The American Public Health Association and several other organizations and individuals (collectively “APHA”) sent a January 26th document to the United States Environmental Protection Agency (“EPA”) titled:
Notice of Intent to File Suit to Compel EPA to Perform Non-Discretionary Act under Section 6(b) of TSCA (“NOI”)
The NOI states APHA’s intent to sue under Section 20(a)(2) of the Toxic Substances Control Act (“TSCA”) to compel EPA to perform what it describes as:
. . . its non-discretionary duty to address the use and disposal of “legacy” asbestos in its risk evaluation for asbestos under TSCA section 6(b).
EPA is stated to have issued a final risk evaluation (“FRE”) for asbestos on December 30, 2020. See 86 Fed. Reg. 89. The FRE is stated to have been described by EPA as a “Part 1” evaluation.