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Asbestos is used in the manufacture and production of many products. Most are products used in the building industry ranging from cement shingles to soundproofing materials. It is also used in many household products including automobile brake pads, fire-resistant fabrics, and consumer garden products, to name just a few.
When asbestos fibers are released into the air, they cause a fatal asbestos-related lung diseases. One disease is asbestosis. Another is mesothelioma. The Cleveland clinic reports that approximately 3,000 people die every year from mesothelioma and 90 percent of those cases were caused by exposure to asbestos.
Working with asbestos containing products is the main cause of an asbestos-related lung disease. Even those who launder the clothes of workers exposed to asbestos are at risk for contracting lung cancer.
In an attempt to identify and inform the use of asbestos, the U.S. Environmental Protection Agency (EPA) recently issued a final rule, under the Toxic Substance Control Act (TSCA) which requires manufacturers, importers, and processors who used asbestosis between 2019 and 2022 to report the use to the EPA.
What is a Final Rule?
A final rule refers to the publication in the Rules and Regulations section of the Federal Register “of a document establishing a new regulation, amending an existing regulation, or removing a regulation.” The final rule “provides the public notice and is generally accompanied by a preamble that explains the basis for the rule, responds to comments received on the Notice of Proposed Rulemaking, and contains a variety of analyses required by statutes and executive orders.”
A final rule establishes an effective date for the new regulation. Generally, it is 30 days after publication in the Federal Register.
What is The Final Asbestos Rule?
Regulation Requirements and Who Is Affected by It
According to a press release published in the Federal Newswire, The final rule requires “asbestos manufacturers and processors to report information on use, exposure, and asbestos-containing products from the previous four years. The collected data will inform future actions related to asbestos, including risk evaluations and potential risk management activities.”
Who is Affected by the Final Rule?
Specifically, the press release notes that the final rule requires those who manufactured, imported, or processed asbestos containing products, including any asbestos containing article, and where asbestos was part of a mixture, to report that use to the EPA if that use occurred:
- Any time between 2019 and 2022.
- The manufacturer, importer, or processor had sales of $500,000 or more in one calendar year.
The rule requires reporting of exposure-related information including:
- Quantities of asbestos used.
- Types of asbestos use.
- Employee data concerning employee exposure.
In the press release, Michal Freedhoff, Assistant Administrator for the Office of Chemical Safety and Pollution Prevention, was quoted as saying, “We know that exposure to asbestos causes cancer and other serious health problems that still result in thousands of people dying every year, and today we’re continuing our work to protect people from this dangerous chemical. We’ve already proposed to ban chrysotile asbestos, and the data we’ll receive from this final rule will help us to better evaluate and address the health risks from the remaining uses and types of asbestos.”
The 25-page final rule outlines all the reporting requirements of the New Rule. Manufacturers, importers, and distributors of asbestos can check to see if their products are covered within the reporting requirements of the rule.
Effective Date of the Rule and Reporting Dates
The rule became effective on August 24, 2023. The reporting must be completed by electronic submission between February 24, 2024 and May 24, 2024. This gives those affected by the rule up to nine months after the effective date to collect and submit the required information to the EPA. The data is to be electronically transmitted to the EPA.
What is the History of the Rule on Asbestos and Why is the Final Rule Important?
TSCA section 8(a) authorizes the EPA to promulgate rules that require entities that manufacture or process chemical substances to keep certain records and submit them to the EPA when reasonably required. It also authorizes the EPA to give exemptions to small manufacturers, importers, and processors unless they are subject to the terms of a final rule.
Because asbestos is the subject of a final rule, certain forms of asbestos are not eligible for the small manufacturer, importer, or processor exemption.
In 2019, a court ruled that the agency’s limited review and exclusion of legacy uses and associated disposal was illegal. One of the court orders was for the EPA to “address the risks that asbestos poses to human health.” The final rule that went into effect on August 24, 2023, is the next step in addressing, documenting, and regulating the harmful substance.
Why is This Rule Important?
This is only one of a series of actions taken by the EPA’s Part 2 risk evaluation. According to the press release, later this year, the EPA will finalize a rule which will “ban ongoing uses of chrysotile asbestos, the only known form currently imported into the United States. This rule targets products like asbestos diaphragms, sheet gaskets, brake blocks, and other vehicle friction products, aiming to further protect public health from asbestos exposure.”
Contact The Ferraro Law Firm if You Are Concerned About Asbestos Exposure
If you or a loved one is experiencing health issues as a result of asbestos exposure, you may be entitled to compensation. At The Ferraro Law Firm, we focus on each client’s case and will use all our resources to ensure you have the most robust representation possible. To schedule your free consultation, call 888-554-2030 or just fill out our free case consultation form and a member of our team will soon be in touch.
Frequently Asked Questions
Frequently Asked Questions
01.
How do I know if I need a mesothelioma lawyer for my case?
If you’ve been diagnosed with mesothelioma or another asbestos-related disease—or suspect that you were exposed to asbestos in a work setting or through asbestos-containing products—speaking with a mesothelioma lawyer can help clarify your legal rights. At Ferraro Law, we assess the details of your situation, identify companies responsible, and explain the legal process so you can determine if pursuing a claim aligns with your needs.
02.
What can I expect from working with a mesothelioma law firm?
A reputable mesothelioma law firm like Ferraro Law offers more than legal advice—we provide empathy, transparency, and a strategic approach tailored to your circumstances. Our attorneys will gather evidence, consult with medical experts familiar with asbestos-related illnesses, and explore options such as asbestos trust funds. Throughout the legal process, we remain committed to open communication, ensuring you feel informed and supported.
03.
Will I need to go to court if I’m seeking compensation for asbestos exposure?
Not all asbestos cases require a trial. Many mesothelioma lawsuits lead to settlements that fairly address medical expenses, lost income, and other hardships. However, if a settlement isn’t possible, our experienced trial attorneys are prepared to represent you in trial. Ferraro Law’s priority is to help you pursue compensation that encompasses your full experience, whether it’s achieved through negotiation or litigation.
04.
How long does asbestos litigation usually take?
Every case is unique. Timelines depend on factors like the complexity of your mesothelioma diagnosis, how quickly we can identify liable parties, and the responsiveness of the defense. While some matters resolve in months, others may take longer. At Ferraro Law, we keep you informed at every turn, providing realistic expectations and ongoing guidance so you never feel lost in the legal process.
05.
How can a mesothelioma law firm help me handle the financial burdens of my illness?
From paying medical bills to lost wages, patients diagnosed with mesothelioma or other asbestos-related disease often face significant financial pressure. Our legal representation focuses on securing the resources you need, whether through mesothelioma settlements, compensation from asbestos trust funds, or, if necessary, court-awarded damages. By holding companies responsible for unsafe conditions and negligence, we strive to ease your financial burdens so you can focus on your health and treatment.
06.
How do I know if my asbestos exposure is connected to my mesothelioma diagnosis?
Establishing a link between asbestos exposure and a mesothelioma diagnosis often involves examining your work history, living conditions, and any direct contact with asbestos containing products. At Ferraro Law, our team will gather evidence, review employment records, and consult with medical experts to confirm exposure sources. This thorough investigation helps us demonstrate the role asbestos-related factors played in your illness, which is essential for building a solid legal claim.
07.
Is it too late to file a mesothelioma claim if I was diagnosed years ago?
Each state has its own statute of limitations affecting how long after an asbestos-related diagnosis you can file a claim. Even if years have passed, it may still be possible to pursue asbestos lawsuits or tap into available asbestos trust funds. Ferraro Law’s attorneys stay informed on these deadlines and will assess your case to determine the best path forward, ensuring you don’t miss an opportunity to seek compensation.
08.
What if I’m not sure which companies are responsible for my asbestos exposure?
Identifying companies responsible for your asbestos exposure can be complex, especially if decades have passed since you were first exposed to asbestos. We conduct in-depth investigations, consult industry records, and utilize established databases on known asbestos companies. By pinpointing all liable parties, we can build a case that reflects the full scope of their responsibility and work to achieve a favorable outcome.
09.
Can a mesothelioma law firm assist if my loved one passed away from asbestos-related illness?
Yes. If your family member died due to asbestos related disease, including conditions like mesothelioma cancer, you may have grounds for a wrongful death lawsuit. Ferraro Law’s empathetic attorneys understand the emotional toll this situation places on families. We’ll guide you through the legal process, help you understand your rights, and pursue compensation that acknowledges both the personal loss and financial burdens you’ve endured.
10.
How do mesothelioma settlements differ from other forms of compensation?
Mesothelioma settlements are agreements reached between your mesothelioma law firm and the liable parties’ representatives. Unlike a trial verdict, which involves a judge or jury, settlements are negotiated resolutions. They often provide a more predictable and timely way to cover your medical bills, living expenses, and other losses. At Ferraro Law, we negotiate from a position of strength, aiming for a settlement that genuinely reflects your needs. If a fair agreement cannot be reached, our seasoned trial attorneys are prepared to seek justice in court.
11.
Will hiring a mesothelioma lawyer add to my financial strain?
We understand the financial worries that come with asbestos exposure and a serious diagnosis. Ferraro Law operates on a contingency fee basis, meaning you owe nothing unless we achieve a successful outcome. This arrangement removes immediate cost barriers and allows you to focus on your well-being, knowing you have dedicated, risk-free legal representation on your side.
12.
Can Ferraro Law handle my case if I live outside of Florida?
Absolutely. We represent clients nationwide. Our extensive experience in complex litigation and specialized claims means that we can effectively advocate for your rights, no matter where you live.
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When individuals and families face the challenges of mesothelioma and asbestos exposure—coping with complex treatments, escalating costs, and emotional strain—they turn to Ferraro Law for clarity, guidance, and steadfast support. Through meticulous case preparation, empathetic counsel, and strategic representation, our attorneys build compelling cases that secure meaningful settlements to cover medical expenses, provide financial relief, and offer a path toward stability during difficult times.
Ferraro Law is wonderful and I am forever grateful to them. My attorney Daniel Di Matteo fought like a tiger for me against a multibillion dollar corporation and obtained a substantial settlement for me. This settlement is life changing for me. If you need an attorney call Ferraro Law and if you’re lucky Daniel will take your case.
Florence T.
Not too long ago I picked up the phone and called the Ferraro Law Firm not quite knowing what to expect. From the moment I reached out, the team made me feel heard and taken care of — not just like another case walking through the door.
Nikki Hurtado was my first primary contact. After speaking with her I knew that I had picked the right firm. She walked me through the process in plain understandable language. Even after numerous calls, she never made me feel like I was asking too many questions, and I always felt confident that my case was in expert hands.
My litigator was Daniel Di Matteo. If there was ever anyone that you would want by your side in a court of law, it would be him. He was everything that you would want in an attorney—calm, cool, always prepared, communicative and most importantly–experienced. He knew everything that was going to happen before it occurred but was prepared for any contingency. He is a fantastic attorney.
What really set them apart was their communication. I was kept informed at every stage — no chasing down updates, no wondering what was happening with my case. Calls and emails were returned promptly, and they proactively reached out whenever there was a development.
The professionalism of the entire team — from the attorneys to the support staff — was exceptional. Everyone I interacted with was kind, compassionate, and genuinely invested in my well-being, not just the outcome of my case.
And the outcome? Better than I could have hoped for. They fought hard on my behalf and secured a result that truly reflected the impact this injury had on my life.
You could ask for no better firm or attorney.
Keeth K.
Working with my attorney, Daniel J. Di Matteo was an exceptional experience from start to finish. His level of professionalism, attention to detail, and strategic thinking set him apart immediately. Every step of the process was handled with precision and clarity, and I always felt informed and confident in the decisions being made.
What truly stood out was his ability to navigate complex situations with confidence and deliver results that exceeded my expectations. He was not only highly knowledgeable but also genuinely committed to protecting my best interests.
If you’re looking for an attorney who is sharp, responsive, and truly operates at a high level, I highly recommend him without any hesitation.
Ivan M.
My name is Page. I am putting a five star review of my experience with Ferraro law group and my attorney Daniel J. Di Matteo. His professionalism and compassion and diligence for my case was outstanding. I am very happy that I put my trust in their very capable hands.
Page P.
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