The Environmental Protection Agency (EPA) has announced a public comment period for the "Draft Risk Evaluation for Asbestos Part 2: Supplemental Evaluation Including Legacy Uses and Associated Disposals of Asbestos." This document, published on 16April 2024, in the Federal Register, details the agency’s findings and preliminary conclusions regarding the risks posed by legacy uses of asbestos and its disposal.
The EPA is inviting comments until 6May 2024, and will host a webinar on 13 May 2024, to discuss the draft evaluation. The webinar aims to engage stakeholders and provide a platform for informative discussion on the findings. To participate, interested parties must register by April 25, 2024.
Key Details of the Draft Evaluation
The draft evaluation considers multiple forms of asbestos, including chrysotile asbestos, additional fiber types, asbestos-containing talc, and Libby asbestos. According to the EPA’s preliminary determination, based on the best available science, these asbestos types pose an unreasonable risk to human health under current conditions of use.
This part of the evaluation focuses on "legacy uses" — applications where the asbestos is no longer produced but still exists in buildings and products — and "associated disposals," primarily concerning the disposal of materials containing asbestos.
Historical Context and Regulatory Actions
This evaluation follows a court ruling that criticized the EPA's previous risk evaluation procedures for excluding legacy uses and disposals from its assessments. As a result, the agency revised its approach, leading to this comprehensive two-part evaluation.
The initial part of the evaluation, released in January 2021, addressed risks associated with the current manufacture, import, and use of chrysotile asbestos. Subsequent regulatory actions have been taken to mitigate these risks, with a final rule issued in March 2024.
EPA's Call for Public Engagement
The EPA is keen on receiving input on the draft evaluation, particularly concerning the assessment methodologies and conclusions drawn. They are also interested in comments regarding potential exposure scenarios and non-cancer risk endpoints.
Chloe Durand and Peter Gimlin, key contacts at the EPA, are available for further information regarding the webinar and technical aspects of the evaluation, respectively.
Importance of Public Participation
The EPA stresses the importance of public participation in shaping the final risk evaluations and subsequent regulatory actions. All comments submitted should be as detailed as possible and include any relevant data to support assertions, especially if it is not publicly available.
By providing a platform for stakeholder engagement and public comment, the EPA aims to ensure that its final determinations on asbestos risks are well-informed and reflect a broad range of perspectives.
