Proposed EPA Ban of Asbestos: Prohibiting Manufacture, Import, and Processing of New and Aftermarket Use

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, June 28, 2022

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 3, 2022

or call 1-800-926-7926

This CLE webinar will examine the proposed U.S. Environmental Protection Agency (EPA) rule prohibiting ongoing use of chrysotile asbestos, the only known form of asbestos currently imported into the United States. The panel will discuss how the 2021 Draft Protocol is significantly different from the 2018 systemic review document and includes a description of the EPA's evidence integration process. The panel will review how stakeholders should review the EPA's proposed risk management rule on chrysotile asbestos, even for entities that do not manufacture, process, distribute, or use this substance.

Description

On Apr. 5, 2022, the EPA proposed a rule prohibiting ongoing use of chrysotile asbestos. EPA notes that the proposed rule will be "the first-ever risk management rule issued under the new process for evaluating and addressing the safety of existing chemicals under the Toxic Substances Control Act (TSCA) that was enacted in 2016." EPA also proposes prohibiting manufacture (including import), processing, distribution in commerce, and commercial use of chrysotile asbestos for all ongoing uses of chrysotile asbestos. The EPA proposal includes targeted disposal and recordkeeping requirements in line with industry standards, Occupational Safety and Health Administration requirements, and the Asbestos National Emission Standards for Hazardous Air Pollutants.

There are aspects of this proposed rule that warrant comment from affected parties. Most uses of asbestos have been discontinued in the U.S., but chlor-alkali producers have long fought to keep using the substance in diaphragms that separate chlorine and sodium hydroxide. EPA acknowledged that "the transition away from asbestos-containing diaphragms could result in greater usage and release of PFAS."

Listen as our expert panel discusses the issues for all stakeholders related to this proposed ban and how the EPA's proposed risk management rule on chrysotile asbestos may affect even entities that do not manufacture, process, distribute, or use the substance. The panel will discuss what this rule may tell counsel regarding EPA's future regulation of other chemical substances evaluated under TSCA Section 6.

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Outline

  1. EPA proposed rule banning chrysotile asbestos
    1. Risk management
    2. Aftermarket bans
    3. Scientific review
  2. Future EPA regulation

Benefits

The panel will address these and other important topics:

  • In addition to the ban on chrysotile asbestos, what does the EPA proposed rule do?
  • What does the proposed rule tell us about future EPA regulation of chemicals?

Faculty

Waskom, Thomas
Thomas R. Waskom

Partner
Hunton Andrews Kurth

Mr. Waskom’s practice focuses on class action, mass tort and environmental litigation. He handles complex civil...  |  Read More

Additional faculty
to be announced.
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Early Discount (through 06/03/22)

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Early Discount (through 06/03/22)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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