Document 3Jej9nermQjEE5xnG6m1oyLKD

PLAINTIFF'S EXHIBIT A(3 FRCW A/C Pipe Producers Association `ydie-d mtemaf Correspondence Executive Committee International Affairs Committee Q'^.UXelc.Llp/0 j/lj. Welch, Vice Preside^ifQ Jg'i--"<1 DATE August 6, 1932 <T' SU9JECT U.S. Environmental Protection Agency - Toxic Substances Control Act (TSCA), Section 8(a) Reporting Requirements for Asbestos Use REF: (l) Regulatory Affairs, Field Problems and Asbestos Research Report, July 9, 1982 (2) JFW correspondence, EPA - TSCA Section 8(a) Reporting Requirements for Asbestos Use and Substitutes, March 5, 1980 ACTION REQUIRED: Review for information -V/' 7 Background Section 8(a) of TSCA empowers the Administrator to promulgate rules under which manufacturers of chemical substances must submit reports on chemical identity, categories of use, total amount manufacturered, manufacturing byproducts, environmental and health effects and number of individuals exposed to those substances. A reporting requirement for primary and secondary processors was proposed on .January 26, 1981. A/C pipe manufacturers are considered primary processors.'. Current Status On July 30, 1982, EPA issued a final rule to "obtain current information about major aspects of'asbestos manufacturing, processing, and importation to support the Agency's asbestos risk investigation." The enclosed regulation becomes effective on August 30, 1982. Primary processors must respond to the reporting requirements within 90 days thereafter. EPA. will direct mail the reporting forms. If you have anv questions, please do not hesitate to call. JFW/ajb ' cc: A. Kahn, Esq. .copies to: h.Executive Committee Ambler J. Cran L. Taylor H03EI20405 Chrono International Affairs Committee F.. van der Rest J. Ouvelier R. Dorner P. Oiboin L. Giannitrapani G. Zaviezo N. Officer J. Rodrigues P. Hart Dimatit A. Saoulis J. Schmaus R. Jalan V. Pattabhi H. Hudson C. Rarton S. Al-Tarkait M. Uelcourt CAPCO JEN 0012057 Friday July 30, 1982 Pari Vil Environmental Protection Agency Asbestos Reporting Requirements CAPCO JEN 0012058 33198 Federal Register / Vol.' 47. No, 147 / Friday, July 30,1982 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40CFR Part 763 IOPTS-34G048;TSH-FRL2124-4J Asbestos Reporting Requirements agency: Environmental Protection Agency (EPA). action: Final rule.________ summary:This final rule, under the- authority of section 8(a) of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2607(a), requires "reporting to EPA by asbestos manufacturers, importers, and processors. The information sought includes data on the quantities of asbestos used in making products, employee exposure data, and waste disposal and pollution control equipment data. Reported information will be utilized by EPA and other Federal agencies in considering the regulation of asbestos. . date: This regulation becomes effective on August 30,1982. FOR FURTHER INFORMATION CONTACT: Douglas C. Bannerman, Industry Assistance Office (TS-7S9), Environmental Protection Agency, Rm. E-511,401M St., SW,, Washington, D.C. 20460, Toll free: (800-424-9065). In Washington, D.C: (554-1404). Outside the USA: (Operator-202-544-1404). - *PLEMENTARY INFORMATION: DM3 Control Number: (2000-0478). . Introduction EPA proposed a rule in the Federal Register of January 26,1981 (46 FR 8200) under section 8(a) of the Toxic Substances Control Act (TSCA). to obtain information on industrial and commercial uses of'asbestos. The Agency received 80 written comments on the proposal and held one public. meeting. This preamble explains the provisions and procedures of the final ' rule and the changes EPA has made to reduce the burden of the rule. The basic design of the rule remains unchanged: it divides the asbestos industry into two groups for reporting purposes. EPA will require detailed informa lion on EPA Form 7710-36, "Reporting Commercial and Industrial Uses of Asbestos," from the first group--persons who mine, mill, or import bulk asbestos, or process it to form an asbestos mixture or product, such as asbestos paper. The latter persons are called "primary processors of asbestos." This first group must report within 90 days of the effective tU-'e of this rule. EPA will require reporting in two needed for determining the cost and phases Tor the second group--secondary effectiveness of potential risk-reduction processors of asbestos (secondary steps. The Agency will consider this processors of asbestos make products reported information in calculating the from asbestos mixtures, not bulk extent of exposure from asbestos and in asbestos), and persons who import determining where the exposures asbestos mixtures or other products that present an unreasonable risk. The contain asbestos. In the first phase, Agency cannot now adequately companies will have 60 days from the determine what asbestos-containing effective date of the rule to. identify themselves and the asbestos mixtures they process or import on EPA Form 7710-37, "Reporting Secondary Processing and Importation of Asbestos Mixtures." EPA will then select a sample of respondents from this identification phase to complete the detailed EPA Form 7710-36 in the second phase of reporting for this group. ' After considering the substantive comments to the proposed rule, the Agency has changed several provisions' of the proposed rule to reduce the burden on repor.dents without - ' _ significantly decreasing the value of the information that this rule will collect. . The two primary changes from the proposal are (1) respondents must submit data from only 3 years on EPA Form 7710-38 and (2) the recordkeeping requirements for customer lists and monitoring data arc eliminated. A full discussion of the substantive comments and EPA's responses to those comments can be found in a document entitlad "Public Comments on the Proposed products are currently made and who makes them. While there are over 3,000 . existing patents for applications of asbestos, there is no information on which ones have been used commercially. For example, persons who commented on the proposed reporting rule identified some products which the Agency had previously not identified as containing asbestos. Individual reports which identify firms, production sites, and asbestos products will provide an inventory of asbestos . use that is not presently available. The regulatory investigation now . underway is examining the separate and cumulative exposures to all types of ' populations that occur during production, manufacturing, use, and disposal of asbestos products. Concurrently. EPA scientists are developing a health risk assessment to use in quantitatively predicting adverse health effects resulting from exposure to asbestos. Information from this rule will permit the Agency to attribute TSCA Section 8(a) Asbestos Reporting accurately the risk in specific industries .Rule" which is part of the public record or from specific products to a portion of for this rule and is incorporated into this the overall cumulative risk. The Agency document.- will use the data to'identify areas where II. Purpose of the Rule exposure levels should be reduced. The reports will also identify industries and This rule will obtain current products that require no farther information about major aspects of consideration. asbestos manufacturing, processing, and ' The Agency is assessing all available importation to support the Agency's asbestos risk investigation. Under TSCA, EPA is examining the costs and the benefits to society from all applications of asbestos in order to decide, within a range of potential options, what actions may be necessary to adequately protect the public health. ' The investigation is considering the information and conducting factual discussions with industry. The information collected through this rule will offer a neutral basis from which the Agency can establish agreements, as appropriate, for industry to take voluntary steps to reduce the levels of risk. The Agency wilt encourage various Federal authorities now industry to adopt voluntary actions to - regulating different aspects of asbestos control exposure levels. exposures, to examine the effectiveness . EPA expects to initiate regulatory of current regulatory activities. In proceedings to control exposures in addition to providing data for the TSCA cases where non-regulatory actions are investigation, this information rule will not appropriate. The Agency will support decisions on a number of examine the various Federal statutes to potential Federal actions by providing a find the most appropriate authority to total picture of the current situation that effect the necessary control. If TSCA will help focus further activities in the provides the proper authority, the most appropriate manner- Agency may take actions to control information obtained by this rule, specific uses of asbestos which involve along with already available data, will risks that are found to be be used to describe the exposures and "unreasonable" within the meaning of economics of asbestos use to the extent section 6 of TSCA. The Agency may CAPCO JEN 0012059 Fednral Register / Vol. 47. No. 147 / Friday, Juiy 30. 1582 / Rules and Regulations 33199 determine that labelling of products would sufficiently reduce the risk. If the Agency determines that regulatory measures are warranted under the authority of section 6 of TSCA. the Agency will use information from this rule to support regulatory impact analyses required under Executive Order 12291. A complete data base will allow the Agency to choose and document better the most cost* . effective regulatory approach- The . Agency will consider all relevant ' information that it can reasonably obtain from the current manufacturers and processors who would be most affected by regulations. \ A. Needfor the Data'' This reporting is being required because adequate data are not otherwise available for the present investigation to determine where unreasonable risks from asbestos exist and the appropriate approaches to reduce those risks. Information that is currently available to the Agency is sufficient as the basis for qualitative generalizations about both the value of using asbestos in its various application and the risks from those activities. Yet. the Agency has no set of information that it can reference in quantifying either the risk from or the value of the various products and product suhcategories. Before drawing any final conclusions about asbestos, the Agency needs a data base that it can use to characterize the current situation with a greater degree of accuracy. EPA has examined all information presently available to Federal agencies and solicited information from industry prior to the issuance of this rule. Agency personnel and contractors reviewed the extensive literature concerning ashes:ns: obtained information from other Federal agencies; and developed new data ami made site visits when possible. The search for information is described in an internal EPA document entided, "Technical Information Summary" (TIS). which is part of the public record for this rule. The TIS summarizes ihe various sources of available information both in published literature and from Federal agencies, and it evaluates the usefulness of the information to the Agency. Additionally, the TIS describes efforts by EPA contractors to conduct necessary analyses and the problems they have encountered. Briefly, the `Technical Information Summary" contains the following . conciu.ilons about Government and industry documents that are available: While information is available generally ia (.haracterize the industries that make products from bulk asbestos, very little data exist on secondary processors. Further, all of the information that is available is inadequate in several . respects. The basic data source of asbestos consumption patterns is from the Bureau of Mines. Many of the documents concerning industrial and commercial uses of asbestos cite the Bureau of Mines data. However, the data used by `die Bureau of Mines to determine asbestos consumption are from on annual voluntary survey of only a portion of asbestos processors and. for instance, do not count.40 percent of the bulk asbestos we know is imported. The Bureau of Mines estimates that the asbestos consumption figures are accurate only to -50 percent-EPA expects to attain a higher degree of accuracy because virtually all of the processing of bulk asbestos will be reported under this rule and this production will be reported according to well-definecl categories of both ` companies and products. In addition. EPA will be able to characterize alL industry segments with greater confidence from data obtained In the representative survey. Agency contractors who have developed the preliminary analyses for the asbestos investigation participated in the design of these information requirements to ensure that any gaps and shortcomings of existing information will be corrected (o the extent possible. ' Available information provides general characteristics of the industries which make and process asbestos products. However, the information is already in an aggregated form-and discrete components cannot be ' separated from the totals.,For instance, at this time the Agency cannot characterize many products because data about the asbestos products are mixed in aggregates with data about similar,,non-asbesios products. The underlying data of the aggregates, which are needed For the Agency analyses, are not available in most cases. For example, the Bureau of the Census is precluded under Title 13. U.S. Code, from disclosing individual reports'lt receives. Further, the information is too superficial to analyze separately subcategories of products. In some areas, us is the case for most secondary processors, existing information is too sparse to enable the Agency to make any but the most genera! estimates. The lack of detail in available information means that the Agency is not able to analyze the effects that regulatory or voluntary actions on a single product may have on a multiproduct industry and to quantify expected reductions in risk. This rule will characterize activities at the plantsite level, which will permit the Agency to analyze how specific actions would affect various elements of the analyses. Most of the existing information consists of estimates that are based on data which may not reflect the current situation because the data were gathered many years ago. The most comprehensive information available covers the years 1S75-197G, and it was generated to support and respond to OSHA's proposal in 1975 to lower the asbestos workplace standard. Present information indicates that significant changes have occurred. For instance, the U.S. Bureau of Mines reports that apparent consumption In the United Sta tes of raw asbestos fiber declined 33 percent in 1980, with a drop in consumption from 658,347 short tons in 1976 to 358,703 short tons in I960-. Changes have also occuvred in the number of employees and the patterns of asbestos use. Information gathered through this rule will ensure a representative picture of the present situation and it will update or verify where possible data that already exist. The TIS reviews EPA's search for information within EPA and From other Federal agencies- Data have been acquired from the EPA Compliance Data System Asbestos National Emission Standard For Hazardous Air Pollutants (NKSHAPJ file, inspection data from both the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA). reports from CPSC's General Order (see the following paragraphs], and importer data from the U.S. Customs Service. The Agemry has acquired and evaluated information from these agencies, and concluded that these data do not adequately substitute for the information to be gatheredby _ this rule. A significant source of information on exposure levels in industry is the Occupational Safety and Health Administration (OSHA), which has, performed workplace inspections since it promulgated the workplace exposure level standard in 1972. OSHA records contain a great deal of anecdotal information but. for the following reasons, few generalizations can be drawn about industry-wide exposure levels or the number of workers that are exposed. Because OSHA does not uniformly inspect all industries, it is difficult to make statistically valid extrapolations far all of industry. Moreover, approximately SO percent of OSHA's inspections are in response to complaints, and cannot be extrapolated In make industry-wide estimates. CAPCO JEN 0012060 33200 Federal Register / Vol. 47, No. 147 / Friday, July 30, 1932 / Rules and Regulations Inspections responding to complaints that is part of the public record for this generally examine only the work area of rule. xronccrn to the complainant and, In the TSCA investigation, the Agency therefore, the data generally do not will use the information both to describe represent the facility-wide exposure the current situation and to forecast situation. Finally, reports are available changes either in the absence of on industries in only 34 states, because additional regulation or as a result of the other states have been authorized by new actions. Analyses will be OSHA to conduct their own inspections. conducted on several levels: industry The Consumer Product Safety . wide; by product category: and product Commission (CPSC) required the subcategory. The Agency will use manufacturers of specified consumer reported data to prepare exposure products to submit certain information', assessments, analyses of control about how asbestos is used in those options, and. if necessary, regulatory products under a General Order on ' 5 impact analyses. December 22,1980 (45 FR 84384). The The first analysis of the reported data Agency is examining the submitted data. will be the exposure assessment, where where respondents did not object to . the operational objective is the CPSC's sharing the reports with EPA..' development of sufficient data to This rule contains a provision whereby' determine cumulative human exposures. companies need not report the same For the exposure assessment, the rule information to EPA if it was already ., will identify the primary processor reported to CPSC without objection to . manufacturing sources, counting both CPSC's sharing the data. However, the workplace exposures (numbers of data from this General Order does not workers according to their general fully substitute for this rule because the category of work and their exposure Agency is Interested in subjects beyond levels by product line) and the what CPSC asked, such as employee ''. . exposures to populations living around exposure and plant-site emissions. the plant-site (environmental releases Agency contractors have encountered from pollution control equipment and a great deal of difficulty in performing their assessments with information that is available. A principal problem is that aggregate information about broad product categories is all that is available. This shortcoming in available data is significant because the contractors have found large variations in the ways companies process asbestos, control emissions, and dispose of ivastes. Their draft reports contain many generalities and qualify many findings by citing the unreliability of available data or the absence of certain types of data. The contractors have individually attempted to gather from uncontrolled vents). The size of the exposed general population and associated exposure levels will be computed using recognized techniques to analyze environmental pathways and monitoring data that provide the basis for modeling. In a sample survey, the Agency will learn how asbestos " mixtures are used by secondary processors, who will provide facts that characterize exposure levels for their operations, the size of their workforce, and exposures to the general population. Primary and secondary processors will report the kinds and quantities of additional data from industry, but have asbestos-containing waste they found that companies are reluctant to generate, which will permit analysis of disclose confidential business possible fiber release into the information. Agency staff have atmosphere from waste sites. Importers intervened by officially requesting will report the types of asbestos- needed information; however, vary little containing materials that currently enter data has been submitted as a result. the U.S. customs territory. The Agency will relate production reports by B. Uses of Collected Information secondary processors and importers The section 8(a) data will be used for analyses in the TSCA regulatory investigation and will be useful to other EPA offices and other Federal agencies. In preparation for obtaining these data, the Agency has developed plans to with existing data to estimate the kinds of populations that maybe exposed during the installation, use. removal, and disposal of the end-product. This exposure assessment will be performed for each asbestos product automate the information in a manner category, and in most cases the Agency that will maximize the utility of the wilt assess exposures from product information to the Agency, other Federal subcategories. The exposure factors will agencies, and the public. A full be used as input to appropriate dose- description of how the Agency plans to response studies to establish a risk usethe reported data including factor that describes the estimated computer-generated data outputs, can number of premature deaths to all be found in the Information Use Plan populations as a result of the asbestos activity that is assessed. In the case of asbestos, the number of premature deaths and related health care costs' are the primary societal costs that can be quantified. The assessments for each category wiiijje considered as a whole, both to determine the overall extent of risk presented by asbestos and to attribute to each category or subcategory their portion of the total risk. As already stated, the Agency will concentrate its further efforts on products that appear to pose the greatest potential for human exposure. The risk assessment may show that the total risk is so small that no further consideration is warranted. Alternatively, it may identify a ' '.1 particularly hazardous, apparently ' unnecessary situation that the Agency may want to investigate further. If the latter is the case, the Agency would examine the particular situation to find if there is a way to reduce the exposure levels. The particular situation could be referred to OSHA if it is a correctable workplace problem. The Agency would also examine the situation to determine the cost and availability of substitutes. . This rule will not obtain information about substitutes; the Agency believes that it already possesses sufficient information to conduct analyses of substitutes. A great deal of information about the development of substitutes lias been submitted to the Agency since the initiation of the asbestos investigation. In addition, EPA and ' CPSC jointly sponsored a national workshop on substitutes for asbestos in July 1980. where a great deal of information was presented. A record of the workshop can be found in the F.PA publication "Proceedings of the National Workshop on Substitutes for Asbestos", EPA-560/3-80-001, which can be acquired from the National Technical Information Service (NTIS). The.Agency will also examine a hazardous situation to determine why it exists and the likelihood that it will continue. With the level of risk already defined. Agency analysts would determine the value and benefits that can be attributed to that situation. With a baseline understanding of the current economic value. Agency analysts can forecast the situation as it will be several years later if uninterrupted by regulation. Trend analysis permits the Agency to study the effects of market forces that encourage or discourage ' growth. Baseline data can be used to predict the future situation, which can then be compared to projections of regulatory effects to estimate the incremental change that could result from various regulatory options. The "i i ; '5 tv&' v 3 j & CAPCO JEN 0012061 Federal Register / Vol. 47, No. 147 / Friday, July 30, 1932 / Rules and Regulations 33201 principal economic measures that will be determined from data obtained through this rule are the value of production, the importance of the asbestos activity to tlm total value produced at the reported sites, the number of employees, the relative value of imports to exports, and the relative value of production to the Gross National Product. These measures will illustrate the monetary importance of the product to the plant site, to the company, to the total asbestos maiket, to the nation, and to the balance of trade. Primary processors will report the value of their production for the last three years, describing the amount made for both export and domestic markets. Data from three years will permit analysts to use a multi-year average that is more reliable than data from a single year. Primary processors will report their consumption of bulk asbestos each year and estimate the relative value of their asbestos activity to total production at the plant site. Secondary processors will report the production of end products in which they incorporate the asbestos material and the purpose of including that material in the product. Both types of processors will report the total number of employees at the plant site as well as the number of production employees making subcategories of end products. With this detailed information, the Agency will bn able to predict the future value of production and to establish what might be the economic effects of regulation. Where the Agency finds that regulatory proceedings are appropriate, it will, through this rule, already have collected information necessary to describe fully the expected effects of the possible alternatives and to perform the analyses required by E.0.12291. Thus, a complete data base provided by this rule will preclude the need to obtain additional data later in the investigation, which would delay resolution of the investigation. Timely action will benefit the Agency, industry, and the public by providing a means to take immediate action that protects public health and by removing a cloud of uncertainty over other uses of . asbestos. The primary purpose of gathering these data is to sepport the TSCA investigation. However, as noted earlier, other EPA offices and Federal agencies may also utilize the data base in any studies that involve the commercial and industrial uses of asbestos. EPA's Office of Air Quality Planning and Standards (OAQPS) is reviewing the Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP). . Data from this rule that characterize and quantify emissions from stationary sources, the current economics of the industry, and its pollution control practices will be of value during the appraisal of this 1973 standard. EPA's Office of Solid Waste (OSW) may develop guidelines for the handling and disposal cf asbestos-containing wastes. OSW expects to use data from this rule that quantify the kinds of wasta presently generated by manufacturers and describe how and where those companies currently dispose of their wastes. Information that characterizes the kinds of asbestos-containing waste and current waste djsposal practices will permit analysts to determine the relative degree of hazard posed by waste disposal activities. The Consumer Product Safety Commission (CPSC) is examining consumer products to determine what products may pose a chronic hazard to consumers. EPA has coordinated the data requirements of ~ this rule with CPSC to eliminate duplication and to ensure that the reports will be useful to the CPSC investigation. This rule will provide a listing and quantification of imported and domestically produced consumer products containing asbestos which is not presently available. OSHA and MSHA have supported this rule throughout its development, because a current listing of companies, products, numbers of employees, and exposure levels would be very useful in reviews of the asbestos workplace exposure standards. HI. What to Report. EPA has developed two forms which arc to be completed by respondents. The composite form, EPA Form 7710-36, ' "Reporting Commercial and Industrial Use of Asbestos," (hereafter referred to as the "Primary Form"), has individual sections for reporting data about' products, production, asbestos . consumption, employees, workplace exposures, waste and disposal, pollution control equipment, and estimated quantities of asbestos eroissionsr Production and importation from 19791931 will be reported by category of product, rather than by individual product lines. Respondents will fill out the sections that apply to them. Each respondent is to complete the relevant sections of the form depending on the activities of the reported plant site. The instructions to the form dearly list the sections that are to be completed by miners and millers, importers of bulk asbestos, and primary processors respectively. Those persons will complete all applicable sections of the Primary Form, and will report all asbestos importation and processing activities in the first reporting phase. In addition, the Primary Form contains separate sections to be completed in a second reporting phase by a sample of persons who are only secondary processors and importers of asbestosccntaining products. Persons from those segments who are selected to complete the Primary Form during the sample survey will complete the applicable sections (see discussion below in unit VI, "Reporting Procedures"). EPA Form 7710-37, "Secondary Processing and Importation of Asbestos Mixtures," (hereafter referred to as the "Secondary Form"), is a short survey form which requires identification of asbestos mixtures or components, the amounts consumed or imported in 1961, and the products into which these . mixtures and components'are incorporated. The Secondary Form, to be completed by secondary processors and importers of asbestos-containing products, will serve several purposes for the Agency. The procedural purpose of the Secondary Form is to permit EPA to identify the companies in these groups in the least burdensome manner so that only a representative sample of the groups will be required to complete the Primary Form. The information from the Secondary Form, because it identifies firms and products and production amounts, will in itself provide EPA with valuable information. Data from the Secondary Forms will show the breadth of the secondary, processor population and the variety of asbestos-containing products that are presently manufactured or imported. Finally, the reports of the quantities of asbestos mixtures that were consumed or imported in 1981 will permit EPA to gauge the present levels of processing and importation of asbestos products. These data will be used in estimating potential worker and consumer exposure and in judging the economic consequences of alternative options. In addition, knowing the products of secondary processing will support determinations of the availability of substitutes. IV. Who Reports This rule defines who must report and what to report according to the industrial activity of the respondent during 1981. The Primary Form must be completed by all persons who mine, mill, import, or process bulk asbestos. The Secondary Form must be completed by secondary processors or persons who import asbestos mixtures or articles containing asbestos components. Some CAPCO JEN 0012062 33202 Federal Keister ]. voi. h/, iso, ih/ / rriGiiy, July yu, laoz / ixuies uuu iM^uiuiiuui of these persons will be selected subsequently also to complete the ' Primary Form. This section will clarify' th n.caning of some of these terms that arc specific to this rule. Under this rule, a manufacturer is a person who mines or mills (produces) bulk asbestos or a person who imports asbestos either as bulk asbestos or as part of a product Persons who. in addition to manufacturing, also process their products will report as both manufacturers and primary processors, as'described below. This rule does not require reports by manufacturers or processors of products which contain asbestos as a contaminant or an impurity. While the Agency is concerned about the health risk posed by fibrous minerals in many ores or other products, this subject is not within the scope of' the present rule. TSCA defines a processor, in part, as a person who prepares a chemical substance of mixture, after its manufacture, for distribution ire commerce. This rule classifies '" processors into two groups according to- their starting material. "Primary processors of asbestos" are those whose starting material is bulk asbestos. "Secondary processors of asbestos" are those whose starting materials are asbestos mixtures. A primary processor starts with bulk asbestos and makes a mixture that contains asbestos fiber. A primary processor may simply mix or repackage different types or sizes of fiber and then "1 that product. Such mixing or . ickaging of fibers is considered .mary processing of bulk asbestos for the purpose of this rule. Asbestos mixtures are products to which asbestos fiber has been intentionally added and _ which can be used or processed further rend incorporated into other products. For example, asbestos cement, asbestos . paper, and asbestos-reinforced plastics are asbestos mixtures. In some cases, a primary processor further processes the asbestos mixtures. If so. the person is also a secondary processor. For instance, asbestos paper can be further processed to incorporate it into an. article, or asbestos-reinforced plastics can be further processed to make.vinyl- nsbestos floor tile. Under this regulation, persons who are involved in both primary and secondary processing activities at the reported plant site must report both types of activities on the Primary Form. Only persons who are solely secondaty processors at the reported plant site report as secondary processors. "Secondary processors" are those who start with asbestos mixtures and incorporate them into their own products. For example, persons who fabricate asbestos cement sheet by cutting the sheet to make an electrical switch board, or perse vho make garments by cutting an asbestos textile, are secondary processors. A person who fabricates asbestos cement sheet by cutting it to a specific dimension for a customer is a secondary processor. An automobile manufacturer is a secondary processor if he incorporates asbestos felt into an automobile as a hood insulation blanket or makes heating vent ducks from asbestos paper. A paint formulator is a secondary processor if he purchases a paint that contains asbestos and reformulates the paint by adding some agent to give the paint special properties for specific applications. A complete list of categories of asbestos-starting materials and products may be found in EPA Forms 7710-36 and 7710-37. Those iyho import an asbestos mixture or an article containing an asbestos components) are required to identify themselves and the asbestos component(s) of the imported product. By this requirement. EPA is attempting to determine what asbestos-containing products are being distributed to consumers and to industry.This will enable the Agency to estimate the total health risk posed by asbestos, including the risk from imported products. The Agency recognizer, that there is a large universe of asbestos-containing products that are imported, and that some importers may not know that discrete components of imported ' merchandise contain asbestos. To ease the burden on companies that import a number of products that may contain asbestos, this rule requires importers to provide information relating only to the products listed in the reporting forms. Therefore, in some cases, EPA will not learn of or obtain'daia on all imports that contain asbestos. However, the lists of products are very comprehensive and EPA expects to obtain information on most imports that contain asbestos. Some-products, such as automobiles, are deliberately omitted because the Agency can otherwise obtain necessary information. Importers should note that under this rule, they are not required to conduct extensive research or to contact the foreign manufacturer to learn this information. Thes. under the rule, importers are required to report to the extent that this information is in their possession. This rule requires reporting by manufacturers (including importers) and processors of asbestos mixtures. Section 8(a) states that reporting by manufacturers or processors of mixtures should be required only when the Administrator determines that it is "necessary for the effective enforcement" of TSCA. Those who manufacture or process asbestos, mixtures are also necessarily processors of asbestos, the chemical substance. . Therefore, the "effective enforcement" finding is not needed. Nevertheless, thecharacterization of these products and processing activities is essential to the asbestos investigation and to the exent that such persons can be regardedjas manufacturers or processors of ' *1 mixtures, the Administrator finds that it is necessary for the effective enforcement of TSCA. For a more ; detailed discussion of this issue, see the preamble to the proposed rule at 46 FR 8204, which is hereby adopted., . _ ; V. Exemptions From the Rule The Agency is exempting certain classes of potential respondents fromthe requirements of the rute. The exemptions are designed to reduce the overall burden of the rule while still obtaining sufficient information for . . ' analyses that are planned. . - All companies employing 10 or fewer employees are exempted from the" - , requirements of this rule. EPA estimates that over 40 percent of companies not otherwise exluded will be exempted as., a result of this provision, while firms that account for approximately 97 percent of employees and sales will still be included. Further discussion of this provision can be found beio w in unit. XIII, "Regulatory Flexibility Act." Certain secondary processors are excluded from this rule..Secondary processors are exempted if they apply. .assemble, install, erect, or consume asbestos products without modifying or fabricating the asbestos products. For instance, an appliance manufacturer who installs electric motors containing asbestos components is excluded if the motor is made, elsewhere. Similarly, an automobile manufacturer need not report the installation of pra-fabricated hood in'sulation'blankets if no - .-fabrication is required during installation. An airplane manufacturer would not report the application of asbestos-containing caulk. Included in this category are secondary processors who merely adjust an asbestos mixture, prior to or during assembly or installation. While the Agency believes there may be risks from asbestos exposures in these categories, it expects to complete necessary analyses with estimates and extrapolations of data reported by the persons who make the asbestos-containing products that are processed by the excluded industries. . For example, processors infrequently i J t 5 X c); - fc-y vT` CAPCO JEN 0012063 Federal Register / Vol. 47, No. 147 / Friday, July 30, 1032 / Rules and Regulations 33203 "true" pre-formed brake linings during asbestos mixtures or articles containing homogeneous strata and then sampled assembly with brake foundations to get asbestos components, all such activities, by stratum. The strata will be defined by a better fit. In this case, reports from including those at other plant sites, must all or an appropriate subset of the manufacturers of the pre-formed brake be reported at the same time the person fallowing variables: reported asbestos- linings will sufficiently quantify reports as a miner, primary processor, or starting material, reported asbestos end production of the friction material importer of bulk asbestos. product, and the volume of asbestos product subcategories. Exposure EPA will require reporting in a starting material annually consumed. scenarios for the excluded industries different way for persons who are solely Additionally, the population may be can be quantified by relating expected secondary processors or importers of further stratified according to size (the 'exposure levels with the quantities of asbestos mixtures. Apparently there are amount of asbestos mixture processed products' that are made. Therefore, many thousands of persons who are or imparted) and geographic location, reports from these excluded industries secondary processors or importers of which will ensure that any sample fully ore not essential. asbestos-containing mixtures. EPA has represents the whole population. The This rule also exempts persons who devised a scheme to reduce the . type of asbestos-starting material and repair articles, repackage asbestos reporting burden for these companies. the asbestos end product would permit mixtures without modification, or who Persons who are solely secondary . EPA to analyze a representative portion engage in construction work. The processors or importers of asbestos of each product category application. Agency proposes to exempt these .. persons from reporting primarily because so many persons are in these categories, the workforce is constantly mixture's or articles containing asbestos Consideration of the amount of the . components will report to EPA in asbestos-starting material that is phases. First, they will submit the consumed will better ensure Secondary Form within 0 days after the representation of both larger and changing, and they are generally, composed of many small businesses, such as brake repair shops and ' ./ construction companies. Also, as is the case with other excluded industries, exposure scenarios for the construction, and brake repair industries can be developed by relating expect exposure ' levels with production levels reported by product manufacturers. Section 8(a) of TSCA does not apply to distributors of chemical substances or mixtures. Therefore, persons who are solely distributors, and do not manufacture, process, or import, are not covered by this rule. Reporting is not required by persons who are "end users" of bulk asbestos or asbestos products and do not further distribute such items in commerce. The most common example of this is in the manufacture of chlorine, where some persons use asbestos as a diaphragm to separate chlorine and caustic soda. While much bulk asbestos is consumed annually by this industry and much . waste generated, asbestos fiber is not present in the resultant products which are distributed in commerce and these activities are therefore not "processing" of asbestos. VI. Reporting Procedures - ' Companies must report the activities of each plant site on an individual reporting form with one exception. That exception is that respondents have the effective date of the rule. The Secondary Form reports will be used by EPA to improve the Agency's knowledge of the products being made with asbestos, the number of companies making the products that contain asbestos and the amounts of asbestos mixtures they use, and the kinds and amounts of mixtures and products being imported. Further reporting of the information on the primary form by some respondents will be necessary to develop more complete profiles and projections for regulatory analyses. The Secondary Form will not ask nil respondents (estimated to comprise 5,750 reports) for the detailed information the EPA would like to consider in the risk and economic analyses. Instead, the Agency plans to have a representative sample of Secondary Form respondents report more detailed information. The Agency wants to account for 100 percent of asbestos usage, but for purposes of (his analysis, and to reduce the reporting burden, the Agency h3S determined extrapolations can be made from less than 100 percent. EPA believes that a sampling technique can provide information that would adequately ' describe secondary asbestos processing and products. Sampling to' decrease the number of processors required to submit additional detailed information will reduce the overall burden of additional reporting substantially. In unit VIII, smaller processors of asbestos ` materials. The Agency can make the final decision on which variabte(s) to use in stratifying and how large the sample will be only after examining the composition of the Secondary Form respondents, since the actual numbers of respondents and the products they report in the first phase will not be known until the first phase reports are submitted. The Agency will use standard statistical techniques in conducting the sample survey.`The Agency will stratify and sample respondents with the goal of minimizing the.reporting burden as much as is practical. To extrapolate an estimate about a population from a sample survey requires obtaining reports from enough respondents to represent the whole population. To make an estimate about a stratum composed of a few respondents may require sampling a larger percentage than would be necessary to make an estimate of the same reliability about a stratum composed of a greater number of respondents. EPA will use one or a combination of the variables listed in the preceding paragraph to stratify respondents for the sample survey. The Agency will select the stratifying variable(s) which will result in the fewest number of respondents while still ensuring a reliable statistical sample. option to report all of their company "Reporting Burden", EPA estimates that The Secondary Form respondents imports or exports on a single form. The. Phase 2 reporting will be required from selected for more detailed reporting will form instructions explain further how approximately 1500 of the Phase 1 be notified by certified letter. These this is to be done. respondents. The objective is to sample persons will have 90 days to complete Miners, millers, primary processors, only the number necessary to meet the relevant portions of the Primary Farm. and importers of bulk asbestos must goal of attaining a reliable sample. Some persons subject to reporting submit all appropriate portions of the EPA plans to use a stratified random under this rule may be exempted from Primary Form within 90 days after the sampling method as the basis for the reporting certain information already1 effective date of the final rule. If the sample survey. That is. the respondents respondent's activities include to the Secondary Form will be divided 1 Ki*b. Leslie. Swvity Sampling. NV.v York: John "secondary processing" or importing of into non-overlapping and reasonably ttMuy. tfltS. r ADrn icm nnf onfi/i 33204 Federal Register / Vol. 47, No.-147 / Friday, July 30, 1932 / Rules and Regulations reported to EPA or CPSC. A company The Agency intends to aggregate years. The proposal would have which has adequately reported data to information about production, required production data forSyoars EPA will not be required to report the consumption, employment, and about specific end products, including me information again, and must write environmental release that is reported tr: ' * names, and data for 10 years "EPA" ip. place of the data on the form. for tills rule. The Agency will primarily about the importation or production of Persons who have already reported use aggregate data for analyses bulk asbestos. Data reported according p-oduetion or importation quantities to necessary to support the TSCA section 6 to consistent subcategories of products CPSC must still identify themselves and regulatory investigation. These data will provide sufficient detail for our the names of their products to EPA aggregates and analyses will be part of analyses. The Agency believes that data according to the requirements of this the section 6 asbestos rulemaking record for 3 years will sufficiently describe the . rule. However, data already reported that is available to the public. To protect. current situation, as well as provide ' ' must be referenced by writing "CPSC" confidential information in the aggregate reliable averages for analyses. An in place of the data, unless the .data sets, in most cases no data from additional change is that data on bulk respondent specifically, requested CPSC individual reports will be released, even asbestos fiber is required only for each not to release the data to EPA. if they are nonconfidential. Releasing type of mineral. Again, EPA is not The Agency intends to send reporting forms directly to as many potential respondents as possible. To identify ' persons currently subject to this rule, a master list of persons who produce or make asbestos products has been assembled from a number of different lists supplied by industry associations. Government agencies, and industry information that is publicly available. In addition, efforts will be made to publicise these reporting requirements widely, so that persons as yet unknown to EPA will comply with these repurling requirements. VII. Confidentiality The Agency has developed specific instructions for asserting and certifying claims of confidentiality for any discrete data could jeopardize the aggregate data sets, because through j subtraction of nonconfidential data from the aggregate it could be possible to ascertain specific confidential data. . As previously stated, EPA intends to share all reported data with other- Federal agencies, including confidential data in individual reports. However, EPA will require that personnel from . other agencies obtain a TSCA security clearance before access to confidential data is granted (See "TSCA Confidential Business Information Security Manual," Chapter 6--Security Requirements for Other Federal Agencies). Similarly, EPA will require that an agency adopt certain security procedures before confidential information can be stored at that agency.- . requiring data about specific grades of chrysolite fiber because the Agency's analyses do rot need that level of detail. The requirement to summarize . workplace monitoring data is revised to increase the utility of the reported data and facilitate reporting. Respondents' will still report only monitoring data' that already exist in their files; however, they will summarize that data according to the types of end products they are reporting. The reports will be more useful to the Agency ar.d OSHA by directly relating workplace concentration levels to the number of . workers making the end product that is reported. The final rule does not require respondents to estimate the number of hours that workers are annually exposed to the measured concentration information submitted in response to VIII. Changes From the Proposal levels. While information on the this rale. These instructions are The final rule modifies several mcorporated in the reporting forms and requirements of the proposed rule to v be found in 763.76 and 763.77 of ease the reporting burden, to respond to ule. Any claims of confidentiality . specific problems that were raised by .i be made at the time of submission commenters on the proposal, or to :is provided in 40 CFR Part 2 as obtain the most useful information. amended September 8,1978 (43 FR Further discussion of comments on the 3S997), and March 23,1979 (44 FR 17673). proposal and our responses can be and in the manner specified in the found in a document entitled "Public ' reporting forms of this proposed rule. To Comments on the Proposed TSCA duration of exposures would be useful, commenters asserted that extensive and burdensome searches through payroll records would be necessary to locate the data. Since the reports will consist of summaries of 8-hour time-weighted averages. Agency analysts will use assumptions and other available information to calculate duration of. exposures. ensure proper handling, confidential Section 8(a) Asbestos Reporting Rule," The requirement to report air pollution material must be submitted to: U.S. which is part of the public record for this control equipment has been modified at Environmental Protection Agency, Post rule. - . - - the request of EPA's Office of Air Office Box 2070, Rockville, MD 2C852. The final rule does not include the Quality Planning and Standards This rule employs a simple proposed requirement to keep lists of (OAQPS). The final rule requires certification method to assert a claim of customers-and to submit the lists at the respondents to answer several technical confidentiality. To assert a claim of Agency's request Commenters questions "about each piece of confidentiality, the respondent must ` convinced the Agency that that the equipment, replacing the proposal's mark the applicable line on the form information would be very sensitive and requirement to provide the brand name that contains confidential information. the requirement could be very and model number of each piece. The The respondent must certify that the burdensome. Also, the purpose of this revised questions will obtain all the company has taken measures to protect rule is to characterize the industries information necessary to estimate the confidentiality of the information, making essentially finished goods, while emissions and costs and will eliminate that the information is not publicly most customers are "users" or the need for submitters to calculate the available, and that disclosure of the distributors and, therefore, outside the quantities of asbestos that are released. information would cause the company scope of the present rule. OAQPS believes that the revisions will substantial competitive harm. All of Several changes to the reporting forms reduce reporting requirements while these conditions must exist for any should be noted. The Agency has improving tha usefulness of the data. information to be confidential. substantially reduced the amount of EPA is including two provisions to Determinations on confidentiality will requested information by requiring address special problems of importers. be made bv EPA in accordance with 40 respondents to report production of First, importers were concerned they CFR Parti subcategories of end products for only j would be unable to identify all imported 'z r- .i $ -j 6 CAPCO JEN 0012065 Federal Register / Vol. 47. No. 147 / Friday. July SO. 1902 / Rules and Regulations 33205 gnr-'.s that contain asbestos and. therefore, would not fully comply with the rule. This rule provides that importers need report information relating only to the types of products listed on the form, which should cover most such imports. Second, importers, asserted that the requirement to provide "reasonably ascertainable'.* information on the Primary Form during the second phase of reporting could require them to seek information from foreign manufacturers, possibly at considerable cost. The final rule requires importers to provide information "in their i possession" during both phases of reporting.. .. ' IX. Reporting Burden In order to assess the clarity of the form and to ensure that data are reported in the most effective manner, the Agency conducted a pre-test of the form through the Institute for Survey Research, Temple University. The respondents were members of the ' Asbestos Information Association. This pre-test was quite valuable to EPA in improving the clarity and coherence of the form. In addition, the respondents estimated the cost of completing each section of the form. The final report by the Institute for Survey Research, "Design and Testing of Asbestos Use Reporting Form", is part of the public record for this rule. The pre-test was not :i statistically-based sample and only eight companies were asked to participate. Therefore, the resultant cost estimates could not be used directly to compute the reporting impacts of this rule. However, the pre-test results helped EPA arrive at an impact estimate. A detailed description of the reporting burden estimates can be found in a report byArthur Young & Company, "Economic Impact Analysis for the TSCA Section 8(a) Rule, Reporting Commercial and Industrial Uses of Asbestos", which is part of the public record for this rule. The results of the pre-test and the reporting burden calculations are summarized in the "Reports Impact Analysis", an internal EPA report that is available in the OPTS Reading Room. The documents cited above may be acquired by writing or calling the Industry Assistance Office at the address and telephone number given at the beginning of thi3 notice. In unit XII of this preamble-- "Regulatory Flexibility Act"--EPA calculates that 40 percent of the secondary processors will be small businesses and will be exempt from this rule. Therefore, in this section costs are calculated for 5,305 secondary processors, while we estimate there may l:r; a ti5t.il of 0.974 secondary processors if small businesses are counted. (These estimates are derived from a formula used in 1976 by the Asbestos Information Association, which is described in the "Reports Impact Analysis.") In addition, EPA calculations exclude primary processors who are known to.be small businesses. However, the Agency does not calculate the cost reduction from excluding small importers because the composition of that segment is not well-defined, although it does expect thaf this group will contain some small businesses. Therefore, the actual reporting costs may be less than our present - calculations. : As already discussed; two reporting forms will be used for this rule. The Primary Form will be completed by miners, millers, primary processors of asbestos, and importers of bulk asbestos in a first reporting phase. EPA estimates that for this group of respondents, a total of 487 reports would be received by the Agency. Completion of these reports would require a total of 7,500 hours, and cost approximately S230.000. Secondary processors and importers of asbestos mixtures or articles containing asbestos components will be required initially to complete the Secondary Form. The Agency estimates that it will take four hours to complete each form, a! a cost of $120 per form. The Agency anticipates receiving 5,750 such reports. Therefore, the Secondary Form reporting would require a total of 23.000 hours, and would cost approximately S690.000. The Agency expects that approximately 1,500 of those persons who initially complete the Secondary Form will be selected, in a sample survey, to complete the Primary Form. The sample survey will require a total of 36.000 hours, and would cost Sl.lCO.CCO. Based on these cost estimates, and assuming a small business exclusion, EPA estimates the total cost of reporting for this rule would be $2 million, requiring 66,500 reporting hours. Using available data, an economic impact analysis of the proposed rule was performed for primary processors. Using the measure of the one-time cost as a percent of annual gross profits, the estimated impact was found to be minimat (around 0.1 percent) for even the smallest primary processors (the ones most likely to be impacted). Such an economic impact analysis was not possible for the other industry segments affected by this rule due.to unavailability of data. EPA did compare the average value of shipments for four- digit SIC codes for primary processors and other SIC codes likely to contain asbestos secondary processors. This comparison suggested no significant difference between primary processors and other industry segments in the size ranges of 10-19 employees and 20-49 employees. These size categories are the smallest establishments likely to be impacted by this proposed rule and the ones most likely to experience adverse effects. On this basis. EPA feels that the potential impacts on secondary processors and others`in the asbestos industry will be of a similar small magnitude as the impacts estimated for the primary processors.IRdfer to ftwo documents in the public record: (1) "TSCA Section 8(a) Rule Reporting . Commercial and Industrial Uses of Asbestos: Economic Impact on Secondary Processors," memorandum from Regulatory Impacts Branch, December, 1980, and (2) "Economic Impact Analysis for the TSCA Section 8(a) Rule Reporting Commercial and Industrial Uses of Asbestos," Arthur Young & Company, Washington, DC, October, 1980. X. Sunset Provision The general requirements of this rule will expire 5 years after the effective date of the rule. The selection and notification of sample survey participants for Phase 2 reporting (see unit VII of this preamble and 763.71(c) of the rule) will take place within three years after the effective date of the rule.. If EPA determines that any requirements of this rule should be continued, a notice to that effect will be published for comment. XI. Public Record EPA has established a public record for this rulemaking as defined in section 19(a)(3) of TSCA (docket number OPTS84004). The public record, along with-a complete index, is available for inspection in the OPTS reeding ,itoom..'E107, from 8:00 a.m. to 4:00 p.m. Monday through Friday, except legal holidays, (401M St,, S.W., Washington, D.C. 20460). This record contains the basic information that .the Agency considered in developing this rule. The Agency will supplement the record with additional information as it is received. This record includes the following: 1. The proposed rule, published in the Federal Register of January 26.1981, (46 FR 8200). 2. Comments received in response to the proposed rule, including any comments received from the Office of Management and Budget during Paperwork Reduction Act of 1980 review. CAPCO JEN 0012066 niuay, July 30, 1982 / Rules and Regulations 3. "Commercial and Industrial Use of will be available for public inspection in entities. As required, EPA has consulted Asbestos Fibers; Advance Notice of the record for this rulemaking. with the Office of Advocacy, Small . Proposed Rulemaking." published in the Federal Register of October 17,1979 (44 FR 6C0G1). B. Regulatory Flexibility Act ' The Agency has included several Business Administration. C. Paperwork Reduction Act of 1980 4. "Commercial a..d Industrial Use of Asbestos Fibers. Extension of Comment Period and Announcement of Additional Control Option," published in the Federal Register of December 17,1979 (45 FR18374). \ provisions in this rule to minimize both its overall impact on businesses and the reporting requirements for individual companies. First, EPA is exempting the' smallest companies that could be subject to the rule--those companies As just described, the Agency has made every effort to minimize the amount of required information and the burden on respondents to the rule. The reporting forms were pretested, the proposed requirements have been 5. Comments received in response to the Advance Notice of Proposed Rulemaking and the Notice of Proposed Rulemaking. 6. Reports Impact Analysis of this rulemaking. _ 7. "Statistics for Companies with 10 or Fewer Employees" memorandum, from Chemical Information Reporting Branch, October 30,1980. 8. "Design and Testing of Asbestos Use Reporting Form," Institute for Survey Research, Temple University, Philadelphia. PA., June 30,1980. 9. "Economic Impact Analysis for the TSCA Section 8{a) Rule, Reporting Commercial and Industrial Uses of Asbestos", Arthur Young & Company, Washington, D.C- October, 1980. 10. The Technical Information Summary for this rulemaking. 11. The Information Use Plan for this rulemaking. 12. Records or all communications between EPA personnel and persons outside the Agency pertaining to the development of this rule. (This does not include any inter- or intra-agency emoranda unless specifically noted in i;e index of the rulemaking record.) 13. "Public Comments on the Proposed :SCA Section 8(a) Asbestos Reporting, tide." III. Regulatory Assessment `.oquirements with 10 or fewer employees. This small ' reduced in a number of ways, and 30 business exemption will eliminate percent of the respondents will'be reporting from over 40 percent of the sampled. Furthermore, this rule exempts ' companies and the Agency estimates entire classes of businesses in cases that it will reduce the overall potential where the Agency believes necessary cost of the rule by $1.1 million. EPA is analyses can be conducted with also excluding from any reporting two information that is otherwise available. . large segments of processors that are The Agency has prepared extensive composed of a high percentage of small plans to utilize fully all information that .businesses--construction and brake . is collected through this rule. The repair companies. Including those . Agency's "Information Use Plan", which . segments would raise the overall cost of is part of the public record, describes this rule by several million dollars. Second, every effort has been made to minimize the amount of data to be reported. Based on a pretest by industry and public comments, the Agency has designed the forms to require only common business information essential . to the Agency's investigation. The economic impact analysis estimates that the median cost to any single respondent submitting the long form will be $1,100, which is about 0.1 percent of the smallest company's profits. The reporting costs for many small .businesses will probably be less than the median cost because they wilt generally report about fewer products and employees. Third, EPA will apply a sampling approach to over 99 percent of the respondents. Only a representative sample of secondary processors, which is the largest industrial segment subject to the ntle and is composed of a large the specific uses that are planned for the required data elements. In addition, the Agency coordinated these information requirements with other Federal agencies to maximize the usefulness of reported data. The information to be reported does not duplicate efforts by other Federal agencies and the data will be useful to several regulatory agencies.' An automated information system will ensure the most effective use of ' submitted data. Fully operational Agency procedures will protect confidential business information contained in the reports. Information collection requirements contained in this regulation {$ 763.71) have been.approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1980,44 U.S.C. 3501 et soi}.. and have been assigned OMB control number 2000-0478. This rule fully complies with the percentage of small businesses, will be List of Subjects in 40 CFR Part 763 illowip.g regulatory assessment selected for full reporting. In phase one, quirements. secondary processors will submit a Environmental protection. Hazardous . Executive Order 12291 short, one-page form that EPA estimates materials. Recordkeeping and reporting will take at most four hours (SI 20) to requirements, Asbestos. ... . Under Executive Order 12291, EPA jst judge whether a regulation is laior" and, therefore, subject to the uirement of a Regulatory Impact complete. The Agency will select the minimum necessary number of companies from phase one respondents to submit the long form in phase two. Dated: July 23,1982. Anno M. Gorsuch, Administrator. ' ... \ alysis. EPA has determined that this ulation is not Major because it does have an effect of $109 million or re on the economy and it will not ;ct competition, employment, or Utilizing this sample survey means that only H of all respondents to the rule will have to complete the long form. The Agency is including these provisions as a special consideration to PART 753--ASBESTOS Therefore. 40 CFR Part 763 is amended by adding a r.cw Subpart D to rend as follows: duction costs. EPA estimates the small businesses. The Agency's -.1 cost of this one-time reporting economic impact analysis shows that Subpart A-C--{Reserved] lirement is $2.9 million. This dation was submitted to the Office lanagement and Budget (OMB) for this rule witl have a negligible impact on any business. Therefore, in accordance with the Regulatory Flexibility Act (Pub. Scfcpart D--Reporting Commercial and industrial Uses of Asbestos dw as required by Executive Order L. 00-354). EPA has determined that this 1. Any comments from OMB to EPA rule will not have a significant economic 7G3.G0 Scope and compliance. EPA response to those comments impact on a substantia! number of small 7G3.G3 Definitions. I CAPCO JEN 0012067 Federal Register / Vol. 47, No. 147 / Friday. July 30, 1982 / Rules and Regulations , |,V,,,MIiM|-t m i in n i min nin^iiiii mmn n n pi iiXim wlrur ~nrf-----n---- ~i------*- 33207 703.65 Who must rpport. produced or processed as a contaminant 763.71 Schedule for reporting. or an impurity. . 7C3.74 Confidential business information. 703.76 Reporting commercial and industrial use of asbestos. 703.77 Reporting secondary processing and importation of asbestos mixtures. 703.78 Sunset provision. Authority: Sec. 0(a) Toxic Substances Control Act (TSCA). Pub. L. 94-469. SO Stat. 2029, (15 U.S.C. 2607(c)). (d) "EPA" means the United States Environmental Protection Agency. (e) "Importer" means anyone who imports any chemical substance, including a chemical substance as part of a mixture or article, into the customs territory of the U.S. and includes the person liable for the payment of any duties on the merchandise, or an Subpart D--Reporting Commercial and authorised agent on his behalf. Importer Industrial Uses of Asbestos also includes, as appropriate: * (1) The consignee. 763.60 Scope and compliance. (2) The importer of record. (a) This rule requires reporting by' persons who manufacture, import, or process asbestos. Different reporting , requirements are imposed depending on the person's activity. Manufacturers, importers and processors of commercial and industrial asbestos fiber must report quantity, use. and exposure information.1 Importers of mixtures and articles containing asbestos and processors of asbestos mixtures will report to EPA in two phases. They initially must report limited information about processing or importation. Some must subsequently report additional information if they are selected as respondents in a sample survey. (b) Subsection 15(3) of TSCA makes it unlawful for any person.to fail or refuse to submit information required under * this rule. Section 16 provides that a violation of section 13 renders a person liable to the United States for a civil penalty and possible criminal prosecution. Under section 17, the district courts of the United Slates have jurisdiction to restrain any violation of section IS. (3) The actual owner if an actual owner's declaration and superseding .bond has been filed in accordance with *19 CFR 141.20. ' : (4) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred in accordance with Subpart C of 19 CFR Part 144. For the purpose of this definition, the customs territory of the U.S. consists of the 50 states, Puerto Rico, and the District of Columbia. v ", (f) "Known to or reasonably ascertainable by" means all information in a person's possession or control, plus all information that a reasonable person might be expected to possess, control, or know, or could obtain without unreasonable burden or cost (g) "Manufacture for commercial purposes" means to import, produce, or manufacture with the purpose of obtaining an immediate or eventual commercial advantage for the manufacturer and includes, among other things, such "manufacture" of any amount of a chemical substance or mixture: (1) For commercial distribution, 763.63 Definitions. The definitions in section 3 of TSCA and the following definitions apply for this rule*. (a) "Asbestos" means the asbestiform varieties of: chrysotile (serpentine); crocidolite (riebeckite); amosite (cummingtonite-grunerite): anthophyllite; tremolite; and actinolite. including for test marketing, and * (2) For use by the manufacturer, including use for product research and" development, or as an intermediate. "Manufacture for commercial purposes" ' also applies to substances that are produced coincidentally during the manufacture, processing, use. or disposal of another substance or mixture, including both byproducts and (b) "Asbestos mixture" means a - coproducts that are separated from that mixture which contains bulk asbestos or other substance or mixture, and another asbestos mixture as an impurities that remain in that substance intentional component. An asbestos or mixture. Byproducts and impurities mixture may be either amorphous or a may not in themselves have commercial sheet, cloth fabric, or other structure. value. They are nonetheless produced This term does not include mixtures for the purpose of obtaining a which contain asbestos as a commercial advantage since they are contaminant or impurity. part of the manufacture of a chemical (c) The term "bulk asbestos" means product for a commercial purpose. any quantity of asbestos fiber of any (h) "Miner of asbestos" is a person type or grade, or combination of types or who produces asbestos by mining or grades, that is mined or milled with the extracting asbestos-containing ore so purpose of obtaining asbestos. This term that it may be further milled to produce does not include asbestos that is . bulk asbestos for distribution in commerce, and includes persons who conduct milling operations to produce bulk asbestos by processing asbestos- containing ore. Milling involves the separation of the fibers from the ore, grading and sorting the fibers, or fiberb.ing crude asbestos ore. To mine or mill is to "manufacture" for commercial purposes under TSCA. (i) "Person" means any natural person, firm, company, corporation, joint venture, partnership, sole proprietorship, association, or any other business entity, any State or political subdivision thereof, any municipality, any interstate body, and any department, agency, or instrumentality of the Federal Government. - '' (j) "Primary processor of asbestos" is a person who processes for commercial purposes bulk asbestos. (k) "Process for commercial purposes" means the preparation of a chemical substance or mixture, after its * manufacture, for distribution in commerce with the purpose of obtaining an immediate or eventual commercial advantage for the processor. Processing of any amount of a chemical substance or mixture is included. If a chemical or mixture containing impurities is processed for commercial purposes, then those impurities are also processed for commercial purposes. (l) "Secondary processor of asbestos" is a person who processes for commercial purposes an asbestos mixture. (m) "Site" means a contiguous property unit. Property divided only by a public right-of-way shall be considered one site. There may be more than one manufacturing plant on a single site. (n) "Small manufacturer, processor, or importer" means a manufacturer or processor who employed no more than 10 full-time employees at any one time in 1901. 763.65 Who must report. (a) Persons who were miners or primary processors of asbestos, or importers of bulk asbestos in 1931 must complete and submit a separate EPA Form 7710-36, Reporting Commercial and Industrial Use of Asbestos (see 763.76). for each site and for each company activity not elsewhere reported, according to the schedule in 763.71. When two or more persons meet the definition of "importer'' for the same shipment, the principal in the transaction, not his agent or agents, shall report. (b) Persons who were secondary processors of asbestos in 1S31 must complete and submit Parts I and II of EPA Form 7710-37, Reporting Secondary CAPCO JEN 0012068 33200 Federal Register / Vol. 47, No. 1.47 / Friday, July 30, 1902 /. Rules and Regulations Processing and Importation of Asbestos Mixtures (see 763.77], for each site or activity, according to the schedule in 763.71. (c) Persons who were importers in 1081 of asbestos mixtures or articles containing asbestos components must complete and submit Parts I and III of EPA Form 7710-37, Reporting Secondary Processing and Importation of Asbestos Mixtures, according to the schedule in 763.71. When two or more persons meet the defir.ition'of "importer" for the same shipment, the principal in the transaction, not his agent(s), shall .. report. . " . (d) Secondary processors of asbestos and importers of asbestos mixtures or articles containing asbestos components must complete and submit a single EPA Form 7710-36, Reporting Commercial and Industrial Use of Asbestos, according to the schedule in 763.71(c), . if selected for further reporting as . v described in 763.71(c). (e) Particular information required on EPA Form 7710-36 which has been previously submitted to the Consumer Product Safety Commission (CPSC) in accordance with a general order dated Dec. 22,1980 (43 FR 84384). may be referenced in the appropriate place on the form and need not be submitted unless the respondent has informed the ' CPSC of his objection to any sharing of the data with EPA. Information for 1981 which was not required by CPSC must be reported on the EPA forms. (f) The following persons are not subject to 3 763.05 and 733.71. (1) Secondary processors of asbestos, to the extent that they process an asbestos.mixture to repair articles, to construct buildings or other such construction activities, or to apply, assemble, install, erect, consume, or repackage the mixture without modification. (2) Persons who are small , manufacturers, processors, or importers, us defined in 7633(n).- 753.71 Schedule for reporting. * ' (a) All miners, primary processors, and importers of bulk asbestos subject to reporting under 783.63(a) shall (d) EPA Form 7710-36 and EPA Form submit required data on EPA Form 7720- 771C-37 can be obtained by writing or 36 within SO days after the effective date telephoning: . of this rule. (b) All secondary processors and importers subject to reporting under 763.03 (b) and (c) shall submit required Industry Assistance Office, Office of Pesticides and Toxic Substances (TS-733), Washington. D.C. 20450. Toil free: (800424-3065), in Washington call: (534-1404). data on EPA Form 7710-37 within CO days after the effective date of this rule. (c) All persons subject to paragraph (b) of this section who are selected for additional reporting shall submit (e) Completed forms must be mailed ' to: U.S. Environmental Protection Agency, Post Office Box 2070, Rockville, MD.20832. ,, .. - required data on EPA Form 7710-36 within 90 days after receipt of EPA 753.74 Confidential business.. information. notification to do so. Selections will be made in the following manner. The ' respondents will be selected using a (a) Any person submitting a document under this rule may assert a business . stratified random sampling technique. confidentiality claim covering all or part First, qualified statisticians will review . of the submitted material unless . reports on EPA Form 7710-37 and , otherwise instructed on the reporting determine the optimal method to stratify form.EPA will disclose information respondents according to the covered by a claim only as provided in composition of the respondent procedures set forth in 40 CFR Part 2. population. The strata will be defined by (b) Certification for a claim made on all or an appropriate subset of the ' any item reported under 703.85 must following variables: the end product; the be made by signing the certification asbestos mixture that is the starting statement as specified in the forms... material in the end product: the volume ' (c) If no certified claim accompanies a of the asbestos mixture annually document at the time it is submitted to consumed or imported. Respondents will EPA, the document may be placed in an . be stratified into as few groups as open file available lo the public without reasonably possible. The sum of the further notice to the respondent. sample will be determined after all respondents have been stratified. EPA intends to require.further reporting from the minimum number of respondents possible while still meeting the F.PA needs for statistically sound data. If there are insufficient numbers of respondents in a group to perform a statistically sound sample survey, then all of the respondents in that group may be required to complete EPA Form 771036. A standard random selection technique will be employed to select persons who will be required to complete and submit EPA Form 7710-36. g 753.76 Reporting commercial and industrial uses of asbestos. The following EPA Form 7710-35, Reporting Commercial and Industrial User, of Asbestos, will be completed and submitted to EPA as required in 763.63 and 763.71. Information must be reported on this form to the extent that it is known to or reasonably ascertainable by the respondent, except . for importers. Importers must report information on this form to the extent 'that it is in the possession of the respondent. Notification shall be sent by certified (a) EPA Form 7710-35 (3-80). [insert . letter, signed by the Office Director, form] - Office of Toxic Substances, and will have attached copies of this rule and EPA Form 7710-36. Letters of (b) [Reserved] . BILLING COCE 65S0-53-M ` notification will be sent by EPA no later than three years after the effective date of this rule. . - , CAPCO JEN 0012069 Federal Register / Vol. 47, No. 147 / Friday, July 30,1982 / Rules and Regulations vCrnA Q UnniteeodnSmtanteta*t fmtactipn >).( REPORTING COMMERCIAL AND IWOUSTRIAL USES OP ASBESTOS oM.K*.jyv>04? t*Ni aampit4 i*li (mm tet U.S.CnylronmenUi Protaction Apaney RO. to* 2070 Roekylll*, MD206S2 ta> pr retd iMSjtOR'ddAyv^init'vCin' &4ott<(SyfitiytonalrW; IM form e.^'ti of &u*k aib*to>my be iri4n car-yoi-^ied corpoutoiitHxt. Note 7n mat * ao'** *v* "v.*t b* AubTu*:#p u:iuc:r>nt prance furiMrdeaebona. for each plan* *t#. etcapt thef lo'atimpor** vVMniMfnrmiecomorat*. netM'tinl**o*jAf#d4nyi'oB*P'*,,d*tf Sno-ily0uT'**^T5^te-A pU*$*confect tfielnJwifry Abt*ne*Cff<a :o4-fr >t {IOOi *:*iSOSSom W*Nngton. D.C. att202> 4S**U34. AH MfiMi w*0 oMiy >-cmtJry CMOcenscxt impart*** f 111*1(91 mitu**. Or import*'* p* VtrC'4t eantiVmg Jlhettp* cmpo<xn'i at r*pof n rho f-f(pn*) m Fomt 7M<V3f. **'<* "5*inC*'y POi;*'nq and imporut^n of Aab*tp Mh<r*. w** p*>one *4 f*po<t A U*>* form. fcPA Fom 7710 3t>. or* upon ryy*et ofnot<c*totnat*r|t fnmS^A ft*# iOCFA /63.pmrOf. Am.RESPONOENTIDENTIFlCAriON . t.CjmoAynam* 4u iNi.'PM' M ItlMU -7r_------------------- t 2. 4L*lKN.)l vm* CniK( *^an ' t. - _____ iCovMy * tunaoMN* a Ob* * _' . :;'V. . .* ; ,< 'iuiav - iif cou* 1 0(C<#l*^alu''aAit*<crt*1*mu* UliAlun . .- ' 3.fttooHiVt -- Atcp*dminetfntifi<atortnumOf 11 1 *. il aoo^caO-e -- Record tnon*rr4 ndadd>*t*of ^p#'*nt<drpo'n *(<>* re*PPn0W for y'*T`*,m*n*gvn*ntof tha/rporimp mb* Aurv'mwnwiuw AarntilhmMMjrH'J ' C t11 Caunry r , t&UM. *' 1 $. P*co<d tn total number of y*a(*ej>lrgNcn the manufacture n<j,o*p'9C*ing4f *>a*tofca*>mniprp.^t#4 atmereoerf ngaif*. Kirt*l - .- t . A{2|. RESPONOEhT ACTIVITY f. identify you* activity ,w' the m the loiouciiXt 'MidWff *M m*rk (X) ;*> be* n*f io *r ca**gor> beovr that b**t avecr-bes you* jct-vuv'-' n*t to #4 actum.** tnat vou *>* raao'Vng on if>, fom. You mjt at <*1 comp^'t tn* p-M-'vu of (** .'pon t**at a* mu) caiaU ret to :* Co* y'*u ns<*l compete Othtr <1 you conduct that acti!Y For it at thy >w^ ptj't bt* nni yeilU b.i> a*bc*o to produce * e&**n m*t WMprocctianaabattoinucura then* mac* at another location, man you a** primary 0'OcefcJr**i:.i a.*Peorip'ai4pa.t 0 a* a *-co,'ie'vS*iu:*,*or. Ait ot4t4.ni who art rrunra.avVtrs, primary p'OCaatait, or*mp4r,|rof bulk atoestos mut MfK |X| activity!-**! that r*por:a<l on tn. to<m, *>tst9i act-vncaat ailpJjnt *.?**. O M<ne*ndm<B -- Compiet* perfa A. 0(1), G.M. I. J. K{2-3`,! lpo<cabtl Q Primaryprocessor -- CoTioUtopamA.C.C.H.I.J.K3i3i.if sppTicsbtet Q Importer of ttu><t asbestos -- Complyt< peas A, 9(2l J5f3>. f >ppdiJ G Secondary processor -- Complete pert* A.O.C.H.I,J.X G Importer ol asbestoi mixture* -- Comptt* parts A jn>j G Importer of vfcteUl containing asbestos component'*) -- Complete parts A anti F .. Al3). CCATJFICATtO.H FQft CLAIMS OF CONFIO*T!AL1TY idu ;> m at cooti'Jfi'*'V any in*pm t* on you iuo-t o.v ih s tonn. Toy yir-it i:c z--i c." "iev. to ta*--* Owmi us e&u'-C') r ro u-'srmat'on which you submit in attachments to the *etm. prpvoa a cosy Wroclaw >i-u*;**:r* n'-jimet-onyou w.>n ta dxmcii*!'i2*,'ti < Space* 0'O'tli at ineendol *ch V.* to ctj-'ninforovy1100*30 th*i iirv* cdn'-CyMai Fnr >n* inrorfnvionon th*s ?omyj c'J-n4* COnM^nt'et youf**vltCertify that tbe*nfom-ij.nn,- fjr at tne t>oing statement*. Ail tour statement* moat te true aa*ut any m'ormat-on you c i-mco'f cent 41. Tn# s-gnature below w>n attest to tft* truth eV y.'. uxy I.Nyeompartyh*t#k*n measure* to protect the cnnMr*fvty o< th 5r`oune'ion, /vt if w-U co-V <*.*> t >V* men me* jurs. 2 rnyr-fsrmatomsfto*. wj r.y no'Qenn, te>oneMy <jt'-ny^.y^y 41n* p(>n itnr tKjn ,>,' <*:lCOCeil Sy t>s^oon asnoningof ipe>J rwud and an a |uC>c ar r.uyt-t^'l'C'ai o-oce^J-nyt w tNrut ."*y cu--;j'r'4Cjnt*nt. 3 Ffs* -nlo4n**OiM* not puil<ty * so*. iv*lot-i* un!.'.:crtn O-iCoej< ot tne w'ormat-on cJa-n^n ai -r~ Aivim c*h v.es:a''t>i na*m to my co-**si** com;iv* wt on. v*. Bill. PRODUCTION OF SULK AS3ESTOS *K i<9' 1 ina() >** ; Cmrtot** QUANTITY OF SU-.C ASi S?OSV..:3 2*vuSO .n:er,m t.tc/t ton* :ne amount of bu C aB*tro) you?'0-J>rd -- --.torm* 131 Jo* $79 through 194 *n ru tpn* CiKdAl* | Amotn* * narnt t*m*:* **** t \* :1 1 1 1 4(u 4*rr It 8|2I. IMPORTATION OF BULK ASBESTOS - ' QUANTITY OF BUlK A5dtST0S',401)T23 *hor* ton*, tha *mount of bulk atb**to* you arpnitad fo> 1979 through 1981 rr C'rytot"* j.n* {________________________ l*'0 l *M* 1 | OaMW'r Ae^urr *n knu( ton* | A.nevt* Arnaynu TiTyvy* :1 |1 a<3]. EXPORTATION OF SULK AS3ESTOS Af.>rk fX) one: G T^nc^aan' Q T^nbueK*"tun / tiyiexa atkatte* 71 | *<v>fta ncm j vn ,* _____________ L. . 1 QUANTITY Of ftUU AySTOS t.hJB'iO ***. ^*-CXt *0f*, tho amount Of Swh ate-atot you etporfmj fi*r O7Stlu0i^A IS')' l>> IS4I (/arm Cr-vom# Ci(AlA'a ** klwtrf tnj | Arnold* 1 L_____________ iMHty Ata^fXfpnet G t(u*rt*cu'Bu**,*ev*'"*rr4ia>^ Lj fMerWNplr'tvt Trme>* }AB*V4* -- A.-ruu-y L- J VM far 1J -- : 33209 CAPCO JEN 0012070 33210 Federal Register / Vol. 47, No. 147 / Friday. July 30.1982 / Rules and Regulations c. PRIMARY processor production l''** <o-i-Vk> 4tlfWf*4t'o* for cMv937**d9f^4jCTl)**tyv't t*-p940 7rot* v'fcAf.'-tnt i>t4.CL*ta 'oJe'>h*e* mor**!* tt 1rt * _ Ton*4(p>i4u(i<w tHfo*. I I --1--------------* fiQCmiw Oc CJonw*** Q **** CjCftC***** fifVM Q)r44-4 Qft.*At4 Cvw*( OxtriMSkn Cw*S4QQ iTyrmtwyCtw* QQCCMnywii'iJw* i^v9 QQCJatJvUm+S--tMuU^*v Hlt^,4l9*4M,'.W*4 9*C*'IWl4*f9N>otnrtlp*itf r4gon4dft>*94**M*>r4o9ooi^U)wi 1941 *,*, or r*UW f4mt9 03 0*. **"4# OV. >*-.-AM l*"***i *--* . oAr,.i^iivt>J >*< 'i Ot. **** >m 0*. 'v'l M tac^nve*'**}** .Un4W *** * S*ort!fl">* .. WTI4-9 ,, W*M<1 " * Wltrt SNxi m Sftorr lr' SN*t(A*4 Wiser* Start ior SVt.ll.f.l . IllMM MI(|H PrWwct tu*C< *** HiSnnKtwwl pr*4*tt* ltil..AACCsrwwfr.tNfH* UV tl.4< (ni|4H4 tT.A'Ctta** IN* 4) 100 (At ioo*vn. S**4 IV. Dv< ~`n (ty^r^wc-vAt ,^<>l 11. 0*C VW4 iH-m g*>t'**>?*%**< ** 30. Cl* 4>M44e4 '"! **"*, >*.** **. mi* 23. Cv:1* ir<n (mi 73. >(,**.*;(j|>,ymii 24.<ne*<* l MObSV*( Td N(* P*re*t N'M fi2nV*.CV* INHinwi f1n^f*l,*,. 2.V**1 MtXlMWXn **wW*Mf*d4l 2t.*vry >J .!.*< yl *|".II , )t, ^<`.atnr>9'i4^wel ' 3*. *--,*.'** -*.*.* vir" |.'dV<*l 30*w>*V )}.,<..* ww J. (A'*'-l St.**** J>"!* uJrJ'***I Vnrt SsiOl 0. SECONDARY PROCESSOR PRODUCTION Vifo/rnwrKifT tot #4*i (vow 0/ **d poover m*t vow t*w0**7 from >** i^rni ji:. niitu* consi^'^J JWKirog l n %S9*4bC A-9BW in r^Mr| \ - t T01M >04wCM* V4M 111) 194(1 1401 >91*1 140| 19*1 j 19241 itooi 1901 | ttl *1 Um< | Otftyttrs MOW'*) 4>4 Ionft (CM***** i-ue9MfrW 01 Cttf* 1 <>-*< | t 1 . r.Mvruno .' 141 ` 1 1974 I9ft0 14ft 1474 1*40 1*41 1474 tV-0 t*? a4nvt4n 4l tlAnlM Miiwn ^ IS) c--,,. u mug I___________ C4*'4"f 107.Sitct*> **.* 102 VC* ii m IVC Vt*Si*2. i 109. ? 110 Vfc.r*. 111. Wyt l2.C*** <* ' A--* 114. ije^v.A^ri irv*/* * <'**-> ***** f** m w.a,c.A*' hm 131.A*.***!. WVM< 4ll7i2.n. -M.-i 124.uttt-t til O* 4.--is 114. l9)M W.Wv 121. 13V > 1)0.<>--*--* 13* ^ U7.C--r Tfpiett iMinifv pmJuCU m4 Iron* 4!miio> 121. 134,"iei*| 141.C*. 44.-4T-W y(M iJ. V.. -.V-- 114. -n-. *( I'fywi 1li3l1t tfiStr li*. fw(*t n> t' wsevt 1*9 1*1.V0VJWf Kl.^MMVrtlpeo* 0"l 14). *-( IM f- 144 4--< 14 14V KM 4>< t1lS90..Ve9a**4**A, HI.VMMCri flil1M45l,NllfiMie.'vr(-.'lw, 4 rvfMi ,, ><. A .(>.-->. 1 >.r ,w;n4 1*l.CMn|4M<rr41wi'.4 1t74.iulr'|'-tViy*4*et'Ali ITt.fv^A 1 >'>l'^V<A tl4.A.9 .- 1TS.>n'*M'r^ * ID r*a*r tlt.0>AwS4f*V4rM.<^w tn.A>**+u*i?4"* ill. Jw i.ir~n. >am iwaeuirH 1VF. n* sn*4<* *^**i t<4 Vr>4N*M |*>n 1 S. il.ll"l im.^U m.Yr<* . tK <* I1i.f|nr 144. CrtOKTI t!ttl.iOOao,r*T IW.Mxev* . IH.Nm.W*!144. I*"*..V4 114.0***^ K>vA >1 >.*(<-.<* 2IS01i. 4---W- -^.**4,*#>>< 2ft*, -#- lot l.i. 2M C----*ur.*r..w*. 20V 2 2*0. " Slitl.l.r^i^r*IW9 21143..iwjn*t. KTin 4>NC*I W`xl /*' JJtT"l }IT.mrvt4li'4N 2*V-J-*( o* 21*. 12J E. IMPORTATION OP ASBESTOS MIXTURES v mcIiimsI iiii`|ir*iin*iMiiO'i<i%e<^<lii1'2ll.Oiiii-(l |irvti* 'ey C'IIW( IA 4*9wy 'Kirnirrv^ I.JCncv* * * .l.VM* i ,2^.-- . ,i*r.r4.> u J ;. / s(n I *-.-______ P^.v C*4l^* } UM3tK*l ___ l_ t CAPCO JEN 0012071 Federal Regisier / Vol. 47, No. 147 / Friday, July 30,1982 / Rules and Regulations >miniwi .......................................................................................... ........... ........ ................ ,|WM ... . i .i.i.--,,,-! , , 33211 CAPCO JEN 0012072 33212 Federal Register / Vol. 47, No. 147 / Friday, July 30,1982 / Rules and Regulations frt** tN to* *<4 :o ''*n <>l ntiti (c<Xw>nn Jl, >*"1 iVry, kVVM !. J. WASTC AflU OISPOSAL MlitA IMfC iM 0, tt yflu c*a*>0I Of (W* by *<^pvlu4t, { Qc<*9>AaRM ? O **">* m< J DcwM-uium P>*W4l>4tH.t^ . (I i- : . OtMM - QQ Jmm* fc*cy (*,** -rf i DN(W|b Ot*<t ***>-**n Oiwm C S*HI tMMy twW*4> Qwu*i CJ trMMM Dtionwn Omm OVwftba*? Oo*w Go-* De*^ 0*1<4 QtH a-* Qft*** Dcm Cv 0* a 0<K*r* C**^T 0*4* Oo*-. a*-- On* QUvM*+tf <71 Taw *h*r 4*h>*4 m Mt' IT* WIOO*** " !* TM (MB (BT'MBtfcwt *.la O V*4, * (}*< (**<C*-OtV'Ol wit* 0*Klic*T. N J No K. POLLUTION CONTROL EQUIPMENT 0 *rt<*r into*IT*I>10 tMw< 4*U> ^4C* ot )* Ov<klT>O^C>XM'Ot *Qw>pm4M Vt'V) IO<lW'lrOtw>^-JtO. '*p<yt ^7*1***Tm*< C* *!**<* ****** SmCoCb. fats* Tt Of Cl <) <41 ***** NOMna) Cw*i-fr e0*HC<0 fA'JA.r**" Pamu HI ' Itl m **"" r--*-.* >w*t 0*4 0 .>-< GitMl ***'** *** * tf-f-r-v-* 0*4 Gxw g!rr ,"MT* S**I<*| WM**. % n-4 I*** Diu *v~ V4 *G>* 0*4 o** Oc*t** T/fUH '*'*"** V L0t*y * * ^... Oliir* Cl4K*t n -_i< 0 ****< Ot:-* Smh *t (INltWK Ift s*#< rt O v* ** o ** q.H. Ov \ Op* n O N* o ** G N O *-* D W* Saw< 101 BILLING CODE 65dCV-fn-C CAPCO JEN 0012073 Federal Register / Vol. 47. No. 147 / Friday, ]uly 30. 1982 / Rules and Regulations 33213 Instruction Booklet--Reporting Commercial an-' industrial Uses of Asbestos. EPA Form 7710-35 f. Introduction andReporting Schedule A. introduction . These instructions are for companies that mine and/or mill ccmmercial asbestos, or process or import an asbestos product, and are required to submit EPA Form 7715-36 under 50 CFR Part 763, Sucpart D. Data must be reported to the extent that they arc known to or reasonably ascertainable by the submitter based on factual information that either is available in company files, or can be obtained without unreasonable burden or cost. Importers must report information in their possession, but need not contact foreign manufacturers formissing information. 1. Fill in ailblocks. f;ill in all blocks in the portions of the form that must be-compietcd. Write "fi/A" (not applicable! in large, bold letters on the first line of any section that does not have to be completed. If data Tor a portion of the form that must . be completedare not available, consult part H of these instructions, ''Missing . Information............. EPA will check all forms for completeness. Incomplete forms may be returned for completion. If only a few items are 'incomplete. EPA may call the designated Technical Contact to determine the correct" answer rather than return the form. 2. Relevant Definitions. Reporting requirements are determined by the company's asbestos activity in 1901 (i.e.. miner and/or miller. Importer of bulk asbestos, primary processor of asbestos, secondary processor of asbestos, importer of asbestos mixtures, or importer of articles, containing asbestos components). Defir.iticns for reporting activities and other terms used in this form maybe found in Appendix A. 3. Appropriate Humber ofForms. A separate form must be submitted for each site. For example, a miner and/or miller at one site who is a primary processor at a different site must submit a form for each site. All asbestos activities conducted at each site must be reported. A primary processor who also imports asbestos at a single site must report both the primary processing and importing activities on the same form. 4. Additional Space. If additional space is . needed to report all required information, responses can be entered on n reproduction of the pertinent portion of the form and the continuation should be noted on that part of the form. B. Portions of the Form To Complete and Reporting Schedule 1.Miners and/orMillers. Miners and/or millers must complete parts A. U(l). C. If. 1.}. and K of the form. Complete B|3) if applicable. Report for each plant site on a separate EPA Form 7710-36 and submit within SO days of the effective date of the rule. 2. Primary Processors ofAsbestos. Primary processors must complete parts A. C. C. H. I. J. and K of the form. Complete B(3) if applicable. If a facihty processes on asbestos mixture that is made ala different plant site, part D must also be completed. Report for each plant site on a separate EPA Form 7710- 36 within 50 days of the effective date of the rule. 3. Secondary Processors ofAsbestos. Persons who are solely secondary processors must submit F.PA Form 7710-37; "Reporting Secondary Processing ar.d Importation of Asbestos Mixtures" within 60 days of the effective date of the rule. If the company is selected and notified by certified letter to complete EPA Form 7710-36. complete parts A. D. C. H. I. Jf. andK of the form for ; submission within SO days of receiving notification. . . 4. Importers ofBulk Asbestos. Importers of Bulk Asbestos must complete cl least parts A and B(2) of the form. Complete B{3) if , applicable. Report all activities that involve asbestos on EPA Form. 7710-36 within 90 days of (he effective date of the rule. 5. Importers ofAsbestos Mixtures. Importers of Asbestos Mixtures must submit EPA Form 7710-37 "Reporting Secondary Processing and Importation of Asbestos Mixtures." within 60 days of the eiiective dale of the rule. If the company is selected and notified by certified lettec to complete FIPA Form 7710-30. complete parts A and E of the form and submit within 90 days of " receiving notification. 6. Importers ofArtic!e[s) Containing Asbestos Component(sf. Importers of Article(s) Containing Asbestos Component(s) mast submit EPA Form 7710-37 "Reporting Secondary Processing and Importation of Asbestos Mixtures," within 60 days or the effective date of the rule. If the company is selected and notified by certified letter to complete EPA Form 7710-36. complete parts . A and F of the form and submit within 90 days of receiving notification. //. Missing Information It is important to fill in all blocks in the portions of the form that must be completed. If the required information either cannot or need not be provided, enter one of the notations described below. Write "N/A" (not applicable) in large bold letters on the first line of any section that is not required. Only use "0" to report a quantity of zero. Enter the following notations if the requested dam are unknown, previously submitted to EPA or CPSC. orsubmitted as a corporate report. ' LINK--The requested data are unknown and not reasonably ascertainable: or. not in the possession of the importer. This may be the case for information from a specific year or about e specific type of data that is required. CPSC--The requested data have been previously reported to the Consumer Product Safety Commission (CPSC) in response to the December 22. I960 . Federal Register notice "Consumer Product Containing Asbestos: General Order for Submission of Information." (-15 FR 4304). Use this notation only for the specific items of information that were submitted to CPSC. Do not use this notation in lieu of reporting of CPSC was iii.-truclcd not to share the submitted information with EPA at the time of response to the CPSC General Order. CORP--The requested data have been submitted for sections B(2) and S{3) (importation and exportation), in a corporate consolidated report, inform the plant site management that a corporate consolidated report has been submitted and instruct those plant site's) to enter "CORP" in sections B(2J and B(3J. EPA--The requested data have already - been submitted to EPA in the format of the reporting form as proposed or promulgated. HI. Specific Instructions fgrForm 7710-30 A(l). Respondent Identification 1. Enter company name, and name and complete address of plant site. 2. Enter name/ fob titlc. and telephone number of the principal technical contact person to be contacted hy the EPA for answers to any questions about the ' submitted form. ' . 3. Miners must record the mine identification number assigned by the Mining Safety and Health Administration. 4. Enter name and address of the parent corporation responsible for fiscal _ management of the reporting site. 3. Enter the total number of years asbestos has been manufacturedorpror.essed at this plant site, through the date of this report. A(2). Respondent Activity Review the definitions in Appendix A of these instructions to ascertain required reporting aqtivity(ies). Check the appropriate activiiyfies) that is performed at this site. Complete the portions of the form listed next to the activities checked. For example, a primary processor who makes an asbestos mixture and then processes the asbestos mixture at the same site to make a different end product should report the production of the final end product in part C. Only complete part D of the form if the facility processes an asbestos mixture that is made elsewhere. A(3). Confidential Business Information Any reported information may be claimed as confidential business informa ricn. When submitting the form, mark (X) in the space provided on each line of (he form th3f contains confidential information. Additionally, an authorized company official must sign the "Certification for Claims of Confidentiality" to certify that the four statements on the form apply to all inform,!lion claimed as confidential. B(t). Production of Bulk Asbestos Enter, in short tons, the amount of hulk asbestos produced (rained or milled), in 1979. 1580. and 1981. B-2). importation of Bulk Asbestos Enter, in short tons, the amount of bulk asbestos imported in 1973.1980. nr.d 1931. Report alt imports entering the 'U.S. Customs territory that are declared under Tariff Schedule of the United States. Annotated (TSUSA) Number 5i8.1110-01it.uwi. Mark in the appropriate box the source of this . information. CAPCO JEN 0012074 33214 Federal Register / Vol. 47, No. 147 / Friday. July 30, .1982 / Rules and Regulations . E(3]. Exportation of Bulk Asbestos " ' Enter, in short tons, the amount of bulk abestos exported in ~V0.1980. and 1301. Mark In ihe appropriate box the source of this information. C. Primary Processor Production Individually list the product subcategories made and shipped from the plant site in 1979, 1900, and 1981 that incorporate bulk abestos as a starting material. Read instructions for Itpms 1.2, and 3 before completing this section to ensure sufficient space for entries. . (1) End Product Shipped. Locate on the list of "Asbestos Mixture Product Subcategories" the most specific name that describes the end' product(s) shipped from the plant site. Enter the corresponding code number for each product subcategory being reported. If the - listed product subcategory name is not 1 adequately descriptive, write in a generic name next to the code number. If the product is not listed, write in the appropriate code for "other" and a .generic name for the product. Do not enter a trade name as a generic name. Do not report anything more specific than a product subcalegory. " (2) Type ofAsbestos Fiber Consumed. Mark (X) the fiber type(s) that is. or has been, used in production of reported product subcategory. Use one block for each fiber type incorporated into each product subcategory. If more than one type of fibar(s) is used for a product, mark (X) the additional fiber in the next block and mark (X) the continuation box in column 1. Do not list the same product subcategory twice. (3) Quantity ofAsbestos Consumed.'Por each type of asbestos, enter, in short tons, quantity consumed in 1979.1980. and 1981. (4) Total Annual Production. Record the total annual production quantity of each reported product subcalegory in 1973.1980. u-.d 19B1. Production quantities will be . crossed in the units of measure indicated on the form next to the listed end product, as used by the Bureau of Census. If census units are not applicable, report production in short tons. (3) Value Shipped. Record Ihe total annual value shipped (in thousands of U.S. dollars) for each reported product subcategory in 1979,1990, and 1381. These figures must be separated to show domestic 3ales and export sales (i.e,, sales distributed outside the U.S. Customs Territory). If the breakdown is unknown, report total sales as "Domestic" sales, and write "UNK" under "Exports." The valuation of products shipped should be based on the net selling value, f.o.b. plant, after discounts and allowances, and exclusive of freight charges ar.d excise taxes. When reporting products transferred to other establishments within the same company, the shipping plant should assign ihe full economic value to the transferred products. Include ail direct costs of production and a reasonable proportion of all other costs and profits. (C) Percentage of Toia.i Value Shipped. Estimate the percentage of end products shipped tha* reflect primary processing of asbestos in 19U1. tl. Secondary Processor Production Individually list the product subcategories made end shipped front the piunl site in 1979, 1980. and 1981 that incorporated an asbestos mixture as a starting material. Read the instructions for items 1,2, and 3 before completing this section to ensure sufficient space for entries.. (1) End Product Shipped. Locate on the list of "Typical Terms for Products Made from Asbestos Mixtures" the'most specific subcalegory name that describes the product. Enter the corresponding code number for each product subcatcgory being reported. If the product name listed is not adequately descriptive, write in a generic name next to the code number. If the product is r.ot listed, enter the appropriate code for "other" and write in a generic name for the product. Do r.ot enter a trade name as a generic name. Do not report anything more specific than a product subcategory.- (2) TotalAnnual Production (Quantity by Census Unit ofMeasure). Record the total production of the reported product subcalegory at this plant site in 1379,19i!0, and 1981. Production quantities should be reported in the unit of measure used by the U.S. Department of Commerce, Bureau of the Census, for the 1977 Census of Manofacturcrs. (3) Asbestos Mixture Consumedend Form. Locate and enter from the fist of "Asbestos Mixture Product Subcategories" the code number of the asbestos mixture processed to produce tire product subcategory. If the material processed is not fisted, then enter the appropriate code for "other" and write the generic name of the asbestos material you process. Indicate the form in which the asbestos starting material is purchased (e.g., roll of paper. 3'xS` sheets, roams of 8"xll" sheets). Use one block for each asbestos mixture incorporated into the product subcategory. If there is more then one asbestos mixture per product subcalegory, list the mixture's) in the next block(s) and mark (X) the continuation box in column 1. Do not list the same product subcalegory twice. (4) Function ofthe Asbestos in Product. Briefly describe the function of the asbestos in the product. Examples of possible asbestos functions arc: rot resistance, heat insulation, fire shield, electrical insulation, dimensional stability, filler, or tensile strength. (5) Annual Consumption ofAsbestos Mixtures. Record the total annua! quantity and specify Census Bureau unit of measure and the total annual cost (in thousands of U.S. dollars) of the asbestos mixtures consumed in 1979,1330. ar.d 1981. The value of Ihe materials consumed should be based on the delivered cost, i.e., the amount paid orpayable after discounts and including freight and other direct charges incurred in acquiring the materials. Charges include purchases, transfers from other establishments of the company, and withdrawals from inventories. Materials transferred to the plant site front other plants within the company should be assigned their fell economic value, us assigned by the shipping plant, plus cost of freight and" handling charges. (B| Percentage of Total Value Shipped. Estimate the percentage of end products shipped that reflect secondary processing of asbestos in 1881. K. Importation of Asbestos Mixtures Individually fist the asbestos mixtures imported to the plant site in 1379,1989. and 1831. Read the instructions for items 1. Z and 3 before completing this section to ensure sufficient space for entries. (1) Asbestos Mixture. Locate on the list of "Asbestos Mixture Product Subcategories" the most specific name that describes the mixture imported. Enter the corresponding code number of each product subcalegory being reported. If the name of the product subcalegory is not adequately descriptive, write in a generic name next to the code number. If the imported product subcategory - is not fisted, enter the appropriate code for "other" and write in a generic name for the ' . product. List each product subcategory on a - separate line. Do not enter a trade name as a generic name. Do not report anything more specific than a prodcct subcategory. " (2) Asbestos Fiber Content. Mark (X) the type of asbestos fiber in Ihe imported asbestos mixture and enter the total quantity of asbestos per unit of the mixture (tha unit used to report quantity imported). The quantity of asbestos should be reported in pounds. If these data are not available, mark IX) "UNK." Use one block for each type of fiber that is :u the imported mixture. If the mixture contains more than one type ofasbestos fiber, list the additional fiherfs) in the next btock(s) and note the continuation in column 1. Do not list the same mixture twice. (3) TotalAnnual Imports. Record the total annual quantity of each fisted product subeutogurv imported in 1979! 1888. and 1931. Quantities will be expressed in the units of measure used by lliu U.S. Bureau of the Censes or according to the unit used to report Importation to the U.S. Customs Service.' Record the total annual value imported (U.S. dollars) for each product in 1979. I960," and19*il. This figure can be drawn from the U.S. Customs Service entry forms as the ''Entered Value in U.S. Dollars" or "Value." F. Importation of Articlc(s) Containing Asbestos Component(s) Individually fist the articles containing an asbestos component that were imported in 1979,1380, and 1981. Only report Information relating to imported product subcategories . listed under "Typical Terms for Products Made from Asbestos Mixtures." If the component was reported on EPA Form 771037 during Phase 1. use the same coda's) ar.d generic r.ame(s) as reported on that form. . Read the instructions for items 1,2, and 3 before completing this section lo ensure sufficient space for entries. (1) Article -Verne. Locate on the fist of 'Typical Terms for Products Made from Asbestos Mixtures" the most specific name that describes your product. If the listed product name does not adequately describe your product, write in a generic name next to the code number. List each product on a separate fine. If ihe imported product is nut listed, enter the appropriate code number for "other" and write in a generic name. Do rot enter a trade name as a generic name. (2) Total Annua! imports. Record the total number of units that were imported in 1979. - CAPCO JEN 0012075 Federal Register / Vol. 47. N'o. 147 / Friday, July 30. 1982 / Rules and Regulations 33215 1.1H!). and 1081. Quantities will be reported in separate TWA value for the mine and for the . mold. Other production workers who ate to the unit of measure that was used to declare mill. be counted in this category include (but are the merchandise upon entry into the U.S. or For each End Product Svbcotegory. enter no! limited to) employees who lake products l>y the U.S. Bureau of Census for the 1077 the number of workers who perform the oil a production line, assemble parts, oversee Census of Manufacturers. Enter the value of production operations listed below. Only drying or rolling operations, or inspect, the imported merchandise in U.S. dollars. count employees who were counted as weigh, or package asbestos mixtures or (8) Asbestos Component(s). List all production workers in item 2 of part C of the asbestos-containing products. asbestos components contained in the form. Each employee is to be counted only (4) Number ofEmployees. Enter next to the imparted article by name, or by describing the mixture making up the component. Use one block for each asbestos component. If the imported article contains more than one asbestos component, list the component in the next block and note the continuation in column I. Do not list the same article twice. one time, in the operation and product line that is the employee's primary assignment. After grouping the 8-hour TWAs. follow the detailed instructions in Appendix B to find the mean, standard deviation, number of. measurements, and ceiling ranges for each . - group. IF... _ appropriate job classification the number of employees working in jobs meeting the general descriptions provided. Count employees only one time and only under the job description that best describe) their primary duties. (5) Arithmetic Mean ofDetectable G. Employees . . " - Note.--The sum ofall production Measurements. Locate monitoring data for Classify all employees as of January 1981. into the following categories. In items 2-5, COUNT EACH EMPLOYEE IN ONLY ONE - employees listed in column 4 must equal the number of production employees entered in Item2ofpartC. .... .' ' any employees counled in column 4 and group those monitoring data'according to the employee's general job classification; - CATECORY. In this section, report numbers (1) End Product. Primary or secondary Determine the arithmetic mean of those or individuals without regard to the number processors must enter the same code detectable TWA values for each work of hours worked. nuinber(s) and generic name(s) they listed in category. Calculate the mean only to the (1) Total Number ofEmployees. Enter the- . part C oc D of the form. Miners and/or millers nearest one-hundredth (e.g., 0.05). The total number of employees [the sum of items do not complete this block;. - - arithmetic mean is the sum of the time- 2,3. 4. and 5) who worked at the reporting (2) Respondent Activity. Determine weighted averages dividedijy the mtunher of plant site as of January 1981. If you employed seasonal workers in 1981. add the number of applicable category of activity. . (3) Production Work Category. Divide - time-weighted averages. (See Appendix B for instructions and worksheet for determining those workers to the total. ' (2) Number ofProduction Employees. Enter the number of production employees who work in areas where ASBESTOS IS production employees into the Production Work Categories for each end product subcategory. Count mine workers under Mine Operations and mil! workers under Mill the arithmetic mean.) IE there are r.o measurements for workers in a particular work category, write in "No measurements." (S) Standard Deviation. Enter the standard MANUFACTURED OR PROCESSED. Do not include plant site production employees who work in separate areas where no asbestos fiber or asbestos product is processed. This number must equal the total number of employees reported in Section H. for all product lines. (3) Number ofShipping. Receiving, and Moving Employees. Enter the number of employees involved with shipping, receiving, or moving asbestos fiber or asbestoscontaining products. (4) Number ofMaintenance Employees. Enter the number of maintenance employees who perform maintenance tasks in work areas where asbestos fiber, asbestos products, or asbestos waste are processed, stored, or moved. (5) Number ofOther Employees. Enter the number of other employees at the location that are not counted in items 2-4. Operations. FiberIntroduction Operations are operations where bulk (raw) asbestos is mixed with or added to a combination of other materials. Primary processors will list employees who handle bulk or raw abestos fiber. Secondary processors do not use bulk asbestos as a starting material. Wet Mechanical Operations are operations where asbestos fiber, asbestos mixtures, or asbestos-containing materials are fabricated.' modified, or altered, and the asbestos component is wetted to reduce the release of airborne asbestos fiber. This category includes such .activities as: machining, sawing, drilling, cutting, grinding, or pulverizing. Count employees whose- , principal job is to control or work with the tool or machinery performing the operation. Count all asbestos textile workers involved with wet operations here, whether involved in spinning, twisting, or weaving operations. deviation for each arithmetic mean you calculate in column 5. (See Appendix B for instructions and a worksheet for determining the standard deviation.) (7) Number ofMeasurements Used. For each work category, enter the total number of . actual observations (filters) used to determine all of the employee's TWAs in the category. This includes the number of all nondctcctable measurements. (0) Number of Non-delcctabie' Measurements. For each work category, enter the number of measurements that arc below detectable levels. (Non-dctectabla levels may not be greater titan 0.1 f/cc.) (9) Ceiling Concentration Level. For each work category, enter the range of ceiling concentration levels that were determined. Provide the low and high measurements. (10) Sampling andAnalyses Methods. If the company used the NIOSH methodology to H. Summary of Current Worker Exposures Dry Mechanical Operations are operations sample airborne concentrations of asbestos - Report, by category of production workers, the arithmetic mean of the 8-hour time weighted average (TWA) exposure level for all employees at the reporting site for whom a TWA has been determined. Appendix B describes how to perform the calculations and includes a worksheet. Summarize Only Existing Monitoring Data: where asbestos fiber, asbestos mixtures, or asbestos-containing materials'are fabricated, modified, or altered without any intentionalwetting of the material during the operation.. This category includes activities such as: machining, sawing, drilling, culling, grinding, or pulverizing. Count employees whose principal Job is to control or work with the tool or machinery performing the operation. fibers in the workplace and to analyze measurements (DHEW (NIOSH) Pub. No.79127J. check the corresponding box on the form. If the company used other sampling and analysis methods, enter the appropriate codes for those methods listed in the next section of these instructions. The reporting company has the option to Additional Monitoring Is Not Required- Count all asbestos textile workers in dry describe in an attachment any additional Submit a single TWA value (arithmetic operations here, whether involved in ' mean) to summarize existing monitoring data spinning, twisting, or weaving operations. information that wilt better describe work practices or other measures instituted to that will describe current exposure levels Other Production Employees are . reduce the levels of airborne fibers, or to ' that employees in general production production employees involved in operations protect workers from exposure to ashestos. categories may experience while working on that require handling of asbestos fiber or Attach any additional materials to this form each production line. Summarize and report materials in a manner not covered in the at the time of submission. monitoring data separately for workers on operations described in the other categories. (11) Enter the towesl delectable level of the the production line for each end product This category will include workers who measurements the company expects to attain subixilegorv that baa been reported ns either perform an operation that involves handling by the sampling and analysis methods. "Primary Processor Production" (part CJ or an asbestos mixture, such as bonding (Measurements below this level are "Si-cnnd.iry Processor Production" (part D). asbustos-felt-backing for vinyl sheet flooring considered "non-detcctable" for the purposes Miners and millers, must provide a single. or injecting asbestos-reinforced plastic into a of this rule.) CAPCO JEN 0012076 3321B Federal Royiste.r / Vol. 47, No. 147 / Friday, July 30. 1982 / Rules and Regulations I. Measuring Asbestos Emissions of F-bcr (1) Product Lints. Enter the product Release subcategory code (and generic name if used) If the plant site has applied Tor n water effluent discharge permit (NPDKS'Permit). provide the application ilato and the permit (imnl)er that was assigned. Snmm.t.r/n ..ml report separately the results ofany measurements or monitoring for each end product subcategory reported in parts !)(!). C. or D. Miners und/ur millers need only list the type of bulk asbestos fiber reported in section B(l). If unjble to determine wastes by end product subcategury, report according to the form of performed to determine the amount of the waste (see below); enter the name(s) and asbestos Tiber reteased during the production,, coile(s) from parts C and D. Mjrk (X) in the use, or disposal of asbestos fiber or asbestos appropriate box to indicate that the data is products (other than already reported in part - either an ``End Product Report" or a "Form of. j I of this form). If attaching any such - Waste Report." ' ~ Information for this section, check the "yes" ' (2) Form of Waste. Record the form of the box un the form. If not. mark "X" for no separate report. Where possible, the waste either after completion of the processing or as it leaves the plant site.' measurements should characterize the type of - Report asbestos collected in control devices. fibers found and the fiber size distribution, . . such as haghousc fines, on a separate line. and should be reported according to the .;; . (3) Total Annual Quantity ofAsbestos following ranges. . . " Waste (Shod Tons). Enter the total quantity. Reports submitted in response to this . jn short tons, of asbestos waste generated by section should describe the methodologies, each leported end product production line in used to perform any tests, to gather samples, lain. Asbestos waste is a waste product that and to analyze samples. If this information contains asbestos as some of tha total waste. I:,is been previously submitted to a Federal Do nut report quantities of waste recycled or agency, do not repurl again here, but indicate reprocessed. the date and to whom the information was (4) Average Percent Asbestos. Record in sent, and briefly describe the nature of the short tons the average percentage of asbestos information. Where possible, summarize the (by weight) in the total quantity of asbestos sampling and analytical methodologies according to the terms and abbreviations listed below. waste. This figure may he an estimate based on previous experience or an extrapolation of . pioductinn muss balance figures. (5) DisposalSilc(s). (a) Type of Land Analysis pvjW-C^txgk!* Disposal Facility. Mark (X) one of the following types of land disposal facilities or <M.O__ 1.0-2.0- Optical M^ac9.'opv. the asbestos waste of each end product ' PC Pnase Cooftait MCfO> subcategory or form of waste. See the- 2.0-3 30-404 0-50- 50-100-- 0 0-20 020.0-30.0- copy. PM Watt}**} fS&CSCCZY. CS Cisp-jf^o' Sunno. OM cpKil frw^osccpy technic# (specify). Electron M.crecpy. * TSM Tut'v^'^on EJectfjn M-crosccpy. February 5.1941. Federal Register (4ti FR 11120) for comprehensive Jerim'tiuns of the types of facilities. ' Surfccts Impoundments--facilities at which liquid wastes or other liquids are impounded or held. Suifacc impoundments are generally eurthen structures designed ScM Scponinj. EtacJrofl Mi croscopy. Sirring AVrhccc*:;:*?* ED Crcctrcrt enaction. XR$ X-Ray Specuo.Tiotfy. K Kcntn^tef......... EM Urfcoc*n crteccny fesuiis. rri* TP Thermal ...... I Inprvftr- --------- O Ary o!*ef arjiyvs rrtttl*o<J* o>cgy {Proves specific** Cons). to hold an accumulation of liquids or wastes containing free liquid. Waste Piles--facilities at which wastes, usually in a sotid state, are pieced on the land for storage or treatment. Lend Treatment--facilities at which wastes (usually in a solid, semi-solid, semi- liquid. or liquid state) are spread on the ground for the purpose of treatment. Landfills--facilities at which wastes, MVJgtt lmp^yj*rMAmbrar* ERA Pfov-sor-al Methodo'-cyy EPA--*'E>ctm McroscopA Measurement of Aron** At testos Co*-C*<:t:a!'cn--A Prc^cnal f.V2tfio2cJogy,M EPA- usually in solid or semi-solid state, arc . ` placed into or on the land for permanent disposal. - " Seepage Facilities--facilities at which wastes (usually in a liquid, semi-liquid. or 00/2-77-178 June 1976). semi-solid state) arc placed into or on the land for storage, treatment, or disposal. A. seepage facility-is designed with the ]. Waste and Disposal Entries m this section will account for the waste that is not recycled anJ results from the production of each type of end product subcategory reported. The percentage of the total waste from the plant site that results from the production of euch end product subcategory may bis estimated. Report separately the data for each eml product subcategory. If unable to determine quantities by product subcategory. report total quantiti.-s disposed of for each form of objective of discharging liquids into the land. There arc four types or seepage facilities: ... --seepage lagoons --drying.beds --seepage pits --seepage beds Injection Wells--facilities at which wastes in a fluid (usually liquid) sta'e are injected into the land under a pressure head "renter than the pressure head of the ground water into or above which they are injected for waste. , disposal. CAPCO JEN 0012077 ' Federal Register / Vol. 47. No. 147 / Friday, July 30,1982 / Rules and Regulations (b) Location ofDisposal Facility--For each end product subcategnry (or form of waste), mark (X) whether wastes arc disposed of at this plant site (on-site) oral another site (off site). (c) Ownership ofDisposal Facility--Foe each end product subcategory (or form or waste), mark (X) whether this disposal facility is owned by reporting company (company), another private company (private), or a municipality (municipal). (d) Permitted Hazardous Waste Facility-- For each product subcategory (or form of ` waste), mark (X) whether the disposal facility is permitted under any applicable State or federal hazardous waste regulation. (61 Method ofDisposal. Briefly describe the specific methods used to dispose of asbestos waste. For example, if you wet the waste and place it in a bag or drum prior to disposal, that should be noted here. (7) Additional Information. Submit any . additional information to describe any steps taken during waste disposal to reduce the release of airborne asbestos fibers, if enclosing a separate description, check "Yes" on the form: if not, check "Mo" in the space provided. . K. Pollution Control Equipment In this section, provide information on all air pollution equipment located at the plant site to control or remove airborne asbestos fiher. List each piece or equipment on a separate line on the form, even though identical units may be used at the plant site. Use the codes listed in this section for each piece of equipment being reported. For additional space, fill in and attach additional copies of the form. If the company has submitted portions of the required data to F.PA previously and the data are still current, enter "F.PA" in place of those data, and reference the address where the (tala were sent and the date they were sent. (1) Item Number. Number each piece of equipment consecutively (one through the total number of pieces of equipment). (2) Type of Equipment. For each item number, enter the appropriate abbreviation from the following list. * Baghouse (BH) --Reverse Air (RA) --Putse )et (PJ) --Shake(S) --Other (O) For example, if the baghouse used is equipped for both reverse air und shake cleaning, enter (BH) (RA) (S). * Scrubber (S) --Venturi (V) --Impingement (1) --Spray (SP) --Other (0) H the scrubber used is the venturi type, also enter the pressure drop in inches or water in parentheses. For example, if the ranee of pressure drop, is 40-30 inches, enter (SI (V) (40-00J. Electrostatic Prec.ipiiatcrlF.SI'| * Ci clone (C) * Multiple Cvc'.oue (MCI * Other (O) ` (3) Cos Stream Volume and Temperature. For each piece of equipment, enter the gas - volume (in cubic feet per minute) and the operating temperature (in *F). Use actual data for these entries, although estimates or design figures may be used if actual data are unavailable. Ranges (ex: 8.000-10.000 ACFM il 140--1.60 '(')) are also acceptable. (4) Equipment Size If electrostatic precipitators and/or baghouses are used, enter the total square feet of collecting surface area. For all other types of equipment mark (X) "N/A." (5) Estimated Collection Efficiency. Enter the collection efficiency (percent), or an estimate of this vatue, of each piece of equipment. Mark (X) either design (D) or actual (A) to indicate basis for response. (6) Normal Operating Schedule. Enter the normal number of operating hours either actual or estimated for each piece of equipment during 1331. (7) Quantity CollectedAnnually. Estimate the quantity of material in pounds that is (or would be. given the design of the equipment) collected annuaily by each piece of equipment in 1361. Include all asbestos and nun-asbestos materials in the total. If possible, estimate the percent (by weight) of asbestos in the collected material. Mark (X) either design (D) or actual (A) to indicate basis for response, (3) Source of Emissions. Enter a brief description of the source of the emissions such as work area exhaust ventilation, curing oven, mixer, various, etc. (9) Stack nr Chimney. Indicate whether tin: air pollution control device discharges to a stuck or chimney: check "Yes" or "No." (10) Special Problems. If there is a special problem with particulate collection or with any specific piece of equipment, discuss it in the. space provided. Be sure to indicate which piece of equipment is being discussed. (11) Estimate the percent of plant exhnust air that is treated by the plant site's pollution control equipment. Appendix A Definition of Terms Several terms are used throughout the reporting form anti the instruction booklet to describe the different kinds of asbestos products and how to report them. Asbestos Mixture: a mixture which contains bulk asbestos or another asbestos mixture ns an intentional component. An asbestos mixture can be utilized as a finished product or incorporated into other products. Bulk Asbestos (or raw asbestos): any quantity of asbestos fiber of any type or grade, or combination of types of grades.-that is mined or milled with the express purpose to obtain asbestos. 1 he term does not include asbestos that is produced or processed as a contaminant or an impurity. Asbestos is a group of naturally occurring, inorganic, highly librnns. silicate minerals, which easily separate into long. thin, flexible fibers when crushed or processed, included in the definition are ibe asbestiform varieties of: chrysotile (serpentine): crouidulite (riebeexite): amosite (cummingtonite- giunuritel: :inihopiiyi!ile: Iremolite: und actinolite. 33217 CAPCO JEN 0012078 i 33218 * Federal Register / Vol. 47, No. 147 / Friday, July 30, 1982 / Rules and Regulations End Product: the product subnulegory that Primary Processor ofAsbestos: a person . is either shipped from the reported site or who processes bulk '-estos to makes an imported into the United States. asbestos mixture or a product that contains Generic Name: a term that describes the asbestos. A primary processor win! make an coded product subcategory better than the asbestos mixture and then processes the subciitrv name given on the form. If the asbestos mixture at the same site to make a produi.i subcategory name on the form is different end product should report adequate, use it. Importer: a person or facility importing . asbestos, in bulk form or as part of a mixture or article, into the customs territory of the United States. This definition includes: production of the final end product. Primary processing includes the mixing or repackaging of raw asbestos fiber. Pmducl.Subcote.gory: the type of asbestos mixture or the type of end product listed and The person liable for the payment of any .numbered on the form. duties on the merchandise, or An authorized agent on his behalf (as . defined in 19 CFR 1.11). Importer also - includes, as appropriate: . . . Secondary Processor ofAsbestos: a person who processes an asbestos mixture that is then incorporated Into that person's end product. Secondary processors use asbestos ,--The consignee:" ' mixtures that are made at a site other than --The importer of record: . the situ being reported. For instance, asbestos " '--The actual owner if an actual owner's millboard may be purchased by a secondary declaration and superseding bond has processor, who could cut that millboard and been filed in accordance with 19 CFR . 141.20: or incorporate it into an appliance. --The transferee, if the right to draw Appendix B merchandise in a bonded warehouse has ` ' been transferred in accordance with .... Subpart C of 19 CFR Part 144. For the .y purpose of this definition, the customs How To Compute Summaries ofMonitoring Data--instructions and Worksheets \ territory of the United States consists of the SO states, Puerto Rico, and the District of Columbia. When two or inore persons meet the same definition of "importer" for the same shipment, the principal in the transaction, not his agent or agents, should report Note.--If reporting company purchased in the United States an asbestos product that ' -originated outside the United States, do not report as an importer. For repotting purposes, there are several classes of importers: . - .--An Importer ofBulk Asbestos imports These instructions dcsixibe how to compute the arithmetic mean and standard deviation of the TWA values for each . category of employees counted in eoliunn 4 of part H of the form. It is probably easier to compute the figures by working through one line at a time. For example, a primary processor who has employees working in the fiber introduction area should locate U monitoring data for those employees, and work through question 10 before beginning computations for the next production work category for that end product. A worksheet is attached to these instructions: after bulk asbestos into the customs territory completing it. transfer your computations to of the United States. Imported bulk part H or the form. asbestos is declared to the United States I. To compute the "mean" for the TWA Customs Service upon entry as Tariff values for a production work category, first Schedule of the United States. list all of the TWA values for employees Annotated. (TSUSA) numbers .318.1110318.1160. Importers need report information only to the extent that the information is in their possession. --An Importer ofAsbestos Mixtures imports asbestos mixtures into the customs territory of the United States. counted in the category. Do not include nondelectable TWA values in the following calculations. For example, assume the following TWA values (listed in column A) for a production , work category': ''' Imported mixtures include, but are not limited to, merchandise declared to the United States Customs Service upon entry as Tariff Schedule of the United Na . . , TWA mIms | Scu4f4S Of COKiam <A> States. Annotated, numbers (TSUSA Number) 518.2-318.3. or other TSUSA Numbers that may pertain to asbestos mixtures. --An Importer ofArticlels) Containing Asbeslos Comuonenl(s) imports an 1. i.CO : too 2. i5a 2 25 X 0.S0 ( 0 35 4. 1.75 3C6 5. l 156 r.eoj 8 12 article that contains one nr more asbestos components. After listing the TWA values in column (A) Miner and/or Miller ofAsbestos: a person on the worksheet, square each value and who either mines or mills asbestos. Mined or enter the square iu column (3) on the extracted asbestos-containing ore is further worksheet. The squares tire used later to milled to produce bulk asbestos. Milling compute the standurd deviation. Rum both involves the separation of the fibers from the columns. ore. grading and sorting the filters, or II. Next, determine the number (Xj of fiberizing crude asbestos ore. vuiues. In this example. N --5. . ... '- .' . . ' -- .' '' . ' .` / . . I yt : t CAPCO JEN 0012079 Federal Register / Vol. 47, No. 147 / Friday. July 30, 19S2 / Rules and Regulations HI. The "mean" is the suni of the TWA values in column A divided by the number of values (N). In this example: Sum of TWA Values 6.00 Mean=< ------------ ---------------- = ----=1.20 N5 IV. To calculate the "standard deviation" of these values, first compute the "variance" according to the following formula. In this example: fVJ = ---- X [Sum of Cotumn B-- N--1 . . ' ' (Sum or Column A)5] I n" 1 [8.12-(6.0 X 6.0)] . ~ 5-1 S = 7, [8.12-7.2J 92 4 V=.23 V. Finally, the standard deviation (SD) is the square root of the variance. ` In this example: SD=\ =V.23 SD=0.48 The arithmetic mean is entered in column S on the form, and the standard deviation is entered in column 6 on the form. billing code ssso-so-m 33219 CAPCO JEN 0012080 Federal Register / Vol. 47. No. 147 / Friday; July 30.. 1982' / Rules and'Regulations 763.77 Reporting secondary processing and importation of asbestos mixtures. T. t following EPAForm-7710-37.Reporting Secondary-Processingand Importation ofAsbestos Mixtures, will be completed and submitted to EPA as required in 763.65 and 763.71. Information must-be-reported on this farm to the extent that it is in the possession of the respondent. Importers must report imported'products only if the imported product is IistecTon this;. form. (a) EPA Form.771CK17 (8-80) ];. ' ' ..." ... ... DXUSC CODE 6S50-5OM ~ . " 3322T CAPCO JEN 0012082 33222 Federal Register / Vol. 47, No. 147 / Friday, July 30,1982 / Rules and Regulations O 'CXD-fN tS?l7jCa COMPANV NAME - US SNVIRONUENTAL PROTECTION AGENCY RETORTING SECONDARY PROCESSING AND IMPORTATION OF ASBESTOS MIXTURES PART 1 - CC*ANY iNFOPMATinM POR tPA U*e ONLY AOORESS r.M'Ttl. C`if>, Slatt A /.If Cttdtt TECHNICAL CONTACT . ELERhONE no. w '* IMPORTER 1 'Ofainciral Q agent PART II-SECONDARY PROCESSOR ENO PRODUCT'S) Fnxn thf ii$i Jo Section 1, enter the aibcttos end product produced. Oppotiteeich product, list the eibettos mixture that you process, end the Quantity of etch mixture that you consumed in 1981. cooe end froouctisi generic NAM? AsaesTos mixturfki COOE GENERIC NAVE . .1 . *"'r * v* i:-""*>* nUANTlTY OF ASBESTOS M.XTURE CONSUMED QUANTITY UNIT QF MEASURE , - ' .. * ' - !' * , ;'V PART III - IMPORTERS OP AS3EST0S MIXTURE'S! OR ARTICLEISI CONTAINING ASaESTOS COMPONENTS List the asbestos mlxturets) or a<tlc!.(s) that you import and the Quantity of each item that you imported 138t. Oopusife eeh item, enter a description of t*e asbestos component in the mixture or article. ASBESTOS MIXTURES) OR ARTIClEISI COOE GENERIC NAME QUANTITY OF AS3ESTOS MIXTURES) OR ARTlCLEtSI IMPORTED QUANTITY UNIT OF MEASURE DESCRIPTION OF ASBESTOS COMPONENTS* IN ARTICLE " - --- -- ;' ' . CERTIFICATION FOR CLAIMS OF CONFIDENTIAL BUSINESS INFORMATION An authorized company official may claim any information reported on th* form n confidential business information. To do this, the confidential information must be clearly circled with a red marker. In iddit:on, an authorized company official must sign below to certify the truth and accuracy of the following four statements, wh-ch apply to ail information that is claimed. 1., My company has taken measures to protect the confidentiality of the information, and it wilt continue to take these measures. - *'. 2. The information is not, and has not been, reaionably'obtamable by other persons (other than governmental bodies) by using legitimate means (other tnan discovery based on a showing of special need :n a judicial or quasi'judicial proceeding) without ' my company's consent. . .... 3. The information is not publicly available elsewhere. 4. Disclosure of the information claimed as confidential would cause substantial harm to my company's competitive position. signature of authorized official DATE SPA to<m 7759-37 (50-811 CAPCO JEN 0012083 I t Federal Register / Vol. 47, No~147 / Friday, July 30,1982 / Rules and Regulations 33223 ii !>< i Vi i i *** -- J" mxiM n'^'iwwm << vwWMMrvav REPORTING SECONDARY PROCESSING AND IMPORTATION OF AS3EST03 MIXTURES INJTKUCnONS This form u to bo completed by parsons who. in 1980. wtea secondary processors ol asbestos or importers of asbestos mixtures or articles that contain asbestos components. Sea "Reporting Commercial and Industrial Uses of Asbestos", 40 CFR Part 763, Subpart D, for a full description of the reporting requirement and reporting schedule. - - ' If additional space is needed, you should use additional copies of this.form. WHO MUST COMWJme EfA fOflM 7710-37 1. Secondary processors of asbestos most complete Part f and N of the form. Etch p)*r>t site or manufacturing fci<ty most be reported separately, if you proces* bulk, esbestes fiber to m*ke any of your product**- at this plant $rta. than you ar a PRIMARY . PROCESSOR and you should report this plant Sit* on PA Perm 77tO-36. 2. Importer* of asbestos mixturafs) or articles) containing asbestos component must Comp(t* Pan I and ill of th* form, if you . impon buk asbestos f*b*r, than you should, report al! importation activities on EPA form. 7710-36. 3 Those who ar* both secondary processors and importer* must compel# Pans I, It and III of th* form. DEFINITIONS 1. AiO*tto Mivtur* m*m a mixlura which contain* bulk aibattot or another mixture. Section 2 below irsta typical t*m for atbettos mixture*. 2. Asbestos Component--mean* any asbestos mixture. including any finished product containing an asbestos mixture, which is incorporated mto an anida. Section 1 below lists typical terms for products made from asbestos mixtures and componant*. Some examples of asbestos components are: asbestos P*P*r m a ha>r-dryar; asbestos* reinforced plastic cabinet of a television; asbestos textile that is part of a particular type ol garment. 3 Secondary Processor of Asbestos--meant a person who processes an asbestos mixture. 4 Importer of Asbestos Mixtures or Articles Containing Asbestos Components'--means a person who imports merchandise that contains asbestos into the customs (armory of the United States. Whw* the** ar two or mor* "importers" for the Mm# ihipm*nc, th* Principal father than th* Agent should repel if posaibl*. PARTI COMPANY INFORMATION Enter the name, address, and phone number of your company. Enter the name of the principal technical contact who is either responsible for the completion of this term, or has Sufficient knowledge of its content to respond to questions posed by EPA. If you *r* reporting as to importer, check the appropriate box to indicate that you tr* either th* Principal importer or th# Aq*a| for th* Principal. PART fl-SECONDARY. PROCESSOR END * PROOUCTS EndProducttM--Locate in Section 1 the name of the product subeaiegory that most specifi cally describes your end product; In this * <dumn, enter the cod* numbef'for the end product you make and writ* in the generic . ' name for the product. If you art reporting a . produo that is.not titled, enter the code for '"Other" that % listed under the most specific general eatagory of products and write m the `generic name. Report each end product on separate-tint*. Forexampl*. if you maV# . appliances andfo'e reporting toasters, enter '"114" #nd"To*3ter**r Ajfraafcs Wixtw/eW--For each end product. locate in Section 2 the name of the asbestos mi*Tre.(hasmost specificaHr describes lh# ^ asbestos mixture ihat you incorporate into th* end-product! In this column, enter the code number for the asbestos mixture and write m the generic name. If you incorporate more than one asbestos mixture into e single end product. : then us* as many fines as necessary to report . all asbestos mixtures w the end'product. For example, if yog incorporate asbestos- millboard into your toaster, your entries would be as follow*. . End Erodwcf- Asbestos Mixture 114`toaster 03:miHboard Qusntfty of Asbestos Mature Consumed-- Opposite each asbestos mixture that $ listed enter th* Quantity of each mixture that you consumed in 1980.' Specify the quantity according to the unit of measure listed m " Section 2. If the unit of measure is not l<s:*d~ report the quantity in short tons. If your records do not permit you to list the quantities consumed fer secarate end products, then report the total amount of each type of asbestos mixture and enter "T* (for total) next to the figure. PART IH IMPORTERS OF ASSESTOS MtXTUP.ElSLO* ARriCLE(S) CONTAINING AN ASBESTOS COMPONENT AtPettonMi*tut* or Article--to* each type of - imported product. locate tn-erihe* Section 1 or Sectiorv.2Jlh* name that most specifically 'descr`be**the product you import. Enter the code numoer and generic name forth* imported'product. QuennyofAsbestos Mistt/refs) orArticled) Imported--Pot each product listed, record the total annuel quantity imported in 1980. Specify the quantity according to the unt of measure hated infection 2, if po>*ib*e. or according to the urvt of measure as reported to the U S. Customs Service upon entry of th* merchandise into the United State*. Description ol Asbestos Components in Article--Hut all asbasto* component* in th# ` tmperted'jrtici* by entering the name of the oabeitd* component opposite the name of the article. H the reported product is n asbasto* mixture listed in Section 2. then you should not complete tm* description. \ ., '* i CAPCO JEN 0012084 t'l-uerai register / vol. 47, No. 147 / Friday, July 30,1982 / Rules and Regulations SSCTION 1 - TYPICAL TERMS FOR PRODUCTS MADE OF ASBESTOS MIXTURES ' Aurovorm and micron moouctj 10t OrumbAa bn.ng (ign|.mriu*m v*h-cu) 102 0*K br*V# pao* |i*g'R*m***,, v*n<U| 103 O-ac brak* pad* Ihaary van-da) 104 8ff* WOC* (n**vy aqu.pmant| 105 Ovicrt fac*ng* (a) 105 Automatic trantmiH-on friction Compon*n|* 107 Fr*eton mai*raU (*ndutn*l and eo^"i*/Ci4 108 Custom auiom#uvt body M**r 105 Tr#nvniion no Mutual 111 Rad*tor top wUuUhO* 112 ftad'SIOT SaSUnt 113. Otn*r (ipaoV gtn*r.c mmt) APPLIANCES 114 Apo**canc*. induStr'*) and eonigm#/(tpacAy g#n*nc nam*) CONSTRUCTION PRODUCTS 115 3o*tar and lurnaea b*H'*t 116 Oacoratad bulging pan#;* 117 A/C tAMt 118 f&' *<* conductor 119 Hoods and wants 120 Po/*95a COnjirgct-O/l bwtd*ng 121 Rooting. saturaiad 122 Pool sn-ngias 123 W*t>ooa/d 124 w*m rooi-ng oan* 125 Otnar lo<`*y g*rt*t*C nam#) CtOTMiNO 1 26 Apron* t27 Boots 128 Gov* and m.n*n* 129 Hats *ndrmim#ii 130 Overga.ipr* 131 S<ts 132 Otn*r(*p*eN g*n*ncnsm#) FLOOR COVERINGS 133 Vinyl-asbasio* Hoo* nU 134 Astestos-feN backed *** v*ny| hoo/mg ELECTRICAL PRODUCTS AND COMPONENTS 135 Cab** Kisw'atton TEXTILE ANO FELT PKOOUCTg (other than clothing) 136 l*Ctn.c motor compon*ntt 137. Eipct**ci rw*toca supports* 179 Alymm-aad doth 180 Ropa or bzj.d*g 138 E<*c<*l switchboard 18t Yarn. Up 0/ rawing 139 l*ctr<a) swiieh support* 140 Eisct/icat /* tniutation til Motor a/*"*iu/a 142 0^< (tA'i'V 9*o*/e nvm) 182 Wicka 183 Bags 164 Salting 165 8Unk#t* 166 Cirpat padding FIRE AND HEAT SHIELDING EQUIPMENT AND COMPONENTS * 143 AredallaCIP/4 187. Commarcial/induttriai d/>aa ftlts 188. Orapani* 144 frfa Boo/* 189. Onp cloths , 145.Fireproof *b*ob#'*tpapa/ '* *?** .'* 146 H*tth`*l<3* .* * , .*/ 190. Fira ho*** 191. Ironing board pads and 147 Moll*nm*tal handling. ' . ' insulation #qu*pm#nt * ^ . *V_* 146 Ovwn and nova insulation 149. Pipa wrap ,5150. Siova im.ng, wood nd coat . 151 Stov* p.p/mg* '* *' * *1 , 192. M/iti*s. lamp 0/ caiaVt< h*st*r 193- Packing and packing compon+n 194. Puno and organ uits .- 195. Rug* . 152. si**v*t *;yr- 153. Tharmal #nuta(.0A * \\ . 194 Tap* 197. 7h*al*r Curtains '154 Oih't*P*c>hrg*n*"cnaff>t) 198. Umb/*iU 199 Olha/(apacity gan/< nama) CASKETS 155. S***t gaakacmg. rubbar *,' MISCELLANEOUS PROOUCTS *nc*p*ulai*d bti*r addition, 200 Anst d>tr*ia daras 156 Sh**t gaskating. fubb*r ncapsulatad comprasiad 201. Acoustical products 202. Ammunition wadding 157 Comp**ad *i>aat gaskaimg (other) * * ** * 158 M#ii)f#inlore*dgJtk*t* 159 Automotn* gasAaia * * - 203 Asbaatos rainio/ead p>atK product* 204. Ash tray* 205 8aking h*vt* 160 Oth*r (specify g*n*rienam*) ' 206. SlacktxM/da 207. CaMlrjl-cU MARINE EQUIPMENT ANO SUPPLIES 161. Caulk*. mann# 162. Vn*r. pond or Canal _ ; ,, 206. Chamot tank* and yttw1! 2S9. Fill*/* 210 Grommat* 163. Marine bulkh**da " 211. Gun grip* 164 Other (specify generic name) 2)2. Jawalry rrak-ng aqw^mnt. 213. Kilno PAINTS. COATINGS' SEALANTS. ANO COMPQUNOS 214. Lamp social* 15$. Aiphahte compounds 215. Light bu'bo (U ryp*tl 166. Automotrve/trudtbodr coalings 167 Buffing and poi<*hing compound* 219. Linings (or v*y!<, a^ipa humdih*r*. and filing cabin*t 156. Caulking *nd patching compound# 217. Phonograph roco/ds 189. O'durs llud 170 Flashing compouno* 171. Furnace *m*nt 172 Gluing Compound* 218. Pottvry day 2)9 Warding rod ouaiinga 220 Othar (apaci^y gananc nama) ; 173. RUttar and stucco \ '174 Rump. v*tv. flange. *nd tank '* sailing components 175. Root coatings 178. Tanurad pan 177. Tl* cement - 178 Otn*r (apMify g*nnc nama) SECTION 2- TYPICAL TERMS-FOfl ASBESTOS MIXTURES PAPERS. FELTS. OR RELATED PROOUCTS 0) commancal papa* 02. rpt'board 03 r*il`bo*/d 04 pipalm* wrap 05 6aat*r>add gatktnng paoar 06 h-gh.g/*da tiactrical paoar 07 uniatu/atadrooling tah C8 taturatad roofmg fit C9 flooring fate *.0 corrugated papa/ 11 spacuiry papar (p*c>fy) floor COVERINGS 12. vmyl.aiOaito* hour Ma 13 aibrlo*-UlMnckad vmyl/loonng ASSESTOS-CEWtST PROOUCTS )4 A/C p.p* and fiftmja IS A/C sheat, hat 15 A/Cshaat corrugatad 17 A/C ahrfvgl# Short (on* *hoiy Iona sNyt ton* Short ton* short ton# Short ton* Short ton* Short tons hort tons short lon Short ton* Sduart yards *ou*r* yarn* * *lOrt ton* 100 sqvara Uat IDO Muar* Uat squtras FRICTION MATERIALS 18. drum ferta Iming ji^hhmadfum vahicl*) p*<a 19. ^*c ter*a# pad* (ght.rwd>um wh-cU) , p*c*a - 2G disc br*ka pad* (hwvp a>iu:um*ni) p>*<:a 21. brat* b^odt (haavy *gulpmnt p*e* . 22. dutch lacing* (all) p**ca* 23. futomaK tr*nmui<n* IHctcn comporwnif p-ect* 24. fnctrvt matana'a t-rdutinil and commancalf pUc** ' TEXTILES 25. etoih 26. th/aad. yarn. Up. rpvmg. cord, rep* Or HK* pound* pound* OTHER PROOUCTS _27 ihaat aAatmg (cis*r than baat*radd) 26. packing 29 pa>n any suUc* eottmg* 29- Pdhativa* and saaUnt* 31. t!b#s:c*-r#-nfo'ed oaat'C* 32. nulat>on maiar*ai not aUm**/* da-ti*d (n*c) 31 iwiaJ or ragckaj*d aibastoa fibar D4.e<n*r(n*c) *q<j#r* y*rd* porjnd* gallons gallons pouno* riLUSG CODE 85^0-SO*C ~' . , . CAPCO JEN OOI2085 Federal Register / Voi. 47. N'o. 147 / Friday. July 30, 1982 / Rules and Regulations (b) [Reserved1 763.73 Sunset provision. All requirements of this rule will terminate five years after promulgation or this rule. This provision is not a defense to any enforcement action based on noncompliance which occurred during the effective period of this rule. |FR Boc. Pitml 7-SMU: 8-45 on) BIU.INO COOE 6540-50-M '' ' %&?::: 33225 Ik: .< V.. CAPCO JEN 0012086