[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Rules and Regulations]
[Pages 47782-47806]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-14405]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 704

[EPA-HQ-OPPT-2021-0357; FRL-8632-01-OCSPP]
RIN 2070-AK99


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is finalizing 
reporting and recordkeeping requirements for asbestos under the Toxic 
Substances Control Act (TSCA). EPA is requiring certain persons who 
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 this final rule to electronically report 
certain exposure-related information. This action results in a one-time 
reporting requirement. EPA emphasizes that this requirement includes 
asbestos that is a component of a mixture. The information sought 
includes presence, types, and 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. EPA and other Federal agencies will 
use reported information in considering potential future actions, 
including risk evaluation and risk management activities.

DATES: This final rule is effective August 24, 2023.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPPT-2021-0357, is available online 
at https://www.regulations.gov or in person at the Office of Pollution 
Prevention and Toxics Docket (OPPT Docket) in the Environmental 
Protection Agency Docket Center (EPA/DC). All documents in the docket 
are listed on https://www.regulations.gov. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Additional instructions on visiting the docket, 
along with more information about dockets generally, is available at 
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, as defined 
for purposes of this TSCA rulemaking. The use of the term 
``manufacture'' in this document encompasses ``import,'' and the term 
``manufacturer'' encompasses ``importer.'' Any use of the term 
``asbestos'' will apply to asbestos in bulk form, in an article and/or 
product, as an impurity, or as a component of a mixture. For a more 
thorough discussion of the subject asbestos types, please see Unit 
IV.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 that contain asbestos, including as an impurity, 
whether or not those chemical substances or mixtures are on the TSCA 
Chemical Substance Inventory. The TSCA Chemical Substance Inventory 
contains all existing chemical substances--including those with CBI 
claims protecting their identity--manufactured, processed, or imported 
in the United States that do not qualify for an exemption or exclusion 
under TSCA.
    This rule does not require reporting on substances that are 
excluded from the definition of ``chemical substance'' in TSCA section 
3(2)(B). Those exclusions include, but are not limited to: Any 
pesticide (as defined by the Federal Insecticide, Fungicide, and 
Rodenticide Act) when manufactured, processed, or distributed in 
commerce for use as a pesticide; any food, food additive, drug, 
cosmetic, or device, as defined by the Federal Food, Drug, and Cosmetic 
Act, when manufactured, processed, or distributed in commerce for use 
as a food, food additive, drug, cosmetic or device; tobacco or any 
tobacco product; any source material, special nuclear material, or 
byproduct material as such terms are defined in the Atomic Energy Act 
of 1954; and, any article the sale of which is subject to the tax 
imposed by section 4181 of the Internal Revenue Code of 1954. 
Substances which have been manufactured or imported for intended use as 
any food, food additive, drug, cosmetic, or device as defined by the 
Federal Food, Drug, and Cosmetic Act, are not chemical substances under 
TSCA.
    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, which although the 
terms ``business,'' ``company,'' and ``firm'' can have different 
meanings in some contexts, all are used to describe entities regulated 
under this rule, may include entities identified in:
     NAICS code 2122--Metal Ore Mining.
     NAICS code 2123--Nonmetallic Mineral Mining and Quarrying.
     NAICS code 322--Paper Manufacturing.

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     NAICS code 323--Printing and Related Support Activities.
     NAICS code 324121--Asphalt Paving Mixture and Block 
Manufacturing.
     NAICS code 325--Chemical Manufacturing.
     NAICS code 326--Plastics and Rubber Products 
Manufacturing.
     NAICS code 327--Nonmetallic Mineral Product Manufacturing.
     NAICS code 331--Primary Metal Manufacturing.
     NAICS code 332--Fabricated Metal Product Manufacturing.
     NAICS code 333--Machinery Manufacturing.
     NAICS code 334--Computer and Electronic Product 
Manufacturing.
     NAICS code 335--Electrical Equipment, Appliance, and 
Component Manufacturing.
     NAICS code 336--Transportation Equipment Manufacturing.
     NAICS code 337--Furniture and Related Products 
Manufacturing.
     NAICS code 339--Miscellaneous Manufacturing.
     NAICS code 42--Wholesale Trade.
     NAICS code 441--Motor Vehicle and Parts Dealers.
     NAICS code 444--Building Material and Garden Equipment and 
Supplies Dealers.
     NAICS code 445110--Supermarkets and Other Grocery 
Retailers (except Convenience Retailers).
     NAICS code 445131--Convenience Retailers.
     NAICS code 449--Furniture, Home Furnishings, Electronics, 
and Appliance Retailers.
     NAICS code 455--General Merchandise Retailers.
     NAICS code 456110--Pharmacies and Drug Retailers.
     NAICS code 4571--Gasoline Stations.
     NAICS code 459--Sporting Goods, Hobby, Musical Instrument, 
Book, and Miscellaneous Retailers.
     NAICS code 56221--Hazardous Waste Treatment and Disposal.
     NAICS code 562920--Materials Recovery Facilities.
    You should carefully examine the regulatory text in this document 
to determine if your business is 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 taking this action under section 8(a)(1) of TSCA, 15 U.S.C. 
2607(a)(1), 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)(1) 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. 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 if they contain asbestos (the manufacture, importation or 
processing of which would be initiated for the first time after August 
25, 1989) (40 CFR 763.160 et seq.).
    Thus, EPA is exercising 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. 
However, 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 exempt from this reporting and recordkeeping 
rule with respect to Libby amphibole asbestos; this exemption does not 
extend to other types of asbestos. Note that small manufacturers 
(including importers) and processors of types of asbestos found in 
Libby amphibole (e.g., tremolite) are subject to this rule.
    For a more thorough discussion of the one-time reporting 
requirements for small manufacturers (including importers) and 
processors, see Unit IV.B. EPA has set an annual sales threshold, in 
any calendar year from 2019 to 2022, when combined with those of their 
ultimate parent company (if any) of $500,000, below which manufacturers 
and processors are not subject to the requirements of this rulemaking 
(i.e., the manufacturer/processor would need to report if its annual 
sales, combined with its parent company, was above $500,000 during 
2019, 2020, 2021, and/or 2022).
    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 requiring 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

[[Page 47784]]

time of the reporting under this rule may be claimed as confidential.

C. What action is the Agency taking?

    EPA is requiring 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 the following types of asbestos as described in more detail in 
Unit IV.A. of this document:
     Asbestos--CASRN 1332-21-4;
     Chrysotile--CASRN 12001-29-5;
     Crocidolite--CASRN 12001-28-4;
     Amosite--CASRN 12172-73-5;
     Anthophyllite--CASRN 77536-67-5;
     Tremolite--CASRN 77536-68-6;
     Actinolite--CASRN 77536-66-4; and
     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]).
    If a specific asbestos type is unknown, a submitter will provide 
information under the general asbestos form (CASRN 1332-21-4). See Unit 
II.B. for more information about what is considered asbestos.
    The following is a brief list of the primary data requirements in 
this rule. These requirements are described in detail in Unit IV.
    1. Asbestos domestic manufacturers (Asbestos Mine and Mill): The 
provisions in this rule require asbestos domestic manufacturers to 
provide the quantity manufactured of each asbestos type, activity for 
each asbestos type (i.e., mining and/or milling), and employee exposure 
information associated with each activity. This includes situations in 
which asbestos is being mined or milled as an intentional component or 
as an impurity, such as in vermiculite, talc, and other substances.
    2. Asbestos importers: The provisions in this rule require 
importers of asbestos to provide the quantity imported of each asbestos 
type, activity for each asbestos type, and employee exposure 
information associated with each activity. This includes importers of 
mixtures containing asbestos, articles containing asbestos, and 
impurities (in articles, bulk materials, or mixtures).
    3. Asbestos processors: The provisions in this rule require 
processors of asbestos (including processors of mixtures or articles) 
to provide the quantity processed per asbestos type, activity for each 
asbestos type (i.e., primary and/or secondary processing), and employee 
exposure information associated with each activity. This includes both 
primary processors and secondary processors of asbestos, as described 
in Units IV.F.3. and 4. This includes situations in which asbestos 
occurs as an impurity, such as in vermiculite, talc, and other 
substances.

D. Why is the Agency taking this action?

    The Agency is taking this action to obtain certain information 
known to or reasonably ascertainable by manufacturers (including 
importers) and processors of asbestos that EPA believes will 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, and other substances), that fall 
under the scope of this rule. Reported information will be used by EPA 
and other Federal agencies in considering potential actions involving 
asbestos, including EPA's TSCA risk evaluation and risk management 
activities. Requiring reporting may also increase public access to this 
information, which improves information quality overall, and may help 
inform and improve compliance assurance and accountability, and drive 
industry innovation. This action is also subject to a settlement 
agreement, as discussed in Unit II.C.3. 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 (EA) (Ref. 2) of the 
potential impacts associated with this rule. The primary purpose of 
this rule is to collect detailed data on asbestos uses and exposures. 
Reported information will 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 186 
to 1,044 firms may submit reports for 268 to 1,126 sites based on the 
manufacturing (including importing) or processing of asbestos, 
including mixtures, products, and articles containing asbestos, 
including as an impurity. More detail on these estimates and related 
assumptions and uncertainties are provided in the revised EA for the 
final rule (Ref. 2).
    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. 
Rule familiarization costs for reporting firms are estimated to require 
an average of 24 hours and $2,036 per firm. Where asbestos is 
intentionally manufactured or processed, the estimated average form 
completion burden and cost per site ranges from 12 hours and $1,243 to 
approximately 26 hours and $2,372, depending on the type of activities 
in which the respondent is engaged and the information known to or 
reasonably ascertainable by them. For articles where asbestos occurs as 
an impurity, the estimated average form completion burden and cost per 
site ranges from approximately 17 hours and $1,674 to about 39 hours 
and $3,451, again depending on the type of activities and the 
information that is known or reasonably ascertainable. CBI claim 
substantiation, recordkeeping, and electronic reporting activities are 
estimated to require approximately 4 hours and $347 per firm. 
Manufacturers and processors of articles who believe that asbestos may 
have been present as an impurity are also expected to incur one-time 
burdens and costs associated with rule familiarization and compliance 
determination that average approximately 67 hours and $4,703.
    EPA estimates a total industry quantified burden of approximately 
4.5 million hours, with a quantified total cost of approximately $319 
million to $323 million.
    EPA estimates that approximately 66,000 small firms will be 
affected by the rule. Of those small firms, 99.93 percent are expected 
to have cost impacts of less than 1% of annual revenues, 0.07 percent 
are expected to have impacts between 1-3%, and none are expected to 
have impacts of more than 3% of annual revenues. Costs to small 
businesses range from $4,430 to $11,273 per firm. Total costs to small 
entities are approximately $279 million to $283 million. The Agency is 
expected to incur a cost of approximately $654,000. The total social 
burden and cost are therefore estimated to be approximately 4.5 million 
hours and $320 million to $324 million, respectively (Ref. 2).
    EPA did not attempt to quantify the benefits of this action. As 
discussed in the economic analysis, EPA expects that information 
supplied as a result of this rule will allow EPA to more effectively 
and expeditiously evaluate risks posed by asbestos and manage them. 
Further, requiring reporting may provide the benefit of increased 
public access to this information, which improves information quality 
overall, and may help inform and improve compliance assurance and 
accountability, and drive industry innovation. Asbestos is hazardous to 
human health. Ultimately,

[[Page 47785]]

enhancing the risk evaluation process will have positive consequences 
for human health and the environment and may enable a more efficient 
allocation of EPA's and society's resources.

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, to the extent the 
information is known to or reasonably ascertainable by the submitter:
     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 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 type 
on the TSCA Inventory. However, CASRNs are also available for specific 
fiber types. See Unit IV.A.1. for additional discussion.
    In addition, EPA is including reporting for Libby amphibole 
asbestos (mainly consisting of tremolite [CASRN 77536-68-6], winchite 
[CASRN 12425-92-2], and richterite [CASRN 17068-76-7]) in order to help 
determine 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 refer 
to 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 rule.
    EPA has determined reporting on Libby amphibole asbestos' component 
parts, winchite and richterite, which are not asbestos types but 
commonly comprise Libby amphibole asbestos samples, shall be included 
in the scope of this TSCA section 8(a)(1) data collection and be 
reported on individually in addition to reporting on Libby amphibole 
asbestos (Ref. 5). Any reporting on Libby amphibole asbestos will 
improve EPA's understanding of this substance and will 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;
     Mesothelioma, a cancer of the thin lining of the lung, 
chest and the abdomen and heart; and
     Respiratory effects (e.g., asbestosis, non-malignant 
respiratory disease, deficits in pulmonary function, diffuse pleural 
thickening and pleural plaques).
    In the TSCA Risk Evaluation for Asbestos Part I: Chrysotile 
Asbestos published in December 2020 (Ref. 6), EPA identified and 
evaluated the reasonably available information for chrysotile asbestos, 
focusing on inhalation exposures and cancer outcomes as the hazards of 
asbestos exposure are well-established (Ref. 7).
    For a more thorough discussion on the asbestos types addressed by 
this rule, see Unit IV.A.1 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).

[[Page 47786]]

    It has been more than 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 rule is modeled after the 
1982 data collection but requires more detailed information from 
manufacturers (including importers) and processors in addition to 
information about asbestos 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 final rule differs from the 
existing CDR universe of data collected as it: (a) is a one-time data 
collection as opposed to a reoccurring data collection; (b) requires 
reporting for naturally-occurring asbestos; (c) requires processors of 
asbestos to report (i.e., sites manufacturing (including importing) 
and/or processing asbestos are subject to this rule); and (d) requires 
reporting by entities who are manufacturing (including importing), and/
or processing asbestos and to whom the asbestos content (i.e., asbestos 
type and presence, or asbestos type and quantity, if known) is known or 
reasonably ascertainable (see TSCA section 8(a)(2)). ``Known to or 
reasonably ascertainable by'' is defined at 40 CFR 704.3 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, 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 in this paragraph. Such an importer should 
document its activities to support any claims it might need to make 
related to due diligence. This rule also differs from CDR data 
collection as it applies to impurities and imported articles, both of 
which are exempted from CDR data collection (40 CFR 711.10(b) & (c)) 
(Ref. 9 and Ref. 10).
3. 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.5. 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 would 
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 would sign for publication in the Federal Register a notice of 
final action regarding the proposed TSCA section 8(a) rule. Pursuant to 
the agreement between the parties, EPA notified Plaintiffs in November 
2022 that EPA would miss the deadline to sign the final rule within 
eighteen months from the effective date of the agreement, and that it 
expected signature in late April 2023.
4. 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 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 for 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

[[Page 47787]]

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.
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 United States. 
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 ongoing uses of 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 move into risk management for the unreasonable risk for ongoing uses 
of asbestos 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 explained that its 
evaluation of asbestos includes the six fiber types listed in TSCA 
Title II (added to TSCA in 1986), section 202 (chrysotile (serpentine), 
crocidolite (riebeckite), amosite (cummingtonite-grunerite), 
anthophyllite, tremolite, or actinolite) and Libby amphibole asbestos 
(with tremolite, winchite, and richterite constituents), as well as 
asbestos present as an impurity in other substances. EPA expects that 
the one-time data collected from this rule will be used in TSCA Risk 
Evaluation for Asbestos Part 2 and will also inform risk management 
actions for asbestos under TSCA section 6(a).

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

    Reported information will 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 may provide EPA 
with baseline information needed to assess whether certain ``conditions 
of use'' of asbestos drive unreasonable risk to human 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 will take into consideration 
reasonably available information to inform the TSCA Risk Evaluation for 
Asbestos Part 2. Data collected by this rule could help to fill 
potential data gaps that EPA may have for asbestos that could better 
inform the Part 2 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 2 risk 
evaluation, which is expected on or before December 1, 2024. 
Additionally, the information collected in this rulemaking will help 
inform any required risk management actions following the risk 
evaluation process.
    For these reasons, EPA believes that the reporting and 
recordkeeping requirements in this rule are reasonable. See TSCA 
section 8(a)(1)(A).

III. Summary of Public Comments on Proposed Rule

    EPA received 27 comments on the proposed rule (87 FR 27060, May 6, 
2022 (FRL-8632-02-OCSPP)). Of these, seven comments, from certain 
industry stakeholders and ADAO, were in whole or in part requests to 
extend the comment period, which EPA denied. Three of the comments were 
generally supportive of the proposed rulemaking, with the remainder of 
the comments being generally adverse. The comments and EPA responses, 
as well as a more thorough summary of the comments received, are 
presented in the Response to Public Comments document (Ref. 15) that is 
available in the docket for this

[[Page 47788]]

rulemaking and summarized in this unit.
    The majority of comments on the proposed rule addressed the 
economic analysis EPA developed for the proposed rule, with the 
majority of commenters stating EPA largely underestimated the burden 
the proposed rule would impose. Commenters also suggested the need for 
EPA to consider a threshold exemption to reporting, for which nearly 
all industry groups expressed support; and wholly exempting asbestos as 
an impurity in articles and/or naturally occurring chemical substances.
    After considering the public comments, EPA made the following 
changes to the EA and rulemaking that are discussed in this unit.

A. How did the estimated number of impacted entities change?

    In response to comments received, in its revised EA for the final 
rule, EPA estimates the total number of sites subject to this 
rulemaking to be 67,647 to 68,505, inclusive of all potentially 
affected manufactures and processors subject to this rule, with 186 to 
1,044 firms reporting for 268 to 1,126 sites (Ref. 2). This is an 
increase of 168 to 1,026 firms and 241 to 1,099 sites from the estimate 
for the proposed rule, which did not quantify the number of entities 
potentially affected due to the potential presence of asbestos as an 
impurity. EPA maintains that use categories where the manufacturing or 
processing of asbestos (including asbestos mixtures) or articles 
containing asbestos is intended, known, or reasonably foreseen include 
chlor-alkali plants, sheeting gasket manufacturing, oilfield brake 
blocks, and aftermarket brakes. In response to comments that the number 
of estimated entities affected in the proposed rule and EA is 
unrealistically or unjustifiably low, as well as identification of 
industries that would be likely subject to the rulemaking, EPA has 
updated its EA for this rulemaking to estimate the number of affected 
entities potentially reporting for asbestos as in impurity (including 
impurities present in articles), which were not quantified in the 
analysis for the proposed rule. Details on affected entities are 
provided in the revised EA, which is available in the public docket for 
this rulemaking (Ref. 2).

B. How did the compliance burden associated with the reporting standard 
change?

    In the proposed rule, EPA was unable to determine the number of 
potential manufacturers (including importers) or processors of asbestos 
as an impurity in bulk materials or articles that would report due to a 
lack of information on the extent to which asbestos occurs as an 
impurity in bulk materials or articles. The Agency also recognized that 
the universe of entities that would be subject to the rule if finalized 
as proposed--particularly with regard to rule familiarization--might be 
larger than what the draft EA had estimated. Thus, EPA specifically 
sought public comment on the number of manufacturers (including 
importers) and processors who may be subject to the proposed rule due 
to the presence of asbestos impurities in their products, and on the 
related burden and cost for reporting. EPA sought comment on ways to 
minimize reporting burden on small manufacturers and processors 
pursuant to TSCA section 8(a)(5)(B), such as providing a reporting 
threshold based on factors including production volume or asbestos 
concentration. EPA received public comment providing additional 
information on instances of asbestos being present in very low 
concentrations in various products. Therefore, a threshold based on 
asbestos concentration or quantity would not satisfy EPA's data needs.
    After careful consideration of comments received on the number of 
firms that would potentially be subject to the rule (EPA-HQ-OPPT-2021-
0357-0052, EPA-HQ-OPPT-2021-0357-0049), EPA has, based in part on 
specific comment and in part on its judgment, revised its EA for the 
final rule to estimate the number of firms that may be subject to the 
rule because they potentially manufacture or process products 
containing asbestos as an impurity, and has revised the total estimated 
burden based on that number. At the time of the proposal, EPA estimated 
that 27 facilities that were intentionally manufacturing or processing 
products containing asbestos would be affected by the rule at an 
estimated cost of $99,496 (with a total social cost of $659,839 
estimated for the rulemaking, including EPA burden). With the inclusion 
of facilities that manufacture or process products containing asbestos 
as an impurity, EPA estimates that the rule will affect 96,687 to 
97,545 facilities (of which an estimated 268 to 1,126 will submit 
reports) at an estimated cost of approximately $319 million to $323 
million (with a total social cost estimated to be approximately $320 
million to $324 million). More detail on these estimates and related 
assumptions and uncertainties are provided in the revised EA for the 
final rule (Ref. 2). The increase in estimated total cost from that in 
the proposed rule is not driven by an increased compliance or reporting 
cost per entity, but is the result of identifying the larger number of 
entities that will spend time determining whether they must report for 
asbestos present as an impurity. Despite the increased social cost, EPA 
estimates that for products where asbestos is used intentionally, the 
estimated average burden and cost per site will range from 
approximately 12 hours and $1,243 (for secondary processors or 
importers of articles or mixtures using Form A) to 26 hours and $2,372 
(for bulk importers and primary processors using Form B). For products 
where asbestos occurs as an impurity, the estimated average burden and 
cost per site will range from approximately 17 hours and $1,674 (for 
secondary processors or importers of articles or mixtures using Form A) 
to 39 hours and $3,451 (for bulk importers and primary processors using 
Form B) and 244 sites are estimated to submit reports. The increased 
estimate of social costs in the EA of the final rule reflects the 
result of the notice and comment process. These costs reflect an 
updated analysis of entities subject to the rule, based on public 
comments (EPA-HQ-OPPT-2021-0357-0052, EPA-HQ-OPPT-2021-0357-0049) 
received on the proposed rule, rather than substantive changes to 
proposed reporting requirements.

C. What changes did EPA make to persons subject to the rule?

    TSCA Section 8(a)(5)(B) requires EPA to minimize, to the extent 
feasible, the cost of compliance for small manufacturers and 
processors, and EPA recognizes that it can alleviate some burden while 
continuing to address information needs and ensure that the information 
being sought is reported, per the requirements under Section 
8(a)(5)(C). While all known or reasonably ascertainable information on 
asbestos is of interest to EPA, the Agency recognizes that ultimate 
parent companies with comparatively low sales may not have information 
on asbestos to submit to EPA and such information is anticipated to be 
of much lesser magnitude than submissions provided by entities with 
greater sales. EPA received comment (EPA-HQ-OPPT-2021-0357-0046) that 
large businesses are more likely than small businesses to have 
resources dedicated to collecting information and tracking supply 
chains. Small businesses are also more likely to have fewer products or 
COUs on which to report. Viewed together, these factors warrant 
alleviating the burden of rule familiarization and reporting on some 
small businesses for purposes of this

[[Page 47789]]

rule. Further, EPA does not have information to suggest that any of the 
smallest entities would have reasonably ascertainable asbestos 
information on which to base their reporting or that they would have 
information on unique COUs. Such entities, then, would incur rule 
familiarization and compliance determination burden without providing 
the benefit of submitting data on asbestos. Thus, providing a sales 
threshold alleviates the burden of this rule from entities least 
positioned to report to the rule. EPA, therefore, has decided to set an 
annual sales threshold, when combined with those of their ultimate 
parent company (if any), of $500,000, below which manufacturers and 
processors are not subject to the requirements of this rulemaking. This 
figure represents a sales threshold where most entities throughout 
industry sectors that might report on manufacture or processing of 
asbestos to this rule remain regulated (i.e., subject to reporting 
requirements). EPA estimates that 33,000 to 34,000 otherwise 
potentially affected businesses are below the $500,000 sales volume 
threshold and thus are not subject to this rulemaking, with the result 
that the $500,000 reporting threshold saves small businesses a total of 
$138 million to $140 million.
    While EPA estimates that between 186 and 1,044 firms will meet the 
requirements to submit a report, approximately 67,000 firms with sales 
of $500,000 or more will incur average costs of nearly $5,000 for rule 
familiarization and compliance determination in order to determine that 
they do not need to report. Thus, only 0.3% to 1.5% of large firms 
incurring costs due to the rule are estimated to provide data to EPA. 
Given that smaller businesses may have fewer resources than large 
businesses for collecting information and tracking supply chains, an 
even smaller percentage of the 33,000 to 34,000 firms with revenues 
under $500,000 would be required to report. Since EPA does not have 
information to suggest that the smallest entities would have unique 
information on asbestos COUs on which to report, the $500,000 reporting 
threshold strikes the appropriate balance between collecting 
information on asbestos uses and exposures while minimizing, to the 
extent feasible, the cost of compliance for small manufacturers and 
processors. Thus, the reporting threshold provides burden relief for 
companies where reporting is least anticipated--based on EPA's analysis 
and expertise--while minimizing the risk that the Agency is deprived 
access to known or reasonably ascertainable information on asbestos.
    This change also aligns with the requirement under TSCA Section 
8(a)(5)(B) to minimize, to the extent feasible, the cost of compliance 
for small manufacturers and processors. Additionally, this change 
aligns with TSCA Section 8(a)(5)(C), which directs EPA to apply 
reporting obligations to those persons likely to have information 
relevant to the effective implementation.
    Accordingly, based on EPA's expertise, the Agency anticipates that 
making manufacturers and processors with annual sales greater than or 
equal to $500,000 (at the ultimate parent company level) subject to the 
rulemaking ensures that EPA receives reporting on each industry sector 
impacted by the rule, thereby helping to ensure that the Agency 
receives information on as many conditions of use as possible involving 
asbestos. For purposes of this rulemaking, EPA is not aware of 
instances where entities in a given industry sector with annual sales 
less than $500,000 (combined with their parent company) are likely to 
have information regarding asbestos that other entities (i.e., those 
with greater than or equal to $500,000 in annual sales) in the same 
sector would not be able to provide pursuant to the reporting standard. 
Further, EPA did not receive any comments on the proposed rule that 
identified any unique aspects of the smallest entities, thus based on 
EPA's analysis and expertise, and for the reasons identified above, EPA 
does not believe that such entities are likely to have information on 
their manufacturing or processing of asbestos.

D. How did 40 CFR 704.180(e) change for reporting information?

    In response to comments received, EPA added in 40 CFR 704.180(e) an 
explicit reference to 704.180(d) to clarify that persons exempted in 
704.180(d) (i.e., persons who manufacture or propose to manufacture a 
non-isolated intermediate, persons who manufacture or processes or 
propose to manufacture or process asbestos only in small quantities for 
research and development, persons who are small manufacturers and 
processors of Libby asbestos, and persons who manufacture or proposes 
to manufacture asbestos solely as a byproduct) are not required to 
report.

E. How did the definition of and use of ``bulk materials containing 
asbestos'' change?

    EPA has changed the appearance of ``bulk materials containing 
asbestos'' and its variations to ``bulk materials containing asbestos, 
including as an impurity'' and its variations throughout the preamble 
and regulatory text.

F. How did the references to talc and vermiculite change?

    EPA maintains that talc and vermiculite are some examples of the 
bulk commodities that may contain asbestos as an impurity. However, 
based on comments received, EPA recognizes that its repeated 
identification of these specific bulk materials and solely these 
materials as examples of such bulk commodities could be misconstrued 
and lead to the belief that asbestos impurities in talc and vermiculite 
are both unique to and common in these materials. As such, EPA has 
changed the phrase to read ``bulk materials where asbestos can be found 
as an impurity (e.g., talc, vermiculite, and other substances)'' on 
first reference only and ``bulk materials where asbestos can be found 
as an impurity'' thereafter.

IV. Summary of Reporting and Recordkeeping Requirements in the Final 
Rule

A. What chemical substances are reportable under this rule?

    EPA is requiring the reporting of information on specific asbestos 
types, 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 requiring 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 product, including as an impurity. This rule broadly covers 
asbestos and includes asbestos in the above non-exhaustive list of 
examples.
1. Asbestos Types
    EPA is seeking manufacturing (including importing) and processing 
information associated with the following different fibrous asbestos 
types, and therefore is requiring that reporting be completed for each 
of the types, to the extent that the information is known or reasonably 
ascertainable:
     Asbestos--CASRN 1332-21-4;
     Chrysotile--CASRN 12001-29-5;
     Crocidolite--CASRN 12001-28-4;
     Amosite--CASRN 12172-73-5;
     Anthophyllite--CASRN 77536-67-5;
     Tremolite--CASRN 77536-68-6;
     Actinolite--CASRN 77536-66-4; and
     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]).

[[Page 47790]]

    If a specific asbestos type is unknown, a submitter will provide 
information under the general asbestos form (CASRN 1332-21-4). See Unit 
II.B. for more information about what is considered asbestos.
2. Asbestos as an Impurity
    Impurity means a chemical substance which is unintentionally 
present with another chemical substance as per 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 
(Ref. 16). If all other reporting conditions are met (i.e., the person 
is not exempted and has annual sales above the reporting threshold), 
these products are subject to reporting under this rule. EPA is 
collecting data on asbestos as an impurity because EPA lacks 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 TSCA Risk Evaluation for Asbestos Part 2 where 
EPA will determine and then evaluate the relevant conditions of use of 
asbestos.
3. Articles Containing Asbestos
    This rule requires reporting on articles containing asbestos 
(including as an impurity). An ``article'' is defined in 40 CFR 704.3 
as ``a manufactured item which: (1) is formed to a specific shape or 
design during manufacture; (2) has end-use function(s) dependent in 
whole or in part upon its shape or design during end use; and (3) 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 will collect more data on imported 
articles containing asbestos; these data could inform the TSCA Risk 
Evaluation for Asbestos Part 2 where EPA will determine and then 
evaluate the relevant conditions of use of such articles containing 
asbestos. Articles included in the TSCA Risk Evaluation for Asbestos 
Part 1: Chrysotile Asbestos were limited to 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. 
17); EPA is interested in identifying if there are other articles 
containing asbestos or if there is information about specific types of 
asbestos in these articles.
4. Asbestos That Is a Component of a Mixture
    Under TSCA section 3(10) (15 U.S.C. 2602(10)), the term ``mixture'' 
is defined as ``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.'' Under this 
reporting rule, EPA will collect data on asbestos in circumstances 
where it is a component of a mixture to inform the TSCA Risk Evaluation 
for Asbestos Part 2. In the Part 2 risk evaluation, EPA will determine 
the relevant conditions of use of asbestos.
    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. 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 importers) 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 rule 
(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 these types of asbestos may not be 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, small manufacturers and processors of Libby amphibole 
asbestos continue to be exempted from reporting.
    EPA's experience with the TSCA Risk Evaluation for Asbestos Part 1: 
Chrysotile Asbestos indicates that small businesses (as defined by the 
Small Business Administration's size standards) are involved in 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 TSCA Risk 
Evaluation for Asbestos Part 2 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

[[Page 47791]]

risk evaluation or risk management activities. As a result, EPA is 
requiring 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, as 
necessary, report under this action.
    Based on comments received, EPA determined that it can alleviate 
some burden while continuing to address information needs and ensure 
that the information being sought is reported. EPA, therefore, has 
decided to set an annual sales threshold, when combined with those of 
their ultimate parent company (if any) of $500,000, below which 
manufacturers (including importers) and processors are not subject to 
the requirements of this rulemaking. The burden reduction includes 
eliminating rule familiarization, form completion, CBI substantiation, 
electronic reporting, and recordkeeping requirements for such entities. 
This change aligns with the requirement under TSCA Section 8(a)(5)(B) 
to minimize, to the extent feasible, the cost of compliance for small 
manufacturers (including importers) and processors while ensuring that, 
pursuant to TSCA Section 8(a)(1), the submission of reports and 
maintenance of records is necessary for the effective enforcement of 
TSCA. EPA believes that making manufacturers (including importers) and 
processors with annual sales equal to or greater than $500,000 (at the 
ultimate parent company level) subject to the rulemaking ensures that 
EPA receives reporting on each industry sector impacted by the rule, 
thereby helping to ensure that the Agency receives information on as 
many COUs as possible involving asbestos. EPA is not aware of instances 
where entities in a given industry sector with sales lower than 
$500,000 are likely to have information that other entities (i.e., 
those with equal to or greater than $500,000 in sales) in the same 
sector would not be able to provide pursuant to the reporting standard. 
This aligns with the requirement under TSCA Section 8(a)(5)(C) to 
apply, to the extent feasible, reporting obligations to those persons 
likely to have information relevant to the effective implementation of 
Title 1 of TSCA.
    EPA believes a threshold based on sales will ensure that 
representative entities within each industry sector will provide 
information to EPA regarding their knowledge of asbestos in their 
products as required (i.e., when information on the presence or 
quantity of asbestos in their products is known to or reasonably 
ascertainable by them). For sectors with varying product lines, EPA 
expects that entities with sales equal to or greater than $500,000 will 
generally have more products and thus will fairly represent what is 
known about the presence of asbestos in such sectors for purposes of 
providing information to the Agency. This sales-based threshold also 
serves as a proxy for a volume-based threshold (i.e., reporting 
contingent on manufacturing or processing more than a certain quantity 
during any year of the reporting period) or a quantity- or 
concentration-based (i.e., de minimis) threshold, which many commenters 
supported. EPA recognizes that certain companies with sales less than 
$500,000 may possess relevant information; however, the Agency 
anticipates that equivalent information would be known to or reasonably 
ascertainable by entities with greater sales, given what commenters 
(EPA-HQ-OPPT-2021-0357-0050, EPA-HQ-OPPT-2021-0357-0051) have stated to 
be a general lack of information being provided by large manufacturers 
(including importers) and suppliers on the presence of asbestos in 
materials provided to smaller downstream entities. Therefore, EPA would 
receive information on asbestos involving the given sector, which will 
inform the Agency's activities under TSCA section 6, as well as 
increase information on asbestos that is generally available. Further, 
EPA's analysis of industry sectors indicates that this threshold will 
ensure that representative sites of every particular sector are subject 
to the rulemaking requirements such that COUs unique to any sector(s) 
are included.
    As noted previously, EPA has determined that it needs certain 
information from small businesses for the effective implementation of 
TSCA, therefore is not exempting all small businesses from this rule. 
The smallest annual sales-based small business size standard is $2.25 
million and the largest is $47 million (13 CFR 121.201). Therefore, 
while the $500,000 annual sales threshold will limit information 
collected from the smallest subset of these companies, whom EPA does 
not anticipate would be likely to know or reasonably ascertain that 
they have manufactured or processed asbestos, it does not broadly 
exclude all small businesses. EPA anticipates larger firms are more 
likely to know or reasonably ascertain that they have manufactured or 
processed asbestos.
    EPA will use the small manufacturer (including importer) definition 
already established at 40 CFR 704.3. Thus, any entity manufacturing 
(including importing) Libby amphibole asbestos is 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 definition for small manufacturer (including importer) in the 
general TSCA section 8 regulations, as written in the Small 
manufacturer and Small government definitions (40 CFR 704.3), applies 
to domestic manufacturers and importers, but does not cover processors. 
Therefore, EPA is using a definition for small processors functionally 
identical to that established in 40 CFR 704.20--Chemical substances 
manufactured or processed at the nanoscale (Ref. 18) which was 
prescribed after consultation with SBA. Likewise, in proposing this 
modified definition for this one-time reporting rule, EPA provided 
notice and comment on the criteria for small processors and consulted 
with the SBA in accordance with TSCA section 8(a)(3)(B). Comments 
received and responses thereof are provided in Response to Public 
Comments document (Ref. 15).
    EPA is finalizing the slightly modified version of the nanoscale 
definition for small processors because it is most similar to the 
general small manufacturing (including importing) definition already 
promulgated. The definition for this rulemaking states: ``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 for this asbestos rulemaking 
to $12 million to align with the non-

[[Page 47792]]

volume portion of the TSCA small manufacturer definition in 40 CFR 
704.3, which 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 is not 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.

C. What is the reporting standard?

    This rule uses 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'' per 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 to 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 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 rule will be familiar with this 
reporting standard, and resources are available to support those 
submitters who may not be familiar with the standard. In response to 
public comments, EPA will provide such guidance and a compliance guide.
    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 may 
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. See 
section A.2.2 of the Response to Comments document for further 
discussion of the reporting standard.

D. When is reporting required?

    This rulemaking results in a one-time reporting obligation. EPA 
requires reporting for persons who have manufactured (including 
imported) or processed asbestos, including as an impurity in bulk 
materials or products, at any time during the four complete calendar 
years prior to the effective date of the final rule. The four calendar 
years are 2019 to 2022. These entities will report to EPA during a 
three-month submission period, which will begin six months following 
the effective date of the final rule. Therefore, manufacturers 
(including importers) and processors have up to nine months following 
the effective date of this 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 allows 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)(1) reporting rule 
results in the collection of similar information to that collected 
under CDR, EPA anticipates some submitters will be familiar with the 
types of information requested and how to report. EPA received several 
comments on the proposed rule requesting that the reporting deadline be 
extended by as much as 18 months. EPA evaluated these comments and 
determined that three months is adequate time for submissions, in 
addition to the six-month period between the effective date and the 
start of the submission period. This period (i.e., reporting due by 
nine months after the effective date of the rule) deadline is 
commensurate with the estimated time needed to obtain and report the 
data that this rulemaking requires. Further, ensuring prompt reporting 
of these data is necessary to inform EPA's TSCA risk evaluation and 
risk management activities involving asbestos.

E. How is information being reported?

    EPA is establishing 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, a threshold 
concentration for reporting might eliminate much of the information 
that may be useful to support EPA's TSCA risk evaluation and risk 
management efforts. Therefore, EPA

[[Page 47793]]

is requiring reporting 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 quantity of the asbestos in their products because the 
percentage of asbestos in their products is not known to or reasonably 
ascertainable by them. For those situations, EPA is providing a short 
form (Form A) for attestation purposes. For other situations, 
submitters who can determine or estimate the quantity will 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. Because the reporting this 
rulemaking requires will be electronic, both Form A and Form B are 
integrated into a single reporting tool application; preparers will be 
prompted to provide additional Form B data when they indicate they know 
or are able to provide a reasonable estimate of the quantity of 
asbestos.
1. Determining the Need To Report Using Form A
    Submitters who are aware of asbestos in their product, but who are 
unable to determine or estimate the quantity manufactured (including 
imported) or processed, will use Form A to provide a subset of the 
information required on Form B. This subset of information consists 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 known or reasonably ascertainable information regarding of 
asbestos manufacturing (including importing) and processing in the 
United States. Therefore, EPA is requiring a reporting approach that 
will ensure that even circumstances where asbestos exists in unknown 
quantities are captured. Some entities manufacturing (including 
importing) or processing asbestos as a component of a mixture or 
articles containing asbestos (including as an impurity) (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 including the short form (Form A) 
for such entities that are aware of presence 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 IV.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 requires 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 
of asbestos is close to a given quantity, they are required to report 
that quantity using Form B.
    Form B requires specific quantity information per asbestos type, 
more detailed processing information, and employee information 
(including employee exposure information). For a more detailed 
discussion on specifics included in Form B, see Unit IV.F.

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

    EPA is requiring certain information to be reported in either Form 
A or Form B. Unit IV.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 (i.e., extracted) or milled (e.g., crushed, 
grinded) bulk asbestos and bulk material containing 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 requiring that both Form A and B 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 from EPA. Specifically, EPA 
is requiring that submitters report the following information (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 will identify the activity for which they 
are reporting, selecting from the list provided in 40 CFR 
704.180(e)(4)(i). If more than one activity applies, the submitter will 
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-containing ore. Mined (i.e., 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 United States. EPA 
anticipates that companies who are mining, milling, or importing bulk 
asbestos will report using Form B, because the volume of asbestos is 
likely known to or reasonably ascertainable by them.
    For companies that are mining, milling, or importing bulk materials 
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 quantity of asbestos in their bulk material. EPA does not 
anticipate that asbestos is produced without a separate commercial 
intent during the manufacture, processing, use, or disposal of another 
chemical substance or mixture (see 40 CFR 704.3). Thus, EPA has not 
lifted the general reporting exemption for persons who manufacture, 
import, or proposes to manufacture or import asbestos solely as a 
byproduct (see 40 CFR 704.5(b)).
    Specifically, EPA is requiring that sites involved in mining, 
milling, or importing asbestos or bulk materials containing asbestos, 
including as an impurity, report certain information associated with 
those activities, as listed in 40 CFR 704.180(e)(4)(ii) and (iii), and 
(e)(5). All submitters will report the applicable asbestos type 
associated with the mining, milling, or importing activity. Submitters 
who import asbestos or bulk materials containing asbestos, including as 
an impurity into the United States, but do not receive it at their 
physical location (i.e., the material is instead received directly by a 
customer) can indicate such material was never physically present at 
the site of the importer, if appropriate.

[[Page 47794]]

    a. Bulk asbestos. In addition, EPA is requiring 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 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 disposed of. EPA is requiring that a 
site selecting ``Disposed of within the U.S.'' provides additional 
explanation to indicate the quantity and type of disposal (e.g., 
disposed in a landfill).
    b. Bulk materials containing asbestos, including as an impurity. 
EPA is requiring that sites involved in mining, milling, or importing 
bulk materials containing asbestos, including as an impurity, 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 types of asbestos. If a specific 
asbestos type is unknown, a submitter will provide information under 
the general asbestos form (CASRN 1332-21-4) (Form B only);
     Information describing how the amount of asbestos in the 
bulk material is known (Form B only); and
     The disposition of the bulk material as described in Unit 
IV.F.2.a.
3. Primary Processors of Asbestos (Processing Bulk Material, Other Than 
Milling), Including as an Impurity
    A primary processor starts with bulk asbestos or bulk materials 
containing asbestos, including as an impurity and makes a mixture that 
contains asbestos as a component. 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 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, including as an impurity, may report 
using either Form A or Form B.
    EPA is requiring 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 40 CFR 704.180(e)(4)(iv)(B)). For each 
product type, report by year:
     The most specific types of asbestos (Form B only);
     The total annual production quantity of end product, using 
the unit of measure as listed in Table 4 in 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 the presence, 
amount, and type of asbestos is known (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 IV.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 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 requiring 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 40 CFR 
704.180(e)(4)(iv)(B)). For each product type, report by year:
     The most specific types 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 40 CFR704.180(e)(4)(iv)(B);
     The percentage of asbestos in the end product (Form B 
only);
     If the asbestos content is an impurity, how the presence, 
amount, and type of asbestos is known (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 IV.F.2.a.
5. Importation of Asbestos as a Component of a Mixture or Article That 
Contains Asbestos, Including as an Impurity
    An importer of asbestos contained in a mixture or article that 
contain asbestos, including as an impurity, imports these substances 
into the customs territory of the United States.
    EPA anticipates that an importer of articles and/or products may 
report using either Form A or Form B. EPA is requiring 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 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 types of asbestos and the quantity of 
each asbestos type (Form B only);
     The total annual import quantity of the imported product, 
using the unit of measure as listed in Table 4 of 40 CFR 
704.180(e)(4)(iv)(B);
     The percentage of asbestos in the imported product (Form B 
only);
     Information about how the presence, amount, and type of 
asbestos is known (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 IV.F.2.a.
    Submitters who import asbestos as a component of a mixture or an 
article that contains asbestos, including as an impurity can indicate 
such material was never physically present at the site of the importer, 
if appropriate.
6. Employee Information
    For each activity reported, EPA is requiring that submitters also 
report certain information about the number of employees involved with 
the activity. Specifically, EPA is requiring 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

[[Page 47795]]

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 final rule?

    When evaluating which data elements to include in this final rule, 
EPA also considered potentially requiring reporting on additional 
information related to current employee exposures, wastewater 
treatment, disposal information, and customer sites. EPA specifically 
sought comment on if additional data elements should be required, and 
the majority of commenters were not supportive of additional data 
element. EPA chose not to include these additional data elements in 
this final rule in the interest of maintaining a manageable level of 
burden for reporting entities. EPA also believes that the data elements 
described in Unit IV.F. will provide sufficient information for use by 
EPA and other Federal agencies in potential actions involving asbestos, 
including EPA's TSCA risk evaluation and risk management activities.
1. 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 requiring 
that a site reporting ``Disposed of within the U.S.'' in response to 
Table 3 must 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 final rule beyond the disposal explanation that will 
be included in response to reporting ``Disposed of within the U.S.'' in 
response to Table 3.
2. 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 final rule.
3. Customer Sites Data
    EPA also considered requiring additional information about the 
number of customers respondents have. For the reasons described 
previously, EPA is not including reporting on these additional data 
elements in this final rule; however, EPA is requiring manufacturers 
(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 will information be submitted to EPA?

    EPA is requiring electronic reporting similar to the requirements 
established in 2013 for submitting other information under TSCA (see 40 
CFR 704.20(e)). EPA is requiring that submitters 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, December 4, 2013 
(FRL-9394-6)). The final rule followed two previous rules requiring 
similar electronic reporting of information submitted to EPA for TSCA 
CDR and for premanufacture notices (PMNs). By requiring 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 requiring that submitters 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) 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 are 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

[[Page 47796]]

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 rule are 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 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 is confidential information treated?

    In a separate rulemaking, EPA proposed new provisions concerning 
the assertion and treatment of CBI claims for information reported to 
or otherwise obtained by EPA under TSCA (87 FR 29078, May 12, 2022 
(FRL-8223-01-OCSPP)). Unless otherwise stated in specific TSCA 
regulations, 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 requiring in 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 providing that certain 
data elements cannot be claimed as confidential:
     Site NAICS code in 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 40 
CFR 704.180(h)(1)(ii)(B)), because the chemical identities are listed 
in the asbestos definition in 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 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 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 40 CFR 
704.180(h)(1)(ii)(D)(1)-(3). The electronic reporting tool described in 
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 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 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 this rule, CBI 
claims for specific production or import volumes of the manufacturer 
need not be substantiated, as identified in 40 CFR 704.180(h)(2)(iv). 
For all other information submitted under this rule, submitters are 
required to substantiate their confidentiality claims at the time of 
submission. Substantiation questions are listed in 40 CFR 
704.180(h)(2)(iii) and will be incorporated into the electronic 
reporting tool identified in 40 CFR 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 mixture.'' The workplace exposure 
measurement data listed in 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 as provided in 40 CFR 
704.180(h)(1)(ii)(D)(1)-(3) in health and safety studies will be 
required to submit a sanitized copy of the study, removing only that 
information which is claimed as confidential. See 40 CFR 
704.180(h)(1)(ii)(D) for additional information regarding health and 
safety studies and 40 CFR 704.180(h)(2)(vi)) regarding public copies.

J. What are the recordkeeping requirements?

    EPA is requiring 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

[[Page 47797]]

officials. Consistent with the CDR rule, EPA is requiring 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 
associated Agency activities are completed. Further, EPA believes the 
burden of retaining these records, which are likely electronic, is 
minimal.
    As demonstrated by the different reporting and recordkeeping 
requirements in this rulemaking and the structure of this rule in 
addressing them independently, EPA generally intends the rule's 
provisions to be severable from each other. As such, to the extent that 
any portion of this rule is declared invalid, EPA intends those 
provisions to be severable and the remaining provisions continue to be 
valid.

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 TSCA Section 8(a) Reporting 
and Recordkeeping Requirements for Asbestos. June 2023.
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.
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, 
2021. https://ntp.niehs.nih.gov/ntp/roc/content/profiles/asbestos.pdf.
8. EPA.Determining If You Are a Manufacturer or Importer for 
Reporting 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. EPA. Response to Public Comments on Proposed Rule. Asbestos; 
Reporting and Recordkeeping Requirements Under the Toxics Substances 
Control Act (TSCA).U.S. Environmental Protection Agency, Office of 
Chemical Safety and Pollution Prevention (OCSPP), Washington, DC. 
RIN 2070-AK99. June 2023.
16. Occupational Safety and Health Administration (OSHA). OSHA 
Occupational Chemical Database, Talc (Containing Asbestos). United 
States Department of Labor. https://www.osha.gov/chemicaldata/276.
17. U.S. Geological Survey (USGS). Asbestos Statistics and 
Information: Mineral Commodity Summaries. 2021. https://pubs.usgs.gov/periodicals/mcs2021/mcs2021-asbestos.pdf.
18. EPA. Final Rule; Chemical Substances When Manufactured or 
Processed as Nanoscale Materials; TSCA Reporting and Recordkeeping 
Requirements [40 CFR part 704]. Federal Register. 82 FR 3641, 
January 12, 2017 (FRL-9957-81).
19. EPA. Information Collection Request (ICR) for the TSCA Section 
8(a) Reporting and Recordkeeping Requirements for Asbestos (Final 
Rule; RIN 2070-AK99). EPA ICR No. 2711.02 and OMB No. 2070-0222. 
June 2023.
20. EPA. Unfunded Mandates Reform Act Statement. Asbestos; Reporting 
and Recordkeeping Requirements under the Toxic Substances Control 
Act (TSCA); Final. February 2023.

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 14094: Modernizing Regulatory Review

    This action is a ``significant regulatory action'', as defined 
under section 3(f)(1) of Executive Order 12866, as amended by Executive 
Order 14094. Accordingly, EPA, submitted this action to the Office of 
Management and Budget (OMB) for Executive Order 12866 review. 
Documentation of any changes made in response to the Executive Order 
12866 review is available in the docket. EPA prepared an economic 
analysis of the potential costs and benefits associated with this 
action (Ref. 2), which is

[[Page 47798]]

summarized in Unit I.E. and available in the docket.

B. Paperwork Reduction Act (PRA)

    The information collection requirements in this rule will be 
submitted to OMB for approval under the PRA, 44 U.S.C. 3501 et seq. The 
Information Collection Request (ICR) document that EPA prepared has 
been assigned EPA ICR No. 2711.02 (Ref. 19) and the OMB Control No. 
2070-0222. You can find a copy of the ICR document in the docket for 
this action, and it is briefly summarized here. The information 
collection requirements are not enforceable until OMB approves them.
    The information collection activities in the rule include a one-
time reporting by companies that manufacture (including import) or 
process asbestos of certain information to EPA and the requirement to 
maintain corresponding records.
    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 human 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). 
Understanding the health risks of asbestos and protecting the public 
and potentially exposed or susceptible subpopulations from these risks 
is a priority for EPA. Data collected by this rule could help to fill 
data gaps that EPA may have in exposure 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 to health or the environment. 
EPA needs to ensure that sufficient information is reasonably available 
on the uses and trends of asbestos activities to conduct the asbestos 
Part 2 Risk Evaluation, and if the Agency determines asbestos presents 
unreasonable risk based on that risk evaluation, then develop a risk 
management rule that would address any unreasonable risk.
    TSCA section 14 imposes requirements for the assertion, 
substantiation, and review of information that is claimed as 
confidential under TSCA. Some information submitted at the time of the 
reporting under this rule may be claimed as confidential.
    Respondents/affected entities: Asbestos manufacturers (including 
importers) and processors. See also Unit I.A.
    Respondent obligation to respond: Mandatory. TSCA section 8(a) and 
40 CFR 704.180.
    Frequency of response: One time.
    Total estimated number of respondents: 375.
    Total estimated number of responses: 375.
    Total estimated burden: 1.5 million hours (per year average). 
Burden is defined at 5 CFR 1320.3(b).
    Total estimated cost: $107.7 million (per year average), 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 for the 
EPA's regulations in 40 CFR are listed in 40 CFR part 9. When OMB 
approves this ICR, the Agency will announce that approval in the 
Federal Register and publish a technical amendment to 40 CFR part 9 to 
display the OMB control number for the approved information collection 
activities contained in this 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, in 
an article, and as an impurity in any of the four full calendar years 
prior to the effective date of this rule. The Agency has determined 
that approximately 66,000 small firms may be affected by the rule. In 
the proposed rule, because EPA did not estimate the number of 
manufacturers or processors of impurities, EPA estimated that 15 small 
businesses would be affected. The total cost to small businesses is 
$279 million to $283 million, essentially all of which is an increase 
compared to the estimates for the proposed rule (since EPA did not 
estimate the number of manufacturers or processors of impurities at the 
proposed rule stage). There are 32,000 to 33,000 small businesses that 
are not subject to this rule because their revenues are less than 
$500,000. (The range is based on the potential number of firms that 
otherwise would have reported for importing aftermarket automotive 
brakes in the absence of the $500,000 threshold.) The $500,000 
reporting threshold saves small businesses a total of $138 million to 
$140 million.
    Costs to small businesses range from $4,430 per firm (for firms 
reporting on products that intentionally contain asbestos) to $11,273 
per firm (for firms reporting on asbestos present as an impurity). Of 
small firms affected by the rule, 99.93 percent are expected to have 
cost impacts of less than 1% of annual revenues, 0.07 percent are 
expected to have impacts between 1-3 percent, and none are expected to 
have impacts of more than 3 percent of annual revenues. Details of this 
analysis are presented in the Economic Analysis (Ref. 2).
    One small oilfield brake block importer, 2 small gasket 
manufacturers, and 9 to 849 small firms in the aftermarket automotive 
brake industry are predicted to report. The average cost for these 
small firms is $4,430, as shown in Table 7-14 of the Economic Analysis 
(Ref. 2). The cost impact to these firms is less than 1% of revenues, 
which does not represent a significant impact on these small firms.
    As shown in Table 7-14 of the Economic Analysis (Ref. 2), 166 small 
firms are predicted to report for asbestos present as an impurity, at 
an average cost of $11,273. Of these firms, 118 have a cost impact of 
less than 1% of revenues and 48 have a cost impact between 1% and 3% of 
revenues. This does not represent a significant impact on these small 
firms.
    Table 7-14 of the Economic Analysis (Ref. 2) also indicates that 
there are 65,335 small firms estimated to conduct compliance 
determination for asbestos as an impurity but not submit a report, 
incurring an average cost of $4,703. All of these firms have cost 
impacts of less than 1% of revenues, and thus do not incur significant 
impacts.

D. Unfunded Mandates Reform Act (UMRA)

    This action contains a federal mandate under UMRA, 2 U.S.C. 1531-
1538, that may result in expenditures of $100 million or more for 
state, local and tribal governments, in the aggregate, or for the 
private sector in any one year. Accordingly, the EPA has prepared a 
written statement (Ref. 20) as required under UMRA section 202 that is 
included in the docket for this action and is briefly summarized here.
    1. Authorizing Legislation. This rule is issued under the authority 
of TSCA section 8(a)(1), 15 U.S.C. 2607 (a)(1).
    2. Benefit-Cost Analysis. EPA has prepared an economic analysis to

[[Page 47799]]

evaluate, among other things, the benefits and costs of this rule (Ref. 
2). The rule is calculated to result in a total one-time cost to the 
private sector of $319 million to $323 million. When adjusted for 
inflation, the $100 million UMRA threshold is equivalent to 
approximately $170 million. Thus, the cost of the rule to the private 
sector in the aggregate exceeds the inflation-adjusted UMRA threshold.
    Because this is an information-collecting rule, EPA is not able to 
quantitatively measure the associated benefits. However, the rule may 
supply information on asbestos to which Federal agencies (and the 
public) do not currently have access. By enhancing the data supplied to 
risk-screening and risk-management programs, EPA expects to more 
effectively and expeditiously evaluate and manage any potential 
unreasonable risk posed by asbestos. The more EPA can base its 
decisions on actual data rather than on assumptions, the better EPA is 
able to tailor its risk management decisions to the level of actual 
risk, whether higher or lower than it would be if based on assumptions 
alone. Ultimately, enhancing the risk evaluation process will have 
positive consequences for human health and the environment and may 
enable a more efficient allocation of EPA's and society's resources.
    3. Impacts on State, local, and Tribal governments. This rule does 
not contain a significant Federal intergovernmental mandate because it 
neither imposes enforceable duties on State, local, or Tribal 
governments nor reduces an authorized amount of Federal financial 
assistance provided to State, local, or tribal governments. This rule 
contains no regulatory requirements that might significantly or 
uniquely affect small governments. The rule would require reporting 
from certain persons who manufactured (including imported) or processed 
asbestos and asbestos-containing articles (including as an impurity and 
as a component of a mixture). Governments do not typically engage in 
these activities, so State, local, and tribal government entities are 
not expected to be subject to the rule's requirements. This action is 
not subject to the requirements of UMRA section 203 because it contains 
no regulatory requirements that might significantly or uniquely affect 
small governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999) because it will 
not have substantial direct effects on states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government. 
Thus, Executive Order 13175 does not apply to this action.

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) because it will 
not have substantial direct effects on tribal governments, on the 
relationship between the Federal government and the Indian tribes, or 
on the distribution of power and responsibilities between the Federal 
government and Indian tribes. It does not have substantial direct 
effects on tribal government because EPA does not anticipate that 
asbestos was manufactured (including imported) or processed by tribes 
so this rulemaking is not expected to impose substantial direct 
compliance costs on tribal governments. Thus, Executive Order 13175 
does not apply to this action.

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 Executive Order 13045. This 
action is not subject to Executive Order 13045, because it does not 
concern an environmental health or safety risk. Since this action does 
not concern human health, EPA's Policy on Children's Health also does 
not apply.
    Although this action does not concern an environmental health or 
safety risk, this one-time data collection will provide information 
that will be used to support the ongoing EPA risk evaluation of 
asbestos under TSCA, among other activities. The purpose of a TSCA risk 
evaluation is to determine whether a chemical substance presents an 
unreasonable risk to health or the environment, under the conditions of 
use, including an unreasonable risk to a relevant potentially exposed 
or susceptible subpopulation. As required by TSCA section (6)(b), EPA 
established a process to conduct these risk evaluations, see the final 
rule entitled ``Procedures for Chemical Risk Evaluation Under the 
Amended Toxic Substances Control Act'' (82 FR 33726, July 20, 2017 
(FRL-9964-38)) (Risk Evaluation Rule). Pursuant to TSCA and the Risk 
Evaluation Rule, as part of the risk evaluation process, EPA must (1) 
evaluate both hazard and exposure, (2) exclude consideration of costs 
or other non-risk factors, (3) use scientific information and 
approaches in a manner that is consistent with the requirements in TSCA 
for the best available science, and (4) ensure decisions are based on 
the weight-of-scientific-evidence. EPA also believes that the 
information obtained as a result of this one-time data collection could 
also be used by the public, government agencies and others to identify 
potential problems, set priorities, and take appropriate steps to 
reduce any potential human health or environmental risks identified in 
the TSCA risk evaluation.

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'' as defined in 
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. Further, we have concluded that this action is not 
likely to have any adverse effect on the supply, distribution or use of 
energy.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards under the 
NTTAA section 12(d), 15 U.S.C. 272.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs 
federal agencies, to the greatest extent practicable and permitted by 
law, to make environmental justice part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of their programs, policies, and 
activities on minority populations (people of color and/or Indigenous 
peoples) and low-income populations.
    EPA believes that it is not practicable to assess whether the human 
health or environmental conditions that exist prior to this action 
result in disproportionate and adverse effects on people of color, low-
income populations and/or Indigenous peoples. As explained in Unit 
II.B., asbestos

[[Page 47800]]

exposure is a hazard to human health. This action establishes a one-
time reporting requirement for asbestos that requires companies to 
report to EPA certain exposure-related information known to or 
reasonably ascertainable by those entities as discussed in detail in 
Unit IV.F. At this time, EPA is not able to provide an assessment of 
potential exposures that may be identified as a result of the one-time 
reporting requirement in this rule and thus cannot determine whether 
the human health or environmental conditions that exist prior to this 
action have the potential to result in disproportionate and adverse 
effects on people of color, low-income populations and/or Indigenous 
peoples. This action establishes a one-time reporting requirement and 
would not change any existing disproportionate and adverse effects on 
people of color, low-income populations and/or Indigenous peoples.
    The information obtained as a result of this action may be used to 
support the ongoing EPA risk evaluation for asbestos, which may result 
in risk management activities. EPA also believes that the information 
obtained as a result of this action could be used by the public 
(including people of color, low-income populations and/or Indigenous 
peoples) to inform their behavior as it relates to sources of asbestos 
exposure or by government agencies and others to identify potential 
problems, set priorities, and take appropriate steps to reduce any 
potential human health or environmental risks.

K. Congressional Review Act (CRA)

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

List of Subjects in 40 CFR Part 704

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

    Dated: June 30, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, for the reasons set forth in the preamble, EPA is 
amending 40 CFR chapter I, Subchapter R 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. Amend subpart B by adding Sec.  704.180 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 (a).

            Table 1 to Paragraph (a)--CASRN of Asbestos Types
------------------------------------------------------------------------
             CASRN                            Asbestos type
------------------------------------------------------------------------
1332-21-4.....................  Asbestos.
12001-29-5....................  Chrysotile.
12001-28-4....................  Crocidolite.
12172-73-5....................  Amosite.
77536-67-5....................  Anthophyllite.
77536-68-6....................  Tremolite.
77536-66-4....................  Actinolite.
NA............................  Libby amphibole asbestos (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 an impurity.
    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 who 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) of this section 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 who 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) of this section and know or can 
reasonably ascertain how much asbestos they manufactured (including 
imported) or produced.
    Primary processor means a person who starts with bulk asbestos or 
bulk materials containing asbestos, and makes a mixture that contains 
asbestos as a component.
    Secondary processor means a person who further processes asbestos, 
after primary processing of asbestos is completed, including 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, in 
an article and/or product, as an impurity, or as a component of a 
mixture.
    (c) Persons who must report. Persons (i.e., plant sites) who have 
manufactured (including imported), or processed asbestos, including 
asbestos as a component of a mixture, asbestos in articles, or asbestos 
as an impurity in the four full calendar years prior to the effective 
date of this rule, and with annual sales greater than or equal to

[[Page 47801]]

$500,000, in any calendar year from 2019 to 2022, when combined with 
those of their ultimate parent company (if any), must report under this 
subpart.
    (d) Persons exempt from reporting. A person who is subject to 
reporting requirements pursuant to paragraph (c) of this section 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 
(d).
    (1) Non-isolated intermediate. A person who manufactures or 
proposes to manufacture asbestos, as described in paragraph (c) of this 
section, 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) of this section, 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 Libby amphibole asbestos 
only.
    (4) Byproducts. A person who manufactures (including imports) or 
proposes to manufacture (including import) asbestos solely as a 
byproduct is exempt from the reporting requirements of this subpart.
    (e) Reporting information to EPA. Persons described in paragraph 
(c) of this section and not described and exempted in paragraph (d) 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 are not known or are 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, including as a component of a mixture or 
article, or as an impurity, 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, including as a component of a 
mixture or article, or as an impurity.
    (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 definition 
of ``site,'' which includes what ``site'' means 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)(2) of 
this section, 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.
    (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 (e) and report the corresponding code (i.e., W1 through 
W8):

    Table 2 to Paragraph (e)--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, 
including as an impurity.
    (B) Milling of bulk asbestos or bulk materials containing asbestos, 
including as an impurity.
    (C) Importing of bulk asbestos or bulk materials containing 
asbestos, including as an impurity.
    (1) For importing only. For importing only, if the imported bulk 
material was never physically present at the reporting site.
    (2) [Reserved]
    (D) Primary processing of bulk asbestos or bulk materials 
containing asbestos, including as an impurity.
    (E) Secondary processing of asbestos, including as a component of a 
mixture, or an article containing asbestos.
    (F) Importing of asbestos, including as a component of a mixture, 
or an article containing asbestos.
    (ii) For importing only. For importing only, if the imported bulk 
material was never physically present at the reporting site.
    (iii) Form B only. For mining, milling, or importing of bulk 
asbestos reported under activity in paragraphs (e)(4)(i)(A) through (C) 
of this section, 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) Report. For each asbestos type, report the following:
    (1) Quantity of asbestos, in pounds.
    (2) Disposition of asbestos (see Table 3 to this paragraph (e)).

[[Page 47802]]



                  Table 3 to Paragraph (e)--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).
------------------------------------------------------------------------

    (iv) Reporting information for mining, milling, or importing of 
bulk materials containing asbestos, including as an impurity. For 
mining, milling, or importing of bulk materials containing asbestos 
reported under the activity identified in paragraphs (e)(4)(i)(A) 
through (C) of this section, report by year:
    (A) Bulk material type manufactured or processed.
    (B) For Form B only, for each bulk material type:
    (1) Quantity of bulk material manufactured or processed.
    (2) Percent asbestos impurity by weight in bulk material.
    (3) The most specific asbestos type that applies. Select from among 
the asbestos types listed in Table 1 to 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 of this paragraph (e)).
    (D) For importing only, if the imported bulk material was never 
physically present at the reporting site.
    (v) 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 of 
this paragraph (e). 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 types that apply. 
Select from among the asbestos types listed in Table 1 in paragraph (a) 
of this section. If the specific asbestos types are not known or 
reasonably ascertainable, report the general listing, ``asbestos CASRN 
1332-21-4''. Report also the total annual quantity of each of the 
asbestos types processed.
    (2) The total annual production quantity of end products produced, 
using the associated unit of measure listed in Table 4 of this 
paragraph (e). 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 of this paragraph (e)).
    (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 to Paragraph (e)--End Product Types
------------------------------------------------------------------------
                                                     End product unit of
            Code                      Name                 measure
------------------------------------------------------------------------
                   Papers, Felts, and Related Products
------------------------------------------------------------------------
01..........................  Commercial paper....  Short Tons.
02..........................  Rollerboard.........  Short Tons.
03..........................  Millboard...........  Short Tons.
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).
------------------------------------------------------------------------

[[Page 47803]]

 
 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).
------------------------------------------------------------------------
            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.

[[Page 47804]]

 
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.
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.

[[Page 47805]]

 
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, humidifiers
                               and filing cabinets.
144.........................  Phonograph records..  Pieces.
145.........................  Pottery clay........  Pounds.
146.........................  Welding rod coatings  Pieces.
147.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------

    (vi) Reporting information for secondary processors. For secondary 
processing reported under the activity identified in paragraph 
(e)(4)(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 of this paragraph (e). For 
each product type, report:
    (1) For Form B only, the most specific asbestos types that apply. 
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 each type of asbestos.
    (2) The total annual production quantity of the end products 
produced, using the associated unit of measure listed in Table 4 of 
this paragraph (e).
    (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 of this paragraph (e)).
    (vii) Reporting information for importers. For importing reported 
under an 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 of this paragraph (e)). 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 types that apply. 
Select from among the asbestos types listed in Table 1 in paragraph (a) 
of this section. If a specific asbestos type is not known or reasonably 
ascertainable, report the general listing, ``asbestos CASRN 1332-21-
4''. Also report the quantity of each asbestos type.
    (3) The total annual import quantity of the imported product, using 
the associated unit of measure listed in Table 4 of this paragraph (e).
    (4) Whether the imported asbestos was never physically present at 
the reporting site.
    (5) For Form B only, the percentage of asbestos in the product.
    (6) 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.
    (7) For Form B only, the disposition of the imported product (see 
Table 3 of this paragraph (e)).
    (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 of this paragraph (e) 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

[[Page 47806]]

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: I have taken 
reasonable measures to protect the confidentiality of the 
information; I have determined that the information is not required 
to be disclosed or otherwise made available to the public under any 
other Federal law; 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 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)(iv) 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) of this section, 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. 
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)(iii)(B)(1), (iv)(B)(1), (v)(A), 
(v)(B)(2), (vi)(A), (vi)(B)(2), (vii)(A), and (vii)(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. 2023-14405 Filed 7-24-23; 8:45 am]
BILLING CODE 6560-50-P


