[Federal Register Volume 87, Number 88 (Friday, May 6, 2022)]
[Proposed Rules]
[Pages 27060-27081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09533]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 704

[EPA-HQ-OPPT-2021-0357; FRL-8632-02-OCSPP]
RIN 2070-AK99


Asbestos; Reporting and Recordkeeping Requirements Under the 
Toxic Substances Control Act (TSCA)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
reporting and recordkeeping requirements for asbestos under the Toxic 
Substances Control Act (TSCA). EPA proposes to require certain persons 
that manufactured (including imported) or processed asbestos and 
asbestos-containing articles (including as an impurity) in the four 
years prior to the date of publication of the final rule to 
electronically report certain exposure-related information. This action 
would result in a one-time reporting obligation. EPA emphasizes that 
this proposed requirement would include asbestos that is a component of 
a mixture. The information sought includes quantities of asbestos 
(including asbestos that is a component of a mixture) and asbestos-
containing articles that were manufactured (including imported) or 
processed, types of use, and employee data. Reported information would 
be used by EPA and other Federal agencies in considering potential 
future actions, including risk evaluation and risk management 
activities. EPA is requesting public comment on all aspects of this 
proposed rule and has also identified items of particular interest for 
public input.

DATES: Comments must be received on or before July 5, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2021-0357, through the Federal eRulemaking 
Portal at https://www.regulations.gov. Follow the online instructions 
for submitting comments. Do not submit electronically any information 
you consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19, the EPA 
Docket Center (EPA/DC) and Reading Room is open to visitors by 
appointment only. For the latest status information on EPA/DC services 
and access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Daniel R. Ruedy, Data Gathering 
and Analysis Division (Mailcode: 7406M), Office of Pollution Prevention 
and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460-0001; telephone number: (202) 564-7974; 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:

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(defined by statute to include import) or process asbestos. Any use of 
the term ``manufacture'' in this document will encompass ``import,'' 
and the term ``manufacturer'' will encompass ``importer.'' Any use of 
the term ``asbestos'' will apply to asbestos in bulk form, in an 
article, or as an impurity, or as a component of a mixture. For a more 
thorough discussion of the subject asbestos forms, please see Unit 
III.A. of this document. You may also be potentially affected by this 
action if you manufacture (including import) or process other chemical 
substances or mixtures not on the TSCA inventory if they include 
asbestos.
    The following list of North American Industry Classification System 
(NAICS) codes are provided to assist in determining whether this action 
might apply to you. This list 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 entities 
identified in:
     NAICS code 211--Oil and Gas Extraction;
     NAICS code 212--Mining (except Oil and Gas);
     NAICS code 325--Chemical Manufacturing;
     NAICS code 327--Nonmetallic Mineral Product Manufacturing;
     NAICS code 332--Fabricated Metal Product Manufacturing;
     NAICS code 336--Transportation Equipment Manufacturing;
     NAICS code 339--Miscellaneous Manufacturing;

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     NAICS code 447--Gasoline Stations; and
     NAICS code 811--Repair and Maintenance.
    Additionally, you should carefully examine the proposed regulatory 
text in this document to determine if your business would be impacted 
by this rule. If you have any questions regarding the applicability of 
this action to a particular entity, consult the technical contact 
person listed under FOR FURTHER INFORMATION CONTACT.

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

    EPA is proposing this action under the authority of section 8(a) of 
the Toxic Substances Control Act (TSCA), 15 U.S.C. 2607(a), which 
generally authorizes EPA to promulgate rules that require each person, 
other than small manufacturers (including importers) or processors, who 
manufactures (including import) or processes, or proposes to 
manufacture (including import) or process, the chemical substance 
identified in the rule, to maintain such records and submit such 
reports as the EPA Administrator may reasonably require.
    Although TSCA section 8(a)(1) provides an express exemption for 
small manufacturers (including importers) and processors, TSCA section 
8(a)(3) enables EPA to require small manufacturers (including 
importers) and processors to report under TSCA section 8(a) with 
respect to a chemical substance that is the subject of a rule proposed 
or promulgated under TSCA sections 4, 5(b)(4), or 6, or is the subject 
of an order in effect under TSCA sections 4 or 5(e), a consent 
agreement under TSCA section 4, or relief that has been granted under a 
civil action under TSCA sections 5 or 7. Asbestos is subject to TSCA 
section 6 rulemaking under the Asbestos Ban and Phaseout rule of 1989 
(Ref. 1). A portion of this rule was overturned in Corrosion Proof 
Fittings v. EPA, 947 F.2d 1201 (5th Cir. 1991), however, a portion 
remains. The remaining portion of EPA's 1989 asbestos ban and phaseout 
rule prohibits the manufacture, importation, processing, and 
distribution in commerce of: Commercial Paper, Corrugated Paper, 
Rollboard, 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). See 40 CFR 763.160 et seq. Thus 
EPA proposes to exercise its authority provided under TSCA section 
8(a)(3)(A)(ii) to require small manufacturers (including importers) and 
processors of asbestos or asbestos-containing mixtures (other than 
Libby Amphibole asbestos) to maintain records and submit reports. Libby 
Amphibole asbestos is not subject to an applicable proposed or 
promulgated rule under TSCA sections 4, 5(b)(4) or 6, an order in 
effect under TSCA section 4 or 5(e), or a consent agreement under TSCA 
section 4, nor is it the subject of relief that has been granted under 
a civil action under TSCA section 5 or 7. Therefore, small 
manufacturers (including importers) and processors of Libby Amphibole 
asbestos are expected to be exempt from this proposed reporting and 
recordkeeping rule. For a more thorough discussion of the proposed 
reporting for small manufacturers (including importers) and processors, 
see Unit III.B.
    TSCA section 8(a)(1)(A) also excludes from the scope of EPA's 
regulatory authority under that paragraph any manufacturer (including 
importer) or processor of ``a chemical substance described in 
subparagraph (B)(ii).'' TSCA section 8(a)(1)(B)(ii), in turn, provides 
EPA authority to require recordkeeping and reporting by each person 
(other than a small manufacturer [including importer] or processor) who 
manufactures (including imports) or processes, or proposes to 
manufacture (including import) or process, a chemical substance ``in 
small quantities . . . solely for purposes of scientific 
experimentation or analysis or chemical research on, or analysis of, 
such substance or another substance, including any such research or 
analysis for the development of a product,'' but only to the extent EPA 
determines the recordkeeping and/or reporting is necessary for the 
effective enforcement of TSCA. EPA is not proposing to require 
recordkeeping or reporting by persons who manufacture (including 
import) or process, or propose to manufacture (including import) or 
process, asbestos in small quantities solely for research or analysis 
for the development of a product as described in TSCA section 
8(a)(1)(B)(ii). ``Small quantities solely for research and 
development'' is defined in 40 CFR 704.3 to mean quantities of a 
chemical substance manufactured, imported, or processed or proposed to 
be manufactured, imported, or processed solely for research and 
development that are not greater than reasonably necessary for such 
purposes.
    TSCA section 14 imposes requirements for the assertion, 
substantiation, and review of information that is claimed as 
confidential under TSCA (also known as confidential business 
information or CBI. Some information submitted at the time of the 
proposed reporting under this rule may be claimed as confidential.

C. What action is the Agency taking?

    EPA is proposing to require asbestos manufacturers (including 
importers) and processors to report to EPA certain information known to 
or reasonably ascertainable by those entities. For this action, the 
term ``asbestos'' includes various forms of asbestos, including Libby 
Amphibole asbestos, as described in more detail in Unit III.A. of this 
document. The following is a brief list of the primary data 
requirements being proposed. These proposed requirements are described 
in detail in Unit III.
    1. Asbestos domestic manufacturers (Asbestos Mine and Mill): The 
provisions in this proposed rule would require asbestos domestic 
manufacturers to provide the quantity manufactured per asbestos type, 
use, and employee exposure information to EPA. This would include 
situations in which asbestos is being mined or milled as an intentional 
or non-intentional impurity, such as in vermiculite and talc.
    2. Asbestos importers: The provisions in this proposed rule would 
require importers of asbestos to provide the quantity imported per 
asbestos type, use, and employee exposure information. This includes 
importers of mixtures containing asbestos, articles containing asbestos 
components, and impurities (in articles, bulk materials, or mixtures, 
such as in talc and vermiculite).
    3. Asbestos processors: The provisions of the proposed rule would 
require processors of asbestos (including processors of mixtures or 
articles) to provide the quantity processed per asbestos type, use, and 
employee exposure information. This includes both primary processors 
and secondary processors of asbestos, as described in Units III.F.3. 
and 4. This would include situations in which asbestos is appearing as 
an intentional or non-intentional impurity, such as in vermiculite and 
talc.

D. Why is the Agency taking this action?

    The Agency is proposing this action to obtain certain information 
known to or reasonably ascertainable by manufacturers (including 
importers) and processors of asbestos that EPA believes would help the 
Agency better understand the exposures and uses associated with 
asbestos, including asbestos in articles and as an impurity (in 
articles, bulk materials, or mixtures, such as in talc and 
vermiculite), that fall under the scope of this proposal. Reported 
information would be used by EPA and other Federal agencies in

[[Page 27062]]

considering potential actions involving asbestos, including EPA's TSCA 
risk evaluation and risk management activities. This action is also 
subject to a settlement agreement, as discussed in Unit II.C.4. of this 
document. For a more thorough discussion of the TSCA risk evaluation 
and risk management process, please see Unit II.C.5. of this document.

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

    EPA has prepared an economic analysis (Ref. 2) of the potential 
impacts associated with this proposed rule. The primary purpose of this 
proposed rule is the collection of detailed data on asbestos uses and 
exposures. Reported information would be used by EPA and other Federal 
agencies in considering potential actions involving asbestos, including 
EPA's TSCA risk evaluation and risk management activities. EPA 
estimates that at least 18 firms may submit reports for 27 sites based 
on the intentional manufacturing (including importing) or processing of 
asbestos, including mixtures and articles containing asbestos. EPA does 
not currently have information on the extent to which asbestos occurs 
as an impurity in products that are currently manufactured (including 
imported) or processed in the U.S., so the number of firms that may 
report for impurities is not estimated.
    The industry is expected to incur one-time burdens and costs 
associated with rule familiarization, form completion, CBI claim 
substantiation, recordkeeping, and electronic reporting activities. 
Where asbestos is intentionally manufactured (including imported) or 
processed, the estimated average burden and cost per site ranges from 
approximately 12 hours and $1,146 to 26 hours and $2,265, depending on 
the type of activities the respondent is engaged in and the information 
known to or reasonably ascertainable by them. For products where 
asbestos occurs as an impurity, the estimated average burden and cost 
per site ranges from approximately 17 hours and $1,573 to 40 hours and 
$3,334, again depending on the type of activities and the information 
that is known to or reasonably ascertainable. EPA estimates a total 
industry quantified burden of approximately 1,157 hours, with a 
quantified total cost of approximately $99,496.
    EPA estimates that at least 14 small firms, which included article 
importers, will be affected by the proposed rule. Of those small firms, 
12 are expected to have cost impacts of less than 1% of annual 
revenues, one is expected to have impacts between 1-3%, and one is 
expected to have impacts of more than 3% of annual revenues. Again, 
these estimates do not include firms that are impacted by the 
requirement to report for impurities. The Agency is expected to incur a 
cost of $560,343. The total social burden and cost are therefore 
estimated to be approximately 1,157 hours and $659,839, respectively 
(Refs. 2 and 3).

F. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Background

A. What is TSCA section 8(a)?

    TSCA section 8(a)(1) generally authorizes EPA to promulgate rules 
that require entities, other than small manufacturers (including 
importers) or processors, who manufacture (including import) or 
process, or propose to manufacture (including import) or process, a 
chemical substance to maintain such records and submit such reports as 
the EPA Administrator may reasonably require.
    Under TSCA section 8(a)(2), EPA may require reporting and 
recordkeeping of the following information:
     The common or trade name, chemical identity and molecular 
structure of each chemical substance or mixture;
     Categories or proposed categories of use for each 
substance or mixture;
     Total amount of each substance or mixture manufactured 
(including imported) or processed, the amounts manufactured (including 
imported) or processed for each category of use, and reasonable 
estimates of the respective amounts to be manufactured (including 
imported) or processed for each of its categories of use or proposed 
categories of use;
     Descriptions of byproducts resulting from the manufacture 
(including import), processing, use, or disposal of each substance or 
mixture;
     All existing information concerning the environmental and 
health effects of each substance or mixture;
     The number of individuals exposed, and reasonable 
estimates of the number of individuals who will be exposed, to each 
substance or mixture in their places of employment and the duration of 
their exposure; and
     The manner or method of disposal of each substance or 
mixture, and any change in such manner or method.

B. What is asbestos?

    Asbestos is one or more of a group of highly fibrous silicate 
minerals that readily separate into long, thin, strong fibers that have 
sufficient flexibility to be woven, are heat resistant and chemically 
inert, are electrical insulators, and are therefore suitable for uses 
where incombustible, nonconducting, or chemically resistant materials 
are required.
    Asbestos is a mineral fiber that occurs in rock and soil. Because 
of its fiber strength and heat resistance, asbestos has been used in a 
variety of building construction materials for insulation and as a fire 
retardant. Asbestos has also been used in a wide range of manufactured 
goods, mostly in building materials (roofing shingles, ceiling and 
floor tiles, paper products, and asbestos cement products), friction 
products (automobile clutch, brake, and transmission parts), heat-
resistant fabrics, packaging, gaskets, and coatings (Ref. 3).
    For purposes of this proposed rule, EPA considers ``asbestos'' to 
include the asbestiform varieties included in the definition of 
asbestos in TSCA Title II (added to TSCA in 1986), section 202 and 
Libby Amphibole asbestos. ``Asbestos'' is defined in TSCA Title II, 
section 202 as the asbestiform varieties of six fiber types--chrysotile 
(serpentine), crocidolite (riebeckite), amosite (cummingtonite-
grunerite), anthophyllite, tremolite or actinolite. The general CAS 
Registry Number (CASRN) of asbestos is 1332-21-4; this is the only 
asbestos on the TSCA Inventory. However, CASRNs are also available for 
specific fiber types. See Unit III.A.1. for additional discussion.
    In addition, EPA is proposing to include reporting for Libby 
Amphibole asbestos (mainly consisting of tremolite ([CASRN 77536-68-6], 
winchite

[[Page 27063]]

[CASRN 12425-92-2], and richterite [CASRN 17068-76-7]) to identify if 
this particular type of asbestos continues to be manufactured 
(including imported) or processed in the United States. The term 
``Libby Amphibole asbestos'' is used in this document to identify the 
naturally occurring mixture of amphibole mineral fibers of varying 
elemental composition (winchite, richterite, tremolite, etc.) that have 
been identified in the Rainy Creek complex near Libby, Montana (Ref. 
4). EPA does not anticipate that there is ongoing manufacture 
(including import) or processing of the Libby Amphibole asbestos, but 
to help confirm this understanding has included this substance in the 
scope of this proposed rule.
    EPA requests comment on whether reporting on Libby Amphibole 
asbestos' component parts, winchite and richterite, which are not 
asbestos types but are indicative of the presence of Libby Amphibole 
asbestos in a substance, should be included in the scope of this TSCA 
section 8(a) data collection and be reported on individually in 
addition to reporting on Libby Amphibole asbestos (Ref. 5). Any 
reporting on Libby Amphibole asbestos would improve EPA's understanding 
of this substance and would inform risk evaluation activities involving 
asbestos.
    Asbestos is a hazard to human health (Ref. 6). Some of the health 
effects caused by exposure to asbestos are:
     Lung cancer;
     Ovarian cancer;
     Laryngeal cancer; and
     Mesothelioma, a cancer of the thin lining of the lung, 
chest and the abdomen and heart.
    As part of the TSCA Risk Evaluation of chrysotile asbestos 
published in December 2020 (Ref. 6). EPA evaluated the database of 
health effects associated with asbestos exposure cited in U.S. and 
international data sources and reviewed and evaluated scientific 
information on toxicity, exposure, and hazard. Many authorities have 
established that there are causal associations between asbestos 
exposures and cancer (Ref. 7).
    For a more thorough discussion on the asbestos types addressed by 
this proposed rule, see Unit III.A. of this document.

C. What are relevant past and ongoing EPA TSCA actions on asbestos?

1. 1982 Asbestos Reporting Requirements Rule
    In 1982, EPA finalized a rule entitled: ``Asbestos Reporting 
Requirements'' (47 FR 33198, August 30, 1982) (TSH-FRL-2124-4), under 
the authority of TSCA section 8(a) that required one-time reporting to 
EPA by asbestos manufacturers, importers, and processors. The 
information sought included data on the quantities of asbestos used in 
making products, employee exposure data, and waste disposal and 
pollution control equipment data. Reported information was used by EPA 
and other Federal agencies in considering the regulation of asbestos.
    The information gathered as a result of the 1982 data collection 
rule was used in the drafting of the 1989 rule entitled ``Asbestos: 
Manufacture, Importation, Processing, and Distribution in Commerce 
Prohibitions'' (54 FR 29460, July 12, 1989) (FRL-3476-2). In that 
action, EPA used TSCA section 6 authority to ban most asbestos-
containing products. However, most of the ban was overturned in 1991 by 
the Fifth Circuit Court of Appeals. Corrosion Proof Fittings v. EPA, 
947 F.2d 1201 (5th Cir. 1991). As a result, the 1989 asbestos 
regulation only bans new uses of asbestos in products that would be 
initiated ``for the first time'' after 1989 and five other specific 
product types (40 CFR part 763, subpart I).
    It has been nearly 40 years since the 1982 rule was implemented, 
and EPA needs an updated data collection to better understand the 
universe of asbestos types in commerce and the specific entities 
presently manufacturing (including importing) and processing asbestos, 
including asbestos-containing products. This proposal is modeled after 
the 1982 data collection but requires more detailed information from 
manufacturers (including importers) and processors in addition to 
information about asbestos appearing as an impurity.
2. Chemical Data Reporting (CDR) Rule
    In limited circumstances, asbestos has been reported under the 
Chemical Data Reporting (CDR) rule (40 CFR part 711). The CDR rule 
requires manufacturers (including importers) to provide EPA with 
information on the production and use of chemicals in commerce. (Ref. 
8). Under CDR, naturally occurring substances (including asbestos), 
impurities, and chemical substances when imported as part of articles 
are exempted from reporting (Ref. 9). This proposed rule differs from 
the existing CDR universe of data collected as it would: (a) Be a one-
time data collection as opposed to a reoccurring data collection; (b) 
require reporting for naturally-occurring asbestos; (c) require 
processors of asbestos to report (i.e., sites manufacturing (including 
importing) and/or processing asbestos would be subject to this rule); 
and (d) require reporting by entities who are manufacturing (including 
importing), and/or processing asbestos and to whom the asbestos content 
is known or reasonably ascertainable (see TSCA section 8(b)(2)). 
``Known to or reasonably ascertainable by'' would be defined to include 
``all information in a person's possession or control, plus all 
information that a reasonable person similarly situated might be 
expected to possess, control, or know.'' EPA acknowledges that it is 
possible that an importer, particularly an importer of articles 
containing asbestos, may not have knowledge that they have imported 
asbestos and thus not report under this rule, even after they have 
conducted their due diligence under this reporting standard as 
described in this paragraph. Such an importer should document its 
activities to support any claims it might need to make related to due 
diligence. EPA is asking for public comment on importers' anticipated 
ability to know or reasonably ascertain whether those entities import 
asbestos. This proposed rule would also differ from CDR data collection 
as it would apply to impurities and articles, both of which are 
exempted from CDR data collection (40 CFR 711.10(b) & (c)) (Ref. 9, 
Ref. 10).
3. 2019 Significant New Use Rule (SNUR) for Discontinued Uses of 
Asbestos
    In 2019, EPA promulgated a SNUR (84 FR 17345, April 25, 2019) (FRL-
9991-33) for the manufacturing (including import) or processing of 
asbestos for use in adhesives, sealants, and roof and nonroof coatings; 
arc chutes; beater-add gaskets; cement products; extruded sealant tape 
and other tape; filler for acetylene cylinders; friction materials 
(with certain exceptions); 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 was not already prohibited under TSCA or under evaluation 
in the TSCA Risk Evaluation for Asbestos Part 1: Chrysotile Asbestos.
    Activities that were under evaluation in the TSCA Risk Evaluation 
for Asbestos Part 1: Chrysotile Asbestos were not subject to the SNUR 
since there was ongoing manufacturing (including importing) or 
processing for those uses. Those activities not subject to the SNUR 
were manufacturing (including importing) or processing for

[[Page 27064]]

the use of chrysotile in asbestos diaphragms; sheet gaskets; oilfield 
brake blocks; aftermarket automotive brakes/linings; other vehicle 
friction products; and other gaskets. Because all the ongoing uses of 
asbestos identified in the SNUR were of chrysotile, any use of 
crocidolite, amosite, anthophyllite, tremolite, or actinolite would be 
considered a significant new use.
    A person wishing to begin manufacturing, importing, or processing 
asbestos (including as part of an article) for a significant new use 
must first submit a Significant New Use Notice (SNUN) to EPA. Before 
any significant new use of asbestos begins, EPA must evaluate it for 
potential risks to health and the environment and take any necessary 
regulatory action, which may include a prohibition.
4. TSCA Section 21 Petitions on Asbestos
    On September 27, 2018, and January 31, 2019, respectively, 
petitioners Asbestos Disease Awareness Organization et al. (ADAO) (Ref. 
11), and Attorneys General from ten states and the District of Columbia 
(the States) (Ref. 12) submitted petitions under TSCA section 21 (15 
U.S.C. 2620) requesting EPA to amend the CDR Rule in ways that 
petitioners asserted would increase reporting of asbestos. Both 
petitions sought to close alleged asbestos CDR reporting gaps 
(including immediate submission of asbestos reports), remove the 
naturally occurring and byproduct exemptions, lower the reporting 
threshold, require reporting by processors, and eliminate the ability 
to claim information as confidential, in order to maximize the 
information reported to aid the Agency in conducting the ongoing TSCA 
section 6 risk evaluation of asbestos and subsequent TCSA Section 6(a) 
risk management rule (see Unit II.C.3. for more information). EPA 
denied the petitions on December 21, 2018, and April 30, 2019, 
respectively, and issued associated explanations for the denials in the 
Federal Register on February 12, 2019 (84 FR 3396) (FRL-9988-56) and 
May 8, 2019 (84 FR 20062) (FRL-9992-67), respectively, asserting that 
the petitioners failed to demonstrate that it is necessary to amend the 
CDR rule. EPA's denial was also in part due to a timing issue with the 
asbestos risk evaluation. Petitioners filed lawsuits on February 18, 
2019, and June 28, 2019, respectively, in the U.S. District Court in 
the Northern District of California, reiterating concerns about the 
need to amend the CDR rule to increase asbestos reporting. Asbestos 
Disease Awareness Organization v. EPA, No. 19-CV-00871; State of 
California et al. v. EPA, No. 19-CV-03807. The cases were consolidated. 
On December 22, 2020, after full briefing and oral argument, the Court 
issued an opinion granting summary judgment to Plaintiffs and denying 
summary judgment to EPA.
    Following the litigation, EPA reached an agreement with the 
Plaintiffs on June 7, 2021. The parties agreed that no later than nine 
months from the effective date of the agreement (Ref. 13), EPA will 
sign for publication in the Federal Register, a notice of proposed 
action to promulgate a rule pursuant to TSCA section 8(a), 15 U.S.C. 
2607(a), for the maintenance of records and submission to EPA of 
reports by manufacturers (including importers) and processors of 
asbestos (including asbestos that is a component of a mixture), and 
articles containing asbestos (including as an impurity) that address 
the information-gathering deficiencies identified in the Court's 
Summary Judgment Order. Additionally, the parties agreed that no later 
than eighteen months from the effective date of the agreement (Ref. 
13), EPA will sign for publication in the Federal Register a notice of 
final action regarding the proposed TSCA section 8(a) rule.
5. TSCA Risk Evaluation for Asbestos
    Pursuant to TSCA section 6(b)(4)(A), EPA conducts risk evaluations 
to determine whether a chemical substance presents unreasonable risk of 
injury to health or the environment, without consideration of costs or 
non-risk factors, including an unreasonable risk to potentially exposed 
or susceptible subpopulations identified as relevant by the Agency, 
under the conditions of use. (15 U.S.C. 2605(b)(4)(A)).
    EPA is developing the TSCA Risk Evaluation on asbestos in two 
parts. In December 2020, EPA released the TSCA Risk Evaluation for 
Asbestos Part 1: Chrysotile Asbestos (Ref. 6), which determined that 
chrysotile asbestos presents an unreasonable risk of injury to health 
based upon the following conditions of use: Processing and industrial 
use of chrysotile asbestos diaphragms in the chlor-alkali industry; 
processing and industrial use of chrysotile asbestos-containing sheet 
gaskets in chemical production; industrial use and disposal of 
chrysotile asbestos-containing brake blocks in the oil industry; 
commercial use and disposal of aftermarket automotive chrysotile 
asbestos-containing brakes/linings; commercial use and disposal of 
other chrysotile asbestos-containing vehicle friction products; 
commercial use and disposal of other asbestos-containing gaskets; 
consumer use and disposal of aftermarket automotive chrysotile 
asbestos-containing brakes/linings; and consumer use and disposal of 
other asbestos-containing gaskets.
    EPA initially focused the risk evaluation for asbestos on 
chrysotile asbestos as this is the only asbestos type that EPA believes 
is currently imported, processed, or distributed in the U.S. EPA 
informed the public of this decision to focus on ongoing uses of 
asbestos and exclude legacy uses and associated disposals in the Scope 
of the Risk Evaluation for Asbestos document, published in June 2017 
(Ref. 14). However, in late 2019, the court in Safer Chemicals, Healthy 
Families v. EPA, 943 F.3d 397, 426-27 (9th Cir. 2019) held that EPA's 
Risk Evaluation Rule (82 FR 33726, July 20, 2017) (FRL-9964-38) should 
not have excluded ``legacy uses'' (i.e., uses without ongoing or 
prospective manufacturing (including importing), processing, or 
distribution) or ``associated disposals'' (i.e., future disposal of 
legacy uses) from the definition of conditions of use, although the 
court did uphold EPA's exclusion of ``legacy disposals'' (i.e., past 
disposal). Following this court ruling, EPA continued development of 
the risk evaluation for chrysotile asbestos and determined that the 
complete TSCA Risk Evaluation for Asbestos would be issued in two 
parts. The TSCA Risk Evaluation for Asbestos Part 1: Chrysotile 
Asbestos was released in December 2020, allowing the Agency to 
expeditiously move into risk management for the unreasonable risk 
identified in Part 1.
    EPA is currently conducting the TSCA Risk Evaluation for Asbestos 
Part 2: Supplemental Evaluation Including Legacy Uses and Associated 
Disposals of Asbestos. EPA intends to include in Part 2 of the risk 
evaluation the legacy uses and associated disposal of asbestos. For the 
purposes of scoping and risk evaluation, EPA has adopted the definition 
of asbestos as defined by TSCA Title II (added to TSCA in 1986), 
section 202 definition as the ``asbestiform varieties of six fiber 
types--chrysotile (serpentine), crocidolite (riebeckite), amosite 
(cummingtonite-grunerite), anthophyllite, tremolite or actinolite,'' 
The TSCA Title II definition identified five amphibole types of 
asbestos (crocidolite, amosite, anthophyllite, tremolite, and 
actinolite) plus a serpentine type (chrysotile). Part 2 will also 
consider Libby Amphibole Asbestos as well as asbestos present as an 
impurity in talc and other substances. EPA expects that the data 
collected from this proposed rule will

[[Page 27065]]

be used in Part 2 of the TSCA Risk Evaluation for asbestos and will 
also inform risk management actions for asbestos under TSCA section 
6(a).

D. How will EPA use the information proposed to be collected?

    Reported information would be used by EPA and other Federal 
agencies in considering potential actions on asbestos, including EPA's 
TSCA risk evaluation and risk management activities. Reporting 
requirements may provide EPA with baseline information needed to assess 
whether certain ``conditions of use'' of asbestos pose an unreasonable 
risk to health or the environment under TSCA section 6(b). EPA must 
consider reasonably available information as part of the risk 
evaluation process under TSCA section 6(b), and as part of any 
subsequent risk management rulemaking efforts under TSCA section 6(a). 
Reported information would be useful in the risk management stage 
because EPA would consider potential risk management actions taking 
into account relevant information obtained through this rulemaking. 
Understanding the health risks of asbestos and protecting the public, 
including potentially exposed or susceptible subpopulations, from these 
risks is a priority for EPA.
    As part of the risk evaluation process under TSCA section 6(b), EPA 
must determine whether asbestos presents an unreasonable risk of injury 
to health or the environment, without consideration of costs or other 
non-risk factors, including unreasonable risk to relevant potentially 
exposed or susceptible subpopulations, under the conditions of use. EPA 
must also use scientific information and approaches in a manner that is 
consistent with the requirements in TSCA for the best available 
science, and ensure decisions are based on the weight of scientific 
evidence. See TSCA section 26(h) and (i), 15 U.S.C. 2625(h) and (i). In 
order to follow this framework, EPA shall take into consideration 
reasonably available information to inform the Part 2 risk evaluation. 
Data collected by this rule could help to fill potential data gaps that 
EPA may have for asbestos that could better inform Part 2 of the 
asbestos risk evaluation. Following risk evaluation, TSCA mandates that 
EPA take action if the Agency determines that asbestos presents 
unreasonable risk of injury to health or the environment. EPA needs to 
ensure that sufficient information is reasonably available on the uses 
and trends of asbestos activities to develop a risk management rule 
that eliminates the unreasonable risk. The information collected in 
this rulemaking may be available to support the Part II risk evaluation 
and the final risk evaluation document expected by December 1, 2024. 
Additionally, the information collected in this rulemaking will help 
inform risk management following the risk evaluation process.
    For these reasons, EPA believes that the reporting and 
recordkeeping requirements proposed in this document are reasonable. 
See TSCA section 8(a)(1)(A).

III. Summary of Proposed Reporting and Recordkeeping Requirements

A. What chemical substances would be reportable under this rule?

    EPA is proposing to require the reporting of information on 
specific asbestos forms, or if specific information is not known or 
reasonably ascertainable, reporting on ``asbestos'' as it is more 
generally listed on the TSCA Inventory. EPA is also proposing to 
require the reporting of information related to asbestos as it is 
manufactured (including imported) or processed in bulk, as a component 
of a mixture, in an article, or as an impurity in bulk materials or 
products.
    See Units III.A.2 and 3 for more details.
1. Asbestos Forms
    EPA is proposing to obtain manufacturing (including importing) and 
processing information associated with the following different asbestos 
forms, and therefore is proposing to require that reporting be 
completed for each of the forms, to the extent that the information is 
known or reasonably ascertainable. If the specific asbestos type is 
unknown, a submitter would provide information under the general 
asbestos form (CASRN 1332-21-4). See Unit II.B. for more information 
about what is considered asbestos:
     Asbestos--CASRN 1332-21-4;
     Chrysotile--CASRN 132207-32-0;
     Crocidolite--CASRN 12001-28-4;
     Amosite--CASRN 2172-73-5;
     Anthophyllite--CASRN 77536-67-5;
     Tremolite--CASRN 77536-68-6;
     Actinolite--CASRN 77536-66-4;
     Libby Amphibole Asbestos--CASRN not applicable (mainly 
consisting of tremolite [CASRN 77536-68-6], winchite [CASRN 12425-92-
2], and richterite [CASRN 17068-76-7]).
2. Asbestos as an Impurity
    Impurity means a chemical substance which is unintentionally 
present with another chemical substance (40 CFR 704.3). Asbestos may 
occur naturally as an impurity in other products such as talc, 
vermiculite, and potentially other substances. These products are 
distributed and used in commerce in the United States. For example, 
talc, a hydrous magnesium silicate mineral, is used in a wide variety 
of applications. Talc deposits can contain asbestos as an impurity that 
poses a risk to human health (Ref. 15). If all other reporting 
conditions are met, these products would be subject to reporting under 
this rule. EPA proposes to collect data on asbestos as an impurity 
because EPA may lack data on the extent to which asbestos as an 
impurity occurs in products under TSCA jurisdiction that are currently 
being manufactured (including imported) or processed. In particular, 
data on asbestos as an impurity could better inform the Part 2 asbestos 
risk evaluation where EPA will determine and then evaluate the relevant 
conditions of use of asbestos in talc.
3. Articles Containing Asbestos
    This rule would require reporting on articles containing asbestos 
(including as an impurity). An ``article'' is defined in 40 CFR 704.3 
as ``a manufactured item (1) which is formed to a specific shape or 
design during manufacture, (2) which has end-use function(s) dependent 
in whole or in part upon its shape or design during end use, and (3) 
which has either no change of chemical composition during its end use 
or only those changes of composition which have no commercial purpose 
separate from that of the article, and that result from a chemical 
reaction that occurs upon end use of other chemical substances, 
mixtures, or articles; except that fluids and particles are not 
considered articles regardless of shape or design.'' EPA proposes to 
collect more data on imported articles containing asbestos; this data 
could inform Part 2 of the TSCA Risk Evaluation for Asbestos where EPA 
will determine and then evaluate the relevant conditions of use of such 
articles containing asbestos. Articles included in Part 1 of the TSCA 
Risk Evaluation for Asbestos included brake blocks for use in the oil 
industry, rubber sheets for gaskets used to create a chemical-
containment seal in the production of titanium dioxide, certain other 
types of preformed gaskets, and some vehicle friction products (Ref. 
18); EPA is interested in identifying if there are other articles or if 
there is information about specific forms of asbestos in these 
articles.

[[Page 27066]]

4. Asbestos That Is a Component of a Mixture
    Under TSCA section 3(10) (15 U.S.C. 2602(10)), the term ``mixture'' 
means any combination of two or more chemical substances if the 
combination does not occur in nature and is not, in whole or in part, 
the result of a chemical reaction; except that such term does include 
any combination which occurs, in whole or in part, as a result of a 
chemical reaction if none of the chemical substances comprising the 
combination is a new chemical substance and if the combination could 
have been manufactured (including imported) for commercial purposes 
without a chemical reaction at the time the chemical substances 
comprising the combination were combined. EPA proposes to collect data 
on asbestos in circumstances where it is a component of a mixture to 
inform Part 2 of the TSCA Risk Evaluation for Asbestos. In the Part 2 
Evaluation, EPA will determine the relevant conditions of use of 
asbestos in talc; EPA will use the results to evaluate asbestos 
exposures and associated risks.
    Legislative history affirms that EPA can conduct risk evaluations 
on a chemical substance when the substance is present as a component of 
a mixture (See Senate Congressional Record, S3511, June 7, 2016): ``In 
section 6(b) of TSCA, as amended by the Frank R Lautenberg Chemical 
Safety for the 21st Century Act, EPA is directed to undertake risk 
evaluations on chemical substances in order to determine whether they 
pose an unreasonable risk to health or the environment. Some have 
questioned whether the failure to explicitly authorize risk evaluations 
on mixtures calls into question EPA's authority to evaluate the risks 
from chemical substances in mixtures. The definition of `conditions of 
use' . . . plainly covers all uses of a chemical substance, including 
its incorporation in a mixture, and thus would clearly enable and 
require, where relevant, EPA to evaluate the risks of the chemical 
substance as a component of a mixture.''

B. Will small businesses need to report?

    Although TSCA section 8(a)(1) provides an exemption for small 
manufacturers (including importer) and processors, TSCA section 8(a)(3) 
enables EPA to require small manufacturers (including importers) and 
processors to report pursuant to TSCA section 8(a) with respect to a 
chemical substance that is the subject of a rule proposed or 
promulgated under TSCA sections 4, 5(b)(4), or 6, an order in effect 
under TSCA sections 4 or 5(e), a consent agreement under TSCA section 
4, or relief that has been granted under a civil action under TSCA 
sections 5 or 7. Six of the asbestos types subject to this proposal 
(chrysotile, crocidolite, amosite, anthophyllite, tremolite, and 
actinolite) are subject to a TSCA section 6 rule under the Asbestos Ban 
and Phaseout rule of 1989 (Ref. 1) (40 CFR 763.160 et seq.) and 
therefore EPA is proposing that these forms of asbestos are not 
eligible for a small manufacturer (including importer) or processor 
exemption. Although most of the original ban was overturned in 1991 by 
the Fifth Circuit Court of Appeals, a portion of the section 6 
rulemaking remains in effect (See 40 CFR 763.160 et seq.) Libby 
Amphibole asbestos, however, is not subject to an applicable proposed 
or promulgated rule under TSCA sections 4, 5(b)(4), or 6; an order 
under TSCA sections 4 or 5(e); or a consent agreement under TSCA 
section 4; and is not the subject of relief that has been granted under 
a civil action under TSCA section 5 or 7. Therefore, EPA is proposing 
that Libby Amphibole asbestos continue to be eligible for such an 
exemption.
    EPA's experience with TSCA Risk Evaluation for Asbestos Part 1: 
Chrysotile Asbestos, indicates that small businesses are associated 
with certain identified conditions of use associated with asbestos. For 
some conditions of use, EPA identified a single business engaged in 
each of the activities and, in two cases, the companies were small 
businesses. In addition, EPA identified multiple conditions of use for 
which it was unable to identify a single company engaged in the 
condition of use. Because of the low number of companies found to be 
involved in specific conditions of use, it is possible that companies 
associated with other conditions of use that need to be considered in 
the Part 2 TSCA Risk Evaluation, are small businesses.
    Because EPA has much less information on the activities of small 
businesses, the Agency is concerned that certain conditions of use for 
which the Agency lacks detailed information may be conducted largely or 
entirely by small businesses. Given EPA's experience and the 
petitioners' concerns (Refs. 11 and 12), the Agency believes that 
exempting all small businesses from reporting may exclude most or all 
of the reporting for some conditions of use which could severely hinder 
EPA's risk evaluation or risk management activities. As a result, EPA 
is proposing that small businesses--small manufacturers (including 
importers) and processors of asbestos, and asbestos mixtures (other 
than Libby Amphibole asbestos)--will need to maintain records and 
report under this action.
    As discussed previously, at the time of this proposal, Libby 
Amphibole asbestos is not the subject of any of the activities 
described in TSCA section 8(a)(3) (Unit III.B.) and therefore 
manufacturers (including importers) and processors of that substance 
may be eligible for a small business exemption.
    EPA proposes to use the small manufacturer (including importer) 
definition already established at 40 CFR 704.3. Thus, any entity 
manufacturing (including importing) Libby Amphibole asbestos would be 
considered a small manufacturer and exempt from reporting if it meets 
either of these two standards (as adjusted by an inflation index):
     Total sales during the most recent year of the reporting 
period, combined with those of the parent company, domestic or foreign 
(if any), are less than $120 million and the annual production and 
importation volume of that chemical substance (i.e., asbestos) does not 
exceed 100,000 pounds at any individual plant site. If the annual 
production and importation volume of the chemical substance (i.e., 
asbestos) at any individual site owned or controlled by the submitter 
is greater than 100,000 pounds, the submitter is required to report for 
that particular site unless it qualifies as small under the following 
standard.
     Total sales during the most recent year of the reporting 
period, combined with those of the parent company, domestic or foreign 
(if any), are less than $12 million regardless of the quantity of 
asbestos produced or imported.
    The small manufacturer (including importer) exemption as written in 
Small manufacturer and Small government definitions (40 CFR 704.3) 
applies to domestic manufacturers and importers, but does not cover 
processors. Therefore, EPA proposes a definition for small processors, 
functionally identical to that established in 40 CFR 704.20--Chemical 
substances manufactured or processed at the nanoscale (Ref. 16). EPA 
proposes this definition because it is most similar to the small 
manufacturing (including importing) definition already promulgated. 
This definition would state: ``Small processor means any processor 
whose total annual sales, when combined with those of its parent 
company (if any), are less than $12 million.'' Note that in the 
nanoscale rule, the total annual sales threshold is $11 million. EPA 
increased the threshold to $12 million to align with the non-volume 
portion of the TSCA small manufacturer definition, which

[[Page 27067]]

was updated in 2020. The small manufacturer definition has a second 
standard that exempts companies on a chemical-by-chemical volume basis 
(i.e., 100,000-pound threshold when company sales are less than $120 
million), thus exempting small manufacturers for some chemicals but not 
for others. The second standard would not be appropriate to include in 
the small processor definition because the amount of asbestos in 
products may vary drastically. It is also not appropriate because EPA 
is not basing reporting requirements on volumes for this rule. Thus, 
the volume of asbestos is less applicable as a measure than sales.
    EPA requests additional comment on how to best provide guidance for 
small processors of Libby Amphibole asbestos.

C. What is the reporting standard?

    EPA is proposing that this rule would use the reporting standard 
used for certain other TSCA section 8(a) reporting requirements, 
including CDR. This standard requires that manufacturers (including 
importers) and processors report information to the extent that the 
information is known to or reasonably ascertainable by the manufacturer 
(including importer) or processor (see TSCA section 8(a)(2)). ``Known 
to or reasonably ascertainable by'' includes ``all information in a 
person's possession or control, plus all information that a reasonable 
person similarly situated might be expected to possess, control, or 
know'' (40 CFR 704.3). This reporting standard requires reporting 
entities to evaluate their current level of knowledge of their 
manufactured products (including imports) or processed products, as 
well as evaluate whether there is additional information that a 
reasonable person, similarly situated, would be expected to know, 
possess, or control. This standard carries with it an exercise of due 
diligence, and the information-gathering activities that may be 
necessary for manufacturers (including importers) and processors to 
achieve this reporting standard may vary from case-to-case.
    This standard requires that submitters conduct a reasonable inquiry 
within the full scope of their organization (not just the information 
known to managerial or supervisory employees). This standard may also 
entail inquiries outside the organization to fill gaps in the 
submitter's knowledge. Such activities may, though not necessarily, 
include phone calls or email inquiries to upstream suppliers or 
downstream users or employees or other agents of the manufacturer 
(including importer) or processor, including persons involved in the 
research and development, import or production, or marketing of 
asbestos.
    Examples of types of information that are considered to be in a 
manufacturer's (including importer's) or processor's possession or 
control, or that a reasonable person similarly situated might be 
expected to possess, control, or know include: Files maintained by the 
manufacturer (including importer) or processor such as marketing 
studies, sales reports, or customer surveys; information contained in 
standard references showing use information or concentrations of 
chemical substances in mixtures, such as a Safety Data Sheet (SDS) or a 
supplier notification; and information from the Chemical Abstracts 
Service (CAS) or from Dun & Bradstreet (D-U-N-S). This information may 
also include knowledge gained through discussions, conferences, and 
technical publications.
    EPA has provided CDR reporting guidance materials on this reporting 
standard, including hypothetical examples of applying the ``known to or 
reasonably ascertainable by'' reporting standard in the context of 
collecting processing and use data for CDR, which would be instructive 
for reporting under this rule as well (Ref. 9). Therefore, EPA 
anticipates some submitters under this proposed rule will be familiar 
with this reporting standard, and resources are available to support 
those submitters who may not be familiar with the standard.
    EPA acknowledges that it is possible that a manufacturer (including 
importer) or processor, particularly an importer of articles containing 
asbestos (including as an impurity), may not have knowledge that they 
have imported asbestos and thus not report under this rule, even after 
they have conducted their due diligence under this reporting standard 
as described previously. Such an importer should document its 
activities to support any claims it might need to make related to due 
diligence.
    In the event that a manufacturer (including importer) or processor 
does not have actual data (e.g., measurements or monitoring data) to 
report to EPA, the manufacturer (including importer) or processor would 
be required to make ``reasonable estimates'' of such information. 
``Reasonable estimates'' may rely, for example, on approaches such as 
mass balance calculations, emissions factors, or best engineering 
judgment.

D. When would reporting be required?

    This proposed rule would result in a one-time reporting obligation. 
EPA proposes reporting for persons who have manufactured (including 
imported) or processed asbestos at any time during the four complete 
calendar years prior to the effective date of the final rule. EPA 
anticipates that the four calendar years would be 2019 to 2022. These 
entities would report to EPA during a three-month submission period, 
which EPA proposes would begin six months following the effective date 
of the final rule. Therefore, manufacturers (including importers) and 
processors would have up to nine months following the effective date of 
the final rule to collect and submit all required information to EPA.
    EPA believes that providing six months between the effective date 
of the rule and the start of the submission period would allow 
sufficient time for both the Agency to finalize the reporting tool and 
for submitters to familiarize themselves with the rule and compile the 
required information. Since this TSCA section 8(a) reporting rule would 
result in the collection of similar information to that collected under 
CDR, EPA anticipates some submitters would be familiar with the types 
of information requested and how to report. EPA believes that three 
months would be adequate time for submissions, in addition to the six-
month period between the effective date and the start of the submission 
period.
    EPA is asking for public comment on the submission period start 
date and duration (see Unit IV.), as well as alternative compliance 
timelines for small businesses.

E. How would information be reported?

    EPA is proposing different reporting requirements based on a two-
part knowledge-based reporting approach in order to obtain as complete 
a picture as possible of the manufacturing (including importing), 
processing, and use of asbestos. Because asbestos can be included in 
small quantities in some products, having a threshold concentration for 
reporting would be expected to eliminate much of the information that 
may be useful to support EPA's TSCA risk evaluation and risk management 
efforts. Therefore, EPA is proposing that reporting would be required 
whenever the presence of asbestos is known or reasonably ascertainable.
    However, EPA is also aware that there may be circumstances under 
which a manufacturer (including importer), or processor is unable to 
provide a reliable quantity of the asbestos in their products because 
the percentage of asbestos in their products is not known or reasonably 
ascertainable by them. For those situations, EPA is proposing a

[[Page 27068]]

short form (Form A) for attestation purposes. For other situations, 
submitters that can determine or estimate the quantity would provide 
more detailed information in the full form (Form B). EPA anticipates 
that most submitters would know or be able to estimate the quantity of 
the asbestos and would complete the full form.
1. Determining the Need To Report Using Form A
    For entities that are aware of asbestos in their product, but 
unable to determine or estimate the quantity manufactured (including 
imported) or processed, submitters would provide a subset of the 
information required on Form B. This subset would consist of 
information related to manufacturing (including importing) or 
processing asbestos, including as an impurity, in an article, or as a 
component of a mixture, and information about the employees involved 
with such activities.
    One of the goals of this rule is to ensure EPA has a complete 
picture of the status of asbestos in the U.S. Therefore, EPA is 
proposing a reporting approach that would ensure that even 
circumstances where asbestos appears in smaller or unknown quantities 
are captured. Some entities manufacturing (including importing) or 
processing asbestos as a component of a mixture or articles containing 
asbestos (e.g., the importers of articles), may be aware of asbestos in 
their products but unable to determine or estimate the quantity of the 
asbestos for reporting purposes. Therefore, EPA is proposing to include 
a short form (Form A) for such entities that are aware of a quantity of 
asbestos in their products, but unable to determine (or estimate) the 
quantity manufactured (including imported) or processed of asbestos to 
report.
    For a more detailed discussion of the data elements, please see 
Unit III.F. EPA anticipates that Form A will be the less common option 
of the two reporting forms.
2. Determining the Need To Report Using Form B
    EPA proposes that if a quantity of asbestos in a product is known 
to or reasonably ascertainable by the submitter then the submitter must 
provide the more detailed reporting information required by Form B. For 
example, if submitters are able to determine that their quantity is 
close to 25 pounds (or another quantity value), they would be required 
to report using Form B.
    Form B would require specific quantity information per asbestos 
type, more detailed processing information, and employee information 
(including employee exposure information). EPA is requesting public 
comments on whether other information, such as waste and disposal 
information, should be reported. For a more detailed discussion on 
specifics included in Form B, see Unit III.C.2.
    EPA is requesting comment on whether there should be a threshold 
for the amount of asbestos when determining whether to report using 
Form B and, if so, whether the threshold should be concentration-based 
(e.g., a certain percentage of asbestos in the product) or annual 
volume-based (e.g., the total volume of asbestos manufactured 
[including imported] or processed). In addition, EPA is requesting 
comment on whether any submitter under the threshold should 
alternatively report using Form A. Having a threshold for Form B but 
reporting using Form A for entities under the reporting threshold may 
decrease burden on certain submitters while still allowing EPA to 
obtain information on all instances where asbestos is a component of a 
mixture and all articles with known asbestos content. Asbestos can 
occur naturally as impurities in other products that may be handled in 
very large volumes, such as talc, vermiculite, and potentially other 
substances. A de minimis concentration could reduce the compliance 
determination and reporting burdens. Comments suggesting threshold 
levels should include the justification for that particular level.

F. What information would be reported in Form A and Form B?

    EPA is proposing certain information to be reported in either Form 
A or Form B. Unit III.E. describes how to choose which form to use for 
reporting. This unit provides a more in-depth overview of the 
information to be reported. Each form has sections about respondent 
identification, mined or milled bulk asbestos, imported bulk asbestos, 
primary processor production, secondary processor production, 
importation of mixtures, and importation of articles. Form A is a 
subset of Form B. If a data element is included in Form B only, it is 
indicated by ``(Form B only)'' following the name of the data element.
1. Respondent Identification Information
    EPA is proposing that both Form A and B will include information 
associated with identifying the respondent company and site and 
information about contacts at the company or site who can respond to 
any clarifying or other follow up questions. Specifically, EPA is 
proposing that submitters report the following information (proposed 40 
CFR 704.180(e)(3)):
     U.S. Parent Company Information;
     Authorized Official Contact Information;
     Technical Contact Information; and
     Site Information (including NAICs codes and total number 
of employees at site).
    In addition, submitters would identify the activity for which they 
are reporting, selecting from the list provided in proposed 40 CFR 
704.180(e)(4)(i). If more than one activity applies, the submitter 
would indicate all that apply. Each activity and the associated data 
elements are described in the remainder of this Unit.
2. Mined, Milled, or Imported Bulk Asbestos or Bulk Materials 
Containing Asbestos, Including as an Impurity
    An asbestos mine or mill is an entity that either mines or mills 
asbestos. Mined or extracted asbestos-containing ore is further milled 
to produce bulk asbestos. Milling involves the separation of the fibers 
from the ore, grading and sorting the fibers, or fiberizing crude 
asbestos ore. An importer of Bulk Asbestos imports bulk asbestos into 
the customs territory of the U.S. EPA anticipates that companies that 
are mining, milling, or importing bulk asbestos will report using Form 
B, because the volume of asbestos is likely to be known or reasonably 
ascertainable by them.
    For companies that are mining, milling, or importing talc, 
vermiculite, or another bulk material where asbestos can be found as an 
impurity, EPA anticipates that they would report using either Form A or 
Form B, based upon their knowledge of the amount of asbestos in their 
bulk material.
    Specifically, EPA is proposing that sites involved in mining, 
milling, or importing asbestos or bulk materials containing asbestos 
report certain information associated with those activities, as listed 
in proposed 40 CFR 704.180(e)(4)(ii) and (iii), and (e)(5). All 
submitters would report the applicable asbestos form associated with 
the mining, milling, or importing activity.
    a. Bulk asbestos. In addition, EPA is proposing that sites involved 
in mining, milling, or importing bulk asbestos, for each asbestos type 
and for each year, report the quantity of asbestos and the disposition 
of asbestos. Table 3 in proposed 40 CFR 704.180(e)(4)(ii)(B) provides a 
list of dispositions from which to select, including: Used on site, 
sent to another U.S. site, exported, or

[[Page 27069]]

disposed of. EPA is proposing that a site selecting ``Disposed of 
within the U.S.'' would provide additional explanation to indicate the 
quantity and type of disposal (e.g., disposed in a landfill).
    b. Bulk materials containing asbestos. EPA is proposing that sites 
involved in mining, milling, or importing bulk materials containing 
asbestos also report the type of bulk material that is manufactured 
(including imported) or processed, and for each type of bulk material 
and year, report:
     The quantity of bulk material quantity by weight (Form B 
only);
     The percentage of asbestos in the bulk material (Form B 
only);
     The most specific identity of asbestos (Form B only);
     Information describing how you know the amount of asbestos 
in the bulk material (Form B only); and
     The disposition of the bulk material as described in Unit 
III.F.2.a.
3. Primary Processors of Asbestos (Bulk Processing Material, Other Than 
Milling), Including as an Impurity
    A primary processor starts with bulk asbestos or bulk materials 
containing asbestos and makes a mixture that contains asbestos. A 
primary processor may simply mix or repackage different types or sizes 
of fibers and then sell that product. Mixtures that contain asbestos 
are products to which asbestos has been intentionally added and which 
can be used or processed further and incorporated into other products. 
For example, asbestos cement, asbestos paper, and asbestos-reinforced 
plastics are instances where asbestos is contained in a mixture. 
Primary processors are defined in the proposed 40 CFR 704.180(a), a 
definition adapted from the definition of primary processor in the 1982 
Asbestos Reporting Requirements Rule (see Unit II.C.1.).
    EPA anticipates that primary processors starting with bulk asbestos 
are more likely to report using Form B while those starting with bulk 
materials containing asbestos may report using either Form A or Form B.
    EPA is proposing that primary processors report, for each year, the 
total quantity of asbestos processed (Form B only) and the end product 
type (selected from Table 4 in proposed 40 CFR 704.180(e)(4)(iv)(B)). 
For each product type, report by year:
     The most specific identity of asbestos (Form B only);
     The total annual production quantity of end product, using 
the unit of measure as listed in Table 4 in proposed 40 CFR 
704.180(e)(4)(iv)(B);
     The percentage of asbestos in the end product (Form B 
only);
     If the asbestos content is an impurity, how you know about 
the presence, amount, and type of asbestos (i.e., do you have test 
results (provide the results), how often is testing conducted, other 
methods for identifying the asbestos content); and
     The disposition of the end product (Form B only) as 
described in Unit III.F.2.a.
4. Secondary Processor Production (Processing Asbestos When a Component 
of a Mixture and Articles Containing Asbestos), Including as an 
Impurity
    Secondary processors are those who start with asbestos when it is a 
component of a mixture and incorporate the mixture into their own 
products. For example, persons who fabricate asbestos cement sheet by 
cutting the sheet to make an electrical switch board, or persons who 
make garments by cutting an asbestos-containing textile, are secondary 
processors. Secondary processors are defined in the proposed 40 CFR 
704.180(a), a definition adapted from the definition of primary 
processor in the 1982 Asbestos Reporting Requirements Rule (see Unit 
II.C.1.).
    EPA anticipates that secondary processors may report using either 
Form A or Form B. EPA is proposing that secondary processors report, 
for each year, the total quantity of asbestos processed (Form B only) 
and the end product type (selected from Table 4 in proposed 40 CFR 
704.180(e)(4)(iv)(B)). For each product type, report by year:
     The most specific identity of asbestos and the quantity of 
asbestos (Form B only);
     The total annual production quantity of end product, using 
the unit of measure as listed in Table 4 in proposed 40 CFR 
704.180(e)(4)(iv)(B);
     The percentage of asbestos in the end product (Form B 
only);
     If the asbestos content is an impurity, how you know about 
the presence, amount, and type of asbestos (i.e., do you have test 
results [provide the results], how often is testing conducted, other 
methods for identifying the asbestos content); and
     The disposition of the end product (Form B only) as 
described in Unit III.F.2.a.
5. Importation of Asbestos as a Component of a Mixture or Articles That 
Contain Asbestos, Including as an Impurity
    An importer of asbestos contained in a mixture or articles that 
contain asbestos, including as an impurity, imports these substances 
into the customs territory of the U.S.
    EPA anticipates that an importer of products may report using 
either Form A or Form B. EPA is proposing that importers report, for 
each year, the total quantity of asbestos processed (Form B only) and 
the imported product type (selected from Table 4 in proposed 40 CFR 
704.180(e)(4)(iv)(B)). For each product type, report by year:
     Whether the imported product including asbestos is 
contained in a mixture or a part of an article;
     The most specific identity of asbestos and the quantity of 
asbestos (Form B only);
     The total annual import quantity of the imported product, 
using the unit of measure as listed in Table 4 of proposed 40 CFR 
704.180(e)(4)(iv)(B);
     The percentage of asbestos in the imported product (Form B 
only);
     Information about how you know about the presence, amount, 
and type of asbestos (i.e., do you have test results (provide the 
results), how often is testing conducted, other methods for identifying 
the asbestos content); and
     The disposition of the imported product (Form B only) as 
described in Unit III.F.2.a.
6. Employee Information
    For each activity reported, EPA is proposing that submitters also 
report certain information about the number of employees involved with 
the activity. Specifically, EPA is proposing that submitters report the 
number of employees associated with the activity, whether personal 
protective equipment was used and, if yes, the type of equipment used, 
and any workplace exposure measurement assessments such as monitoring 
data. When supplying the measurement assessment data, also include 
information about how the assessment was conducted and other 
explanations to help EPA better understand and use the data.

G. Did EPA consider additional data elements for the proposal?

    When evaluating which data elements to include in this proposal, 
EPA also considered potentially requiring reporting on additional 
information related to current employee exposures, wastewater 
treatment, disposal information, and customer sites. EPA presently 
believes the additional information might be useful for a more in-depth 
analysis of the potential exposures associated with asbestos. However, 
EPA also presently believes that the proposed data elements described 
in Unit III.F. would provide sufficient information for use by EPA and 
other Federal agencies in potential actions involving asbestos, 
including

[[Page 27070]]

EPA's TSCA risk evaluation and risk management activities. EPA chose 
not to include these additional data elements in this proposed rule in 
the interest of maintaining a manageable level of burden for reporting 
entities, while also considering the need for creating a manageable 
reporting tool.
    EPA is seeking public comment on whether any additional data 
(particularly, information related to current employee exposures, 
wastewater treatment information, additional disposal information, and 
customer sites) should be added as required data elements on Form B.
1. Employee Data
    EPA considered collecting a more detailed breakdown of the number 
and types of employees by work category. This information would enable 
the agency to consider exposures to employees conducting different 
types of work at a site, including those conducting production, 
shipping or receiving, maintenance, waste management, or other 
activities.
    EPA also considered collecting employee exposure information, 
including 8-hr time-weighted average exposures, 15- or 30-minute peak 
or maximum exposures, related statistical data (medians, arithmetic 
means, standard deviations, etc.), levels of detection and non-
detectable measurements, and descriptions of sampling and analysis, 
such as sampling and analytical chemistry methods. Due to the 
anticipated burden for reporters in contrast to the usefulness of the 
data that the agency could collect, EPA is not including reporting on 
these additional employee data elements in this proposed rule.
2. Wastewater Discharge and Waste Disposal Data
    EPA considered collecting information related to asbestos or 
asbestos-containing discharges, including releases, wastes, and 
disposal data. These data included a description of any discharges, 
such as to water or to off-site public treatment facilities, and 
descriptions of solids disposal, such as to land-based facilities. 
Wastewater related information included volumes of wastewater, amount 
of asbestos in the wastewater, on-site treatment methods (if any), 
National Pollutant Discharge Elimination System (NPDES) permit numbers 
and copies of reports, transport to off-site treatment, and removed 
solids management. General waste and disposal information included the 
identity of the end product being disposed, the form of the waste, the 
quantity of asbestos in the waste, the type of land disposal facility 
(e.g., impoundment, waste pile, landfill, injection well), and whether 
the disposal is on- or off-site. Note, however, that EPA is proposing 
that a site reporting ``Disposed of within the U.S.'' in response to 
Table 3 would provide additional explanation to indicate the quantity, 
address of the disposal facility, and type of disposal (e.g., disposed 
in a landfill). EPA believes this level of reporting on waste disposal 
data is sufficient for purposes of this data collection. Due to the 
anticipated burden for reporters in contrast to the usefulness of the 
data that the agency could collect, EPA is not including reporting on 
additional data elements related to wastewater discharge and waste 
disposal in this proposed rule beyond the disposal explanation that 
would be included in response to reporting ``Disposed of within the 
U.S.'' in response to Table 3.
3. Air Emissions Data
    EPA considered collecting information related to air emissions at 
facilities that manufacture (including import) or process asbestos or 
asbestos-containing mixtures and products. The information included 
sources of emissions, methods of air pollution control, descriptions of 
control devices, and pollution control equipment operation and testing 
frequency and methods. Due to the anticipated burden for reporters in 
contrast to the usefulness of the data that the agency could collect, 
EPA is not including reporting on these additional data elements in 
this proposed rule.
4. Customer Sites Data
    EPA also considered requiring additional information about the 
number of customers respondents have. As proposed, this action would 
only collect information about asbestos manufacturers (including 
importers) and processors. Additional customer information from 
companies selling a product could be useful in understanding the 
universe of asbestos users. For the reasons described previously, EPA 
is not including reporting on these additional employee data elements 
in this proposed rule, however, EPA is requesting comment on requiring 
manufactures (including importers) and processors of asbestos that are 
selling a product that contains asbestos to report the number of 
customer sites they have.

H. How would information be submitted to EPA?

    EPA is proposing to require electronic reporting similar to the 
requirements established in 2013 for submitting other information under 
TSCA (see 40 CFR 704.20(e)). EPA is proposing to require submitters to 
use EPA's CDX (Central Data Exchange), the Agency's electronic 
reporting portal, for all reporting under this rule. In 2013, EPA 
finalized a rule to require electronic reporting of certain information 
submitted to the Agency under TSCA sections 4, 5, 8(a), and 8(d) (78 FR 
72818) (FRL-2013-28510). The final rule followed two previous rules 
requiring similar electronic reporting of information submitted to EPA 
for TSCA CDR and for premanufacture notices (PMNs). In proposing to 
require similar electronic reporting under this rule, EPA expects that 
electronic reporting would save time, improve data quality, and 
increase efficiencies for both the submitters and the Agency.
    EPA developed the Chemical Information Submission System (CISS) for 
use in submitting data electronically to the Agency for TSCA sections 
4, 5, 6, 8(a), 8(b), 8(d), 8(e), and Title VI. CISS, a web-based 
reporting tool housed within the CDX environment, provides submitters 
with user-friendly applications to build and submit data packages to 
EPA within a secure, encrypted environment. CISS applications provide 
for the capture of both fielded data as well as the attachment of 
additional information using a wide variety of file types. Submitted 
information is rendered into PDF and XML formats, which are provided to 
submitters in the form of a Copy of Record.
    EPA is proposing to require submitters to follow the same 
submission procedures used for other TSCA submissions, i.e., to 
register with EPA's CDX and use CISS to prepare a data file for 
submission. Registration enables CDX to authenticate user identity. To 
submit electronically to EPA via CDX, individuals must first register 
with CDX at http://cdx.epa.gov/. To register in CDX, the CDX registrant 
(also referred to as ``Electronic Signature Holder'' or ``Public/
Private Key Holder'') agrees to the Terms and Conditions, provides 
information about the submitter and organization, selects a username 
and password, and follows the procedures outlined in the guidance 
document for CDX available at https://cdx.epa.gov/FAQ#CSPP.
    Within CDX, CISS is available under the ``Submission for Chemical 
Safety and Pesticide Program (CSPP)'' CDX flow. Users who have 
previously submitted under TSCA through CDX, including submitting 
information under TSCA sections 4 and 5, CDR, or reporting under the 
TSCA Inventory Notification (Active-Inactive)

[[Page 27071]]

Requirements rule (82 FR 37520, Aug. 11, 2017) (FRL-9964-22), will 
already have the CSPP flow linked to their account. Users reporting to 
EPA using other CDX housed applications, including the Toxics Release 
Inventory TRI-MEweb, would be able to add the CSPP flow to their 
existing CDX accounts.
    All submitters would be required to use CISS to prepare their 
submissions. CISS guides users through a ``hands-on'' process of 
creating an electronic submission. Once a user completes the relevant 
data fields and attaches appropriate PDF files, or other file types, 
such as XML files, the web-based tool validates the submission by 
performing a basic error check and makes sure all the required fields 
and attachments are provided and complete. Further instructions for 
uploading PDF attachments or other file types, such as XML, and 
completing metadata information would be available through CISS 
reporting guidance.
    CISS also allows the user to choose to ``Preview,'' ``Save,'' or 
``Submit'' the data package. Once the submission process is initiated, 
the user is asked to certify the information and provide requested 
information to complete the submission process. The data package is 
then sent, in an encrypted state, to the Agency. The user can login to 
the application and check the submission status of their data package. 
Upon successful receipt of the submission by EPA, the submission status 
of the submissions will be flagged as ``Completed'' and a confirmation 
email will be sent to the submitter's CDX inbox. The CDX inbox is used 
to notify the users when submissions are received by EPA or to notify 
users when a submission-specific communication has been received and 
how to locate and access the communication. Information on accessing 
the CDX user inbox is provided in the guidance document for CDX at 
https://cdx.epa.gov/FAQ#CSPP. To access CISS log into CDX using the 
link: https://cdx.epa.gov/ and click on the appropriate user role 
associated with the CSPP data flow. For further instructions, visit 
https://www.epa.gov/assessing-and-managing-chemicals-under-tsca/electronic-reporting-requirements-certain-information. Procedures for 
reporting under this proposed rule would be similar.
    EPA believes that electronic reporting reduces the reporting burden 
for submitters by reducing the cost and time required to review, edit, 
and transmit data to the Agency. It also allows submitters to share a 
draft submission within their organization, and more easily save a copy 
for their records or future use. Additionally, EPA believes that some 
of the anticipated submitters under this proposed rule have experience 
with reporting electronically to EPA through CDX. The resource and time 
requirements to review and process data by the Agency will also be 
reduced and document storage and retrieval will require fewer 
resources. EPA expects to benefit from receiving electronic submissions 
and communicating electronically with submitters.

I. How does the rule address claims for treatment of confidential 
information?

    In a separate rulemaking under development, EPA plans to propose 
new provisions concerning the assertion and treatment of CBI claims for 
information reported to or otherwise obtained by EPA under TSCA. Unless 
otherwise stated in specific TSCA regulations (such as those proposed 
here), EPA intends the proposed provisions to govern how CBI claims 
made for information submitted under TSCA, including information 
submitted under this part, will be asserted, reviewed, and maintained.
    In this rulemaking, EPA is proposing in proposed 40 CFR 704.180(h) 
that a person submitting a reporting form under this action may claim 
some information in the form as confidential at the time of submission, 
consistent with TSCA section 14. EPA is also proposing that certain 
data elements cannot be claimed as confidential:
     Site NAICS code in proposed 40 CFR 704.180(e)(3)(v), 
because it represents a general description associated with the 
manufacture (including import) or processing of a chemical substance.
     Chemical and bulk material identities (as identified in 
proposed 40 CFR 704.180(h)(1)(ii)(B)), because the chemical identities 
are listed in the asbestos definition in proposed 40 CFR 704.180(a) or 
are general identities of bulk materials that are already publicly 
known.
     Responses that are blank or ``not known or reasonably 
ascertainable'' (as identified in proposed 40 CFR 704.180(h)(1)(ii)(C)) 
because there is no data to claim as confidential.
     Health and safety study data (as identified in proposed 40 
CFR 704.180(h)(1)(ii)(D)), because, under TSCA section 14(b)(2), such 
information is not protected from disclosure. Note, however, that CBI 
claims may be asserted to the extent that disclosure of data from 
studies would reveal certain information as provided in proposed 40 CFR 
704.180(h)(1)(ii)(D)(1)-(3). The electronic reporting tool described in 
proposed 40 CFR 704.180(i) enables the submitter of a health and safety 
study containing CBI claims to attach a public copy of the study, as 
described in proposed 40 CFR 704.180(h)(2)(vi).
    TSCA section 14 also requires that the submitter attest to a 
statement concerning the confidential status of the information, that 
they have a reasonable basis to conclude that release of the 
information would likely result in substantial harm to the competitive 
position of their business and that the information is not readily 
discoverable through reverse engineering. The submitter must certify 
that this statement and any substantiation provided are true and 
correct. This certification statement will be incorporated into the 
electronic reporting tool identified in proposed 40 CFR 704.180(i).
    TSCA section 14(c)(3) further requires that substantiation be 
provided at the time a confidentiality claim is asserted. However, TSCA 
section 14(c)(2) exempts certain information from that substantiation 
requirement (e.g., specific production volume). Under the proposed 
rule, CBI claims for specific production or import volumes of the 
manufacturer need not be substantiated, as identified in proposed 40 
CFR 704.180(h)(2)(iv). For all other information submitted under this 
proposed rule, submitters are required to substantiate their 
confidentiality claims at the time of submission. Substantiation 
questions are listed in proposed 40 CFR 704.180(h)(2)(iii) and will be 
incorporated into the electronic reporting tool identified in proposed 
section 704.180(i). Responses to the substantiation questions that are 
not specific to the data element for which a claim of confidentiality 
is being substantiated may be inadequate to justify confidential 
protection.
    Any information which is claimed as confidential will be disclosed 
by EPA only in accordance with the procedures and requirements of TSCA 
section 14 and 40 CFR part 2, or any TSCA-specific CBI provisions that 
may in the future replace or supplement portions of 40 CFR part 2. TSCA 
section 14(b)(2) limits confidentiality protections for health and 
safety studies and information from health and safety studies regarding 
chemical substances that have been offered for commercial distribution, 
except to the extent such studies or information reveals ``information 
that discloses processes used in the manufacturing (including 
importing) or processing of a chemical substance or mixture or, in the 
case of a mixture, the portion of the mixture comprised by any of the 
chemical substances in the

[[Page 27072]]

mixture''. Additionally, in some cases EPA may consider information 
contained in a study as not part of a health and safety study as 
defined in TSCA section 3(8). The workplace exposure measurement data 
listed in proposed 40 CFR 704.180(e)(5)(iii) are from studies 
pertaining to human exposure in the workplace and therefore are 
considered health and safety study data. Submitters asserting a 
confidentiality claim for such information in health and safety studies 
(as well as for other information claimed as confidential) will be 
required to submit a sanitized copy of the study, removing only that 
information which is claimed as confidential. See proposed 40 CFR 
704.180(h)(1)(ii)(D) for additional information regarding health and 
safety studies and proposed 40 CFR 704.180(h)(2)(vi)) regarding public 
copies.

J. What are the recordkeeping requirements?

    EPA is proposing that each person who reports under this part must 
maintain records that document information reported under this part 
and, in accordance with TSCA, permit access to and the copying of such 
records by EPA officials. Consistent with the CDR rule, EPA is 
proposing a five-year recordkeeping period, beginning on the last date 
of the submission period. The five-year retention requirement generally 
corresponds with the statute of limitations for TSCA violations. 
Information in this one-time data collection will be used by EPA for 
risk evaluation and risk management activities, and the companies must 
maintain the records for five years in the event that EPA has follow-up 
questions as the agency activities are completed. Further, EPA believes 
the burden of retaining these records, which are likely electronic, is 
minimal.

IV. Request for Comments

    EPA requests comment on the content of this proposed rule and the 
Economic Analysis prepared in support of this proposed rule (Ref. 2). 
In addition, EPA is providing a list of issues on which the Agency is 
specifically requesting public comment. EPA encourages all interested 
persons to submit comments on these issues, and to identify any other 
relevant issues as well. This input will assist the Agency in 
developing a final rule that successfully addresses information needs 
while minimizing potential reporting burdens associated with the rule. 
EPA requests that commenters making specific recommendations include 
supporting documentation where appropriate.
    1. EPA is soliciting comment on the total number of manufactures 
(including importers) and processors that will be impacted by the 
promulgation of this rule, and on the related burden and costs for 
reporting. In addition, due to the lack of information on the extent to 
which asbestos occurs as an impurity, EPA was unable to determine the 
number of potential manufacturers (including importers) or processors 
of asbestos as an impurity that would report under this rule. EPA is 
soliciting public comment on the number of manufacturers (including 
importers) and processors that may be subject to the proposed rule due 
to the presence of impurities in their products, and on the related 
burden and cost for reporting.
    2. As described further in Unit III.B., because there is no 
existing small processers definition that would be applicable under 
TSCA section 8(a), EPA is requesting comment on how to best provide 
guidance for small processors of Libby Amphibole asbestos.
    3. As described further in Unit III.C.2, EPA is seeking comment on 
what additional guidance, if any, might be useful for helping entities, 
including small businesses, understand the reporting standard, as well 
as to how the reporting standard would apply to impurities.
    As described further in Unit III.D., EPA is requesting public 
comment on the submission start date and duration, including for small 
businesses.
    4. As described further in Unit III.E.2., EPA is requesting comment 
on whether there should be a threshold for reporting using Form B and, 
if so, whether the threshold should be concentration-based (e.g., a 
certain percentage) or annual volume-based. In addition, EPA is 
requesting comment on whether any submitter under the threshold should 
alternatively report using Form A. Having a threshold for Form B may 
decrease burden on certain submitters while still allowing EPA to 
obtain information on all bulk materials, mixtures, and articles with 
known asbestos content. The substances subject to the rule can occur 
naturally as impurities in other products that may be handled in very 
large volumes, such as talc, vermiculite, and potentially other 
substances. A de minimis concentration could reduce the compliance 
determination and reporting burdens. Comments suggesting threshold 
levels should include the justification for that particular level.
    5. As described further in Unit III.F. and first mentioned in Unit 
III.F.3., EPA is requesting comment on whether there should be other 
end product types listed in Table 4 in proposed 40 CFR 
704.180(e)(4)(iv)(B). In addition, EPA is interested in whether the 
units of measure listed with the product types are appropriate.
    6. As described further in Unit III.G., EPA identifies additional 
data elements related to employee data, wastewater discharge and waste 
disposal, air emissions data and customer sites data, considered for 
this proposed rule and is soliciting public comment on whether any of 
the additional data elements should be included in the action. While 
EPA believes the proposed data elements in Unit III.F provide 
sufficient information for use by EPA and other Federal agencies in 
potential actions involving asbestos, EPA is seeking comment on whether 
any additional data elements should be included in this action.
    7. As described further in Unit III.AC.2, EPA is seeking comment on 
what additional guidance, if any, might be useful.

V. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket 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. EPA. Final Rule; Asbestos: Manufacture, Importation, Processing, 
and Distribution in Commerce Prohibitions. Federal Register. 54 FR 
29460. July 12, 1989. (FRL-3476-2).
2. EPA, OPPT. Economic Analysis for the Proposed TSCA Section 8(a) 
Reporting and Recordkeeping Requirements for Asbestos. February 4, 
2022.
3. EPA. Learn About Asbestos. EPA website. https://www.epa.gov/asbestos/learn-about-asbestos.
4. EPA. IRIS Toxicological Review of Libby Amphibole Asbestos (Final 
Report). U.S. Environmental Protection Agency, Washington, DC, EPA/
635/R-11/002F, 2014. https://cfpub.epa.gov/ncea/iris/iris_documents/documents/toxreviews/1026tr.pdf.

[[Page 27073]]

5. Agency for Toxic Substances and Disease Registry (ATSDR). Summary 
Report: Exposure to Asbestos-Containing Vermiculite from Libby, 
Montana, at 28 Processing Sites in the United States. U.S. 
Department of Health and Human Services, Agency for Toxic Substances 
and Disease Registry, Atlanta, GA, 2008. https://www.atsdr.cdc.gov/asbestos/sites/national_map/Summary_Report_102908.pdf and https://hero.epa.gov/hero/index.cfm/reference/details/reference_id/783510.
6. EPA. Risk Evaluation for Asbestos, Part 1: Chrysotile Asbestos. 
U.S. Environmental Protection Agency, Office of Chemical Safety and 
Pollution Prevention (OCSPP). Washington, DC, EPA-740-R1-8012, 2020. 
https://www.epa.gov/sites/default/files/2020-12/documents/1_risk_evaluation_for_asbestos_part_1_chrysotile_asbestos.pdf.
7. National Toxicology Program (NTP). Asbestos, CAS No. 1332-21-4. 
In Report on Carcinogens (15th ed.).: U.S. Department of Health and 
Human Services, Public Health Service, Research Triangle Park, NC, 
2001. https://ntp.niehs.nih.gov/ntp/roc/content/profiles/asbestos.pdf.
8. EPA. Determining If You Are a Manufacturer or Importer for 
Reporting. EPA website. https://www.epa.gov/chemical-data-reporting/determining-if-you-are-manufacturer-or-importer-required-report.
9. EPA. Instructions for Reporting 2020 TSCA Chemical Data Reporting 
(pp. 45-47).: U.S. Environmental Protection Agency, Office of 
Pollution Prevention and Toxics (OPPT) Washington, DC, 2020. https://www.epa.gov/sites/default/files/2020-12/documents/instructions_for_reporting_2020_tsca_cdr_2020-11-25.pdf.
10. EPA. TSCA Chemical Data Reporting Fact Sheet: Articles. U.S. 
Environmental Protection Agency, Office of Pollution Prevention and 
Toxics (OPPT) Washington, DC, 2012. https://www.epa.gov/sites/default/files/documents/articlesfactsheetforcdr_reporting_080312.pdf.
11. Asbestos Disease Awareness Organization (ADAO), American Public 
Health Association (APHA), Center for Environmental Health (CEH), 
Environmental Health Strategy Center (EHSC), Environmental Working 
Group (EWG), Safer Chemicals, Healthy Families (SCHF) to Andrew 
Wheeler, Administrator, U.S. Environmental Protection Agency. 
Petition under TSCA Section 21 to Require Reporting on Asbestos 
Manufacture, Importation and Use under TSCA Section 8(a). September 
27, 2018. https://www.epa.gov/sites/default/files/2018-10/documents/adao-asbestos-cdr-petition-all.pdf.
12. The Attorneys General of Massachusetts, California, Connecticut, 
Hawaii, Maine, Maryland, Minnesota, New Jersey, New York, Oregon, 
Pennsylvania, Rhode Island, Vermont, Washington, and the District of 
Columbia to Andrew Wheeler, Administrator, U.S. Environmental 
Protection Agency. Petition Under TSCA Section 21(a) for EPA to 
Issue an Asbestos Reporting Rule to Require Reporting under TSCA 
Section 8(a). January 31, 2019. https://www.epa.gov/sites/default/files/2019-02/documents/tsca_section_21_rulemaking_petiton_for_asbestos_reporting_1_31_2019_2.pdf.
13. Settlement Agreement, Case Nos. 3:19-CV-00871-EMC; 3:19-CV-
03807-EMC. Asbestos Disease Awareness Organization, et al., 
Plaintiffs, v. U.S. Environmental Protection Agency, et al., 
Defendants. June 7, 2021.
14. EPA. Scope of the Risk Evaluation for Asbestos. U.S. 
Environmental Protection Agency, Office of Chemical Safety and 
Pollution Prevention (OCSPP), Washington, DC, EPA-740-R1-7008, 2017. 
https://www.epa.gov/sites/default/files/2017-06/documents/asbestos_scope_06-22-17.pdf.
15. Occupational Safety and Health Administration (OSHA). OSHA 
Occupational Chemical Database, Talc (Containing Asbestos). United 
States Department of Labor. https://www.osha.gov/chemicaldata/276.
16. Chemical Substances When Manufactured or Processed as Nanoscale 
Materials; TSCA Reporting and Recordkeeping Requirements, 40 CFR 
part 704 (2017). https://www.federalregister.gov/documents/2017/01/12/2017-00052/chemical-substances-when-manufactured-or-processed-as-nanoscale-materials-tsca-reporting-and.
17. EPA. Information Collection Request (ICR) for the TSCA Section 
8(a) Reporting and Recordkeeping Requirements for Asbestos (Proposed 
Rule). EPA ICR No. 2711.01 and OMB No. 2070-[NEW]. February 4, 2022.
18. U.S. Geological Survey (USGS). Asbestos Statistics and 
Information: Mineral Commodity Summaries. 2021. https://pubs.usgs.gov/periodicals/mcs2021/mcs2021-asbestos.pdf.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.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 a significant regulatory action that was submitted 
to the Office of Management and Budget (OMB) for review under Executive 
Order 12866 (58 FR 51735, October 4, 1993) and Executive Order 13563 
(76 FR 3821, January 21, 2011). Any changes made in response to OMB 
recommendations have been documented in the docket. EPA prepared an 
economic analysis of the potential costs and benefits associated with 
this action (Ref. 2), which is available in the docket and summarized 
in Unit I.E. (Ref. 2).

B. Paperwork Reduction Act (PRA)

    The information collection requirements in this proposed rule have 
been submitted to OMB for review and comment under the PRA, 44 U.S.C. 
3501 et seq. The Information Collection Request (ICR) document prepared 
by EPA has been assigned the EPA ICR No. 2711.01 (Ref. 17). You can 
find a copy of the ICR in the docket for this action, and it is briefly 
summarized here.
    The information collection activities in the proposed rule include 
a one-time reporting requirement and recordkeeping requirements. 
Companies that manufacture (including import) or process asbestos must 
report certain information to EPA and maintain corresponding records.
    Respondents/affected entities: Chrysotile asbestos manufacturers 
(including importers) and processors. See Unit I.A. for a list of 
potentially affected entities.
    Respondent's obligation to respond: Mandatory. TSCA section 8(a) 
and proposed 40 CFR 704.180.
    Estimated number of respondents: 27.
    Frequency of response: One time.
    Total estimated burden: 1,157 hours (per report). Burden is defined 
at 5 CFR 1320.3(b).
    Total estimated cost: $99,496 (per report), which includes no 
annualized capital or operation and maintenance costs.
    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. The OMB control numbers are 
displayed either by publication in the Federal Register or by other 
appropriate means, such as on the related collection instrument or 
form, if applicable. The display of OMB control numbers for certain EPA 
regulations is consolidated in 40 CFR part 9.
    Submit your comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden to EPA using the docket identified at 
the beginning of this proposed rule. You may also send your ICR-related 
comments to OMB's Office of Information and Regulatory Affairs using 
the interface at www.reginfo.gov/public/do/PRAMain. Find this 
particular ICR by selecting ``Currently under Review--Open for Public 
Comments'' or by using the search function. Since OMB is required to 
make a decision concerning the ICR between 30 and 60 days after 
receipt, OMB must receive comments no later

[[Page 27074]]

than June 6, 2022. The EPA will respond to any ICR-related comments in 
the final rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA, 5 
U.S.C. 601 et seq. The small entities subject to the requirements of 
this action are persons who have manufactured (including imported), or 
processed asbestos, including asbestos as a component of a mixture, 
asbestos in articles, and asbestos as an impurity in the four full 
calendar years prior to the effective date of this rule. EPA estimates 
that at least 14 small firms will be affected by the proposed rule. Of 
those small firms, which include importers of articles and processors, 
12 are expected to have cost impacts of less than 1% of annual 
revenues, one is expected to have impacts between 1-3%, and one is 
expected to have impacts of more than 3% of annual revenues. These 
estimates do not include firms that are impacted by the requirement to 
report for impurities, which EPA was unable to identify. Based on 
information available to EPA, the Agency does not believe there are a 
substantial number of such firms. Further, EPA believes that impacts to 
any such firms would not significantly alter the Agency's analysis 
under the RFA. Details of this analysis are presented in the Economic 
Analysis (Ref. 2).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain an unfunded mandate of $100 million or 
more as described in UMRA, 2 U.S.C. 1531-1538, and does not 
significantly or uniquely affect small governments. The action imposes 
no enforceable duty on any state, local or tribal governments or the 
private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications, as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999). In EPA's 
experience, states do not engage in the activities that would make them 
subject to the requirements in the proposed rule. As such this action 
will not have substantial direct effects on the 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.

F. 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). It does not have 
substantial direct effects on tribal government because asbestos is not 
manufactured (including imported) or processed by tribes and would not 
impose substantial direct compliance costs on tribal governments.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying to those regulatory actions that concern environmental 
health or safety risks that the 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 
action is not subject to Executive Order 13045, because it is a data 
gathering rulemaking and does not concern an environmental health risk 
or safety risk.

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

    This action is not a ``significant energy action'' under Executive 
Order 13211 (66 FR 28355, May 22, 2001), because it is not likely to 
have a significant adverse effect on the supply, distribution or use of 
energy and has not otherwise been designated by the Administrator of 
OMB's Office of Information and Regulatory Affairs as a ``significant 
energy action.'' This action is not expected to affect energy use, 
energy supply or energy prices.

I. National Technology Transfer and Advancement Act (NTTAA)

    This proposed rulemaking does not involve technical standards. As 
such, NTTAA section 12(d), 15 U.S.C. 272 note, does not apply to this 
action.

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

    The EPA believes that this action is not subject to Executive Order 
12898 (59 FR 7629, February 16, 1994) because this action does not 
establish an environmental health or safety standard. The collected 
information, however, will be used by EPA and other Federal agencies to 
inform considerations of potential future actions involving asbestos, 
potentially including risk evaluation and risk management activities 
that could benefit underserved communities and indigenous peoples.

List of Subjects in 40 CFR Part 704

    Chemicals, Confidential business information, Environmental 
protection, Hazardous substances, Reporting and recordkeeping 
requirements.

    Dated: April 22, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.
    For the reasons set forth in the preamble, it is proposed that 40 
CFR chapter I be amended as follows:

PART 704--REPORTING AND RECORDKEEPING REQUIREMENTS

0
1. The authority citation for part 704 continues to read as follows:

    Authority: 15 U.S.C. 2607(a).

0
2. Add Sec.  704.180 to subpart B to read as follows:

Subpart B--Chemical-Specific Reporting and Recordkeeping Rules

* * * * *


Sec.  704.180  Asbestos.

    (a) Definitions.
    The definitions in subpart A of this part apply to Sec.  704.180 
unless otherwise specified in this section.
    Asbestos is a collective term meaning any of the substances listed 
in Table 1 of this paragraph.

          Table 1 in Sec.   704.180(a)--CASRN of Asbestos Types
------------------------------------------------------------------------
             CASRN                            Asbestos type
------------------------------------------------------------------------
1332-21-4.....................  Asbestos.
132207-32-0...................  Chrysotile.
12001-28-4....................  Crocidolite.
2172-73-5.....................  Amosite.
77536-67-5....................  Anthophyllite.
77536-68-6....................  Tremolite.

[[Page 27075]]

 
77536-66-4....................  Actinolite.
NA............................  Libby Amphibole (mainly consisting of
                                 tremolite [CASRN 77536-68-6], winchite
                                 [CASRN 12425-92-2], and richterite
                                 [CASRN 17068-76-7]).
------------------------------------------------------------------------

    Bulk asbestos means any quantity of asbestos fiber of any type or 
grade, or combination of types or grades, that is mined or milled with 
the purpose of obtaining asbestos. This term does not include asbestos 
that is produced or processed as a contaminant or an impurity.
    Bulk materials containing asbestos means bulk materials in which 
asbestos is being mined or milled as a contaminant or an impurity, such 
as in vermiculite or talc.
    Chemical Information Submission System or CISS means EPA's 
electronic, web-based reporting tool for the completion and submission 
of CDR data, reports, and other information, or its successors.
    Form A means an abbreviated form for persons that know or can 
reasonably ascertain that they manufactured (including imported) or 
processed asbestos, including as an impurity, during the reporting 
period described in paragraph (f) but do not know and cannot reasonably 
ascertain the amount of asbestos manufactured (including imported) or 
processed by them.
    Form B means the standard form to be used by persons that know or 
can reasonably ascertain that they manufactured (including imported) or 
processed asbestos, including as an impurity, during the reporting 
period described in paragraph (f) and know or can reasonably ascertain 
how much asbestos they manufactured (including imported) or produced.
    Primary processor means a person that starts with bulk asbestos or 
bulk materials containing asbestos and makes a mixture that contains 
asbestos as a component.
    Secondary processor means a person that further processes asbestos, 
after primary processing of asbestos is completed, as a component of a 
mixture, or an article containing asbestos.
    Small processor means any processor whose total annual sales, when 
combined with those of its parent company (if any), are less than $12 
million.
    (b) Substance for which reports must be submitted.
    The requirements of this section apply to asbestos, including 
asbestos in bulk form, as a component of a mixture, in an article, and 
as an impurity.
    (c) Persons who must report.
    Persons who have manufactured (including imported), or processed 
asbestos, including asbestos as a component of a mixture, asbestos in 
articles, and asbestos as an impurity in the four full calendar years 
prior to the effective date of this rule must report under this 
subpart.
    (d) Persons exempt from reporting.
    A person who is subject to reporting requirements pursuant to 
paragraph (c) is exempt from the requirements in this subpart to the 
extent that the person and that person's use of asbestos is described 
in this paragraph.
    (1) Non-isolated intermediate. A person who manufactures or 
proposes to manufacture asbestos, as described in paragraph (c), solely 
as a non-isolated intermediate is exempt from the reporting 
requirements of this subpart.
    (2) Research and development. A person who manufactures (including 
imports), processes, or proposes to manufacture (including import), or 
process asbestos, as described in paragraph (c), only in small 
quantities solely for research and development is exempt from the 
reporting requirements of this subpart.
    (3) Small manufacturers (including importers) and processors. Small 
manufacturers (including importers) and processors are exempt from the 
reporting requirements of this subpart for the substance Libby 
Amphibole only.
    (e) Reporting information to EPA.
    Persons described in paragraph (c) of this section must report to 
EPA the following information, to the extent known to or reasonably 
ascertainable by them. In the event that specific numeric data is not 
known or is not reasonably ascertainable by the submitter, then 
reasonable estimates may be submitted.
    (1) Required forms. Report using the appropriate Form, based on 
whether you know or can reasonably ascertain a quantity for asbestos.
    (i) Form A. Report using Form A if you know or can reasonably 
ascertain that asbestos is a component of a mixture or article but are 
unable to determine the asbestos quantity by weight.
    (ii) Form B. Report using Form B if you know or can reasonably 
ascertain a quantity for asbestos.
    (2) A certification statement signed and dated by an authorized 
official of the submitter company. The authorized official must certify 
that the submitted information has been completed in compliance with 
the requirements of this part and that the confidentiality claims made 
on Form A or Form B are true and correct. The certification must be 
signed and dated by the authorized official for the submitter company, 
and provide that person's name, official title, and email address.
    (3) Company and plant site information. The following currently 
correct company and plant site information must be reported for each 
site at which a reportable chemical substance is manufactured 
(including imported) or processed (see Sec.  704.3 for the ``site'' for 
importers):
    (i) Company name. The highest-level U.S. parent company name, 
address, and Dun and Bradstreet D-U-N-S[supreg] (D&B) number. A 
submitter under this part must obtain a D&B number for the U.S. parent 
company if none exists.
    (ii) Authorized official. The name of a person who will serve as 
Authorized Official for the submitter company, and who will be able to 
sign the certification statement as described in paragraph (e)(1), the 
Authorized Official's full mailing address, telephone number, and email 
address.
    (iii) Point of contact. The name of a person who will serve as 
technical contact for the submitter company, and who will be able to 
answer questions about the information submitted by the company to EPA, 
the contact person's full mailing address, telephone number, and email 
address.
    (iv) Site information. The site name, full street address, 
including the county or parish (or other jurisdictional indicator) in 
which the plant site is located. Also report the following:
    (A) The appropriate D&B number for the plant site. If none exists, 
you must obtain a D&B number for the reported site.
    (B) Other site identification numbers, including the Facility 
Registry Service (FRS) identification number, if they exist.
    (v) Applicable NAICS code. The six-digit North American Industry 
Classification System (NAICS) code(s) of the site.

[[Page 27076]]

    (vi) Number of employees. The total number of employees at the 
site. Select from among the ranges of employees listed in Table 2 of 
this paragraph and report the corresponding code (i.e., W1 through W8):

   Table 2 in Sec.   704.180(e)(3)(vi)--Codes for Reporting Number of
                                Employees
------------------------------------------------------------------------
               Code                                Range
------------------------------------------------------------------------
W1...............................  Fewer than 10 employees.
W2...............................  At least 10 but fewer than 25
                                    employees.
W3...............................  At least 25 but fewer than 50
                                    employees.
W4...............................  At least 50 but fewer than 100
                                    employees.
W5...............................  At least 100 but fewer than 500
                                    employees.
W6...............................  At least 500 but fewer than 1,000
                                    employees.
W7...............................  At least 1,000 but fewer than 10,000
                                    employees.
W8...............................  At least 10,000 employees.
------------------------------------------------------------------------

    (4) Activity information. The following activity information must 
be reported.
    (i) Type of activity at reporting site. Report all that apply.
    (A) Mining of bulk asbestos or bulk materials containing asbestos.
    (B) Milling of bulk asbestos or bulk materials containing asbestos.
    (C) Importing of bulk asbestos or bulk materials containing 
asbestos.
    (D) Primary processing of bulk asbestos or bulk materials 
containing asbestos.
    (E) Secondary processing of mixtures or articles containing 
asbestos.
    (F) Importing of mixtures or articles containing asbestos.
    (ii) Form B only. For mining, milling, or importing of bulk 
asbestos reported under activity in paragraph (e)(4)(i)(A) through (C), 
report by year:
    (A) The most specific asbestos type that applies. Select from among 
the asbestos types listed in Table 1 of paragraph (a) in this section. 
If the specific asbestos type is not known or reasonably ascertainable, 
report the general listing, asbestos CASRN 1332-21-4.
    (B) For each asbestos type, report
    (1) Quantity of asbestos, in pounds.
    (2) Disposition of asbestos (see Table 3 in paragraph (e)(4)(ii)(B) 
of this section).

           Table 3 in Sec.   704.180(e)(4)(ii)(B)--Disposition
------------------------------------------------------------------------
               Code                       Disposition description
------------------------------------------------------------------------
1................................  Used on-site, including further
                                    processed.
2................................  Stored on-site.
3................................  Sent to another U.S. site (including
                                    intra-company transfer) for use or
                                    processing.
4................................  Stored at another U.S. site
                                    (including intra-company transfer).
5................................  Exported outside of the U.S. without
                                    further processing.
6................................  Disposed of within the U.S.
                                    (explain).
7................................  Other (explain).
------------------------------------------------------------------------

    (iii) Reporting information for mining, milling, or importing of 
bulk materials containing asbestos. For mining, milling, or importing 
of bulk materials containing asbestos reported under the activity 
identified in paragraph (e)(4)(i)(A) through (C), report by year:
    (A) Bulk material type manufactured or processed (e.g., talc, 
vermiculite).
    (B) For Form B only, for each bulk material type:
    (1) Quantity of bulk material manufactured or processed.
    (2) Percent asbestos by weight in bulk material.
    (3) The most specific asbestos type that applies. Select from among 
the asbestos types listed in Table 1 in paragraph (a) of this section. 
If the specific asbestos type is not known or reasonably ascertainable, 
report the general listing, asbestos CASRN 1332-21-4.
    (4) Any testing of or test results assessing the asbestos content 
of your bulk material in the applicable reporting years.
    (i) If testing was conducted, specify how often testing was 
conducted on the presence of asbestos in your bulk material and what 
method and type of test was used for determining asbestos content, and 
provide the test results.
    (ii) If testing was not conducted, explain how you knew or 
reasonably ascertained the presence and amount of asbestos in the bulk 
materials.
    (C) For each bulk material type, the disposition of bulk material 
(see Table 3 in paragraph (e)(4)(ii)(B) of this section).
    (iv) Reporting information for primary processors. For primary 
processing reported under activity identified in paragraph (e)(4)(i)(D) 
of this section, report by year:
    (A) For Form B only, the total quantity of asbestos processed.
    (B) End product type, selecting from products listed in Table 4 in 
paragraph (e)(4)(iv)(B) of this section. If your end product is not 
listed, report ``other'' and provide a brief description. For each end 
product type, report:
    (1) For Form B only, the most specific asbestos type that applies. 
Select from among the asbestos types listed in Table 1 in paragraph (a) 
of this section. If the specific asbestos type is not known or 
reasonably ascertainable, report the general listing, asbestos CASRN 
1332-21-4. Report also the total annual quantity of asbestos type 
processed.
    (2) The total annual production quantity of end products produced, 
using the associated unit of measure listed in Table 4 in paragraph 
(e)(4)(iv)(B) of this section. If a unit of measure is not listed, 
provide the unit of measure associated with the quantity reported.
    (3) For Form B only, the percentage of asbestos in the end product.
    (4) For Form B only, the disposition of the end product (see Table 
3 in paragraph (e)(4)(ii)(B) of this section).
    (5) For Form B only, explain if you tested or received test results 
assessing the asbestos content of your end product in the applicable 
reporting years.
    (i) If testing was conducted, specify how often testing was 
conducted on the presence of asbestos in your end product and what 
method and type of test was used for determining asbestos content, and 
provide the test results.
    (ii) If testing was not conducted, explain how you knew or 
reasonably ascertain the presence and amount of asbestos in the end 
product.

        Table 4 in Sec.   704.180(e)(4)(iv)(B)--End Product Types
------------------------------------------------------------------------
            Code                      Name             Unit of measure
------------------------------------------------------------------------
                   Papers, Felts, or Related Products
------------------------------------------------------------------------
01..........................  Commercial paper....  Short Tons.
02..........................  Rollerboard.........  Short Tons.
03..........................  Millboard...........  Short Tons.

[[Page 27077]]

 
04..........................  Pipeline wrap.......  Short Tons.
05..........................  Beater-add gasketing  Short Tons.
                               paper.
06..........................  High-grade            Short Tons.
                               electrical paper.
07..........................  Unsaturated roofing   Short Tons.
                               felt.
08..........................  Saturated roofing     Short Tons.
                               felt.
09..........................  Flooring felt.......  Short Tons.
10..........................  Corrugated paper....  Short Tons.
11..........................  Specialty paper       Short Tons.
                               (specify generic
                               name).
12..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                             Floor Coverings
------------------------------------------------------------------------
13..........................  Vinyl asbestos floor  Square yards.
                               tile.
14..........................  Asbestos felt backed  Square yards.
                               vinyl flooring.
15..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                        Asbestos Cement Products
------------------------------------------------------------------------
16..........................  A/C pipe and          Short Tons.
                               fittings.
17..........................  A/C sheet, flat.....  100 sq. ft.
18..........................  A/C sheet corrugated  100 sq. ft.
19..........................  A/C shingle.........  Squares.
20..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
 Transportation Friction Materials (Including Aircrafts, Marine Vessels,
            Railroad Engine and Railcars, and Other Vehicles)
------------------------------------------------------------------------
21..........................  Drum brake lining     Pieces.
                               (light-medium
                               vehicle).
22..........................  Disc brake pads       Pieces.
                               (light-medium
                               vehicle).
23..........................  Disc brake pads       Pieces.
                               (heavy vehicle).
24..........................  Brake block (heavy    Pieces.
                               equipment).
25..........................  Clutch facings (all)  Pieces.
26..........................  Automatic             Pieces.
                               transmission
                               friction components.
27..........................  Friction materials    Pieces.
                               (industrial and
                               commercial).
28..........................  Custom automotive     Pieces.
                               body filler.
29..........................  Transmissions.......  Pieces.
30..........................  Mufflers............  Pieces.
31..........................  Radiator top          Pieces.
                               insulation.
32..........................  Radiator sealant....  Pieces.
33..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                               Appliances
------------------------------------------------------------------------
34..........................  Appliance Industrial  Pieces.
                               and consumer
                               (specify generic
                               name).
35..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                          Construction Products
------------------------------------------------------------------------
36..........................  Boiler and furnace    Pieces.
                               baffles.
37..........................  Decorated building    Pieces.
                               panels.
38..........................  Asbestos cement       Pieces.
                               sheet.
39..........................  Flexible Air          Pieces.
                               Conductor.
40..........................  Hoods and Vents.....  Pieces.
41..........................  Portable              Pieces.
                               construction
                               building.
42..........................  Roofing, saturated..  Pieces.
43..........................  Roof shingles.......  Pieces.
44..........................  Wallboard...........  Pieces.
45..........................  Wall/roofing panels.  Pieces.
46..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                   Electrical Products and Components
------------------------------------------------------------------------
47..........................  Cable insulation....  Pieces.
48..........................  Electronic motor      Pieces.
                               components.
49..........................  Electrical            Pieces.
                               resistance supports.
50..........................  Electrical            Pieces.
                               switchboard.
51..........................  Electrical switch     Pieces.
                               supports.
52..........................  Electrical wire       Pieces.
                               insulation.
53..........................  Motor armature......  Pieces.
54..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------

[[Page 27078]]

 
            Fire and Heat Shielding Equipment and Components
------------------------------------------------------------------------
55..........................  Arc deflectors......  Pieces.
56..........................  Fire doors..........  Pieces.
57..........................  Fireproof absorbent   Short tons.
                               paper.
58..........................  Heat shields........  Pieces.
59..........................  Molten metal          Pieces.
                               handling equipment.
60..........................  Oven and stove        Short tons.
                               insulation.
61..........................  Pipe wrap...........  Pieces.
62..........................  Stove lining, wood    Pieces.
                               and coal.
63..........................  Stove pipe rings....  Pieces.
64..........................  Sleeves.............  Pieces.
65..........................  Thermal Insulation..  Short tons.
66..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                          Textiles and Clothing
------------------------------------------------------------------------
67..........................  Cloth...............  Pounds.
68..........................  Thread, yarn, lap,    Pounds.
                               roving, cord, rope,
                               or wick.
69..........................  Aprons..............  Pieces.
70..........................  Boots...............  Pieces.
71..........................  Gloves and mittens..  Pieces.
72..........................  Hats and helmets....  Pieces.
73..........................  Overgaiters.........  Pieces.
74..........................  Suits...............  Pieces.
75..........................  Aluminized cloth....  Short Tons.
76..........................  Rope or braiding....  Short Tons.
77..........................  Yarn, lap or roving.  Short Tons.
78..........................  Wicks...............  Short Tons.
79..........................  Bags................  Pieces.
80..........................  Belting.............  Short Tons.
81..........................  Blankets............  Pieces.
82..........................  Carpet padding......  Short Tons.
83..........................  Commercial/           Short Tons.
                               industrial dryer
                               felts.
84..........................  Draperies...........  Pieces.
85..........................  Drip cloths.........  Pieces.
86..........................  Fire hoses..........  Pieces.
87..........................  Ironing board pads    Pieces.
                               and insulation.
88..........................  Mantles, lamp or      Pieces.
                               catalytic heater.
89..........................  Packing and           Pieces.
                               packaging
                               components.
90..........................  Piano and organ       Pieces.
                               felts.
91..........................  Rugs................  Pieces.
92..........................  Tape................  Pieces.
93..........................  Theater curtains....  Pieces.
94..........................  Umbrellas...........  Pieces.
95..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                                 Gaskets
------------------------------------------------------------------------
96..........................  Sheet gasketing,      Pieces.
                               rubber encapsulated
                               beater addition.
97..........................  Sheet gasketing,      Pieces.
                               rubber encapsulated
                               compressed.
98..........................  Compressed sheet      Pieces.
                               gasketing (other).
99..........................  Metal reinforced      Pieces.
                               gaskets.
100.........................  Automotive gaskets..  Pieces.
101.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                      Marine Equipment and Supplies
------------------------------------------------------------------------
102.........................  Caulks, marine......  Pounds.
103.........................  Liners, pond or       Pieces.
                               canal.
104.........................  Marine bulkheads....  Pieces.
105.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                Paints, Coatings, Sealants and Compounds
------------------------------------------------------------------------
106.........................  Asphaltic compounds.  Pounds.
107.........................  Automotive/truck      Gallons.
                               body coatings.
108.........................  Buffing and           Pounds.
                               polishing compounds.
109.........................  Caulking and          Pounds.
                               patching compounds.
110.........................  Drilling fluid......  Gallons.
111.........................  Flashing compounds..  Pounds.
112.........................  Furnace cement......  Pounds.

[[Page 27079]]

 
113.........................  Glazing compounds...  Pounds.
114.........................  Plaster and stucco..  Pounds.
115.........................  Pump valve, flange    Pieces.
                               and tank sealing
                               components.
116.........................  Roof coatings.......  Gallons.
117.........................  Textured paints.....  Gallons.
118.........................  Tile cement.........  Pounds.
119.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                             Other Products
------------------------------------------------------------------------
120.........................  Sheet gasketing       Square Yards.
                               (other than beater-
                               add).
122.........................  Packing.............  Pounds.
123.........................  Paints and surface    Gallons.
                               coatings.
124.........................  Adhesives and         Gallons.
                               sealants.
125.........................  Asbestos-reinforced   Pounds.
                               plastics.
126.........................  Insulation materials  (Specify).
                               not elsewhere
                               classified (specify
                               generic name).
127.........................  Mixed or repackaged   Short Tons.
                               asbestos.
128.........................  Aerial distress       Pieces.
                               flares.
129.........................  Acoustical product..  Pieces.
130.........................  Ammunition wadding..  Pieces.
131.........................  Ash trays...........  Pieces.
132.........................  Baking sheets.......  Pieces.
133.........................  Blackboards.........  Pieces.
134.........................  Candlesticks........  Pieces.
135.........................  Chemical tanks and    Pieces.
                               vessels.
136.........................  Filters.............  Pieces.
137.........................  Grommets............  Pieces.
138.........................  Gun grips...........  Pieces.
139.........................  Jewelry making        Pieces.
                               equipment.
140.........................  Kilns...............  Pieces.
141.........................  Lamp sockets........  Pieces.
142.........................  Light bulbs (all      Pieces.
                               types).
143.........................  Linings for vaults,   Pieces.
                               safes, humidifies
                               and filing cabinets.
144.........................  Phonograph records..  Pieces.
145.........................  Pottery clay........  Pounds.
146.........................  Welding rod coatings  Pieces.
147.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------

    (v) Reporting information for secondary processors. For secondary 
processing reported under the activity identified in paragraph 
(e)(3)(i)(E) of this section, report by year:
    (A) For Form B only, the estimated total quantity of asbestos 
processed.
    (B) End product type listed in Table 4 in paragraph (e)(4)(iv)(B) 
of this section. For each product type, report:
    (1) For Form B only, the most specific asbestos type that applies. 
Select from among the asbestos types listed in Table 1 in paragraph (a) 
of this section. If the specific asbestos type is not known or 
reasonably ascertainable, report the general listing, asbestos CASRN 
1332-21-4. Also report the quantity of asbestos.
    (2) The total annual production quantity of the end products 
produced, using the associated unit of measure listed in Table 4 in 
paragraph (e)(4)(iv)(B) of this section.
    (3) For Form B only, the percentage of asbestos in the end product.
    (i) If testing was conducted, specify how often testing was 
conducted on the presence of asbestos in your products and what method 
and type of test was used for determining asbestos content, and provide 
the test results.
    (ii) If testing was not conducted, explain how you knew or 
reasonably ascertained the presence and amount of asbestos in the end 
product.
    (4) For Form B only, the disposition of the end product (see Table 
3 in paragraph (e)(4)(ii)(B) of this section).
    (vi) Reporting information for importers. For importing reported 
under activity identified in paragraph (e)(4)(i)(F) of this section, 
report by year:
    (A) For Form B only, the estimated total quantity of asbestos 
imported.
    (B) Imported product type (Table 4 (e)(4)(iv)(B). For each imported 
product type, report:
    (1) Whether the imported product is a mixture or an article.
    (2) For Form B only, the most specific asbestos type that applies. 
Select from among the asbestos types listed in Table 1 in paragraph (a) 
of this section. If the specific asbestos type is not known or 
reasonably ascertainable, report the general listing, asbestos CASRN 
1332-21-4. Also report the quantity of asbestos type.
    (3) The total annual import quantity of the imported product, using 
the associated unit of measure listed in Table 4 in paragraph 
(e)(4)(iv)(B) of this section.
    (4) For Form B only, the percentage of asbestos in the product.
    (5) For Form B only, explain if you tested or received test results 
assessing the asbestos content of your imported product in the 
applicable reporting years.
    (i) If testing was conducted, specify how often testing was 
conducted on the presence of asbestos in your imported product and what 
method and type of test was used for determining asbestos content, and 
provide the test results.
    (ii) If testing was not conducted, explain how you knew or 
reasonably ascertained the presence and amount of asbestos in the 
imported product.
    (6) For Form B only, the disposition of the imported product (see 
Table 3 in paragraph (e)(4)(ii)(B) of this section).

[[Page 27080]]

    (5) Employee information. For each activity reported, report the 
following information about employees at the associated site:
    (i) Number of employees involved with activity. Select from among 
the ranges of employees listed in Table 2 in paragraph (e)(3)(vi) of 
this section and report the corresponding code (i.e., W1 through W8).
    (ii) Is personal protective equipment used? If yes, identify the 
type(s) of personal protective equipment used.
    (iii) For Form B only, submit any workplace exposure measurement 
assessments and data (e.g., monitoring).
    (f) When to report.
    All information reported to EPA under this section must be 
submitted during the applicable submission period. The submission 
period shall begin six months following the effective date of this rule 
and last for three months.
    (g) Recordkeeping requirements.
    Each person who reports under this part must maintain records that 
document information reported under this part and in accordance with 
TSCA, permit access to, and the copying of such records by EPA 
officials. Relevant records must be retained for a period of five years 
beginning on the last day of the submission period.
    (h) Confidentiality claims.
    (1) Assertion of confidentiality claims--(i) Generally. Any person 
submitting information under this part may assert a confidentiality 
claim for that information, except for information described in 
paragraph (h)(1)(ii) of this section. Any such confidentiality claims 
must be asserted electronically, pursuant to Sec.  704.180(i), at the 
time the information is submitted. Information claimed as confidential 
in accordance with this section will be treated and disclosed in 
accordance with the procedures in 40 CFR part 2 and section 14 of TSCA.
    (ii) Exceptions. Confidentiality claims may not be asserted with 
respect to the following:
    (A) Site NAICS code required by Sec.  704.180(e)(3)(v);
    (B) For chemical identities and bulk material forms required by 
Sec. Sec.  704.180(e)(4)(ii)(A), (iii)(A), (iii)(B)(3), (iv)(B)(1), 
(v)(B)(1), and (vi)(B)(2);
    (C) Any data element that is left blank or designated as ``not 
known or reasonably ascertainable;'' or
    (D) Health and safety data required by Sec.  704.180(e)(5)(iii), 
except that the following information may be claimed as confidential:
    (1) Information that would reveal processes used in the 
manufacturing, importing, or processing of the substance or mixture, or 
the portion of a mixture comprised by any of the substances in the 
mixture, provided that the information is expressly identified as 
revealing processing information or portion of a mixture;
    (2) Company name or address, financial statistics, and product 
codes used by a company and contained in a study; and
    (3) Information other than company name or address, financial 
statistics, and product codes used by a company, which is contained in 
a study, the disclosure of which would clearly be an unwarranted 
invasion of personal privacy (such as individual medical records).
    (iii) Certification statement for claims. An authorized official 
representing a person asserting a claim of confidentiality must certify 
that the submission complies with the requirements of this part by 
signing and dating the following certification statement:

    ``I certify that all claims for confidentiality asserted with 
this submission are true and correct, and all information submitted 
herein to substantiate such claims is true and correct. Any knowing 
and willful misrepresentation is subject to criminal penalty 
pursuant to 18 U.S.C. 1001. I further certify that: (1) I have taken 
reasonable measures to protect the confidentiality of the 
information; (2) I have determined that the information is not 
required to be disclosed or otherwise made available to the public 
under any other Federal law; (3) I have a reasonable basis to 
conclude that disclosure of the information is likely to cause 
substantial harm to the competitive position of my company; and (4) 
I have a reasonable basis to believe that the information is not 
readily discoverable through reverse engineering.''

    (2) Substantiation.--(i) Requirement to substantiate. 
Confidentiality claims must be substantiated at the time of submission 
to EPA, unless exempt under paragraph (h)(2)(v) of this section.
    (ii) Information in substantiations may be claimed as confidential. 
Such claims must be accompanied by the certification described in 
paragraph (h)(1)(iii),but need not be themselves substantiated.
    (iii) Substantiation questions for all claims. Answers to the 
following questions must be provided for each confidentiality claim in 
a TSCA submission:
    (A) Please specifically explain what harm to the competitive 
position of your business would be likely to result from the release of 
the information claimed as confidential. How would that harm be 
substantial? Why is the substantial harm to your competitive position 
likely (i.e., probable) to be caused by release of the information 
rather than just possible? If you claimed multiple types of information 
to be confidential (e.g., site information, exposure information, 
environmental release information), explain how disclosure of each type 
of information would be likely to cause substantial harm to the 
competitive position of your business.
    (B) Has your business taken precautions to protect the 
confidentiality of the disclosed information? If yes, please explain 
and identify the specific measures, including but not limited to 
internal controls, that your business has taken to protect the 
information claimed as confidential. If the same or similar information 
was previously reported to EPA as non-confidential (such as in an 
earlier version of this submission), please explain the circumstances 
of that prior submission and reasons for believing the information is 
nonetheless still confidential.
    (C)(1) Is any of the information claimed as confidential required 
to be publicly disclosed under any other Federal law? If yes, please 
explain.
    (2) Does any of the information claimed as confidential otherwise 
appear in any public documents, including (but not limited to) safety 
data sheets; advertising or promotional material; professional or trade 
publications; state, local, or Federal agency files; or any other media 
or publications available to the general public? If yes, please explain 
why the information should be treated as confidential.
    (3) Does any of the information claimed as confidential appear in 
one or more patents or patent applications? If yes, please provide the 
associated patent number or patent application number (or numbers) and 
explain why the information should be treated as confidential.
    (D) Is the claim of confidentiality intended to last less than 10 
(ten) years (see TSCA section 14(e)(1)(B))? If yes, please indicate the 
number of years (between 1 (one) and 10 (ten) years) or the specific 
date after which the claim is withdrawn.
    (E) Has EPA, another federal agency, or court made any 
confidentiality determination regarding information associated with 
this chemical substance? If yes, please provide the circumstances 
associated with the prior determination, whether the information was 
found to be entitled to confidential treatment, the entity that made 
the decision, and the date of the determination.
    (iv) Exemptions from the substantiation requirement.

[[Page 27081]]

Confidentiality claims are exempt from the requirement to substantiate 
the claim at the time of submission for the data elements required 
pursuant to paragraphs (e)(4)(ii)(B)(1), (iii)(B)(1), (iv)(A), 
(iv)(B)(2), (v)(A), (v)(B)(2), (vi)(A), and (vi)(B)(3) of this section.
    (v) No claim of confidentiality. Information not claimed as 
confidential in accordance with the requirements of this section may be 
made public without further notice.
    (vi) Public copies. Submissions and their accompanying attachments 
that include a confidentiality claim must be accompanied, at the time 
of submission, by a public version of the submission and any 
attachments, with all information that is claimed as confidential 
removed. Only information that is claimed as confidential may be 
redacted or removed. Generally, a public copy that removes all or 
substantially all of the information would not meet the requirements of 
this paragraph.
    (A) Where the electronic reporting tool contains a checkbox or 
other means of designating with specificity what information is claimed 
as confidential, no further action by the submitter is required to 
satisfy this requirement.
    (B) For all other information claimed as confidential, including 
but not limited to information in attachments and in substantiations 
required under paragraph (h) of this section, the submitter must 
prepare and attach a public copy. Submissions with public or sanitized 
copies that are entirely blank or that are substantially reduced in 
length as compared to the CBI version will not meet the requirements of 
this paragraph (h)(2)(vi) of this section.
    (i) Electronic reporting.
    You must use the EPA Central Data Exchange (CDX) to complete and 
submit the information required under this section. Submissions may 
only be made as set forth in this paragraph. Submissions must be sent 
electronically to EPA using the asbestos reporting tool in CDX. The 
information submitted and all attachments (unless the attachment 
appears in scientific literature) must be in English. All information 
must be true and correct. Access the asbestos reporting tool and 
instructions, as follows:
    (1) By website. Access the asbestos reporting tool via the CDX 
homepage at https://cdx.epa.gov/ and follow the applicable 
instructions.
    (2) By phone or email. Contact the EPA TSCA Hotline at (202) 554-
1404 or [email protected].

[FR Doc. 2022-09533 Filed 5-5-22; 8:45 am]
BILLING CODE 6560-50-P


