The United States Environmental Protection Agency (EPA) announced that its plans to delay its proposed Part 2 asbestos risk management rule to June 3, 2027, in order to seek further public input to “develop a durable Toxic Substances Control Act (TSCA) regulation for legacy uses and associated disposals of asbestos, non-chrysotile and chrysotile asbestos fiber types, and asbestos-containing talc.”
This development comes more than a year after the EPA finalized its Part 2 Risk Evaluation for legacy asbestos in December 2024, finding that the mineral – exposure to which is the only known cause of the deadly cancer mesothelioma – poses an “unreasonable risk to human health.”
The EPA had previously completed Part 1 of its risk evaluation in December 2020, leading to a ban on ongoing uses of chrysotile asbestos in March 2024. Although the TSCA requires the EPA to act on instituting new protections against legacy asbestos, this marks another delay in the creation of a wider asbestos ban in the United States.
Findings from Part 2 Risk Evaluation for Asbestos
The Part 2 Risk Evaluation for Asbestos came about after a judge ruled in 2019 that the EPA had unlawfully left out legacy asbestos from their previous Part 1 Risk Evaluation, forcing them to expand the scope of their investigation.
The findings from this probe were predictable, as the EPA found that legacy asbestos – asbestos-containing materials or loose fibers still existing in old buildings, homes, appliances and other locations – contributes to an “unreasonable risk” to human health.
The risk evaluation found that the highest risk of disease was faced by workers cutting, sanding or grinding asbestos-containing material, first responders responding to emergencies that may disturb legacy asbestos in buildings, and their family members who may be exposed to asbestos fibers, among others.
Under the TSCA, this means that the EPA was now required to begin the risk management process, and release a proposed rule to protect people from this harmful asbestos. This process is now being delayed further.
What This Means for the Asbestos Risk Evaluation
The EPA stated that this further delay is in order to gather more information “directly from workers, building owners, states, Tribes, industry, and communities,” in order to allow it to draft a stronger rule that will be better equipped to survive legal challenges.
Specifically, the EPA is requesting information on activities that disturb asbestos-containing materials, as well as use of legacy asbestos products, air-sampling methods and laboratory capabilities.
The EPA will accept responses in docket EPA-HQ-OPPT-2025-0036 until Aug. 24, 2026.
- EPA Seeks Additional Information to Protect Americans from Legacy Uses and Associated Disposals of Asbestos. Environmental Protection Agency. Retrieved from: https://www.epa.gov/chemicals-under-tsca/epa-seeks-additional-information-protect-americans-legacy-uses-and-associated. Accessed on 06/29/2026.
