesses are exempt from the reporting and recordkeeping requirements. However, under TSCA Section 8(a), EPA may require reports from small entities in certain circumstances, such as when the substance is the subject of a proposed or final rule under TSCA Section 6. This is the case with asbestos (see 40 CFR Part 763 Subpart I).
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