Number of employees. a This action does not have federalism implications, as specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 2 (iii) Reporting information for mining, milling, or importing of bulk materials containing asbestos. W1 through W8). January 31, 2019. Form A. ), and (vi)(B)( documents in the last year. documents in the last year, 39 Asbestos Reporting Requirements Rule https://www.epa.gov/sites/default/files/2017-06/documents/asbestos_scope_06-22-17.pdf. (B) Has your business taken precautions to protect the confidentiality of the disclosed information? 13), EPA will sign for publication in the the Federal Register. Used on-site, including further processed. Asbestos That Is a Component of a Mixture, 1. offers a preview of documents scheduled to appear in the next day's 1982 Asbestos Reporting Requirements Rule. 4. Until the ACFR grants it official status, the XML This includes . For primary processing reported under activity identified in paragraph (e)(4)(i)(D) of this section, report by year: (A) For Form B only, the total quantity of asbestos processed. e.g., secondary processors i.e., A person who manufactures (including imports), processes, or proposes to manufacture (including import), or process asbestos, as described in paragraph (c), only in small quantities solely for research and development is exempt from the reporting requirements of this subpart. 6. If you claimed multiple types of information to be confidential ( If yes, identify the type(s) of personal protective equipment used. https://www.epa.gov/sites/default/files/documents/articlesfactsheetforcdr_reporting_080312.pdf. (iv) 2607(a), which generally authorizes EPA to promulgate rules that require each person, other than small manufacturers (including importers) or processors, who manufactures (including import) or processes, or proposes to manufacture (including import) or process, the chemical substance identified in the rule, to maintain such records and submit such reports as the EPA Administrator may reasonably require. The information gathered as a result of the 1982 data collection rule was used in the drafting of the 1989 rule entitled Asbestos: Manufacture, Importation, Processing, and Distribution in Commerce Prohibitions (54 FR 29460, July 12, 1989) (FRL-3476-2). 3. The Attorneys General of Massachusetts, California, Connecticut, Hawaii, Maine, Maryland, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and the District of Columbia to Andrew Wheeler, Administrator, U.S. Environmental Protection Agency. health and safety study 2. on February 12, 2019 (84 FR 3396) (FRL-9988-56) and May 8, 2019 (84 FR 20062) (FRL-9992-67), respectively, asserting that the petitioners failed to demonstrate that it is necessary to amend the CDR rule. ? The legislation states that Any such assessment must be reviewed by the responsible person regularly so as to keep it up to date Presumably the frequency of the risk assessment may depend upon the building concerned. 1 e.g., describes how to choose which form to use for reporting. EPA website. Asbestos is a hazard to human health (Ref. https://www.osha.gov/chemicaldata/276. The TSCA Risk Evaluation for Asbestos Part 1: Chrysotile Asbestos was released in December 2020, allowing the Agency to expeditiously move into risk management for the unreasonable risk identified in Part 1. New Documents Start Printed Page 27081 If yes, please provide the associated patent number or patent application number (or numbers) and explain why the information should be treated as confidential. U.S. Environmental Protection Agency, Washington, DC, EPA/635/R-11/002F, 2014. Unless otherwise stated in specific TSCA regulations (such as those proposed here), EPA intends the proposed provisions to govern how CBI claims made for information submitted under TSCA, including information submitted under this part, will be asserted, reviewed, and maintained. 1503 & 1507. 6), which determined that chrysotile asbestos presents an unreasonable risk of injury to health based upon the following conditions of use: Processing and industrial use of chrysotile asbestos diaphragms in the chlor-alkali industry; processing and industrial use of chrysotile asbestos-containing sheet gaskets in chemical production; industrial use and disposal of chrysotile asbestos-containing brake blocks in the oil industry; commercial use and disposal of aftermarket automotive chrysotile asbestos-containing brakes/linings; commercial use and disposal of other chrysotile asbestos-containing vehicle friction products; commercial use and disposal of other asbestos-containing gaskets; consumer use and disposal of aftermarket automotive chrysotile asbestos-containing brakes/linings; and consumer use and disposal of other asbestos-containing gaskets. EPA website. The EPA believes that this action is not subject to Executive Order 12898 (59 FR 7629, February 16, 1994) because this action does not establish an environmental health or safety standard. 1332-21-4. means any processor whose total annual sales, when combined with those of its parent company (if any), are less than $12 million. (1) Asbestos is a mineral fiber that occurs in rock and soil. In particular, data on asbestos as an impurity could better inform the Part 2 asbestos risk evaluation where EPA will determine and then evaluate the relevant conditions of use of asbestos in talc. For each product type, report: (1) However, most of the ban was overturned in 1991 by the Fifth Circuit Court of Appeals. Select from among the asbestos types listed in Table 1 in paragraph (a) of this section. EPA's TSCA risk evaluation and risk management activities. A certification statement signed and dated by an authorized official of the submitter company. The provisions in this proposed rule would require asbestos domestic manufacturers to provide the quantity manufactured per asbestos type, use, and employee exposure information to EPA. documents in the last year, by the Energy Department 1991). Asbestos has also been used in a wide range of manufactured goods, mostly in building materials (roofing shingles, ceiling and floor tiles, paper products, and asbestos cement products), friction products (automobile clutch, brake, and transmission parts), heat-resistant fabrics, packaging, gaskets, and coatings (Ref. For mining, milling, or importing of bulk asbestos reported under activity in paragraph (e)(4)(i)(A) through (C), report by year: (A) The most specific asbestos type that applies. 2. Chemical and bulk material identities (as identified in proposed, Responses that are blank or not known or reasonably ascertainable (as identified in proposed, Health and safety study data (as identified in proposed. Bulk materials containing asbestos. 2607 (f) Asbestos School Hazard Abatement Reauthorization Act (ASHARA) This law extended funding for the asbestos abatement loan and grant program for . It is also not appropriate because EPA is not basing reporting requirements on volumes for this rule. About the Federal Register CISS guides users through a hands-on process of creating an electronic submission. (B) For Form B only, for each bulk material type: (1) iv In this rulemaking, EPA is proposing in proposed 40 CFR 704.180(h) that a person submitting a reporting form under this action may claim some information in the form as confidential at the time of submission, consistent with TSCA section 14. Details of this analysis are presented in the Economic Analysis (Ref. EPA, The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: considering potential actions involving asbestos, including EPA's TSCA risk evaluation and risk management activities. documents in the last year, by the Fish and Wildlife Service ) Is any of the information claimed as confidential required to be publicly disclosed under any other Federal law? The Agency is proposing this action to obtain certain information known to or reasonably ascertainable by manufacturers (including importers) and processors of asbestos that EPA believes would help the Agency better understand the exposures and uses associated with asbestos, including asbestos in articles and as an impurity (in articles, bulk materials, or mixtures, such as in talc and vermiculite), that fall under the scope of this proposal. 2) of the potential impacts associated with this proposed rule. The small manufacturer (including importer) exemption as written in Corrosion Proof Fittings https://www.epa.gov/laws-regulations/laws-and-executive-orders documents in the last year, 9 In 1982, EPA finalized a rule entitled: Asbestos Reporting Requirements (47 FR 33198, August 30, 1982) (TSH-FRL-2124-4), under the authority of TSCA section 8(a) that required one-time reporting to EPA by asbestos manufacturers, importers, and processors. Each form has sections about respondent identification, mined or milled bulk asbestos, imported bulk asbestos, primary processor production, secondary processor production, importation of mixtures, and importation of articles. legal research should verify their results against an official edition of Asbestos is the biggest cause of work-related deaths in the UK. likely documents in the last year, 829 In EPA's experience, states do not engage in the activities that would make them subject to the requirements in the proposed rule. For a more thorough discussion of the subject asbestos forms, please see Unit III.A. Having a threshold for Form B may decrease burden on certain submitters while still allowing EPA to obtain information on all bulk materials, mixtures, and articles with known asbestos content. Additionally, the information collected in this rulemaking will help inform risk management following the risk evaluation process. Respondents/affected entities: It depends on the use of the building and the work planned. The CDX inbox is used to notify the users when submissions are received by EPA or to notify users when a submission-specific communication has been received and how to locate and access the communication. means a person that starts with bulk asbestos or bulk materials containing asbestos and makes a mixture that contains asbestos as a component. 1. We take one closer look at at an asbestos report is needed and the related information you should recognize. establishing the XML-based Federal Register as an ACFR-sanctioned 2 and 3). of this document. EPA proposes to require certain persons that manufactured (including imported) or processed asbestos and asbestos-containing articles (including as an impurity) in the four years prior to the date of publication of the final rule to electronically report certain exposure-related information. See If testing was conducted, specify how often testing was conducted on the presence of asbestos in your products and what method and type of test was used for determining asbestos content, and provide the test results. This proposed rule would result in a one-time reporting obligation. Small processor The duty-holder can make a Management Survey where the premises are. If the building was built prior to the asbestos ban, then asbestos materials may have been used. Start Printed Page 27061. Bulk asbestos Company name. An authorized official representing a person asserting a claim of confidentiality must certify that the submission complies with the requirements of this part by signing and dating the following certification statement: I certify that all claims for confidentiality asserted with this submission are true and correct, and all information submitted herein to substantiate such claims is true and correct. Start Printed Page 27076. Chemical Substances When Manufactured or Processed as Nanoscale Materials; TSCA Reporting and Recordkeeping Requirements, 40 CFR part 704 (2017). In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. For each end product type, report: (1) Asbestos Disease Awareness Organization According to the HSE website, any building prior to 2000 could contain asbestos and was extensively used as a building material between the 1950s and 1980s. as defined in TSCA section 3(8). Federal Register issue. The following is a brief list of the primary data requirements being proposed. This can include the freeholder, a Right to Manage Company, a Residents Management Company and also managing agents contracted to act on behalf of any of the above. In addition, EPA is providing a list of issues on which the Agency is specifically requesting public comment. EPA also considered collecting employee exposure information, including 8-hr time-weighted average exposures, 15- or 30-minute peak or maximum exposures, related statistical data (medians, arithmetic means, standard deviations, etc. In that action, EPA used TSCA section 6 authority to ban most asbestos-containing products. (ii) Is personal protective equipment used? When supplying the measurement assessment data, also include information about how the assessment was conducted and other explanations to help EPA better understand and use the data. The percentage of asbestos in the imported product (Form B only); The disposition of the imported product (Form B only) as described in Unit III.F.2.a. However, it is a legal requirement to have an asbestos survey and management plan in place if the commercial property was constructed before the year 2000. Consistent with the CDR rule, EPA is proposing a five-year recordkeeping period, beginning on the last date of the submission period. and 4. Determining If You Are a Manufacturer or Importer for Reporting. EPA believes this level of reporting on waste disposal data is sufficient for purposes of this data collection. This action is not subject to Executive Order 13045, because it is a data gathering rulemaking and does not concern an environmental health risk or safety risk. 1. The substances subject to the rule can occur naturally as impurities in other products that may be handled in very large volumes, such as talc, vermiculite, and potentially other substances. EPA anticipates that secondary processors may report using either Form A or Form B. EPA is proposing that secondary processors report, for each year, the total quantity of asbestos processed (Form B only) and the end product type (selected from Table 4 in proposed 40 CFR 704.180(e)(4)(iv)(B)). If a unit of measure is not listed, provide the unit of measure associated with the quantity reported. The final rule followed two previous rules requiring similar electronic reporting of information submitted to EPA for TSCA CDR and for premanufacture notices (PMNs). After . https://www.epa.gov/sites/default/files/2020-12/documents/1_risk_evaluation_for_asbestos_part_1_chrysotile_asbestos.pdf. C. What are relevant past and ongoing EPA TSCA actions on asbestos? Quantity of bulk material manufactured or processed. Employee information. e.g., [CASRN 12425-92-2], and richterite [CASRN 17068-76-7]) to identify if this particular type of asbestos continues to be manufactured (including imported) or processed in the United States. Of those small firms, which include importers of articles and processors, 12 are expected to have cost impacts of less than 1% of annual revenues, one is expected to have impacts between 1-3%, and one is expected to have impacts of more than 3% of annual revenues. . When are an asbestos report required since flats? EPA is also proposing that certain data elements cannot be claimed as confidential: TSCA section 14 also requires that the submitter attest to a statement concerning the confidential status of the information, that they have a reasonable basis to conclude that release of the information would likely result in substantial harm to the competitive position of their business and that the information is not readily discoverable through reverse engineering. Some entities manufacturing (including importing) or processing asbestos as a component of a mixture or articles containing asbestos ( The authorized official must certify that the submitted information has been completed in compliance with the requirements of this part and that the confidentiality claims made on Form A or Form B are true and correct. If testing was conducted, specify how often testing was conducted on the presence of asbestos in your end product and what method and type of test was used for determining asbestos content, and provide the test results. If the specific asbestos type is not known or reasonably ascertainable, report the general listing, asbestos CASRN 1332-21-4. As such, NTTAA section 12(d), 15 U.S.C. Summary of Proposed Reporting and Recordkeeping Requirements. 2 EPA is requesting comment on whether there should be a threshold for the amount of asbestos when determining whether to report using Form B and, if so, whether the threshold should be concentration-based ( The Public Inspection page may also
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