Document 3N0QRYoZ00NYoJm3O6N3pkraE

UNION CARBIDE CORPORATION METALS DIVISION P.O.BOX 579 . NIAGARA FALLS, N.Y. 14302 TEL: 716-278-3376 November 16, 1982 On July 30, 1982, the EPA published a final asbestos reporting rule under Section 8 (a) of the Toxic Substances Control Act (TSCA). A copy of the notification letter we received and a copy of the regulations (Federal Register/Vol. 47, No. 147/Friday, July 30, 1982/Rules and Regulations) are enclosed. You may have already received these mailings directly. Also enclosed are an "Assistance Alert" (which the EPA has issued to note frequent errors made by early filers), and a summary of the reporting requirements issued by the Asbestos Information Association/North America (AIA/NA). We are advising you of this new rule in the event you have not submitted your information by the deadline of October 29, 1982. As noted on p. 33207, "(b) Subsection 15 (3) of TSCA makes it unlawful for any person to fall or refuse to submit information required under this rule". Our customer and/or mailing lists will not be made available to the EPA. If you are required to report, you should contact EPA (800-424-9065) for the appropriate forms. This is an Industry Assistance toll-free number and they can answer any questions you may have. The AIA/NA Is a valuable source of information and assistance for users of asbestos or asbestos-containing products. If you would like additional Information about this assosciation, please contact Mr. B. J. PIgg at the address on the enclosed AIA letterhead. Very truly yours, UNION CARBIDE CORPORATION REB:dac Encs. UC 149-2 * UNION CARBIDE INTERNAL CORRESPONDENCE CC: Robin Hsyutin METALS DIVISION To (Name) Messrs. Division G. M. Lincoln Location J. L. Myers T. P. Norris J. B. Rouse W. C. Thurber copy to j. E. Walsh File P.O. BOX 579 - 4625 ROYAL AVE., NIAGARA FALLS, NEW YORK 14302 Date Originating Dept. November 16, 1982 11 Calidria" Asbestos Answering letter date Subject EPA Mailing In the absence of Bob Byrne, the following literature regarding the recent EPA ruling on asbestos reporting has been sent to all of our commercial customers. sal es. Twenty-five copies have been mailed to Jack Walsh for distributor <s^ G. L. Dickson GLD:dac Enclosures ... p A /~ Slurry, Inc. . 0. Box 72 >inuba, CA 93618 !r.. Charles Jones remco Mfg. Company 060 E. 44th Street ernon, CA 90058 r. Don Montagner ighland Stucco Products 650 N. 40th Avenue hoenix, AZ 85019 r. Don Atkinson olonial Rubber Works 50 S. Connell yersburg, TN 38024 r. Sidney Allen sxas Refinery Corp. 10 N. Main Street t. Worth, TX 76106 Barbara Main ichael Walter Industries ilier, IL 62891 *. Gary Bruce 'Otective Treatments, Inc. 0. Box 14116 yton, OH 45403 . Paul Ahlquist anite Rock Company 0. Box 70 ;aside, CA 93955 Tony Warman Tremco Mfg. Company 10701 Shaker Blvd. Cleveland, OH 44104 Mr. Ken Brzozowski Carboline Company P. 0. Box 370 Xenia, OH 45385 Mr. John Henehan Fields Enterprises, Inc. 703 S. Bridges Avenue Kent, WA 98031 Mr. Dick Hancock RCA Rubber Company 1833 East Market Street P. 0. Box 9240 Akron, OH 44305 Mr. Eli Lines Roppe Rubber Company 1610 N. Union Street Fostoria, OH 44830 Mr. Doyle Dillon Celanese Engineering Resins P. 0. Box 1962 Bishop, TX 78343 Ms. Bettie Ficklin AVCO Corporation Specialty Materials Div. 2 Industrial Way Lowell, MA 01851 Mr. Dash Nahabedian Rogers Corporation P. 0. Box 188 Rogers, CT 06263 Mr. Carl Welshman Gulf Oil Company Industrial Asphalt Co. Div. P. 0. Box 2217 Bell Gardens, CA 90201 Mr. Dean Hansen Chemical Sealing Corp. 5401 Banks Avenue Kansas City, MO 64130 Mr. A. J. Paradise World Asphalt Company 10144 Waterman Road Elk Grove, PA 95624 Mr. Norman Pugh J. W. Mortell 550 N. Hobbie Avenue Kankakee, IL 60901 Mr. Bruce Davis Tremco Mfg. Company Artemus Road Barbourville, KY 40906 Mr. William Mishkind Riverain Corporation P. 0. Box 826 Dayton, OH 45401 Mr. Kendall Cobb Kentile Floors, Inc. 58 Second Avenue Brooklyn, NY 11215 Mr. Andrew Kennedy Kamex Energy Corp. 800 Cawthon Louisville, KY 40203 Mr. Churl Wang CUSTOMER MAILING LIST -- MAILED EPA LITERATURE 11/16/82 A * C4/ 4 Friday July 30, 1982 Part VII Environmental Protection Agency Asbestos Reporting Requirements A; * : t * Federal Regjrtar / Ofcl. 47. No. 147 / Friday,? July 80, 1962 / -Rules and Regulations 33199 determine diet labelling of product* would sufficiently reduce the risk. if tbe Agency determine* that regulatory measure* are warranted tinder tbe authority of taction 0 of TSCA, die Agency will uae information from this rule to rapport regulatory impact analyser required under Executive Older 12231. A complete data base will allow the Agency to choose and document better the moat coateffective regulatory approach. The Agency will consider all relevant Information that it can reasonably obtain from the current manufacturer* and procesaort who would be moat affected by regulation*. A. Needfor the Data This reporting ia 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 subcategories. 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 asbestos; obtained information from other Federal agendas; and developed new data and made site visits when possible. Tbe search for information is described in an internal EPA document entitled. Technical Information Summary** (ITS), which is part of the public record for this rale. The T1S summarizes tbe various sources of available information both in published literature and from Federal agencies, and it evaluates the usefulness of tbe Information to the Agency. Additionally, the US describes efforts by EPA contractors to conduct necessary analytes end the problems they have encountered. Briefly, tbe Technical Information 8tunmery" contains the following conclusions about Government and industry documents that are available: While information ia available generally to characterize the industries that make products from bulk asbestos, very little data exist on secondary processors. Farther, all of the information that ia available is Inadequate in several respects. The basic data source of asbestos consumption patisms is from ffie Bureau of Minas. Many of the documents concerning industrial and commercial uses of asbestos dte the Bureau of Mines data. However, the data used by the Bureau of Minas to determine asbestos consumption are from an *""> voluntary survey of only a portion of asbestos processors and. for instance, do not count 40 percent of tbe bulk asbestos we know is imparted. 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 rale and this production will be reported according to well-defined 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 to the extent posaible. 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 tbe asbestos products are mixed in aggregates with data about similar,.non-asbestos products. Tbe underlying data of the aggregate*, which are needed for the Agency analyses, are not available in most cases. For example, tbe Bureau of the Census ia precluded under Title 13, U.S. Code, from disclosing individual reports it receives. Further, the information is too superficial to analyze separately subcategories of products. In some areas, as is the case for most secondary processors, existing information is too sparse to enable the Agency to make any but the most general estimates. Tie lack of detail in available information means that the Agency is not able to analyze the effects that regulatory or voluntary actions on s single product may have on a multi product 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 coven the yean 1975-1976, and it was generated to support and nspond to OSHA's proposal in 1975 to lower the asbestos workplace standard. Present information indicates that significant changes have occurred. For instance, the UJ>. Bureau of Mines reports that apparent consumption in the United States of raw asbestos fiber declined 36 percent in 1980, with a drop in consumption from 056,647 short tons in 1976 to 358,703 abort tons in 1680. Changes have also occurred in the number ofemployees 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 * 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 (NESHAP) file, inspection data from both the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA), reports from CPSC'a General Order (see the following paragraphs), and importer data from the U.S. Customs Service. The Agency has acquired and evaluated information from these agencies, and concluded that these data do not adequately substitute for the information to be gathered by 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 1672. OSHA records contain a great deal of anecdotal information but for the following masons, 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 for all of industry. Moreover, approximately 00 percent of OSHA's inspections are in response to eomplaints, and cannot be extrapolated to make industry-wide estimates. Federal Register / Vol. 47, No. 147 / Friday. July 30. 1982 / Rules and Regulations 33201 Erindpal economic measures that will e determined from date obtained through this rale are the value of productioa the importance of the asbestos activity to the 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 market, to the nation, end 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 subcategoriee of end products. With this detailed information, the Agency will be 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 rale, already have collected information necessary to describe fully the expected effects of the possible alternatives and to perform the analyses required by E.O.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 investigatioa Timely action will benefit the Agency, industry, and the public by providing a meant 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 support 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 of asbestos-containing wastes. OSW expects to use data from this rule that quantify the kinds of waste presently generated by manufacturers and describe how and where those companies currently dispcse of their wastes. Information that characterizes the kinds of asbestos-containing waste and current waste disposal 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. m. What to Report EPA has developed two forms which are to be completed by respondents. The composite form, EPA Form 77^0-36, "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 arid disposal pollution control equipment and estimated quantities of asbestos emissions. Production and importation from 19791961 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 clearly 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 asbestoscontaining 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 7719-37, "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 1981, 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 aabestos-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 wbo 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 Federal Register / Vol. 47, No. 147 / Friday. July 30. 1982 / Rules and Regulations 33203 "true** pre-formed brake linings during assembly with brake foundations to get a better fit In this case, reports from manufacturers of the pro-formed brake linings will sufficiently quantify production of the friction material product subcategories. Exposure scenarios for the excluded industries can be quantified by relating expected exposure levels with the quantities of products that are made. Therefore, reports from these excluded industries are not essential. This rule also exempts persons who repair articles, repackage asbestos mixtures without modification, or who engage In construction work. The Agency proposes to exempt these persons from reporting primarily because so many persons are in these categories, the workforce is constantly 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 die 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 bave the option to report all of their company imports or exports on a single form. The form instructions explain further how this is to be done. Miners, millers, primary processors, and importers of bulk asbestos must submit all appropriate portions of the Primary Form within 90 days after the effective date of the final rule. If the respondent's activities include "secondary processing" or importing of asbestos mixtures or articles containing asbestos components, all such activities, including those at other plant sites, must be reported at the same time the person reports as a miner, primary processor, or importer of bulk asbestos. EPA will require reporting in e different way for persons who are solely secondary processors or importers of asbestos mixtures. Apparently there are many thousands of persons who are secondary processors or importers of asbestos-containing mixtures. EPA has devised a scheme to reduce the reporting burden for these companies. Persons who are solely secondary processors or importers of asbestos mixtures or articles containing asbestos components will report to EPA in phases. First they will submit the Secondary Form within 60 days after 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 msde with asbestos, the number of companies making the products that contain asbestos and tbe 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 all 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 this analysis, and to reduce the reporting burden, the Agency has 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, "Reporting Burden", EPA estimates that Phase 2 reporting will be required from approximately 1500 of the Phase 1 respondents. The objective is to sample only the number necessary to meet the goal of attaining a reliable sample. EPA plans to use a stratified random sampling method as the basis for the sample survey. That is, tbe respondents to tbe Secondary Form will be divided into non-overlapping and reasonably homogeneous strata and then sampled by stratum. The strata will be defined by all or an appropriate subset of the following variables: reported asbestos starting material reported asbestos end product and the volume of asbestos starting material annually consumed. Additionally, the population may be further stratified according to size (the amount of asbestos mixture processed or imported) and geographic location, which will ensure that any sample fully represents the whole population. The type of asbestos-starting material and the asbestos end product would permit EPA to analyze a representative portion of each product category application. Consideration of the amount of the asbestos-starting material that is consumed will better ensure representation of both larger and smaller processors of asbestos materials. Tbe Agency can make the final decision on which variable(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.1 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. The Secondary Form respondents selected for more detailed reporting will be notified by certified letter. These persons will have 90 days to complete relevant portions of the Primary Form. Some persons subject to reporting under this rule may be exempted from reporting certain information already 'Kith. Leslie. Survey Sampling. New York: John Wiley. 1985- A 'J ir r\ 0 Federal Register / Vol. 47, No. 147 / Friday. July 30, 1982 / Rules end Regulations 33205 goods that contain asbestos and. therefore, would not hilly comply with the rule. This rule provide* that importer* need report information relating only to the type*, 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 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 a 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, die pre-test results helped EPA arrive at an impact estimate. A detailed description of the reporting burden estimates can be found in a report by Arthur Young & Company, "Economic Impact Analysis foT 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 this notice. In unit XU 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, hi this section costs are calculated for 5,385 secondary processors, while we estimate there may be a total of 8,074 secondary processors if small businesses are counted. (These estimates are derived from a formula used in 1076 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, die Agency does not calculate the cost reduction from excluding small importer* because the composition of that segment is not well-defined, although it does expect that this group will contain some small businesses. Therefore, die 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 $230,000. 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 hour* to complete each form, at 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 $600,000. 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 Si.100,000. 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 minimal (around Oil 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 10-10 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. Refer to two 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 k Company, Washington, DC October, I860. X Sunset Provirion The genera] 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 S 783.71(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. XL Public Record EPA has established a public record for this rulemaking as defined in section 10(a)(3) of TSCA (docket number OPT584004). The public record, along with a complete index, is available for inspection in the OPTS reading room, 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 tire record with additional Information as it is received. This record includes the following: 1. The proposed rule, published in the Federal Register of January 26,1081, (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.  fWwl Register j Vol. 47. No. 147 / Friday, foly 30. 1962 / Roles and Regulations 33207 niK Wbo nrt report. 783.71 fichwtnl* for reporting. 783.74 Confidential buaineaa information. 783.76 Reporting commercial and lnduitrial aaa of asbestos. 783.77 Reporting secondary proceaatng and asportation of aabeatoa mixture*. 783.78 Sunael provision. Authority. Sec. 8(a) Toxic Substances Control Act [TSCA). Pub. L M-UB, 80 SUL 20X8, (IS UA.C. 8007(c)). Subpart D--Reporting Commercial and Industrial Uaaa of Aabaatea 1783.60 Scope and compBanc*. (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 Tiber must report quantity, use, and exposure information. Importers of mixtures and articles containing asbestos and processor* 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 elected as respondents in a sample eurvey. (b) Subsection 15(3) of TSCA makes it unlawful for any person to faO or refuse to submit information required under this rule. Section 16 provides that a violation of section 15 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 States have funsdiction to restrain any violation of section 15. (783*3 DeflnMons. 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 ectinolite. (b) "Asbestos mixture" means a mixture which contains bulk asbestos or another asbestos mixture as an intentional component. An asbestos mixture may be either amorphous or a sheet, cloth fabric, or other structure. This term does not include mixtures which contain asbestos as a contaminant or impurity. (c) The term "bulk asbestos" means any quantity of asbestos fiber of any type or grade, or combination of types or grades, that is mined or milled with the purpose of obtaining asbestos. This term does not include asbestos that is produced or processed at a contaminant or an Imparity. (d) "EPA" meant 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 US. and includes the person liable for the payment of any duties on the merchandise, or an authorized agent on his behalf. Importer also includes, as appropriate: (1) The consignee. (2) The importer of record. (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 US. consists of the 50 states, Puerto Rico, and the District of Columbia. (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 (gj "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, 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 coproducts that are separated from that other substance or mixture, and impurities that remain in that substance or mixture. Byproducts and impurities may not in themselves have commercial value. They are nonetheless produced for the purpose of obtaining a commercial advantage since they are part of the manufacture of a chemical product for a commercial purpose. (h) "Miner of asbestos" is a person who produces asbestos by mining or extracting asbestos-containing ore so that it may be further milled to produce bulk asbestos for distribution in commerce, and includes persons who conduct milling operations to produce bulk asbestos by processing asbestoscontaining ore. Milling involves the separation of the fibers from the ore, Sading and sorting the fibers, or rerizing 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 peraon 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. (1) "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 1981. 1783.65 Who must report (a) Persons who were miners or primary processors of asbestos, or importers of bulk asbestos in 1981 must complete and submit a separate EPA Form 7710-36. Reporting Commercial and Industrial Use of Asbestos (see f 783.76), for each site and for each company activity not elsewhere reported according to the schedule in f 783.71. 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 1981 must complete and submit Parts 1 and 11 of EPA Form 7710-37, Reporting Secondary FadaraJ Ragiater / Vol. 47. No. 147 / Friday. July 30,1982 / Rules and Regulations * m xao**n t HSrOKTINQ COMMKDCIAl AMD tttOUSTBIAl MIS OS AOMSTOS earn** nNpAfcHtIaOnMvMV k,e.c.aauM4.i4M. MMNMMMlrMMftpmWI. NMnWMMnilHMI. taWAta ( m IF* tarn 7?10>3?. M "Iwwt Nmh mm Nmw N AMMM Hm` w--< N w--b m 9m >w-- *mm g* to-- *0 CW TAJ. pn 0). AWt. MMDiniW MUM riMC I TiW .rr_ SA.SaitOPO imM twm. V* taw 7710>M. m*t E *****'*'**- Tftf" ACS). MtPOMMMT ACTmTV A. (**** im ctmv tam 9m aitai^n m m tacwcteon taatai a*A w Mpawng an Pw tom. fw *mm Mita pMpy VUMI lKk*tataNtM A. Ml). t. * L J. M>. If m A. C. C. H. i J. * IMS). I A.M2)IM9l.tfta MtaA. 0.0.H.L J. tapana* ml anrtaiu opwmwgmbm*m A mm I - pmiAaMI ACM. etfmtlCATIM pm claims op comoiwtuutv Yaw may Wnwwi tom* potaa* m m mm ml meh mm m a i an a tarn. T* a t*ataM 1AH FMaAlWMMMvPai* |.t* tmnijutMiarpWFtaiin a m* Mtai ii"in * A- T*a *wwpn m mm pAtav AwotatawiiAaiAMi m%U FAQOUCnOW Of mu asoccios QUANTITY Of A* AMSTOt MUD 0* MUA0 WtaPfcA 33209 imir.fitatM *MiiwMPiwkataiOMu# mm. impootatiom op sum amictoa 0UANTTTY OP MAR AMCSTOC MPOKTID MM1 lUOana ? Q Tfcanaa M). USOOTATKM OP MU AMCTOS QUANTITY OP But* AMtSKtt MUHTliii# IH. AMtJXJanr D A ; C40 1 Federal Register f Vol. 47. No. 147 / Friday. July 30,1982 / Rules and Regulations 33211 OCFOftT OF COMMERCIAL AMO wouctiual uses OF ASSUTOe r.wMfTATiManeiieoRTMMN muhm< lNMrtd . cMnomi Cmmsmi OM* (Sf HI TOTAL nnm*tr*tm0oll ompio nw m ptrnn mm 09 Mmntioi of oodueton at 2. 3,4. on* $). g> ftoiOoi ol ornplo i -- m N^wbor Of WMWIOMOTM f of Q--oeiweineneiBIsQnwieO*Morffa Tim M. lUMMOV OF CMIIHT WOOftlfl UPOOUOtS t corspo>> of pKOuctwFi Morten, Ota awwenom *oon of w 0-*eu me mo^hsJ > props fTWAi an* ee**p oowaorwonow eT^AonO | %K*>0 OK I k set emt| Mrr*np. aMseo s** i G Mo* ms to* if w use *e mosm CMC* OOOSMt Out Ho 70-1271. OOora * f*e ousts sr*J anehree meaawremenu flUtmor OioMwoe'M'aetaMoMvsrefOio* eiascu to nor > Mo Mrtaa'H " Mr MO 0OOWO * oaa MO.) L aHAIUOMM AltUTM IMlMlOW 00 OMR UUAtt 'Oats D Tea, OrtcM--0 H sopors" MO Mi man 4 17 031 A` 4.  4>wCtOi vci *ui. */. ro. 147 / ynaay, |uly 30, 1982 / Rules and Regulations 33213 InstrucBoe Booklet Reporting Commends! nd Industrial Uaas of Asbestos. EPA Ford 77i-m I. Introduction andReporting Schedule A. introduction Those instructions are for companies that mine and/or mill commercial asbestos, or process or import an asbestos product, and are required to submit H*A Form 7710-36 under 40 CFR Part 763, Subpart 0. Data must be reported to the extent that they are 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 for missing information. 1. Fill in all block*. Fill in all blocks in the portions of the form that must be completed. Write "N/A" (not applicable) in large, bold letters on the first line of any section that does not have to be completed. If data for a portion of the form that must be completed are not available, consult part D 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. Z. Relevant Definition*. Reporting requirements are determined by the company's asbestos activity in 1961 (i.eminer 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). Definitions for reporting activities and other terms used in this form may be found in Appendix A 3. Appropriate Number 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 a 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. Miner* and/or Millers. Miners and/or millers must complete parts A B(l). C, H. L J, and K of the form. Complete B{3) if applicable. Report for each plant site on a aeparate EPA Form 7710-36 and submit within BO days of the effective date of the rule. Z Primary Processors ofAsbestos. Primary processors must complete parts ACC.H.I, j. and K of the form. Complete B(3) if applicable. If a facility processes an asbestos mixture that is made at a different plant site, CORP--The requested data have been part D must also be completed. Report for submitted for sections B{2] and B[3] each plant site on a separate EPA Form 771036 within 90 days of the effective date of the rule. 3. Secondary Processors ofAsbestos. . Persons who are solely secondary processors must submit EPA Form 7710-37, "Reporting Secondary Processing and Importation of Asbestos Mixtures" within 60 $eys jf the effective date of the rule. If the company is selected and notified by certified letter to complete EPA Form 7710-36. complete parts (importation and exportation), in a corporate consolidated report. Inform the plant site management that a corporate consolidated report has been submitted and instruct those plant site(s) to enter "CORP" in sections B(2) and B(3). EPA--The requested data have already been submitted to EPA in the format of the reporting form as proposed or promulgated. AD. C.H.I], and K of the form for submission within 90 days of receiving notification. III. Specific Instructions for Form 3710-36 A(l). Respondent Identification 4. Importers ofSulk Asbestos. Importers of Bulk Asbestos must complete at least parts A and B(2) of the form. Complete B{3) if applicable. Report all activities that involve asbestos on EPA Form 7710-3$ within 90 days of the effective data of the rule. 5. Importers ofAsbestos Mixtures.' Importers of Asbestos Mixtures must submit EPA Form 7710-37 "Reporting Secondary Processing and Importation of Asbestos 1. Enter company name, and name and ` complete address of plant site. 2 Enter name. |ob title, and telephone number of the principal technical contact person to be contacted by the EPA for answers to any questions about the submitted form. 3. Miners must record the mine identification number assigned by the Mining Mixtures." within 60 days of the effective Safety and Health Administration. date of the rule. If the company is selected 4. Enter name and address of the parenl and notified by certified letter to complete corporation responsible for fiscal EPA Form 7710-36, complete parts A and E of management of the reporting site. the form and submit within 90 days of receiving notification. 6. Importers ofArticlefs) Containing Asbestos Component(s). Importers of Artide(s) Containing Asbestos Component(s) 5. Enter the total number of years asbestos "has been manufactured or processed at this plant site, through the date of this report. . A(2). Respondent Activity must submit EPA Form 7710-37 "Reporting Review the definitions in Appendix A of Secondary Processing and Importation of Asbestos Mixtures." within 60 days of the effective date of the rule. If the company is aelected 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. these instructions to ascertain required reporting activity(ies). Check the appropriate activity(ies) 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 O. Missing information processes the asbestos mixture at the same It is Important to fill in all blocks in the portions of the form that must be completed. site to make a different end product should report the production of the final end product If the required information either cannot or in part C. Only complete part D of the form if need not be provided, enter one of the the facility processes an asbestos mixture notations described below. Write "N/A" (not that is made elsewhere. 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. A(3). Confidential Business Information Any reported information may be claimed Enter the following notations if the as confidential business information. When requested data are unknown, previously submitting the form, mark (X) in the space submitted to EPA or CPSC. or submitted as a provided oh each line of the form that corporate report contains confidential information. UNK--The requested data are unknown Additionally, an authorized company official and not reasonably ascertainable: or. not must sign the "Certification for Claims of in the possession of the importer. This Confidentiality" to certify that the four may be the case for information from a statements on the form apply to all specific year or about a specific type of information claimed as confidential. data that is required. CPSC--The requested data have been previously reported to the Consumer B(l). Production of Bulk Asbestos Enter, in short tons, the amount of bulk Product Safety Commission (CPSC) in asbestos produced (mined or milled), in 1979. response to the December 22. I960 I960, and 1961. Federal Register notice "Consumer Product Containing Asbestos; General . Order for Submission of information," (45 FR 64364). Use this notation only for the specific items of information that B{2). Importation of Bulk Asbestos Enter, in short tons, the amount of bulk asbestos imported in 1979. I960, and 1981. Report all imports entering the U.S. Customs were submitted to CPSC Do not use this territory that are declared under Tariff notation in lieu of reporting of CPSC was Schedule of the United States. Annotated instructed not to share the submitted (TSUSA) Number 518.1110-518.1160. Mark in information with EPA at the time of the appropriate box the source of this response to the CPSC General Order. information. A ; C 4 vi 3 Federal Register / Vol. 47. No. 147 / Friday. July 30. 1982 / Rules and Regulations 33215 1B80. and 1981. Quantitie* will be reported In the unit of measure that wa* used to declare the merchandise upon entry into the U.S. or by the U.S. Bureau of Census for the 1977 Census of Manufacturers. Enter the value of the imported merchandise in U.S. dollars. (3) Asbestos Component(s). List all asbestos components contained in the imported 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 1. Do noi list the same article twice. C. Employees Classify all employees as of January 1981 into the following categories. In items 2-5. COUNT EACH EMPLOYEE IN ONLY ONE CATEGORY. In this section, report numbers of individuals without regard to the number of hours worked. (1) Total Number ofEmployees. Enter the total number of employees (the sum of items 2. 3. 4. and 5) who worked at the reporting plant site as of January 1981. If you employed seasonal workers in 1981. add the number of those workers to the total. (2) Number ofProduction Employees. Enter the number of production employees who work in areas where ASBESTOS IS 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 of Other Employees. Enter the number of other employees at the location that are not counted in items 2-4. H. Summary of Current Worker Exposures 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: Additional Monitoring Is Not Required Submit a single TWA value (arithmetic mean) to summarize existing monitoring data that will describe current exposure levels that employees in general production categories may experience while working on each production line. Summarize and report monitoring data separately for workers on the production line for each end product subcategory that has been reported as either "Primary Processor Production" (part C) or "Secondary Processor Production" (part D). Miners and millers, must provide a single. separate TWA value for the mine and for the mill. For each End Product Subcategory, enter the number of worker* who perform the production operations listed below. Only count employees who were counted a* production workers in item 2 of part G of the form. Each employee is to be counted only 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. Note.--The sum of all production employees listed in column 4 must equal the number of production employees entered in item 2 of part G. (1) End Product Primary or secondary processors must enter the same code number(s) and generic name(s) they listed in part C or D of the form. Miners and/or miller* do not complete this block. (2) Respondent Activity. Determine applicable category of activity. (3) Production Work Category. Divide production employees into the Production Work Categories for each end product subcategory. Count mine workers under Mine Operations and mill workers under Mill Operations. Fiber Introduction Operations ere 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. Dry Mechanical Operations are operations where asbestos fiber, asbestos mixtures, or asbestos-containing materials are fabricated modified, or altered without any intentional wetting of the material during the operation. This category includes activities such as: machining, sewing, 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 in dry operations here, whether involved in spinning, twisting, orweaving operations. Other Production Employees are production employees involved in operations that require handling of asbestos fiber or materials in a manner not covered in the operations described in the other categories. This category will include workers who perform an operation that Involves handling an asbestos mixture, such as bonding aabestos-felt-backing for vinyl sheet flooring or injecting asbestos-reinforced plastic into a mold. Other production workers who are to be counted in this category include (but are not limited to) employees who take products off a production line, assemble parts, oversee drying or rolling operations, or inspect, weigh, or package asbestos mixtures or asbestos-containing products. (4) Number ofEmployees. Enter next to the appropriate Job classification the number of employees working in Jobs meeting tUe general description* provided. Count employees only one time and only under the Job description that best describes their primary duties. (5) Arithmetic Mean ofDetectable Measurements. Locate monitoring data for any employees counted in column 4 and group those monitoring data according to the employee's general Job classification. Determine the arithmetic mean of those detectable TWA values for each work category. Calculate the mean only to the nearest one-hundredth (e.g.. 0.05). The arithmetic mean is the sum of the timeweighted averages divided by the number of time-weighted averages. (See Appendix B for instructions and worksheet for determining the arithmetic mean.) If there are no measurements for workers in a particular work category, write in "No measurements." (8) Standard Deviation. Enter the standard 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 nondetectable measurements. (8) Number ofNon-detectable Measurements. For each work category, enter the number of measurements that are below detectable levels. (Non-detectable levels may not be greater than 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 and Analyses Methods. If the company used the NIOSH methodology to sample airborne concentrations of asbestos fibers in the workplace and to analyze measurements JDHEW (NIOSH) Pub. No. 79127], 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 describe in an attachment any additional information that will better describe work practices or other measures instituted to reduce the levels of airborne fibers or to protect worklrs from exposure to asbestos. Attach any additional materials to this form at the time of submission. (11) Enter the lowest detectable level of the measurements the company expects to attain by the sampling and analysis methods. (Measurements below this level are considered "non-detectable" for the purposes of this rule.) A < P s/,- /4 Federal Register / Vol. 47, No. 147 / Friday. July 30,1882 / Rules and Regulations ' fb) location ofDisposal Facility--far each and product subcategory (or form of watte], mark (X) whether wettet are ditpoted of at ''this plant tite (on-tite) or at another tile (offtile). (c) Ownership ofDisposal Facility--For each end product aubcategory (or form of waate). mark (X) whether thia disposal facility la owned by reporting company (company), another private company (private), or a municipality (municipal). (d) Permitted Hazardous Waste Facility-- For each product aubcategory (or form of waate). mark (X) whether the disposal facility ia permitted under any applicable State or Federal hazardous waate regulation. (6) Method ofDisposal. Briefly deecribe the epecific methods uaed to diapoae of aabeetoa waate. For example, if you wet the waate and plane it in a bag or drum prior to diapoaal. that ahould be noted here. (7) Additional Information. Submit any additional information to deecribe any atepa taken during waale diapoaal to reduce the releaae of airborne aabeatoa fibers. If enclosing a separate description, check "Yea" on the form; if not. check "No" in the apace provided. K. Pollution Control Equipment In this section, provide information on all air pollution equipment located at the plant aite to control or remove airborne asbestos fiber. List each piece of equipment on a separate line on the form, even though identical units may be uaed at the plant aite. Use the codea 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 aubmitted portions of the required data to EPA previously and the data are still current, enter "EPA" in place of those data, and reference the address where the data were sent and the date they were sent. (1) Hem Number. Number each piece of equipment consecutively (one through the total number of pieces of equipment). (2) Type ofEquipment. For each item number, enter the appropriate abbreviation from the following list. Baghouse (BH) --Reverse Air (RA) --Pulse Jet (PJ) --Shake(S) --Other (O) . For example, if the baghouse used is equipped for both reverse air and shake cleaning, enter (BH) (RA) (S). Scrubber (S) --Venturi (V) --Impingement (1) --Spray (SP) --Other (O) If the scrubber used is the venturi type, also enter the pressure drop in inches of water In parentheses For example, if the range of pressure drop, is 40-60 inches, enter (S) (V) (40-60). / Electrostatic Precipitator (ESP) Cyclone (C) Multiple Cyclone (MC) Other (O) (3) Gas Stream Volume and Temperature. For each piece of equipment enter the gas volume (in cubic feel per minute) and the operating temperature (in 'F). Use actual data for these entries, although estimates or design figures may be uaed if actual data are unavailable. Ranges (ex: 6.000-10.000 ACFM at (40-160 *F}) are also acceptable. (4) Equipment Size. If electrostatic precipitators and/or baghouses are uaed, 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 thia value, 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 numtrer of operating hours either actual or estimated for each piece of equipment during 1981. (7) Quantity-Collected Annually. Estimate the quantity of material in pounds that is (or would be. given the design of the equipment) collected annually by each piece of equipmenHn 1961. Include all asbestos and non-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. (8) 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 or Chimney. Indicate whether the air pollution control device discharges to a stack 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 exhaust 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 and 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 as 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. The 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 fibrous, sfticale minerals, which easily separate into long. thin, flexible fibers when crushed or processed. Included in the definition are the asbestiform varieties of: chrysolite (serpentine): crocidolite (riebeckite): amosite (cummingtonitegrunerite): anthophyllite; tremolile; and actinolite. A > \J . 0 33217 Federal Register / Vol. 47. No. 147 / Friday. July 30, 1982 / Rules and Regulations III. The "mean" la the eurn of the TWA value* in column A divided by the number of valuee (N). In thi* example: Sum of TWA Values . IDO 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: (V)-- --!-- x [Sum of Column B-- N--1 _1 " 6-1 (Sum of Column A)*] [6.12-(60x6.0)) N 5 -*[M2-7.2J . "4 33219 V. Finally, the standard deviation (SD) is the square root of the variance. In this example: SD='1 SD = 0.48 The arithmetic mean is entered in column 5 on the form, and the standard deviation is entered in column 6 on the form. A ' w1 Federal Register / Vol. 47, No. 147 f Friday. July 30,1982 / Rules and Regulations 1793.77 Reporting secondary processing and Importation of asbestos nurtures. The following EPA Form 7710-37, Reporting Secondary Processing and Importation of Asbestos Mixtures, will be completed and submitted to EPA as required in S S 763.65 and 763.71. Information must be reported on this form to the extent that it is in the possession of the respondent. Importers must report imported products only if the imported product is listed on this form. (a) EPA Form 7710-37 (8-80) . 33221 A , t-- . 1 u S- 7 Federal Register / Vol. 47, No. 147 / Friday. July 30,1982 / Rules and Regulations RESORT1NO SECONDARY PROCESSING AND IMPORTATION OP ASBESTOS MIXTURES The form is to be completed by persons who. in 1980. wore secondary processors of asbestos or importers of asbestos manure* or articles that contain asbestos components. See "Reporting Commercial and Industrial uses of Asbestos". 40 CFR Part 763. Subpart 0. for a lull description of the reporting requirement and taperting schedule. V additional apace is needed, you should use additionsi copies of this form. tsMo awtr confute tea form mass 1. Saaandmy praeaaaara tt mbomm tmtm aempieie San I an* w me torm lacs slam seat a aacotARv moetssoa ino snooucTS End S a AiIiaw l a nan biSammn 1 mem naans* em email1- * you Fraeaaa Sue aabamaa Mar a maba any al yow produca m Hie alam ana. ern you ara a SNIMANY SROCESSON an* mu ahouW mean *ua alam ana an ESA Farm 7710-M 1. hnpenan al aafcaataa mtatwma) ar amcMtU aantamn* aabanua unsown mum mean bus aahaataa sear, than yew anauU mean an anportaton acumna an ESA Farm 7710-M S Thaaa n#ia ar* Sam aacancan eraeaaaam OCSINmOMS 1. AaBaataa Mraium - maans a nuwi aM entan pwa amastos n awetnar mtaiwe. aaemam anaa rm eanp* a mu mwa -n- e Aabamaa bbsauryfr/--For aach and product lacaw m Sacuon 1 ma nama el the aabeetae nuarwa dim mam pacihcaltr daacreaa ma aabaatea metwro mm yaw moorpores nna the wumbe tar ma aaboaaa modura and orrna ai ma panaric nama. II yew amaroarma mera man ana aaPaawa rmciwa mao a ame*a and product 1 babamai Campenam maana any aabi mratwe. mciumn* any Imahae product maarpetead ms an anacia tacton eaampiai al aabaatoa cempenaniy ara aaeaaroa MOW m a itao-mvar. aabaaioaimlaiad piaatn eabmm *1 a ntantwn. aabamaa mam* me pan *1 a panreular lyp* al sarmant S Eaeandary Sreaaaaar a< Aabamaa--maana a pmaui one mocaMai an aabamaa maeura S Imaane m Aabamaa Miaiuraa ar Ammaa Camenmp Aaaaaiaa Compsnamui maana a SORT I COMPANY INFORMATION Ernar ms nama. aSOm and pnena numbat al yaw namaani Emm ma nama al m# aaamplA d you mearoerma aabamaa mibbeard M Nadbcr dabaaraa Mrarwa ltd meeter 00 mrnboard Omaarny ar Aabamaa blrsrwa Conauma* Obpaana each aabamoa manum mm e Hut arnar ma awanaay al aam monura mm yew da nm parmn you la am ma puantmaa aaeaama mmuro and antm T" pm total) nme (amaltpwa seirr w Nasoatiaa of asbestos NUXTUNEIS) ON ANTICLXltl CONTAININa AN ASBESTOS COMSONENT btbamaa StiMwa ar Anne -Far each lypa al anpanad produeL Itedm m prmar Sdeien t ar laonan 2 ma nama mm mam apacdually Saameaa ma aroduei you anpart Emm ma anesnaaqa or na oantam as raaiaind is Swam'ana oaaad ay ESA * you ara raporon* aa an awpanm. dud ma appropnaa baa to Ouamni ar Asiattar Atiaturafkl ar Attidmu anpanad--For aach product hotod. raaard ma mul annum aupmny anpanad m 1ES0 laacdy Pia auarray mainrd iq lama unNol maaauro band at Eaction 2. * a--ihla ar anmrdwg to maunaa<modawaaa meana aamaut odarocu by momm* ma nama o< ma iea aampoMm appaaaa ma name m tha . If tha raporta* aroduei e an aapaaiaa a bawd m E action 2. man you anaid* nm 33223 * .. |b) |Reserved] 1763.71 Sunset provision. All requirements of this rule will terminate five years after promulgation of 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 Doc S2-2MM Filed 7-Ml *u tin) i *i / i nun). |ui> ju. iod / nuies ana negutauons dd:do (r O' 3 OXT> &Z. o UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON. D.C. 20460 OFFICE OF PESTICIDES AND TOXIC SUBSTANCES Dear Miner, Miller, Importer or Processor of Asbestos: On July 30, 1982, the Environmental Protection Agency (EPA) published a rule in the FEDERAL REGISTER (47 FR 33198-33225) requiring asbestos miners, millers, importers, and processors to report certain information on their industrial and commercial asbestos activities. EPA understands that you are engaged in some industrial or commercial activity involving asbestos. If that is not the case and you are not required to report under this rule, please notify EPA at the address below. A description of who should report and what to report is found on page 33201 of the July 30, 1982 FEDERAL REGISTER; exemptions from reporting are described on page 33202. Note all companies with 10 or fewer employees are exempt from reporting under this rule. that The rule requires that miners, millers, importers of bulk asbestos, or primary processors (processors of bulk or raw asbestos fiber) report all required information on EPA Form 771036 (4-page form) by November 29. Importers of asbestoscontaining materials and articles and secondary processors (processors of asbestos-containing materials) are to report to EPA on Form 7710-37 (one-page form) by October 29. EPA will require a small number of importers and secondary processors of asbestos to file the more comprehensive form 7710-36 at a later date. To assist respondents in complying with the rule, we are enclosing a copy_of the rule a i nng ui t-h--the appropri afro--forme and ^ an ^instruction bookreT'for EPA Form 7710-36 entitled "Reporting Commercial and Industrial Uses of Asbestos." (Please note that on FEDERAL REGISTER page 33223 of the rule, the date "1980" on the instructions for EPA Form 7710-37 is incorrect; it should be "1981." A correction notice will be published shortly in the FEDERAL REGISTER.) For further information or assistance, please contact the Industry Assistance Office (TS-799), Office of Toxic Substances, Environmental Protection Agency, Room E-511, 401 M Street, S.W, Washington, D.C. 20460. Phone toll free 800-424-9065. In Washington, D.C, call (202) 544-1404. Outside the Continental U.S., call operator 202-554-1404. Sincerely yours . /1 V' l UOA'iA - N. y. Douglas G. Bannerman Actina Director ASSISTANCE ALERT ! ASBESTOS ! REPORTING COMMERCIAL AND INDUSTRIAL USES OF ASBESTOS UNDER THE TOXIC SUBSTANCES CONTROL ACT DURING THE MONTH OF OCTOBER the Industry Assistance Office's toll-free telephone service will offer SAME DAY "WALK THROUGH" ASSISTANCE to help you complete the TSCA Asbestos reporting form. This special "walk through" service will be available on TUESDAY AND THURSDAY in the AFTERNOON. It will operate in addition to our regular, continuing question-answering service. You may call anytime to ask for this special assistance - you will be called back during Tuesday and Thursday afternoons. Or you may call direct on those afternoons. Anyone we don't get to on one day will be called back on the next day. Reporting on the "short form" by secondary processors and importers of Asbestos mixtures and products is DUE OCTOBER 29th! Reporting on the "long form" by primary processors (who make Asbestos mixtures or repackage raw fiber), miners, millers and importers of bulk Asbestos is DUE NOVEMBER 29th! The Industry Assistance TOLL-FREE TELEPHONE number is 800-424-9065. In Washington, call 554-1404. September 14, 1982 A I' *J m ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington. Virginia 22202 (703) 979-1150 August 17, 1982 Memorandum For: MEMBERS Subject: Asbestos Reporting Requirements INTRODUCTION The Environmental Protection Agency's(EPA) long-expected asbestos re- \ porting rule was published in the Federal Register on July 30, 1982. It was originally proposed on January 26, 1981; AIA/NA filed comments on the proposal and participated in a pre-test of the data collection form. This is a final rule and the regulation becomes effective August 30, 1982. The rule was issued under the authority of section 6(a) of the Toxic Substances Control Act(TSCA) and has wide applica bility to the asbestos industry. A copy of the July 30 Federal Register notice, instructions for com pletion of reporting form, ond two oopiea--of the--forma--aye eneieaedi In addition,-EPA will be mailing, within the next few days, the fore going materials to the U.S. asbestos industry using a master mailing list that has been developed by the Agency. EPA expects to forward essential information both to corporate headquarters of companies concerned and to individual plant sites. It is suggested that members verify with their plants that the latter mailing does, in fact, occur. It will be recalled that, in expectation of this reporting requirement, the Association engaged the services of Arthur D. Little, Inc. (Opinion Research Corporation) in the fall of 1980 to perform information col lection from members using a draft form that was provided by EPA. Although this project was conducted on a voluntary basis, a significant number of AIA/NA members participated. The project was coordinated, because of confidentiality considerations, by the Association's Special Counsel for Regulatory Affairs, the law firm of Kirkland & Ellis. The information already Collected by participating members should be very helpful in complying with the reporting requirements of the July 30 final rule. Members wishing to verify whether or not they partici pated may contact the undersigned; if members wish to obtain copies of the information they submitted to Opinion Research Corporation, ar rangements can be made through Tim Hardy, Kirkland & Ellis/(202) 857-5042. As to schedule for submission of the reporting forms, the primary as bestos industry members must file by November 30, 1982 euid the secon dary asbestos industry members by October 30, 1982. A I U d Members are urged to contact EPA's Industry Assistance Office, tollfree at (800)424-9065 or in Washington, D.C. at (202)554-1^04, should they have technical questions regarding completion of the forms. The com pleted forms are to be mailed to the following address: Page 3 asbestos products who do not further distribute such items in commerce. 2. No information about substitutes is sought. 3. Companies must report the activities of each plant site on an individual reporting form with one ex ception. The exception is that respondents have the option to report all of their company imports or ex ports of bulk asbestos on a single form(7710-36). 4. The final rule does not include the proposed require ment to keep lists of customers and to submit the lists at EPA's request. 5. The period for requested information has been reduced in all cases to three years; the proposal was five years for production data and 10 years for importa tion or production of bulk asbestos. 6. It will be noted that the EPA form(7710-37) to be completed by seconardy processors and the instruc tions for completion of the form(pages 33222 and 33223 of the July 30 Federal Register notice re spectively) are at variance as to the year that in formation reported is to include. The form states 1981 and the instructions 1980. The correct date is 1981 and a change to the rule will be issued at a later date in the Federal Register. CONCLUSION Obviously, this memorandum does not cover all the details included in the final asbestos reporting rule. Members will have to give close attention to the regulation and especially the reporting instructions when completing the appropriate EPA form. Members are urged to retain a copy of the form and any subsequent information that may be submitted to EPA in response to this rule. This would, among other things, ensure that the information could be made available to the Association if such is needed in connection with any future rulemaking proceeding. Please let this office know if the Association can be of assistance in any way. Executive Director Enclosures cc: T. S. Hardy, Esq., K&E