EPA Announces Final SNUR for Asbestos Will “Close Loophole and Protect Consumers” – Update from Bergeson & Campbell, P.C.

EPA Announces Final SNUR for Asbestos Will “Close Loophole and Protect Consumers”

On April 17, 2019, the U.S. Environmental Protection Agency (EPA) released a final significant new use rule (SNUR) for asbestos using the definition in Title II, Section 202 of the Toxic Substances Control Act (TSCA), which defines asbestos as the “asbestiform varieties of six fiber types — chrysotile (serpentine), crocidolite (riebeckite), amosite (cummingtonite-grunerite), anthophyllite, tremolite or actinolite.”  EPA states that it is promulgating the SNUR “to ensure that any discontinued uses of asbestos cannot re-enter the marketplace without EPA review, closing a loophole in the regulatory regime for asbestos.”  The restricted significant new uses of asbestos (including as part of an article) are manufacturing (including importing) or processing for uses that are neither ongoing nor already prohibited under TSCA.  Persons subject to the SNUR may not undertake any of these activities; they are required to notify EPA at least 90 days before commencing any manufacturing (including importing) or processing of asbestos (including as part of an article) for a significant new use.  The required notification initiates EPA’s evaluation of the conditions of use associated with the intended use.  Manufacturing (including importing) and processing (including as part of an article) for the significant new use may not commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination.  The final SNUR will be effective 60 days after being published in the Federal Register.

Please see the full memorandum for more information on the final rule including restrictions on discontinued uses of asbestos, the risk evaluation of asbestos, and our commentary.

B&C® helps companies making and using chemicals commercialize their products, maintain compliance, and achieve competitive advantage as they market their products around the world. We provide powerful solutions for regulatory, political, and scientific challenges in any jurisdiction.
2200 Pennsylvania Ave., N.W.
Suite 100W
Washington, D.C. 20037
(202) 557-3800
(202) 557-3836 (fax)