WASHINGTON, D.C. — The U.S. Environmental Protection Agency (EPA) announced Wednesday that it is seeking additional public and industry input before finalizing critical protections against “legacy” asbestos.
To accommodate this data collection effort, the agency is adjusting its regulatory timeline, pushing the deadline to propose its highly anticipated “Asbestos Part 2” risk management rule to June 3, 2027.
Federal officials stated the extension is necessary to build a legally durable and scientifically sound regulation capable of withstanding potential court challenges. The primary focus is protecting Americans from the severe health risks of asbestos exposure, including lung cancer, asbestosis, and mesothelioma.
What is ‘Asbestos Part 2’
The upcoming regulation targets “legacy uses” and associated disposals of asbestos. While the EPA finalized a ban on chrysotile asbestos (the only form still actively imported and processed in the U.S.) in March 2024 under Part 1, Part 2 tackles a much broader, historical threat.
“Legacy” refers to the massive quantities of asbestos-containing materials that remain embedded inside older American homes, commercial buildings, and infrastructure built during the mid-to-late 20th century. These materials include:
- Insulation and pipe wraps
- Floor and ceiling tiles
- Construction materials, adhesives, and plasters
- Non-chrysotile asbestos fiber types (such as amosite, crocidolite, anthophyllite, tremolite, and actinolite)
- Asbestos-containing talc
While these products are no longer actively manufactured, they present a severe health risk today whenever they are disturbed.
Why the EPA is Delaying the Rule
Under Section 6 of the Toxic Substances Control Act (TSCA), the EPA is permitted to adjust its rulemaking deadlines if it determines that supplementary information is vital to constructing an effective regulation.
Following its December 2024 Risk Evaluation, which officially concluded that legacy asbestos poses an “unreasonable risk” to human health, the EPA realized it lacked granular data on how people interact with these materials in the real world.
The agency is using the extended timeline to gather specific information on:
- Disturbance Activities: Data on how workers, building owners, and self-employed contractors handle asbestos during building renovations, repairs, and demolitions.
- Air-Sampling & Lab Capabilities: Real-world testing protocols and current laboratory capacities to handle asbestos testing.
- Economic Impact: Clarifying the exact costs and benefits of potential regulatory actions on businesses, states, and Native American Tribes.
Officials note that gathering information directly from the communities, industries, and workers most affected will ensure the eventual 2027 rules target exposures precisely where they happen.
Public Comment Period Now Open
The EPA has officially opened a public docket to receive data, economic analyses, and feedback from construction professionals, scientists, public health advocates, and the general public.
The Agency will accept comment and data submission responses in docket EPA-HQ-OPPT-2025-0036 on the federal eRulemaking portal. The response window will remain open until August 24, 2026.
