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TSCA Part 2

(T-S-C-A Part Two)

TSCA Part 2 refers to the second phase of the U.S. Environmental Protection Agency's risk evaluation of asbestos under the Toxic Substances Control Act, as amended by the 2016 Lautenberg Act. While Part 1 addressed only chrysotile asbestos in six ongoing uses, Part 2 examines the other five asbestos fiber types, legacy uses, associated disposals, and asbestos contained in talc and other consumer products. It is the broader and more historically significant evaluation because it confronts the asbestos still embedded in buildings, products, and contaminated materials throughout the country.

Origin

TSCA was enacted in 1976, but EPA's authority to evaluate existing chemicals was strengthened by the 2016 Lautenberg amendments. EPA split the asbestos risk evaluation into two parts after a 2019 court ruling (Safer Chemicals, Healthy Families v. EPA) forced the agency to include legacy uses and associated disposals, which the agency had initially excluded. The Part 2 draft risk evaluation was released in 2024.

Significance in Asbestos Context

For patients, Part 2 is the federal acknowledgment that legacy asbestos (the insulation, floor tile, joint compound, gaskets, brake linings, and talc-containing products installed or sold decades ago) still poses ongoing risk and is the source of most current mesothelioma and asbestos-related disease. This matters to claims because Part 2 contains EPA's own findings about which uses cause unreasonable risk, which fiber types are most hazardous, and how exposures continue to occur during renovation, demolition, repair, and product use. Defendants have long argued that historical asbestos uses are too remote or speculative to attribute to disease today; Part 2 directly undermines that argument by documenting continuing exposure pathways. The evaluation also addresses talc contamination, which is central to cosmetic talc and industrial talc mesothelioma cases.

Example Sentence

Her attorney cited EPA's TSCA Part 2 findings to demonstrate that exposure to legacy amosite pipe insulation during 1980s building maintenance was a recognized and ongoing source of mesothelioma risk.

TSCA Part 1, Lautenberg Act, Legacy Asbestos, EPA, Chrysotile, Amphibole Asbestos

Notes

  • If your exposure involved building maintenance, renovation, demolition, shipyard work, or talc-containing products, ask your legal team whether TSCA Part 2 findings support your exposure narrative.
  • Preserve any documentation of products encountered (brand names, building locations, employment dates, photographs), because Part 2 catalogs specific legacy uses that can be tied back to manufacturers.
  • The Part 2 evaluation distinguishes among the five non-chrysotile fiber types; if pathology or fiber-burden analysis identifies a specific amphibole, that finding can be matched to documented Part 2 uses.
  • Check whether your exposure involved talc products (cosmetic powders, industrial talc, ceramics), as Part 2 addresses asbestos contamination in talc, a key issue in many recent cases.
  • The final Part 2 risk determination and any subsequent EPA regulatory actions are evolving; ask your attorney to monitor the docket for findings relevant to your specific exposure.

Category: Government Regulations & Policies · All Lexicon terms A–Z

This page is provided for general informational purposes and does not constitute legal advice. Every asbestos case turns on its own facts, exposure history, diagnosis, deadlines, available evidence, and applicable law. Reviewing this page does not create an attorney-client relationship. For advice about your specific situation, call 833-4-ASBESTOS for a free case review.