Potential SBAR Panel: Asbestos Part 2 Risk Management Rulemaking Under the Toxic Substances Control Act
What is the Implication of the Proposed Rulemaking on Small Entities?
EPA completed the Asbestos Part 1 risk evaluation on December 20, 2020 and published a Final Rule on March 28, 2024[1]. 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. After issuing the final risk evaluation for Asbestos Part 2 under Section 6 of the Toxic Substances Control Act (TSCA), EPA is taking the next step in the process by moving to risk management. The process requires EPA to develop regulations to protect public health from the unreasonable risks identified in the final risk evaluation.
Entities potentially regulated by this rulemaking include those relevant to the conditions of use that EPA determined significantly contribute to the unreasonable risk. Examples of articles that are part of the conditions of use include industrial and commercial legacy uses and associated disposals of all forms of asbestos such as floor and ceiling tiles, pipe wraps, insulation, heat protective textiles containing chrysotile and other fiber types, and legacy consumer uses of asbestos as stove gaskets and rings, flooring felt, and vinyl floor tiles. A full list of conditions of use subject to this rulemaking is included in the Nontechnical Summary for the TSCA Risk Evaluation for Asbestos (Part 2).
Additional information about Asbestos (Part 2) risk management rulemaking under TSCA is available on the EPA’s web site: https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/risk-evaluation-asbestos-part-2-supplemental-evaluation.
What is a Small Business Advocacy Review Panel?
The EPA expects to conduct a Small Business Advocacy Review (SBAR) Panel for the development of a proposed rulemaking to address unreasonable risks identified in EPA’s December 2024 TSCA final risk evaluation for Asbestos Part 2.
The Regulatory Flexibility Act as amended by the Small Business Regulatory Enforcement Fairness Act (RFA/SBREFA) requires the EPA to convene an SBAR Panel for a proposed rule unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The Panel process offers an opportunity for potentially directly regulated small businesses, small governments, and small not-for-profit organizations (collectively referred to as small entities) to provide advice and recommendations to ensure that EPA carefully considers small entity concerns regarding the impact of the potential rule on their companies, governments, or organizations. The Panel itself is comprised of federal employees from the EPA, the Office of Management and Budget’s (OMB’s) Office of Information and Regulatory Affairs (OIRA), and the Office of Advocacy in the Small Business Administration (SBA). Small Entity Representatives (SERs) provide advice and recommendations to the Panel. SERs are owners or operators of small businesses, small organization officials, or small government officials of potentially regulated small entities. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, also may serve as SERs. These other representatives are evaluated on a case-by-case basis.
Information about what constitutes a "small business" is available at the SBA’s web page on size standards. A "small government" is defined as a jurisdiction serving a population of 50,000 residents or fewer. A “small organization” is defined as any “not-for-profit enterprise which is independently owned and operated and is not dominant in its field.” To learn more, review EPA’s Small Entities and Rulemaking – Frequent Questions web page.
How Can I Get Involved?
The majority of COUs in the Asbestos Part 2 risk evaluation that EPA determined contribute to the unreasonable risk posed by asbestos relate to handling or disturbing articles into which asbestos was incorporated in the past, but for which the manufacture (including import), processing, and distribution of these articles no longer occurs. If you are a small industrial or commercial user that disturbs asbestos or asbestos-containing materials that are part of the conditions of use within the scope of this rulemaking or otherwise dispose of asbestos or asbestos-containing materials within the scope of this rulemaking, and may be directly subject to this rule, you are eligible to serve as a SER. As mentioned above, other representatives that exclusively or at least primarily represent potentially regulated small entities may also serve as SERs. The role of a SER is to provide advice and recommendations to ensure that the Panel carefully considers small entity concerns regarding the impact of the potential rule on their organizations.
You may nominate yourself to serve as a SER by following the directions in the next section. Depending on the volume of responses, the EPA may not be able to invite all eligible candidates to participate as SERs. Generally, SERs will be asked to review background information, listen to informational briefings, and provide oral and written advice and recommendations to the Panel. At least one virtual or in-person meeting is typically held with the SERs in Washington, DC with a toll-free conference line provided.
SERs must:
- Qualify as “small” under SBA’s definition AND expect to be directly subject to requirements of the proposed rule; or
- Exclusively represent or at least primarily represent potentially regulated small entities (e.g., a trade association that exclusively or primarily represents small entities). Nominees such as these will be evaluated on a case-by-case basis.
Who Should I Contact?
Individuals who are interested in potentially serving as a SER should send an email message to RFA-SBREFA@epa.gov by no later than September 7, 2025. In the message, please provide:
- Your name
- Name of your company, governmental jurisdiction, or not-for-profit organization
- Size of your company, governmental jurisdiction, or not-for-profit organization
- If you are representing a business, you may confirm that your business meets the definition of “small” by consulting SBA’s web page on size standards. Please provide the primary North American Industry Classification System (NAICS) code for your firm and either average annual receipts or average annual employment for your firm corresponding to the definition of small for your primary NAICS code. Note that a ‘firm’ includes parent company and all subsidiaries.
- A small governmental jurisdiction means governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than 50,000.
- A small organization means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.
- If you are with a group such as a trade association that represents small entities, please provide a list of your members, the size of your members (if possible), and a qualitative statement describing how your group can truly represent only the unique interests of your members that qualify as small entities.
- Address
- Contact information (including phone number and email address)
- USE THIS AS THE SUBJECT LINE OF YOUR EMAIL: SER Self-Nomination for Risk Management Rulemaking for Asbestos Part 2 under TSCA Section 6(a)
Please remember: Depending on the volume of responses, EPA may not be able to invite all qualified candidates to participate as SERs.
[1] The Asbestos Part 1 Risk Management Rule is being litigated in the Fifth Circuit Court of Appeals under Texas Chemistry Council, et al. v. EPA, No. 24-60193 (5th Cir.)