[Federal Register Volume 84, Number 80 (Thursday, April 25, 2019)]
[Rules and Regulations]
[Pages 17345-17360]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08154]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 721

[EPA-HQ-OPPT-2018-0159; FRL-9991-33]
RIN 2070-AK45


Restrictions on Discontinued Uses of Asbestos; Significant New 
Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is 
promulgating a rule to ensure that any discontinued uses of asbestos 
cannot re-enter the marketplace without EPA review, closing a loophole 
in the regulatory regime for asbestos.

DATES: This final rule is effective June 24, 2019.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2018-0159, is available at 
http://www.regulations.gov or at the Office of Pollution Prevention and 
Toxics Docket (OPPT Docket), Environmental Protection Agency Docket 
Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 
Constitution Ave. NW, Washington, DC. The Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through

[[Page 17346]]

Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (202) 566-1744, and the telephone number for the OPPT 
Docket is (202) 566-0280. Please review the visitor instructions and 
additional information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Robert Courtnage, National 
Program Chemicals Division (Mail Code 7404T), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 566-1081; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION: This restrictive rule is called a 
significant new use rule (SNUR) for asbestos, as the term asbestos is 
defined under the Asbestos Hazard Emergency Response Act. The 
restricted significant new uses of asbestos (including as part of an 
article) is manufacturing (including importing) or processing for uses 
that are neither ongoing nor already prohibited under TSCA. The Agency 
has found no information indicating that the following uses are 
ongoing, and therefore, the following uses are subject to this SNUR and 
cannot return to the marketplace without EPA review: Adhesives, 
sealants, and roof and non-roof coatings; arc chutes; beater-add 
gaskets; cement products; extruded sealant tape and other tape; filler 
for acetylene cylinders; friction materials (with certain exceptions 
identified in Table 1); high-grade electrical paper; millboard; missile 
liner; packings; pipeline wrap; reinforced plastics; roofing felt; 
separators in fuel cells and batteries; vinyl-asbestos floor tile; 
woven products; any other building material; and any other use of 
asbestos that is neither ongoing nor already prohibited under TSCA. 
This action prohibits these discontinued uses of asbestos from 
restarting without EPA having an opportunity to evaluate each intended 
use (i.e., significant new use) for potential risks to health and the 
environment and take any necessary regulatory action, which may include 
a prohibition. This SNUR does not provide a means by which prohibited 
uses under the 1989 partial ban under TSCA section 6 could return to 
the marketplace. This SNUR keeps all prior asbestos prohibitions in 
place and would not amend them in any way. EPA is focused on protecting 
the public from exposure to asbestos, and as such persons subject to 
the SNUR may not undertake any of these activities; they are required 
to notify EPA at least 90 days before commencing any manufacturing 
(including importing) or processing of asbestos (including as part of 
an article) for a significant new use. The required notification 
initiates EPA's evaluation of the conditions of use associated with the 
intended use. Manufacturing (including importing) and processing 
(including as part of an article) for the significant new use may not 
commence until EPA has conducted a review of the notice, made an 
appropriate determination on the notice, and taken such actions as are 
required in association with that determination.

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including import), process, or distribute in commerce asbestos as it 
is defined by TSCA Title II, section 202 (15 U.S.C. 2642) (including as 
part of an article). The following list of North American Industrial 
Classification System (NAICS) codes is not intended to be exhaustive, 
but rather provides a guide to help readers determine whether this 
document applies to them. Potentially affected entities may include:
     Construction (NAICS code 23);
     Manufacturing (NAICS codes 31--33);
     Wholesale Trade (NAICS code 42); and
     Transportation (NAICS code 48).
    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA (15 
U.S.C. 2601 et seq.). Persons who import or process any chemical 
substance governed by a final SNUR are subject to the TSCA section 13 
(15 U.S.C. 2612) import certification requirements and the 
corresponding regulations at 19 CFR 12.118 through 12.127 (see also 19 
CFR 127.28). Those persons must certify that the shipment of the 
chemical substance complies with all applicable rules and orders under 
TSCA, including any SNUR requirements. The EPA policy in support of 
import certification appears at 40 CFR part 707, subpart B.
    In addition, asbestos, as defined in this rule, is already subject 
to TSCA section 6(a) (40 CFR part 763, subparts G and I) rules that 
trigger the export notification provisions of TSCA section 12(b) (15 
U.S.C. 2611(b); see also 40 CFR 721.20). Any person who exports or 
intends to export asbestos must comply with the export notification 
requirements in 40 CFR part 707, subpart D; however, although EPA makes 
inapplicable the exemption at 40 CFR 721.45(f) for persons who import 
or process any asbestos as part of an article in a category listed in 
Table 1, the Agency is not requiring export notification for articles 
containing asbestos, as further explained in Unit III.B. of this 
notice.
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical information 
contact listed under FOR FURTHER INFORMATION CONTACT.

B. What is the Agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' EPA must make this determination by rule after considering all 
relevant factors, including those listed in TSCA section 5(a)(2) (see 
Unit IV.). Once EPA determines that a use of a chemical substance is a 
significant new use, TSCA section 5(a)(1) requires persons to submit a 
significant new use notice (SNUN) to EPA at least 90 days before they 
manufacture (including import) or process the chemical substance for 
that use (15 U.S.C. 2604(a)(1)(B)(i)). TSCA prohibits the manufacturing 
(including importing) or processing from commencing until EPA has 
conducted a review of the notice, made an appropriate determination on 
the notice, and taken such actions as are required in association with 
that determination (15 U.S.C. 2604(a)(1)(B)(ii)). Those actions could 
include a prohibition on a use of that chemical substance. As described 
in Unit V., the general SNUR provisions are found at 40 CFR part 721, 
subpart A.

C. What action is the Agency taking?

    EPA is promulgating a final SNUR for asbestos, using the definition 
in TSCA Title II, section 202, which defines asbestos as the 
``asbestiform varieties of six fiber types--chrysotile (serpentine), 
crocidolite (riebeckite), amosite (cummingtonite-grunerite), 
anthophyllite, tremolite or actinolite.'' The significant new use of 
asbestos (including as part of an article) is manufacturing (including 
importing) or processing for uses that are neither ongoing nor already 
prohibited under TSCA. The Agency found no information indicating that 
the following uses are ongoing, and

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therefore, the following uses are subject to this SNUR: Adhesives, 
sealants, and roof and non-roof coatings; arc chutes; beater-add 
gaskets; cement products; extruded sealant tape and other tape; filler 
for acetylene cylinders; friction materials (with certain exceptions 
identified in Table 1); high-grade electrical paper; millboard; missile 
liner; packings; pipeline wrap; reinforced plastics; roofing felt; 
separators in fuel cells and batteries; vinyl-asbestos floor tile; 
woven products; any other building material; and any other use of 
asbestos that is neither ongoing nor already prohibited under TSCA.
    Table 1 below presents the significant new uses of asbestos 
(including as part of an article) subject to this rule and lists 
product categories of asbestos uses that are no longer ongoing (i.e., 
discontinued uses) in the United States that this SNUR will prohibit 
from restarting under TSCA without EPA's prior notice, review, and, as 
necessary, regulation by EPA. Unless otherwise noted, the product 
category descriptions are based on those presented in the Regulatory 
Impact Analysis of Controls on Asbestos and Asbestos Products for the 
1989 final rule (Ref. 1).

    Table 1--Restricted Product Categories of Significant New Uses of
                                Asbestos
------------------------------------------------------------------------
         Product category            Description of the product category
------------------------------------------------------------------------
Adhesives, Sealants, and Roof and   The automobile industry historically
 Non-Roof Coatings.                  used asbestos in a wide variety of
                                     adhesive, sealant, and coating
                                     applications. The aerospace
                                     industry used asbestos in extremely
                                     specialized applications such as
                                     firewall sealants and epoxy
                                     adhesives. Non-roof coatings were
                                     used to prevent corrosion (e.g., as
                                     vehicle undercoatings and
                                     underground pipe coatings). Roof
                                     coatings were used to repair and
                                     patch roofs, seal around
                                     projections such as chimneys and
                                     vent pipes, and bond horizontal and
                                     vertical surfaces.
Arc Chutes........................  Ceramic arc chutes containing
                                     asbestos were used to guide
                                     electric arcs in motor starter
                                     units in electric generating
                                     plants.
Beater-Add Gaskets................  Asbestos fibers were incorporated
                                     within various elastomeric binders
                                     and other fillers to form the
                                     beater-add paper. These products
                                     were used extensively for internal
                                     combustion applications and for the
                                     sealing component of spiral wound
                                     gaskets. Gaskets were used to seal
                                     one compartment of a device from
                                     another in non-dynamic applications
                                     such as engine and exhaust
                                     manifolds.
Cement Products *.................  Includes asbestos cement product
                                     categories in the 1989 Regulatory
                                     Impact Assessment: Asbestos-Cement
                                     Pipe and Fittings, Asbestos-Cement
                                     Flat Sheet, Corrugated Asbestos-
                                     Cement Sheet, and Asbestos-Cement
                                     Shingles.
Extruded Sealant Tape and Other     Sealant tape was made from a semi-
 Tape.                               liquid mixture of butyl rubber and
                                     asbestos. On exposure to air, the
                                     sealant solidified forming a rubber
                                     tape about an inch wide and an
                                     eighth of an inch thick. The tape
                                     acted as a gasket for sealing
                                     building windows, automotive
                                     windshields, and mobile home
                                     windows. It was also used in the
                                     manufacture of parts for the
                                     aerospace industry and in the
                                     manufacture of insulated glass.
Filler for Acetylene Cylinders....  Asbestos was used to produce a
                                     sponge-like filler, which held the
                                     liquefied acetylene gas (acetone)
                                     in suspension in the steel cylinder
                                     and puled the acetone up through
                                     the tank as the gas was released
                                     through the oxyacetylene torch. The
                                     torch was used to weld or cut metal
                                     and sometimes used as an illuminant
                                     gas. The filler also acted as an
                                     insulator that offered fire
                                     protection in case the oxidation of
                                     the acetylene became
                                     uncontrollable.
Friction Materials (except brake    Friction materials were used as
 blocks used in oil drilling         braking and gear-changing (clutch)
 equipment; aftermarket automotive   components in a variety of
 brakes/linings; and other vehicle   industrial and commercial
 friction products).                 machinery. Applications included
                                     agricultural equipment such as
                                     combines, mining and oil-well-
                                     drilling equipment, construction
                                     equipment such as cranes and
                                     hoists, heavy equipment used in
                                     various manufacturing industries
                                     (e.g., machine tools and presses),
                                     military equipment, marine engine
                                     transmissions, elevators, chain
                                     saws, and consumer appliances such
                                     as lawn mowers, washing machines,
                                     and vacuum cleaners.
High-Grade Electrical Paper.......  The major use of asbestos electrical
                                     paper was insulation for high
                                     temperature, low voltage
                                     applications such as in motors,
                                     generators, transformers, switch
                                     gears, and other heavy electrical
                                     apparatuses.
Millboard.........................  Asbestos millboard was essentially a
                                     heavy cardboard product that was
                                     used for gasketing, insulation,
                                     fireproofing, and resistance
                                     against corrosion and rot.
                                     Millboard was used in many
                                     industrial applications to include
                                     linings in boilers, kilns, and
                                     foundries; insulation in glass tank
                                     crowns, melters, refiners, and
                                     sidewalls in the glass industry;
                                     linings for troughs and covers in
                                     the aluminum, marine, and aircraft
                                     industries; and thermal protection
                                     in circuit breakers in the
                                     electrical industry. In addition,
                                     thin millboard was inserted between
                                     metal to produce gaskets.
                                     Commercial applications for
                                     millboard included fireproof
                                     linings for safes, dry-cleaning
                                     machines, and incinerators.
Missile Liner.....................  A missile liner was an asbestos and
                                     rubber compound used to insulate
                                     the outer casing of the rocket from
                                     the intense heat generated in the
                                     rocket motor while the rocket fuel
                                     was burned. Rockets and rocket
                                     boosters were used to propel a
                                     number of objects including
                                     military weapons and the space
                                     shuttle.
Packings..........................  Asbestos packings were dynamic or
                                     mechanical (static packings are
                                     gaskets) and used to seal fluids in
                                     devices where motion was necessary.
                                     The design of a packing is to
                                     control the amount of leakage of
                                     fluid at shafts, rods or valve
                                     systems and other functional parts
                                     or equipment requiring containment
                                     of liquids or gases. Asbestos
                                     packings were used in rotary,
                                     centrifugal, and reciprocating
                                     pumps, valves, expansion joints,
                                     soot blowers, and many other types
                                     of mechanical equipment.
Pipeline Wrap.....................  Pipeline wrap was an asbestos felt
                                     product primarily used by the oil
                                     and gas industry for coating its
                                     pipelines. Asbestos pipeline wrap
                                     was also used in the coal tar
                                     enamel method of coating pipes,
                                     some above-ground applications
                                     (such as for special piping in
                                     cooling towers) and was also used
                                     by the chemical industry for
                                     underground hot water and steam
                                     piping.
Reinforced Plastics...............  Asbestos-reinforced plastics were
                                     used for electro-mechanical parts
                                     in the automotive and appliance
                                     industries and as high-performance
                                     plastics for the aerospace
                                     industry. Asbestos-reinforced
                                     plastic was typically a mixture of
                                     some type of plastic resin (usually
                                     phenolic or epoxy), a general
                                     filler (often chalk or limestone),
                                     and raw asbestos fiber.
Roofing Felt......................  Asbestos roofing felt was single or
                                     multi-layered grade and used for
                                     built-up roofing. Asbestos was used
                                     in roofing felts because of its
                                     dimensional stability and
                                     resistance to rot, fire, and heat.

[[Page 17348]]

 
Separators in Fuel Cells and        In very specialized aerospace
 Batteries.                          applications, asbestos functioned
                                     as an insulator and separator
                                     between the negative and positive
                                     terminals of a fuel cell/battery.
Vinyl-Asbestos Floor Tile.........  Vinyl-asbestos floor tile was used
                                     in commercial, residential, and
                                     institutional buildings in heavy
                                     traffic areas such as supermarkets,
                                     department stores, commercial
                                     plants, kitchens, and ``pivot
                                     points''--entry ways and areas
                                     around elevators
Woven Products *..................  Includes Protective Clothing and
                                     Asbestos Textiles from the 1989
                                     RIA.
Any Other Building Material.......  Examples include insulation,
                                     plasters, mastics, textured paints
                                     (e.g., simulates stucco), and block
                                     filler paints (e.g., for coating
                                     masonry).
Any use of asbestos not otherwise   Except those uses prohibited under
 identified.                         Sec.   763.165 (i.e., Corrugated
                                     Paper, Rollboard, Commercial Paper
                                     Specialty Paper, Flooring Felt and
                                     New Uses (the manufacture,
                                     importation or processing of which
                                     would be initiated for the first
                                     time after August 25, 1989)) and
                                     uses of imported chrysotile
                                     (including as part of an article)
                                     that are currently ongoing in the
                                     United States (i.e., diaphragms;
                                     sheet gaskets; oilfield brake
                                     blocks; aftermarket automotive
                                     brakes/linings; other vehicle
                                     friction products; and other
                                     gaskets).
------------------------------------------------------------------------
* Not a product category described in the same terms in the Regulatory
  Impact Analysis (Ref. 1); this broader product category is used
  generally to describe a number of specific product categories
  identified during the TSCA section 6 risk evaluation process.

    The Frank R. Lautenberg Chemical Safety for the 21st Century Act 
(Pub. L. 114-182, 130 Stat. 448) amended TSCA in June 2016. As amended, 
TSCA includes statutory requirements related to the risk evaluations of 
existing chemicals under their conditions of use. In December of 2016 
(81 FR 91927, December 19, 2019) (FRL-9956-47), EPA designated asbestos 
as one of the first 10 chemical substances subject to the Agency's 
chemical risk evaluation rule, pursuant to TSCA section 6(b)(2)(A) (15 
U.S.C. 2605(b)(2)(A)).
    EPA is separately conducting a risk evaluation of asbestos under 
its conditions of use, pursuant to TSCA section 6(b)(4)(A). Through 
scoping and subsequent research for the asbestos risk evaluation, EPA 
identified several conditions of use of asbestos to include in the risk 
evaluation. However, through extensive research, review of public 
comments, and stakeholder engagement, the conditions of use of asbestos 
have been further refined since publication of the proposed Asbestos 
SNUR (83 FR 26922, June 11, 2018) (FRL-9978-76), and Problem 
Formulation of the Risk Evaluation for Asbestos (Ref. 2) in June 2018. 
The conditions of use of asbestos currently undergoing risk evaluation 
include: Imported raw bulk chrysotile asbestos for the fabrication of 
diaphragms for use in chlorine and sodium hydroxide production; and 
several imported chrysotile asbestos-containing materials, including 
sheet gaskets for use in chemical production (e.g., titanium dioxide 
production), brake blocks used in oil drilling equipment, aftermarket 
automotive brakes/linings and other vehicle friction products, and 
other gaskets. Cement products, woven products, and packings have been 
removed from the scope of the risk evaluation since publication of the 
problem formulation document because no information was found to 
confirm they are conditions of use. Because additional EPA research 
indicates that cement products, woven products, and packings are not 
ongoing uses, this significant new use rule includes them as 
significant new uses. This final SNUR does not affect those uses that 
EPA believes are currently ongoing in the United States; again, those 
uses are being evaluated in the context of EPA's asbestos risk 
evaluation.
    EPA requested public comment on the proposed SNUR for information 
regarding any ongoing uses not identified by the Agency and additional 
uses no longer ongoing (83 FR 26922, June 11, 2018) (FRL-9978-76). The 
Agency did not receive any comments providing additional information 
regarding the ongoing uses or discontinued uses of asbestos. EPA did 
receive many comments (too numerous to cite individually) stating that 
the Agency should not allow otherwise prohibited asbestos uses to 
return to the marketplace. EPA's approach is consistent with these 
comments, and this rulemaking does not bring previously prohibited uses 
back to market. This SNUR regulates uses of asbestos that are no longer 
ongoing (i.e., discontinued uses) in the United States but that are not 
currently prohibited from restarting under TSCA (i.e., not subject to 
the 1989 partial ban under TSCA section 6). In the absence of this 
SNUR, manufacturing, importing, or processing of asbestos (including as 
part of an article) for the significant new uses identified in Table 1 
may begin at any time and without prior notice to and oversight by EPA. 
EPA is committed to protecting the public from asbestos risks. As such, 
EPA will ensure through this final rule that no former uses of asbestos 
can be reintroduced into commerce in the U.S. without prior notice, 
review, and, as necessary, regulation by EPA.
    As explained in greater detail in the Response to Comments document 
(Ref. 3), a significant new use rule can be promulgated to regulate new 
chemicals or existing chemicals. For existing chemicals, such as 
asbestos, a SNUR can be used to ensure that no company will be able to 
manufacture, import, or process the chemical for uses the Agency 
identifies as significant new uses without prior notification to EPA 
and not before EPA has conducted a review of the notice, made an 
appropriate determination on the notice based on information available 
to EPA about the risk to health and the environment, and taken such 
regulatory actions as are required in association with that 
determination. This final SNUR requires persons who intend to 
manufacture (including import) or process any form of asbestos as 
defined under Title II of TSCA (including as part of an article) for a 
significant new use listed in Table 1, consistent with the requirements 
at 40 CFR 721.25, to notify EPA at least 90 days before commencing such 
manufacturing (including importing) or processing. Furthermore, this 
rule precludes the commencement of such manufacturing (including 
importing) or processing until EPA has conducted a review of the 
notice, made an appropriate determination on the notice, and taken such 
actions as are required in association with that determination.
    EPA intends that the provisions of this rule be severable. In the 
event that any individual provision or part of this rule is 
invalidated, EPA intends that this would not render the entire rule 
invalid, and that any individual provisions that can continue to 
operate will be left in place.

[[Page 17349]]

D. Why is the Agency taking this action?

    This final SNUR will require timely advance notice to EPA of any 
future manufacturing (including importing) or processing of asbestos 
(including as part of an article) for the designated significant new 
uses that may produce changes in human and environmental exposures and 
to allow EPA to make an appropriate determination (relevant to the 
risks associated with such manufacturing (including importing), 
processing, and use) prior to the commencement of such manufacturing 
(including importing) or processing. This action is necessary to ensure 
that manufacturing (including importing) or processing for the 
significant new use cannot proceed until EPA has responded to the 
circumstances by taking the required actions under TSCA sections 5(e) 
or 5(f) in the event that EPA determines any of the following: (1) That 
the significant new use presents an unreasonable risk to health or the 
environment under the conditions of use (without consideration of costs 
or other non-risk factors, and including an unreasonable risk to a 
potentially exposed or susceptible subpopulation identified as relevant 
by EPA); (2) that the information available to EPA is insufficient to 
permit a reasoned evaluation of the health and environmental effects of 
the significant new use; (3) that, in the absence of sufficient 
information, the manufacturing (including importing), processing, 
distribution in commerce, use, or disposal of the substance, or any 
combination of such activities, may present an unreasonable risk 
(without consideration of costs or other non-risk factors, and 
including an unreasonable risk to potentially exposed or susceptible 
subpopulations identified as relevant by EPA); or (4) that there is 
substantial production and sufficient potential for environmental 
release or human exposure (as defined in TSCA section 
5(a)(3)(B)(ii)(II)).
    There is a strong causal association between asbestos exposure and 
lung cancer and mesotheliomas (tumors arising from the thin membranes 
that line the chest (thoracic) and abdominal cavities and surround 
internal organs) (Ref. 4; Ref. 5 Ref. 6; Ref. 7; Ref. 8; Ref. 9). In 
addition, other cancers, as well as non-cancer effects, such as 
respiratory and immune effects, have been associated with asbestos 
exposure (Ref. 10).
    Agency research conducted in support of the TSCA risk evaluation of 
asbestos revealed that the use of asbestos has declined dramatically in 
the United States since the 1970s when asbestos use was at its peak. 
Nevertheless, EPA is concerned about the potential for adverse health 
effects of asbestos and believes this action will prevent former uses 
of asbestos from being reintroduced into commerce without the EPA being 
aware and having the opportunity to review and, as necessary, restrict 
those uses. EPA is taking action in this final rule to prohibit 
manufacturing (including importing) or processing for a significant new 
use of asbestos (including as part of an article) identified in Table 1 
in the United States without prior notice, review, and, as necessary, 
regulation by EPA. The rationale and objectives for this final SNUR are 
explained in additional detail in Unit III. of the proposed rule (83 FR 
26922, June 11, 2018) (FRL-9978-76).

E. What are the estimated incremental impacts of this action?

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers (including 
importers) and processors of asbestos, as defined in this rule. This 
Economic Analysis (Ref. 11), which is available in the docket, is 
discussed in Unit IX. and is briefly summarized here.
    In the event that a SNUN is submitted, costs are estimated to be 
approximately $23,000 per SNUN submission for large business submitters 
and about $10,000 for small business submitters. Asbestos is already 
subject to TSCA section 6(a) rules (40 CFR part 763, subparts G and I) 
that trigger the export notification provisions of TSCA section 12(b) 
(15 U.S.C. 2611(b); see also 40 CFR 721.20), and the Agency is not 
requiring export notifications for articles containing asbestos. 
Articles are generally excluded from the TSCA section 12(b) export 
notification requirements and the Agency is not lifting the article 
exemption for 12(b) export notification for asbestos articles for the 
reasons discussed in Unit III.B. Therefore, EPA assumes no additional 
costs under TSCA section 12(b) for this rule.
    The rule may also affect firms that plan to import or process 
articles that may be subject to the SNUR. Although there are no 
specific requirements in the rule for these firms, they may choose to 
undertake some activity to assure themselves that they are not 
undertaking a significant new use. In the accompanying Economic 
Analysis for this final SNUR (Ref. 11), example steps (and their 
respective costs) that an importer or processor might take to identify 
asbestos in articles are provided. These steps can include gathering 
information through agreements with suppliers, declarations through 
databases or surveys, or use of a third-party certification system. 
Additionally, importers may require suppliers to provide certificates 
of testing analysis of the products or perform their own laboratory 
testing of certain articles. EPA is unable to predict, however, what, 
if any, particular steps an importer might take; thus, potential total 
costs were not estimated.

II. Chemical Substance Subject to This Final Rule

A. What chemicals are included in the final SNUR?

    This SNUR applies to asbestos, using the definition in TSCA Title 
II, section 202, which defines asbestos as the ``asbestiform varieties 
of six fiber types--chrysotile (serpentine), crocidolite (riebeckite), 
amosite (cummingtonite-grunerite), anthophyllite, tremolite or 
actinolite.'' This SNUR applies to the manufacturing (including 
importing) or processing of asbestos (including as part of an article) 
for uses that are neither ongoing nor already prohibited under TSCA. 
EPA found no information indicating that the following uses are 
ongoing, and therefore, the following uses are subject to this final 
SNUR: Adhesives, sealants, and roof and non-roof coatings; arc chutes; 
beater-add gaskets; cement products; extruded sealant tape and other 
tape; filler for acetylene cylinders; friction materials (with certain 
exceptions identified in Table 1); high-grade electrical paper; 
millboard; missile liner; packings; pipeline wrap; reinforced plastics; 
roofing felt; separators in fuel cells and batteries; vinyl-asbestos 
floor tile; woven products; any other building material; and any other 
use of asbestos that is neither ongoing nor already prohibited under 
TSCA. This action enables the Agency to protect public health because 
these significant new uses are not permitted to commence until EPA 
conducts a review and evaluates risks, and, as necessary, restricts the 
use(s).
    Under this final SNUR, the exemption at 40 CFR 721.45(f) would not 
apply to persons who import or process asbestos as part of an article 
(which includes as a component of an article) because there is 
reasonable potential for exposure to asbestos if the substance is 
incorporated into articles and then imported or processed. Asbestos-
containing articles subject to this SNUR are listed in Table 1.

[[Page 17350]]

B. What are the production volumes and uses of asbestos?

    Asbestos has not been mined or otherwise produced in the United 
States since 2002; therefore, any new raw bulk asbestos used in the 
United States is imported. According to the U.S. Geological Survey 
(USGS), approximately 750 metric tons of raw bulk asbestos was imported 
into the United States in 2018 (Ref. 12). Chrysotile is the only form 
of raw bulk asbestos currently imported, and the chlor-alkali industry 
is the only known importer (Ref. 12). EPA did not identify any domestic 
entity that uses raw bulk asbestos other than the chlor-alkali 
industry, which uses chrysotile asbestos to fabricate diaphragms for 
use in chlorine and sodium hydroxide production.
    In an effort to identify national import volumes and conditions of 
use for the asbestos risk evaluation being conducted under TSCA section 
6(b)(4)(A), EPA searched a number of available data sources including 
EPA's Chemical Data Reporting (CDR) database, USGS's Mineral 
Commodities Summary and the Minerals Yearbook, the U.S. International 
Trade Commission's Dataweb, the U.S. Customs and Border Protection's 
Automated Commercial Environment (ACE) system, and the Use and Market 
Profile for Asbestos (Ref. 13). Based on this research, EPA published a 
preliminary list of information and sources related to asbestos 
conditions of use prior to a February 2017 public meeting on the 
scoping efforts for the risk evaluation convened to solicit public 
comment (see Preliminary Information on Manufacturing, Processing, 
Distribution, Use, and Disposal: Asbestos, Ref. 14). EPA also convened 
meetings with companies, associated industry groups, chemical users, 
and other stakeholders to aid in identifying conditions of use and 
verifying conditions of use identified by EPA.
    During the public comment period for the Preliminary Information on 
Manufacturing, Processing, Distribution, Use, and Disposal: Asbestos 
(Ref. 14), one company identified the use of asbestos-containing 
gaskets, which are imported, for use during the production of titanium 
dioxide. During stakeholder discussions another company confirmed 
importing and distributing brake blocks for use in oil drilling 
equipment by the oil industry. EPA believes that aftermarket automotive 
brakes/linings and other vehicle friction products, and other gaskets 
containing asbestos are also imported, as reported by USGS (Ref. 15) 
and also appear in data from ACE; however, the volume of products and 
the quantity of asbestos within imported products is not fully known. 
These conditions of use along with the others listed in Table 3 will be 
subject to the TSCA section 6 risk evaluation.
    On June 22, 2017, EPA published the Scope of the Risk Evaluation 
for Asbestos (Ref. 10), which was further refined by the June 2018, 
Problem Formulation of the Risk Evaluation for Asbestos (Ref. 2) issued 
in conjunction with the June 11, 2018 proposed Asbestos SNUR (83 FR 
26922, June 11, 2018) (FRL-9978-76). Each of these three actions 
provided 60-day comment periods and opportunity for the public and 
private sector to identify conditions of use of asbestos in the United 
States. The Agency did not receive additional information from the 
public comments during the comment period regarding ongoing or 
discontinued uses of asbestos.

C. What are the potential health effects of asbestos?

    Asbestos was listed as a known human carcinogen in the National 
Toxicology Program's First Annual Report on Carcinogens in 1980 (Ref. 
16). In 1988, EPA assessed the health hazards and effects caused by 
exposure to asbestos under the Integrated Risk Information System 
(IRIS) program and determined that asbestos exposure can lead to lung 
cancer and mesotheliomas (tumors arising from the thin membranes that 
line internal organs) (Ref. 5). There is causal association between 
asbestos and lung cancer and mesotheliomas (Ref. 4; Ref. 6; Ref. 7). 
EPA also noted in the Scope of the Risk Evaluation for Asbestos (Ref. 
10) that there is a causal association between exposure to asbestos and 
cancer of the larynx and cancer of the ovary (Ref. 7). There is also 
suggestive evidence of a positive association between asbestos and 
cancer of the pharynx (Ref. 7; Ref. 17), stomach (Ref. 6; Ref. 7), and 
colorectum (Ref. 4; Ref. 6; Ref. 7; Ref. 17; Ref. 18; Ref. 19). All 
types of asbestos fibers have been reported to cause mesothelioma (Ref. 
7).
    Increases in lung cancer mortality have been reported in both 
workers and residents exposed to various asbestos fiber types as well 
as fiber mixtures (Ref. 7). There is evidence in in-vitro, animal, and 
human studies that asbestos is genotoxic, meaning asbestos can damage 
an organism's genetic material (Ref. 6). There is also evidence that 
asbestos exposure is associated with adverse respiratory system 
effects, such as asbestosis and immunotoxicity (Ref. 6; Ref. 10).

D. What are the potential routes and sources of exposure to asbestos?

    The greatest risk of exposure to asbestos occurs when the substance 
is in a friable state, meaning the fibers can be crumbled, pulverized, 
or reduced to a powder under hand pressure (Ref. 6). During use and 
over time, non-friable asbestos has the potential to become friable 
(Ref. 6). For example, testing has shown that non-friable asbestos-
containing material can become friable during use such as cutting, 
crumbling, and tearing, and as a result of such use, asbestos fibers 
can be released into the air (Ref. 20). Similarly, non-friable 
asbestos-containing building materials can release fibers if disturbed 
during building repair or demolition (Ref. 21). Exposures to workers, 
consumers and the general population, as well as environmental 
receptors, may occur from industrial releases and use of asbestos-
containing products. Based on EPA's research conducted during the early 
stages of the TSCA risk evaluation, most of the ongoing uses of 
asbestos pertain to industrial and commercial uses (Ref. 10).
    The primary exposure route for asbestos is inhalation. Asbestos 
fibers can be released into the air during processing of raw bulk 
asbestos and asbestos-containing products. Weathering and the 
disturbance and/or degradation of asbestos-containing products can also 
cause asbestos fibers to be suspended in air (Ref. 6). Fibers can then 
enter the lungs through inhalation. Exposures to asbestos can 
potentially occur via oral and dermal routes; however, EPA anticipates 
that the most likely exposure route is inhalation.

III. SNUR Rationale and Objectives

A. Rationale

    As discussed in Unit II. and Unit III. of the proposed rule (83 FR 
26922, June 11, 2018) (FRL-9978-76), EPA is concerned about the 
potential for adverse health effects of asbestos based on established 
sound scientific data indicating that asbestos is a known human 
carcinogen. Asbestos was listed as a human carcinogen in the National 
Toxicology Program's First Annual Report on Carcinogens in 1980 (Ref. 
16).
    Asbestos, in particular chrysotile asbestos, has several useful 
properties, including low electrical conductivity while maintaining 
high tensile strength, high friction coefficient, and high resistance 
to heat (Ref. 19). These properties made asbestos ideal for use in 
friction materials (e.g., brakes), insulation (e.g., sound, heat, and 
electrical), and building materials (e.g.,

[[Page 17351]]

cement pipes, roofing compounds, flooring) over the past century. 
However, the use of asbestos has declined dramatically due to health 
concerns and consumer preference (Ref. 22), which has led to the 
elimination of some exposure scenarios associated with such uses. 
According to USGS, in 1973, national annual consumption, including 
manufacturing/importing and processing, of raw bulk asbestos peaked 
around 800,000 metric tons and has since fallen approximately 99 
percent to between 300 and 800 metric tons in recent years (Ref. 12). 
Today, most manufactured products that historically contained asbestos 
in the United States are now asbestos-free (Ref. 22).
    In 1989, EPA published a final rule Asbestos: Manufacture, 
Importation, Processing, and Distribution in Commerce Prohibitions (54 
FR 29460, July 12, 1989) (FRL-3476-2), which was intended ``to 
prohibit, at staged intervals, the future manufacture, importation, 
processing and distribution in commerce of asbestos in almost all 
products, as identified in the rule . . .'' and to ``reduce the 
unreasonable risks presented to human health by exposure to asbestos 
during activities involving these products.'' The 1989 final rule 
applied to the asbestos product categories identified in the Regulatory 
Impact Analysis of Controls on Asbestos and Asbestos Products (Ref. 1), 
which was conducted in support of the rule. However, the ban against 
most of the asbestos product categories was partially vacated and 
remanded to EPA by the Fifth Circuit Court of Appeals in 1991. In 
addition to the asbestos products that remain banned after the court 
ruling, which are identified in Table 2 below, any new use of asbestos 
was also banned. This prohibition on any new uses of asbestos is for 
uses initiated for the first time after August 25, 1989. The purpose of 
this SNUR is to address the uses of asbestos that began prior to August 
25, 1989, for which manufacturing (including importing) and processing 
are no longer ongoing in the United States but are not prohibited under 
the 1989 partial ban under TSCA section 6.

    Table 2--Asbestos Containing Product Categories Banned Under TSCA
                                Section 6
------------------------------------------------------------------------
         Product category                Definition (40 CFR 763.163)
------------------------------------------------------------------------
Corrugated Paper..................  Corrugated paper means an asbestos-
                                     containing product made of
                                     corrugated paper, which is often
                                     cemented to a flat backing, may be
                                     laminated with foils or other
                                     materials, and has a corrugated
                                     surface. Major applications of
                                     asbestos corrugated paper include:
                                     Thermal insulation for pipe
                                     coverings; block insulation; panel
                                     insulation in elevators; insulation
                                     in appliances; and insulation in
                                     low-pressure steam, hot water, and
                                     process lines.
Rollboard.........................  Rollboard means an asbestos-
                                     containing product made of paper
                                     that is produced in a continuous
                                     sheet, is flexible, and is rolled
                                     to achieve a desired thickness.
                                     Asbestos rollboard consists of two
                                     sheets of asbestos paper laminated
                                     together. Major applications of
                                     this product include: Office
                                     partitioning; garage paneling;
                                     linings for stoves and electric
                                     switch boxes; and fire-proofing
                                     agent for security boxes, safes,
                                     and files.
Commercial Paper..................  Commercial paper means an asbestos-
                                     containing product that is made of
                                     paper intended for use as general
                                     insulation paper or muffler paper.
                                     Major applications of commercial
                                     papers are insulation against fire,
                                     heat transfer, and corrosion in
                                     circumstances that require a thin,
                                     but durable, barrier.
Specialty Paper...................  Specialty paper means an asbestos-
                                     containing product that is made of
                                     paper intended for use as filters
                                     for beverages or other fluids or as
                                     paper fill for cooling towers.
                                     Cooling tower fill consists of
                                     asbestos paper that is used as a
                                     cooling agent for liquids from
                                     industrial processes and air
                                     conditioning systems.
Flooring Felt.....................  Flooring felt means an asbestos-
                                     containing product that is made of
                                     paper felt intended for use as an
                                     underlayer for floor coverings, or
                                     to be bonded to the underside of
                                     vinyl sheet flooring.
New Uses *........................  The commercial uses of asbestos not
                                     identified in Sec.   763.165 the
                                     manufacture, importation or
                                     processing of which would be
                                     initiated for the first time after
                                     August 25, 1989.
------------------------------------------------------------------------
* A ``new use'' as defined in 40 CFR 763.163 is distinct from a
  significant new use per TSCA section 5(a)(2), which is explained for
  the purposes of this final rule in Table 1.

    After the court's ruling in Corrosion Proof Fittings v. EPA, 947 
F.2d 1201 (5th Cir. 1991), only the specific asbestos products 
identified in Table 2 and new uses of asbestos initiated for the first 
time after August 25, 1989, remained banned under TSCA. This SNUR keeps 
these prohibitions in place and would not amend them in any way. In 
other words, this SNUR does not provide a means by which these 
prohibited uses under the 1989 partial ban under TSCA section 6 could 
return to the marketplace.
    A significant new use of asbestos includes all uses that were 
initiated on or before August 25, 1989 (and were not covered by the 
1989 partial ban under TSCA section 6) for which manufacturing 
(including importing) and processing are no longer ongoing in the 
United States. This SNUR is designed to complement the existing 
prohibitions on asbestos and does not alter or displace those 
prohibitions.
    As part of the current asbestos risk evaluation process, the Agency 
identified conditions of use to be considered under the TSCA risk 
evaluation. In the proposed Asbestos SNUR (83 FR 26922, June 11, 2018) 
(FRL-9978-76) and the Problem Formulation of the Risk Evaluation for 
Asbestos (Ref. 2), the Agency identified the following conditions of 
use to be considered under the TSCA section 6 risk evaluation: Imported 
raw bulk chrysotile asbestos for the fabrication of diaphragms for use 
in chlorine and sodium hydroxide production and several imported 
chrysotile asbestos-containing materials including sheet gaskets for 
use in chemical production (e.g., titanium dioxide chemical 
production), brake blocks for use in oil drilling, aftermarket 
automotive brakes/linings and other vehicle friction products, other 
gaskets and packing, cement products, and woven products. However, 
since the problem formulation document and proposed SNUR were published 
in June 2018, EPA has further refined the conditions of use of asbestos 
for the TSCA section 6 risk evaluation. Three uses of asbestos--cement 
products, packings, and woven products--were believed to be possibly 
ongoing based on import data reported in USGS's 2016 Mineral Yearbook 
(Ref. 16). EPA further investigated the import data and determined that 
there is no evidence to support that asbestos-containing cement 
products, packings, and woven products are ongoing uses of asbestos, 
and therefore, these three uses are subject to this final rulemaking.

[[Page 17352]]

    In an effort to obtain confirmation that asbestos-containing cement 
products are imported into the U.S., EPA contacted the last known 
foreign supplier to North America. After contacting them, the supplier 
informed the Agency that they do not export asbestos-containing cement 
to the United States (Ref. 23). The Agency also discussed the use of 
asbestos cement pipe in the U.S. with the trade organization American 
Water Works, who provided a written statement that, to their knowledge, 
asbestos cement pipe is no longer an ongoing use (Ref. 24).
    Upon further review of import data, EPA determined that packings 
and ``woven and knitted fabrics,'' which are reported in USGS's 2016 
Minerals Yearbook (Ref. 16) under Harmonized Tariff Schedule (HTS) 
codes 6812.99.0020 and 6812.99.0004 respectively, were misreported. EPA 
also determined that the import data suggesting that imported packings 
contain asbestos pertained to gaskets, not packings. The Agency 
contacted a potential exporter of asbestos-containing woven products, 
but the company stated that they do not have customers in the United 
States (Ref. 25). EPA has included woven products in this SNUR because 
there is no evidence of ongoing use of woven products.
    Based on further outreach and investigation since June 2018, the 
refined conditions of use of asbestos currently undergoing risk 
evaluation include: Imported raw bulk chrysotile asbestos for the 
fabrication of diaphragms for use in chlorine and sodium hydroxide 
production; and several imported chrysotile asbestos-containing 
materials, including sheet gaskets for use in chemical products (e.g., 
titanium dioxide chemical production), brake blocks used in oil 
drilling equipment, aftermarket automotive brakes/linings and other 
vehicle friction products, and other gaskets. Cement products, 
packings, and woven products have been removed from the risk evaluation 
since publication of the problem formulation document because no 
information was found to confirm they are conditions of use. Because 
additional EPA research indicates that cement products, woven products 
and packings are not ongoing uses, this SNUR includes them as 
significant new uses. This SNUR does not identify as significant new 
uses those uses that EPA believes are currently ongoing in the United 
States. The conditions of use of asbestos that are undergoing risk 
evaluation are specific to the chrysotile form only, which is the only 
known form of asbestos that is still manufactured or imported into the 
United States. Therefore, manufacturing, importing, mining, or 
processing crocidolite (riebeckite), amosite (cummingtonite-grunerite), 
anthophyllite, tremolite or actinolite for a significant new use of 
asbestos (including as part of an article) or any use whatsoever 
requires a significant new use notification to EPA.
    In the proposed SNUR, the Agency requested comment on the ongoing 
uses of asbestos as well as uses that are no longer ongoing (83 FR 
26922, June 11, 2018) (FRL-9978-76). EPA received several comments 
suggesting that the SNUR be revised to include all product uses of 
asbestos that are no longer ongoing, and some commenters suggested 
targeting all uses of asbestos except ongoing uses currently under 
consideration for the asbestos TSCA section 6 risk evaluation (EPA-HQ-
OPPT-2018-0159-1269; EPA-HQ-OPPT-2018-0159-1271; EPA-HQ-OPPT-2018-0159-
5755; EPA-HQ-OPPT-2018-0159-5886). Considering that asbestos has been 
used in thousands of applications, EPA recognizes the public's comments 
on the significant new use rule as originally proposed and whether it 
covered all uses of asbestos that are no longer ongoing in the United 
States. The Agency's intent in this final SNUR is to cover all uses of 
asbestos that are neither ongoing in the United States nor already 
banned under TSCA. In response to public comment since proposal, the 
Agency is revising the regulatory text to add another broad use 
category to ensure all other uses of asbestos that are no longer 
ongoing and not already prohibited under TSCA are captured in this 
rulemaking. EPA is explicitly excluding from this rulemaking uses of 
asbestos that are already prohibited under TSCA through the 1989 
partial ban under TSCA section 6 or are currently ongoing. Ongoing uses 
identified by EPA as conditions of use under consideration for the TSCA 
section 6 risk evaluation (i.e., imported chrysotile for the 
fabrication of asbestos diaphragms and the following imported 
chrysotile products: Sheet gaskets, oilfield brake blocks, aftermarket 
automotive brakes/linings, other vehicle friction products, and other 
gaskets) are not significant new uses of asbestos and therefore would 
not require a significant new use notice submission to the Agency.
    As explained in the proposed rule (83 FR 26922, June 11, 2018) 
(FRL-9978-76), as part of the information gathering activity associated 
with the current asbestos TSCA section 6 risk evaluation, the Agency 
researched market availability for the asbestos product categories 
subject to the 1989 TSCA section 6 ban that was later partially vacated 
and remanded to EPA. In addition to the asbestos product categories 
that EPA identified in the proposed SNUR where manufacturing (including 
importing) and processing for the use is no longer ongoing, the Agency 
has determined that the product category ``friction materials'' as 
defined in Table 1 (and with the exceptions noted in Table 1) is also a 
significant new use of asbestos. While this product category was in the 
1989 Regulatory Impacts Analysis (Ref. 1), it was not included in the 
proposed SNUR because the broad category definition could be viewed as 
contradictory to uses not subject to the rule--brake blocks in 
particular. However, in response to public comments, the Agency is 
including friction materials as defined in Table 1 within the 
significant new use for asbestos, to encompass all uses that the Agency 
has determined to be neither ongoing in the United States nor already 
prohibited under TSCA. The Agency believes it is appropriate to include 
the product category of ``friction materials'' in the scope of this 
SNUR and doing so will not create confusion or potentially overlapping 
definitions.
    Table 3 represents the conditions of use for asbestos which are 
undergoing risk evaluation under TSCA section 6. These uses are ongoing 
uses that are not covered under the 1989 partial ban under TSCA section 
6 nor in this final SNUR. All of the remaining ongoing uses of asbestos 
are solely for chrysotile asbestos. Ongoing uses identified by EPA as 
conditions of use under consideration for the TSCA section 6 risk 
evaluation are not significant new uses of asbestos and therefore are 
not subject to this rulemaking and would not require a significant new 
use notice submission to the Agency.

Table 3--Conditions of Use of Asbestos That Are Not Significant New Uses
                               of Asbestos
------------------------------------------------------------------------
             Product category                          Example
------------------------------------------------------------------------
Asbestos Diaphragms.......................  Chlor-alkali Industry.
Sheet Gaskets.............................  Chemical Manufacturing
                                             Industry.
Oilfield Brake Blocks.....................  Oil Industry.
Aftermarket Automotive Brakes/Linings.....  Automotive Industry.
Other Vehicle Friction Products...........  Automotive Industry.
Other Gaskets.............................  Non-automotive Vehicle
                                             Industry.
------------------------------------------------------------------------

    As discussed in Unit 1.C., EPA is conducting a TSCA section 6 risk 
evaluation for the ongoing uses of

[[Page 17353]]

asbestos. If a finding of unreasonable risk of injury to health or the 
environment is determined for any of those ongoing uses listed in Table 
3, the Agency is required by statute to pursue risk management action 
options, including prohibitions on use. Risk management action by the 
Agency must be proposed within 1 year and finalized within 2 years of 
publication of the final asbestos risk evaluation document. For more 
information on the TSCA chemical risk evaluation process, read the 
Procedures for Chemical Risk Evaluation Under the Amended Toxic 
Substances Control Act final rule (40 CFR 702, subpart B) (82 FR 33726, 
July 20, 2017) (FRL-9964-38).
    In the absence of this rule, the manufacturing (including 
importing) or processing of asbestos (including as part of an article) 
for the significant new uses identified in this rule may begin at any 
time and without prior notice to EPA. EPA is committed to protecting 
the public from asbestos risks and is concerned that the commencement 
of the manufacturing (including importing) or processing for the 
significant new uses of asbestos identified in Table 1 could increase 
the volume of manufacturing (including importing) and processing of 
asbestos as well as the magnitude and duration of exposure to humans 
over that which would otherwise exist currently. EPA has concluded that 
action on this chemical substance is warranted and therefore determined 
that any manufacturing (including importing) or processing of asbestos 
(including as part of an article), using the definition under Title II 
of TSCA, for any use identified in Table 1 is a significant new use.
    The Agency received several public comments on the proposed rule 
requesting that disposal and recycling of asbestos-containing products 
(EPA-HQ-OPPT-2018-0159-0437; EPA-HQ-OPPT-2018-0159-4066) as well as 
asbestos mining (EPA-HQ-OPPT-2018-0159-4023; EPA-HQ-OPPT-2018-0159-
5886) be addressed. The Agency does not interpret the disposal of 
asbestos-containing materials to be processing for a significant new 
use; therefore, such activity does not require a significant new use 
notice under this final rule. Disposal is considered to be the end of 
life for a product. By contrast, however, the Agency does interpret 
recyling to be processing under TSCA, and recycling of any asbestos-
containing material for a significant new use of asbestos subject to 
this rulemaking requires a SNUN. For example, recycling asbestos 
building material, such as roofing tiles, for reuse is prohibited 
without notification, review, and, as necessary, regulation by EPA.
    The Agency interprets mining to be production under the TSCA 
definition of manufacture. Therefore, mining asbestos for a significant 
new use as identified in this rule would require a SNUN. Mining for the 
ongoing uses of asbestos, however, would not require a significant new 
use notice.
    Consistent with EPA's past practice for issuing SNURs under TSCA 
section 5(a)(2), EPA's decision to promulgate a SNUR for a particular 
chemical use need not be based on an extensive evaluation of the 
hazard, exposure, or potential risk associated with that use. If a 
person decides to begin manufacturing (including importing) or 
processing asbestos (including as part of an article) for a use 
identified in Table 1, the notice to EPA allows the Agency to evaluate 
the use according to the specific parameters and circumstances 
surrounding the conditions of use.

B. Rationale for Making Inapplicable the Exemption at 40 CFR 721.45(f) 
for Persons Who Import or Process Asbestos

    Chemical substances that are part of an article may still result in 
exposure if the chemical substance has certain physical-chemical 
properties--as in the case of asbestos, fibers can degrade with use and 
become friable over time where human exposures can occur leading to 
increased risks for disease (Ref. 6; Ref. 20; Ref. 21). During use and 
over time, non-friable asbestos has the potential to become friable 
(Ref. 6). For example, testing has shown that non-friable asbestos-
containing material can become friable during use such as cutting, 
crumbling, and tearing, and as a result of such use, asbestos fibers 
can be released into the air (Ref. 20). Similarly, non-friable 
asbestos-containing building materials can release fibers if disturbed 
during building repair or demolition (Ref. 21). Therefore, EPA is 
making inapplicable the exemption at 40 CFR 721.45(f) for persons who 
import or process any asbestos as part of an article for the 
significant new uses of asbestos identified in Table 1. A person who 
imports or processes asbestos (including as part of an article) for a 
significant new use would be subject to the SNUN requirements in this 
rule. No person would be able to begin importing or processing asbestos 
(including as part of an article) for a significant new use without 
first submitting a SNUN to EPA and not before the Agency has conducted 
a review of the notice, made an appropriate determination on the 
notice, and taken such actions as are required in association with that 
determination, including a prohibition on use.
    The Agency received several comments suggesting that exported 
asbestos-containing articles be subject to the notification requirement 
at TSCA section 12(b) (15 U.S.C. 2611(b)). Considering that this 
rulemaking addresses uses of asbestos (including as part of an article) 
that are no longer ongoing, the Agency sees no value in requiring 
export notification for the uses subject to this rule because such 
articles of asbestos are neither manufactured, imported, nor processed 
in the United States. Therefore, the Agency assumes that such articles 
are not exported. In the event EPA receives a notice for a significant 
new use of asbestos, the Agency will consider an export notification 
requirement for that significant new use at that time.
    As for the ongoing uses of asbestos that are currently undergoing 
risk evaluation under TSCA section 6, the Agency feels it is 
appropriate to consider a TSCA section 12(b) export notification 
requirement as part of any risk management pursued after completion of 
the risk evaluation, if an unreasonable risk is determined.

C. Objectives

    Based on the considerations in Unit III.A., EPA wants to achieve 
the following objectives with regard to the significant new use of 
asbestos (including as part of an article) as designated in this rule:
    1. EPA would receive notice of any person's intent to manufacture 
(including import) or process asbestos (including as part of an 
article) for the described significant new use before that activity 
begins.
    2. EPA would have an opportunity to review and evaluate data 
submitted in a
    SNUN before the notice submitter begins manufacturing (including 
importing) or processing asbestos (including as part of an article) for 
the described significant new use.
    3. EPA would be able to either determine that the significant new 
use is not likely to present an unreasonable risk, or take necessary 
regulatory action associated with any other determination before the 
described significant new use of asbestos (including as part of an 
article) occurs.

IV. Significant New Use Determination

    According to TSCA section 5(a)(2), EPA's determination that a use 
of a chemical substance is a significant new use must be made after 
consideration of all relevant factors including:

[[Page 17354]]

    1. The projected volume of manufacturing and processing of a 
chemical substance.
    2. The extent to which a use changes the type or form of exposure 
of human beings or the environment to a chemical substance.
    3. The extent to which a use increases the magnitude and duration 
of exposure of human beings or the environment to a chemical substance.
    4. The reasonably anticipated manner and methods of manufacturing, 
processing, distribution in commerce, and disposal of a chemical 
substance.
    In addition to these factors enumerated in TSCA section 5(a)(2), 
the statute authorizes EPA to consider any other relevant factors.
    Both federal and state environmental protection agencies and 
occupational safety and health organizations provide existing 
regulation pertaining to certain aspects of the manufacturing 
(including importing), processing, use, and/or disposal of asbestos in 
order to protect consumers, workers, and the environment. EPA believes 
the significant new uses of asbestos identified in Table 1 could 
increase the volume of manufacturing (including importing) and 
processing of asbestos, as well as the duration and magnitude of human 
and environmental exposure to the substance and reintroduce exposure 
scenarios that have become obsolete over the past several decades. It 
is imperative that EPA be notified of any intended significant new use 
of asbestos identified in Table 1 and be provided the opportunity to 
evaluate such intended new use. Once a SNUR is finalized, failure to 
notify EPA and file a SNUN prior to manufacturing (including importing) 
or processing for a significant new use would constitute a violation of 
TSCA and would be subject to TSCA section 16 penalties, accordingly.
    To determine what would constitute a significant new use of 
asbestos as discussed in this unit, EPA considered relevant information 
about the toxicity or expected toxicity of the substance, likely human 
exposures and environmental releases associated with possible uses, and 
the four factors listed in TSCA section 5(a)(2). In addition to the 
factors enumerated in TSCA section 5(a)(2), the statute authorizes EPA 
to consider any other relevant factors.
    The article exemption at 40 CFR 721.45(f) is based on an assumption 
that people and the environment will generally not be exposed to 
chemical substances in articles (Ref. 26). However, even when contained 
in an article, asbestos can become friable over time with use (Ref. 6; 
Ref. 20; Ref. 21). Based on this understanding, upon receipt of a SNUN, 
EPA intends to evaluate the potential risk of exposure to human health 
and the environment for any intended significant new use of asbestos 
(including as part of an article). This understanding warrants making 
the article exemption for submitting a SNUN at 40 CFR 721.45(f) 
inapplicable to importers or processors of articles containing 
asbestos. Considering the potential friability of asbestos, even when 
incorporated in articles, and the health risks associated with exposure 
to asbestos, EPA affirmatively finds under TSCA section 5(a)(5) that 
notification is justified by the reasonable potential for exposure to 
asbestos through the articles subject to this SNUR. EPA intends to 
evaluate such potential uses whether in the form of an article, or not, 
for any associated risks or hazards that might exist before those uses 
would begin. EPA has reason to anticipate that importing or processing 
asbestos as part of an article would create the potential for exposure 
to asbestos, and that EPA should have an opportunity to review the 
intended use before such use could occur.

V. Applicability of General Provisions

    General provisions for SNURs appear in 40 CFR part 721, subpart A. 
These provisions describe persons subject to the rule, recordkeeping 
requirements, and exemptions to reporting requirements. Provisions 
relating to user fees appear in 40 CFR part 700.
    According to 40 CFR 721.1(c), persons subject to SNURs must comply 
with the same notice requirements and EPA regulatory procedures as 
submitters of Premanufacture Notices (PMNs) under TSCA section 
5(a)(1)(A). In particular, these requirements include the information 
submission requirements of TSCA sections 5(b) and 5(d)(1), the 
exemptions authorized by TSCA sections 5(h)(1), (h)(2), (h)(3), and 
(h)(5), and the regulations at 40 CFR part 720.
    Once EPA receives a SNUN, EPA must either determine that the 
significant new use is not likely to present an unreasonable risk of 
injury or take such regulatory action as is associated with an 
alternative determination before the manufacturing (including 
importing) or processing for the significant new use can commence. If 
EPA determines that the significant new use is not likely to present an 
unreasonable risk, EPA is required under TSCA section 5(g) to make 
public, and submit for publication in the Federal Register, a statement 
of EPA's finding.

VI. Applicability of Rule to Uses Occurring Before Effective Date of 
the Final Rule

    EPA designates June 1, 2018 (the date of web posting of the 
proposed rule) as the cutoff date for determining whether the new use 
is ongoing. The objective of EPA's approach is to ensure that a person 
cannot defeat a SNUR by initiating a significant new use before the 
effective date of the final rule. In developing this rule, EPA has 
recognized that, given EPA's general practice of posting proposed and 
final SNURs on its website a week or more in advance of Federal 
Register publication, this objective could be thwarted even before that 
publication.
    Persons who began commercial manufacturing (including importing) or 
processing of the chemical substance (to include importing or 
processing articles and components thereof containing the chemical 
substance) for a significant new use as of June 1, 2018 would have to 
cease any such activity upon the effective date of the final rule. To 
resume their activities, these persons would have to first comply with 
all applicable SNUR notification requirements and wait until all TSCA 
prerequisites for the commencement of manufacturing (including 
importing) or processing have been satisfied (see 55 FR 17376, April 
24, 1990 (FRL-3658-5) and 81 FR 85472, November 28, 2016 (FRL-9945-53) 
for additional information).

VII. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not usually require 
developing new information (e.g., generating test data) before 
submission of a SNUN; however, there is an exception: Development of 
information is required where the chemical substance subject to the 
SNUR is also subject to a rule, order, or consent agreement under TSCA 
section 4 (see TSCA section 5(b)(1)). Also pursuant to TSCA section 
4(h), which pertains to reduction of testing of vertebrate animals, EPA 
encourages consultation with the Agency on the use of alternative test 
methods and strategies (also called New Approach Methodologies or 
NAMs), if available, to generate any recommended test data. EPA 
encourages dialogue with Agency representatives to help determine how 
best the submitter can meet both the data needs and the objective of 
TSCA section 4(h).
    In the absence of a TSCA section 4 test rule covering the chemical 
substance, persons are required to submit only information in their

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possession or control and to describe any other information known to or 
reasonably ascertainable by them (15 U.S.C. 2604(d); 40 CFR 721.25, and 
40 CFR 720.50). However, as a general matter, EPA recommends that SNUN 
submitters include information that would permit a reasoned evaluation 
of risks posed by the chemical substance during its manufacturing 
(including importing), processing, use, distribution in commerce, or 
disposal. EPA encourages persons to consult with the Agency before 
submitting a SNUN. As part of this optional pre-notice consultation, 
EPA would discuss specific information it believes may be useful in 
evaluating a significant new use.
    Submitting a SNUN that does not itself include information 
sufficient to permit a reasoned evaluation may increase the likelihood 
that EPA will either respond with a determination that the information 
available to the Agency is insufficient to permit a reasoned evaluation 
of the health and environmental effects of the significant new use or, 
alternatively, that in the absence of sufficient information, the 
manufacturing (including importing), processing, distribution in 
commerce, use, or disposal of the chemical substance may present an 
unreasonable risk of injury.
    SNUN submitters should be aware that EPA will be better able to 
evaluate SNUNs and define the terms of any potentially necessary 
controls if the submitter provides detailed information on human 
exposure and environmental releases that may result from the 
significant new uses of the chemical substance.

VIII. SNUN Submissions

    EPA recommends that submitters consult with the Agency prior to 
submitting a SNUN to discuss what information may be useful in 
evaluating a significant new use. Discussions with the Agency prior to 
submission can afford ample time to conduct any tests that might be 
helpful in evaluating risks posed by the substance. According to 40 CFR 
721.1(c), persons submitting a SNUN must comply with the same notice 
requirements and EPA regulatory procedures as persons submitting a PMN, 
including submission of test data on health and environmental effects 
as described in 40 CFR 720.50. SNUNs must be submitted on EPA Form No. 
7710-25, generated using e-PMN software, and submitted to the Agency in 
accordance with the procedures set forth in 40 CFR 721.25 and 40 CFR 
720.40. E-PMN software is available electronically at http://www.epa.gov/opptintr/newchems.
    The Agency received several public comments on the proposed 
asbestos SNUR requesting more explanation regarding the review process 
of a significant new use notice (EPA-HQ-OPPT-2018-0159-0437; EPA-HQ-
OPPT-2018-0159-3224) and the opportunity for public comment on 
submitted SNUN applications, if any, as well as the Agency's 
significant new use determinations, if any, for asbestos (EPA-HQ-OPPT-
2018-0159-4021; EPA-HQ-OPPT-2018-0159-1270; EPA-HQ-OPPT-2018-0159-
5889). The SNUN submission and review process is explained in detail in 
the Response to Comments document (Ref. 3) and in this unit.
    Anyone who plans to manufacture, import, or process asbestos 
(including as part of an article) for a significant new use identified 
in the rule is required by TSCA section 5 to provide EPA with notice at 
least 90 days before initiating the activity. A SNUN submission follows 
the same process as a PMN for new chemicals. Upon receipt of a 
significant new use notice, EPA is required by TSCA section 5(d)(2) to 
publish notification of the intended significant new use in the Federal 
Register. For transparency purposes, in addition, EPA intends to take 
public comment on any intended significant new use following that 
public notification.
    In general, TSCA section 5 notices require that all reasonably 
ascertainable information on chemical identity, production volume, 
byproducts, use, environmental release, disposal practices, and human 
exposure be included in the notice. In addition, EPA requires that the 
following information be submitted with the notice: Any health and 
environmental information in the possession or control of the 
submitter, parent company or affiliates, and a description of any other 
applicable information known to or reasonably ascertainable by the 
submitter (see 40 CFR 720.45 and 40 CFR 720.50 for specific 
requirements).
    EPA risk assessors consider all of this information during the EPA 
significant new use review process and conduct a detailed analysis with 
the ultimate goal of identifying and controlling unreasonable risks. 
EPA uses an integrated approach that draws on knowledge and experience 
across disciplines to identify and evaluate concerns regarding human 
health and environmental effects, exposures and releases and impacts. 
EPA has developed assessment methods, databases, and predictive tools 
to evaluate what happens to chemicals when they are used and released 
to the environment and how workers, citizens, and the environment might 
be exposed to and affected by these chemicals. These tools are helpful 
when laboratory studies or monitoring data are not available or need to 
be supplemented. The Agency can take a range of actions, including 
prohibition, to ensure the use of the chemical does not present an 
unreasonable risk to human health or the environment.
    SNUNs are reported using the standard electronic PMN form, which 
allows manufacturers of TSCA chemical substances to use the internet 
through EPA's Central Data Exchange (CDX), to submit TSCA section 5 
notices to EPA (instructions available at https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/how-submit-e-pmn). SNUNs are subject to a 90-day review process similar to 
that for a PMN. When submitting a SNUN, the submitter should include a 
cover letter that provides the Code of Federal Regulations citation of 
the SNUR and identifies the specific significant new use(s) for which 
the SNUN is being submitted. The fee for each SNUN is $16,000, except 
for small businesses the fee is $2,800 (see 40 CFR 700.45).

IX. Economic Analysis

A. SNUNs

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers (including 
importers) and processors of the chemical substance included in this 
rule (Ref. 11). In the event that a SNUN is submitted, average costs 
are estimated at approximately $23,000 per SNUN submission for large 
business submitters and about $10,000 for small business submitters. 
These estimates include the cost to prepare and submit the SNUN 
(averaging about $7,300), and the payment of a user fee. Businesses 
that submit a SNUN would be subject to either a $16,000 user fee 
required by 40 CFR 700.45(c)(2)(ii), or, if they are a small business, 
a reduced user fee of $2,800 (40 CFR 700.45(c)(1)(ii)). Businesses that 
submit a SNUN are also estimated to incur average costs of $65 for rule 
familiarization. First time submitters will incur an average cost of 
$123 for CDX registration and associated activities. Companies 
manufacturing, importing, or processing asbestos or articles containing 
asbestos will incur an average cost of $79 for notifying their 
customers of SNUR regulatory activities. EPA's complete economic 
analysis is

[[Page 17356]]

available in the public docket for this rule (Ref. 11).

B. Export Notification

    Under TSCA section 12(b) and the implementing regulations at 40 CFR 
part 707, subpart D, exporters must notify EPA if they export or intend 
to export a chemical substance or mixture for which, among other 
things, a rule has been proposed or promulgated under TSCA section 5. 
As explained in Unit I. and Unit III.B., export notifications are 
required for asbestos, but not for articles containing asbestos. 
Asbestos-containing articles are not subject to the export notification 
requirements; therefore, EPA assumes no additional costs under TSCA 
section 12(b) for this rule.

C. Import or Processing Chemical Substances as Part of an Article

    In making inapplicable the exemption relating to persons that 
import or process certain chemical substances as part of an article, 
this action may affect firms that plan to import or process types of 
articles that may contain the asbestos. Some firms have an 
understanding of the contents of the articles they import or process. 
However, EPA acknowledges that importers and processors of articles may 
have varying levels of knowledge about the chemical content of the 
articles that they import or process. These parties may need to become 
familiar with the requirements of the rule. And, while not required by 
the SNUR, these parties may take additional steps to determine whether 
the subject chemical substance is part of the articles they are 
considering for importing or processing. This determination may involve 
activities such as gathering information from suppliers along the 
supply chain and/or testing samples of the article itself. Costs vary 
across the activities chosen and the extent of familiarity a firm has 
regarding the articles it imports or processes. Cost ranges are 
presented in the document entitled Understanding the Costs Associated 
with Eliminating Exemptions for Articles in SNURs (Ref. 27). Based on 
available information, EPA believes that article importers or 
processors that choose to investigate their products would incur costs 
at the lower end of the ranges presented in the Economic Analysis. For 
those companies choosing to undertake actions to assess the composition 
of the articles they import or process, EPA expects that importers or 
processors would take actions that are commensurate with the company's 
perceived likelihood that a chemical substance might be a part of an 
article for the significant new uses subject to this rulemaking 
(identified in Table 1) and the resources it has available. Example 
activities and their costs are provided in the accompanying Economic 
Analysis of this rule (Ref. 11).

X. Alternatives

    Before proposing this SNUR, EPA considered the following 
alternative regulatory action: Promulgate a TSCA section 8(a) Reporting 
Rule.
    Under a TSCA section 8(a) rule, EPA could, among other things, 
generally require persons to report information to the Agency when they 
manufacture (including import) or process a chemical substance for a 
specific use or any use. However, for asbestos, the use of TSCA section 
8(a) rather than SNUR authority would have several limitations. First, 
if EPA were to require reporting under TSCA section 8(a) instead of 
TSCA section 5(a), that action would not ensure that EPA receives 
timely advance notice of future manufacturing (including importing) or 
processing of asbestos (including as part of an article and components 
thereof) for new uses that may produce changes in human and 
environmental exposures. Nor would action under 8(a) ensure that an 
appropriate determination (relevant to the risks of such manufacturing 
(including importing) or processing) has been issued prior to the 
commencement of such manufacturing (including importing) or processing. 
Furthermore, a TSCA section 8(a) rule would not ensure that 
manufacturing (including importing) or processing for the significant 
new use cannot proceed until EPA has responded to the circumstances by 
taking the required actions under TSCA sections 5(e) or 5(f) in the 
event that EPA determines any of the following: (1) That the 
significant new use presents an unreasonable risk under the conditions 
of use (without consideration of costs or other non-risk factors, and 
including an unreasonable risk to a potentially exposed or susceptible 
subpopulation identified as relevant by EPA); (2) that the information 
available to EPA is insufficient to permit a reasoned evaluation of the 
health and environmental effects of the significant new use; (3) that 
in the absence of sufficient information, the manufacture (including 
import), processing, distribution in commerce, use, or disposal of the 
substance, or any combination of such activities, may present an 
unreasonable risk (without consideration of costs or other non-risk 
factors, and including an unreasonable risk to a potentially exposed or 
susceptible subpopulation identified as relevant by EPA); or (4) that 
there is substantial production and sufficient potential for 
environmental release or human exposure (as defined in TSCA section 
5(a)(3)(B)(ii)(II)).
    In view of the level of health concerns about asbestos if used for 
a significant new use, EPA believes that a TSCA section 8(a) rule for 
this substance would not meet EPA's regulatory objectives.

XI. Scientific Standards, Evidence, and Available Information

    EPA has used scientific information, technical procedures, 
measures, methods, protocols, methodologies, and models consistent with 
the science standards required under TSCA section 26(h), as applicable, 
to determine whether a particular use would be a significant new use, 
based on relevant factors including those listed under TSCA section 
5(a)(2). As noted in Unit III., EPA's decision to promulgate a SNUR for 
a particular chemical use need not be based on an extensive evaluation 
of the hazard, exposure, or potential risk associated with that use.
    The clarity and completeness of the data, assumptions, methods, 
quality assurance, and analyses employed in EPA's decision are 
documented, as applicable and to the extent necessary for purposes of 
this significant new use rule, in Unit II. and in the references cited 
throughout the preamble of this rule. EPA recognizes, based on the 
available information, that there is variability and uncertainty in 
whether any particular significant new use would actually present an 
unreasonable risk. For precisely this reason, it is appropriate to 
secure a future notice and review process for these uses, at such time 
as they are known more definitively. The extent to which the various 
information, procedures, measures, methods, protocols, methodologies or 
models used in EPA's decision have been subject to independent 
verification or peer review is adequate to justify their use, 
collectively, in the record for a significant new use rule.

XII. Response to Public Comment

    The Agency received a total of 17,912 comments in response to the 
proposed rule under docket ID number EPA-HQ-OPPT-2018-0159. The public 
comment period began on June 11, 2018 and ended August 10, 2018. Of the 
17,912 public comments received, 11,732 are part of a mass mail 
campaign, 240 are from a second mass mail campaign, 67 are not posted 
in the public docket due to inappropriate language, and 5,873 
individual comments are identified by

[[Page 17357]]

ID number, posted in the docket, and available to view on 
regulations.gov at https://www.regulations.gov/docket?D=EPA-HQ-OPPT-2018-0159.
    Over 90% (5,386) of the individual comments received on the 
proposed Asbestos SNUR are anonymous. The majority of comments are 
generally considered not germane to the proposed rule considering the 
purpose and effect of the action, but, where appropriate, they are 
associated with one of the comment topics and addressed in EPA's 
Response to Comments document (Ref. 3). Upon careful review, EPA has 
identified the following seven general themes throughout the public 
comments:
    1. The purpose of the proposed Asbestos SNUR.
    2. Extend the comment period.
    3. Ban asbestos.
    4. Explain EPA's review process of Significant New Use Notices.
    5. Provide clarification: Recycling and disposal.
    6. Broaden the scope of the SNUR.
    7. Economic Analysis.
    EPA received thousands of comments pertaining to the purpose of the 
proposed Asbestos SNUR as well as the request that EPA ban the use of 
asbestos in the United States. Due to the overwhelming number of 
comments on these two topics, the Agency does not cite each relevant 
comment by ID number in the Response to Comments document. As for the 
other public comment topics of the proposed rule listed earlier in this 
unit, the Agency specifically cites in the Response to Comments 
document 17 substantive public comments, which may address multiple 
aspects of the proposed rule.

XIII. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket, EPA-HQ-OPPT-2018-0159, 
includes these documents and other information considered by EPA, 
including documents that are referenced within the documents that are 
included in the docket, even if the referenced document is not 
physically located in the docket. For assistance in locating these 
other documents, please consult the technical person listed under FOR 
FURTHER INFORMATION CONTACT.

1. U.S. Environmental Protection Agency. (EPA, 1989). Regulatory 
Impact Analysis of Controls on Asbestos and Asbestos Products: Final 
Report: Volume III. (5601989ICF001). Washington, DC: Office of Toxic 
Substances, U.S. Environmental Protection Agency.
2. U.S. Environmental Protection Agency. (EPA, 2018). Problem 
Formulation of the Risk Evaluation for Asbestos. Retrieved from 
https://www.epa.gov/sites/production/files/2018-06/documents/asbestos_problem_formulation_05-31-18.pdf.
3. U.S. Environmental Protection Agency. (EPA, 2019). Response to 
Comments on the Proposed Asbestos Significant New Use Rule.
4. National Toxicology Program. (NTP, 2016). Report on Carcinogens, 
Fourteenth Edition.; Research Triangle Park, NC: U.S. Department of 
Health and Human Services, Public Health Service. Retrieved from 
https://ntp.niehs.nih.gov/ntp/roc/content/profiles/asbestos.pdf.
5. U.S. Environmental Protection Agency. (EPA, 1988). IRIS summary 
for asbestos (CASRN 1332-21-4). Washington, DC: Integrated Risk 
Information System. Retrieved from http://cfpub.epa.gov/ncea/iris/iris_documents/documents/subst/0371_summary.pdf.
6. Agency for Toxic Substances and Disease Registry. (ATSDR, 2001). 
Toxicological profile for asbestos (update). Retrieved from https://www.atsdr.cdc.gov/ToxProfiles/tp.asp?id=30&tid=4.
7. International Agency for Research on Cancer. (IARC, 2012). A 
review of human carcinogens. Part C: Arsenic, metals, fibres, and 
dusts IARC Monograph. Lyon, France: World Health Organization. 
Retrieved from http://monographs.iarc.fr/ENG/Monographs/vol100C/mono100C.pdf.
8. International Agency for Research on Cancer. (IARC, 1977). IARC 
monographs on the evaluation of carcinogenic risk of chemicals to 
man: Asbestos. Lyon, France: World Health Organization. Retrieved 
from http://monographs.iarc.fr/ENG/Monographs/vol1-42/mono14.pdf.
9. International Agency for Research on Cancer. (IARC, 1987). 
Asbestos and certain asbestos compounds IARC Monograph. In IARC 
Monographs on the Evaluation of Carcinogenic Risks to Humans (pp. 
106-116). Lyon, France. Retrieved from http://monographs.iarc.fr/ENG/Monographs/suppl7/index.php.
10. U.S. Environmental Protection Agency. (EPA, 2017). Scope of the 
Risk Evaluation for Asbestos. Retrieved from https://www.regulations.gov/document?D=EPA-HQ-OPPT-2016-0736-0086.
11. U.S. Environmental Protection Agency. (EPA, 2019). Economic 
Analysis for the Significant New Use Rule for Asbestos--Final Rule.
12. U.S. Geological Survey. (USGS, 2018). Mineral Commodity 
Summaries 2019. Washington, DC: U.S. Department of the Interior. 
Retrieved from https://minerals.usgs.gov/minerals/pubs/commodity/asbestos/mcs-2019-asbes.pdf.
13. U.S. Environmental Protection Agency. (EPA, 2017). Use and 
Market Profile for Asbestos. Retrieved from https://www.regulations.gov/document?D=EPA-HQ-OPPT-2016-0736-0085.
14. U.S. Environmental Protection Agency. (EPA, 2017). Preliminary 
Information on Manufacturing, Processing, Distribution, Use, and 
Disposal: Asbestos. Retrieved from https://www.regulations.gov/document?D=EPA-HQ-OPPT-2016-0736-0005.
15. U.S. Geological Survey. (USGS, 2017). Mineral Commodity 
Summaries: Asbestos. Retrieved from https://minerals.usgs.gov/minerals/pubs/commodity/asbestos/mcs-2017-asbes.pdf.
16. National Toxicology Program. (NTP, 1980). First Annual Report on 
Carcinogens. Retrieved from https://ntrl.ntis.gov/NTRL/dashboard/searchResults/titleDetail/PB84122852.xhtml.
17. National Research Council. (NRC, 2006). Asbestos: Selected 
cancers. Institute of Medicine (US) Committee on Asbestos: Selected 
Health Effects. Washington, DC: The National Academies Press.
18. National Research Council. (NRC, 1983). Drinking Water and 
Health. Washington, DC: Safe Drinking Water Committee, Board on 
Toxicology and Environmental Health Hazards. Retrieved from http://dx.doi.org/10.17226/326.
19. U.S. Environmental Protection Agency. (EPA, 1980). Ambient water 
quality criteria for asbestos EPA Report. (EPA/440/5-80/022). 
Washington, DC.
20. Anderson, P.H. and Farino, W.J. (1982). Analysis of Fiber 
Release from Certain Asbestos Products. Draft Final Report. Prepared 
by GCA Corporation for the U.S. Environmental Protection Agency. 
Retrieved from https://nepis.epa.gov/Exe/ZyPDF.cgi/9101PBZ6.PDF?Dockey=9101PBZ6.PDF.
21. 40 CFR part 61, subpart M, Asbestos National Emission Standards 
for Hazardous Air Pollutants (NESHAP). Retrieved from https://www.govinfo.gov/content/pkg/CFR-2015-title40-vol9/pdf/CFR-2015-title40-vol9-part61-subpartM.pdf.
22. Virta, R. (2011). Asbestos. Kirk-Othmer Encyclopedia of Chemical 
Technology. Retrieved from http://onlinelibrary.wiley.com/doi/10.1002/0471238961.0119020510151209.a01.pub3/pdf.
23. U.S. Environmental Protection Agency. (EPA, 2018). Chemical Use 
Outreach Phone Call with Mexalit and EPA to Discuss Asbestos in 
Products Exported to the United States.
24. American Water Works Association. (AWWA, March 21, 2019). Letter 
regarding Asbestos; Significant New Use Rule, Docket No. EPA-HQ-
OPPT-2018-0159.
25. U.S. Environmental Protection Agency. (EPA, 2018). Chemical Use 
Outreach Phone Call with Textiles T[eacute]cnicos and EPA to Discuss 
Asbestos in Products Exported to the United States.
26. U.S. Environmental Protection Agency. (EPA, 1984). Significant 
New Uses of Chemical Substances; Certain Chemicals. 49 FR 35014, 
September 5, 1984 (FRL-2541-8).
27. U.S. Environmental Protection Agency. (EPA, 2013). Understanding 
the Costs Associated with Eliminating Exemptions for Articles in 
SNURs. May 1, 2013.

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XIV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action under Executive 
Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, 
January 21, 2011, and was therefore not submitted to the Office of 
Management and Budget (OMB) for review.

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not expected to be a regulatory action subject to 
Executive Order 13771 (82 FR 9339, February 3, 2017), because this 
action is not a significant regulatory action under Executive Order 
12866.

C. Paperwork Reduction Act (PRA)

    According to PRA, 44 U.S.C. 3501 et seq., an agency may not conduct 
or sponsor, and a person is not required to respond to a collection of 
information that requires OMB approval under the PRA, unless it has 
been approved by OMB and displays a currently valid OMB control number. 
The OMB control numbers for EPA's regulations in Title 40 of the CFR, 
after appearing in the Federal Register, are listed in 40 CFR part 9, 
and included on the related collection instrument, or form, as 
applicable. EPA is amending the table in 40 CFR part 9 to list the OMB 
approval number for the information collection requirements contained 
in this action. This listing of the OMB control numbers and their 
subsequent codification in the CFR satisfies the display requirements 
of PRA and OMB's implementing regulations at 5 CFR part 1320. This 
Information Collection Request (ICR) was previously subject to public 
notice and comment prior to OMB approval, and given the technical 
nature of the table, EPA finds that further notice and comment to amend 
it is unnecessary. As a result, EPA finds that there is ``good cause'' 
under section 553(b)(3)(B) of the Administrative Procedure Act (5 
U.S.C. 553(b)(3)(B)) to amend this table without further notice and 
comment.
    This action does not impose any burden requiring additional OMB 
approval. Burden is defined in 5 CFR 1320.3(b). The information 
collection activities associated with existing chemical SNURs are 
already approved under OMB control number 2070-0038 (EPA ICR No. 1188); 
and the information collection activities associated with export 
notifications are already approved under OMB control number 2070-0030 
(EPA ICR No. 0795). If an entity were to submit a SNUN to the Agency, 
the burden is estimated to be approximately 100 hours per response 
(slightly less for submitters who have already registered to use the 
electronic submission system). This burden estimate includes the time 
needed to review instructions, search existing data sources, gather and 
maintain the data needed, and complete, review, and submit the required 
information.
    Send any comments about the accuracy of the burden estimate, and 
any suggested methods for minimizing respondent burden, including 
through the use of automated collection techniques, to the Director, 
Regulatory Support Division, Office of Mission Support (2822T), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, 
DC 20460-0001. Please remember to include the OMB control number in any 
correspondence, but do not send any completed regulatory submissions to 
this address.

D. Regulatory Flexibility Act (RFA)

    Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., I 
certify that promulgation of this SNUR would not have a significant 
economic impact on a substantial number of small entities. The 
rationale supporting this conclusion is as follows.
    A SNUR applies to any person (including small or large entities) 
who intends to engage in any activity described in the rule as a 
``significant new use.'' By definition of the word ``new'' and based on 
all information currently available to EPA, it appears that no small or 
large entities presently engage in such activities. Since this SNUR 
will require a person who intends to engage in such activity in the 
future to first notify EPA by submitting a SNUN, no economic impact 
will occur unless someone files a SNUN to pursue a significant new use 
in the future or forgoes profits by avoiding or delaying the 
significant new use. Although some small entities may decide to conduct 
such activities in the future, EPA cannot presently determine how many, 
if any, there may be. However, EPA's experience to date is that, in 
response to the promulgation of SNURs covering over 1,000 chemical 
substances, the Agency receives only a handful of notices per year. 
During the six-year period from 2005-2010, only three submitters self-
identified as small in their SNUN submissions (Ref. 11). EPA believes 
the cost of submitting a SNUN is relatively small compared to the cost 
of developing and marketing a chemical new to a firm or marketing a new 
use of the chemical and that the requirement to submit a SNUN generally 
does not have a significant economic impact.
    Therefore, EPA believes that the potential economic impact of 
complying with this SNUR is not expected to be significant or adversely 
impact a substantial number of small entities. In a SNUR that published 
as a final rule on August 8, 1997 (62 FR 42690) (FRL-5735-4), the 
Agency presented its general determination that proposed and final 
SNURs are not expected to have a significant economic impact on a 
substantial number of small entities.

E. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with SNURs, State, local, and Tribal 
governments have not been impacted by these rulemakings, and EPA does 
not have any reason to believe that any State, local, or Tribal 
government would be impacted by this rulemaking. As such, the 
requirements of sections 202, 203, 204, or 205 of UMRA, 2 U.S.C. 1531-
1538, do not apply to this action.

F. Executive Order 13132: Federalism

    This action will not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will 
not have substantial direct effect on States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000), because it will 
not have any effect on tribal governments, on the relationship between 
the Federal Government and the Indian tribes, or on the distribution of 
power and responsibilities between the Federal Government and Indian 
tribes.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997) because it is not economically significant as defined 
in Executive Order 12866, and because EPA does not

[[Page 17359]]

believe the environmental health or safety risks addressed by this 
action present a disproportionate risk to children. EPA interprets 
Executive Order 13045 as applying only to those regulatory actions that 
concern environmental health or safety risks that EPA has reason to 
believe may disproportionately affect children, per the definition of 
``covered regulatory action'' in section 2-202 of the Executive Order. 
This SNUR will prohibit the discontinued uses of asbestos from 
restarting without EPA having an opportunity to evaluate each intended 
use (i.e., significant new use) for potential risks to health and the 
environment and take any necessary regulatory action, as appropriate.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have any effect on energy supply, distribution, or use.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve any technical standards and is 
therefore not subject to considerations under section 12(d) of NTTAA, 
15 U.S.C. 272 note.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    This action will not have disproportionately high and adverse human 
health or environmental effects on minority or low-income populations 
as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action does not affect the level of protection provided to human 
health or the environment.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801-808, and EPA will 
submit a rule report to each House of the Congress and to the 
Comptroller General of the United States. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 721

    Environmental protection, Chemicals, Hazardous substances, Imports, 
Labeling, Occupational safety and health, Reporting and recordkeeping 
requirements.

    Dated: April 17, 2019.
Alexandra Dapolito Dunn,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, 40 CFR parts 9 and 721 are amended as follows:

PART 9--[AMENDED]

0
1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.

0
2. In Sec.  9.1, add in numerical order under the undesignated center 
heading ``Significant New Uses of Chemical Substances'' and entry for 
``721.11095'' to read as follows:


Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
                   40 CFR citation                      OMB control No.
------------------------------------------------------------------------
 
                                * * * * *
------------------------------------------------------------------------
               Significant New Uses of Chemical Substances
------------------------------------------------------------------------
 
                                * * * * *
721.11095............................................          2070-0012
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

PART 721--[AMENDED]

0
3. The authority citation for part 721 continues to read as follows:

    Authority: 15 U.S.C. 2604, 2607, and 2625(c).


0
4. Add Sec.  721.11095 to read as follows:


Sec.  721.11095  Asbestos.

    (a) Chemical substance and significant new use subject to 
reporting. (1) The chemical substance identified as asbestos (as 
defined by 15 U.S.C. 2642(3) as the asbestiform varieties of chrysotile 
(serpentine), crocidolite (riebeckite), amosite (cummingtonite-
grunerite), anthophyllite, tremolite or actinolite) is subject to 
reporting under this section for the significant new use described in 
paragraph (a)(2) of this section except as provided by paragraph (a)(3) 
of this section.
    (2) Except as provided by paragraph (a)(3) of this section, the 
significant new use of the chemical substance identified in paragraph 
(a)(1) of this section is: Manufacturing (including importing) or 
processing for any of the following uses:
    (i) Adhesives, sealants, roof and non-roof coatings;
    (ii) Arc chutes;
    (iii) Beater-add gaskets;
    (iv) Cement products;
    (v) Extruded sealant tape and other tape;
    (vi) Filler for acetylene cylinders;
    (vii) Friction materials;
    (viii) High grade electrical paper;
    (ix) Millboard;
    (x) Missile liner;
    (xi) Packings;
    (xii) Pipeline wrap;
    (xiii) Reinforced plastics;
    (xiv) Roofing felt;
    (xv) Separators in fuel cells and batteries;
    (xvi) Vinyl-asbestos floor tile;
    (xvii) Woven products;
    (xviii) Other building products; or
    (xix) Any other use of asbestos.
    (3) Exceptions. (i) The significant new use identified in (a)(2) of 
this section does not include manufacturing (including importing) or 
processing for the following uses of the asbestiform variety of 
chrysotile (serpentine) asbestos:
    (A) Diaphragms for use in chorine and sodium hydroxide production;
    (B) Sheet gaskets for use in chemical manufacturing;
    (C) Brake blocks in oil drilling equipment;
    (D) Aftermarket automotive brakes/linings;
    (E) Other vehicle friction products; or
    (F) Other gaskets.
    (ii) The significant new use does not include the manufacture 
(including importation) or processing of the asbestos-containing 
products identified in Sec.  763.165, which continue to be prohibited 
pursuant to 40 CFR part 763, subpart I.
    (b) Specific requirements. (1) 40 CFR 721.45(f) does not apply to 
this section. A person who intends to manufacture (including import) or 
process the substance identified in paragraph (a)(1) of this section 
for the significant new use identified in paragraph (a)(2) of this 
section as part of an article is subject to the notification provisions 
of Sec.  721.25.
    (2) Any person who submits a significant new use notice for the 
substance identified in paragraph (a)(1) of this section for the 
significant new

[[Page 17360]]

use identified in paragraph (a)(2) of this section must include with 
the notice adequate documentation or supporting information in the 
submitter's possession or control that the intended use is not subject 
to the prohibitions identified in 40 CFR part 763, subpart I.

[FR Doc. 2019-08154 Filed 4-24-19; 8:45 am]
BILLING CODE 6560-50-P


