Document KR9q3KX1v5bM4EJLnLajOBLD2

Monday January 26, 1981 Part III Environmental Protection Agency Asbestos; Reporting and Recordkeeping Requirements CAPCO JEN 0004726 .8200 Federal Register / Vol. 48, No. 16 / Monday, January 26,1981 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 763 . ITSH-FRC 1708; OPTS 84004] Asbestos; Reporting and Recordkeeping Requirements AGENCY; Environmental Protection Agency (EPA). ACTION: Proposed Rule. summary; This rule, proposed under the authority of section 8(a) of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2607(a), would require reporting to EPA by asbestos manufacturers, importers, and processors. This proposal would require the reporting of quantities of asbestos used in various processes, employee exposure and monitoring data, and waste disposal and pollution control information. Reported information will be considered by EPA in deciding whether and how to regulate asbestos under TSCA. Any company that mines asbestos, imports or processes asbestos fiber or any asbestos-containing product should consider submitting comments. DATES: Written comments on this proposal should be submitted on or before March 27,1981. Following the written comment period, there will be a 20 day period during which EPA personnel will be available to meet in Washington, D.C. with interested persons. address: Written comments should bear the document control number OPTS 84004 and should be submitted to: Ms. Jonl Repasch, Document Control Officer, Office of Pesticides and Toxic Substances (TS-793), Environmental Protect on Agency, Room E-447,401M Street, SW,, Washington, D.C. 20460. All written comments filed pursuant to this notice will be available for public inspection at the OPTS reading room from 8:00 a.m. to 4:00 p.m. Monday through Friday, except legal holidays. FOR FURTHER INFORMATION CONTACT: John B. Ritch, Jr., Industry Assistance Office (TS-799), Environmental Protection Agency, Room, E-429,401M Street, SW_ Washington, DC 20460, Toll free: (800-424-9065), in Washington, D.C.: (554-1404). SUPPLEMENTARY INFORMATION: Section 8(a) of TSCA authorizes EPA to promulgate rules under which manufacturers and processors of chemical substances must submit such reports as the Agency may reasonably require information must be submitted if known to or reasonably ascertainable by the person reporting. To the extent feasible, the Administrator must not require unnecessary or duplicative reporting. Under TSCA, manufacturers of asbestos are persons who mine, mill, or import asbestos in bulk form or as part of a product containing asbestos. Processors of asbestos are persons who make products for distribution in commerce which contain asbestos or ' any asbestos containing component EPA emphasizes that the terms "manufacturers" and "processors" as used in TSCA, to some extent have different meanings from common usage. Section 3 of TSCA defines "manufacturer" to include manufacturers, producers, and importers. Thus, miners and millers of asbestos are "manufacturers" under TSCA, as are importers. Importers include those persons who import asbestos in bulk form, or as part of any product. Thus, persons who import automobiles that contain asbestos brake linings are "manufacturers" of asbestos for purposes of TSCA. "Processors" of asbestos are persons who prepare asbestos, after manufacture, for distribution in commerce in the .same or different form as they received it or as part of a product that contains asbestos. Thus, persons who incorporate asbestos or asbestos-containing components into products are processors under TSCA, even if they consider themselves "users" of a product that contains asbestos. This proposal divides the asbestos industry into "two groups for reporting purposes. EPA will require immediate detailed information on EPA Form 771036, "Reporting Commerciahand 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". EPA will require reporting in two phases for the second group--secondary processors of asbestos (secondary processors of asbestos make products from asbestos mixtures as opposed to bulk asbestos), and persons who import asbestos mixtures or other products that contain asbestos. In the first phase, companies would identify themselves and the asbestos mixtures they process or import EPA would 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. The primary reporting form for this rule, EPA Form 7710-36, is a composite form designed for use by several dissimilar types of respondents, each of whom will fill out only designated portions. Thus, as summarized on page 4 of the form (see { 763.76(a) of the proposedrule), the different types of respondents are to complete the following pages: ' Type ofrespondent andpage numbers Miners and Millers--8,10,28,28,29, 30.32, 34. Importers of Bulk Asbestos--8,11,28,28, 29.30, Primary Processors--8,12,16,28,28,29,30, 32,34. In the second phase of reporting, those secondary processors and importers of asbestos-containing products selected for detailed reporting are to complete the following pages; Type ofrespondent andpage numbers Secondary Processors--8.20,26.28,29,30. 32,34. Importers of Asbestos Mixtures--8,22,26, 28.29.30. Importers of Articles Containing Asbestos Mixtures--8, 24,28. 28.29. 30. Information that is submitted for this rule will assist the Agency to address the following questions related to evaluating exposures to asbestos and the potential impacts of various TSCA regulatory options: 1. What are the types, quantities, and values of products made today which contain asbestos? 2. Where are asbestos-containing products made and how much asbestos fiber is emitted from those manufacturing sites and disposed of as waste? 3. What is the number of workers involved with making the different asbestos-containing products and what are the current workplace exposure levels? 4. What are the types and quantities of products now imported which contain asbestos? I. Background EPA published an Advance Notice of Proposed Rulemaking (ANPR) in the Federal Register of October 17,1979 (44 FR 60061) for an asbestos regulatory investigation. Hie ANPR comment period was extended to February 17, 1980 in the Federal Register of December 17,1979 (44 FR 73127). In the ANPR, EPA expressed concern that many sources of human exposure to Bsbestos may present an unreasonable health risk. Several options for controlling the risks from asbestos were discussed, including a labelling requirement; prohibition of specified products; restriction on the amount of asbestos consumption; or a total ban on the uses of asbestos that would involve granting exemptions in some cases. The ANPR also announced 1 CAPCO JEN 0004-727 i Federal Register / Vol. 48, No. 16 / Monday, January 26, 1981 / Proposed Rules 8201 a joint effort by EPA and the Consumer' -. where the individual discrete - Product Safety Commission (CPSC) to components cannot be checked to verify investigate risks associated with the aggregate. Much of the existing asbestos and to coordinate information information also consists of estimates - gathering among agencies. - which may not reflect the current Asbestos is consumed by thousands situation becuase the data were , of companiesto make a wide variety of gathered many years ago. In addition, products. Some fibers are inevitably existing data are sparse about certain released as a result of fiber processing, industrial segments. The Agency intends distribution in commerce, product use, to use reported data to verify where and disposal. Under TSCA, EPA is possible the aggregate data it already currently investigating and quantifying has and to complete a fully the cumulative effects of exposure to representative picture of the present asbestos throughout its life cycle in situation. In addition, individual reports commercial and industrial products. whiph identify firm's, production sites, II. Purposes of This Rule The purpose of this rule is to obtain current information about major aspects of asbestos manufacture and processing and asbestos products will provide a detailed inventory of asbestos use that has not been available for regulatory investigations. The final section 8 rule may be to support the Agency's asbestos reduced in scope in comparison with regulatory investigation. Information this proposal. As the regulatory analysis obtained by this rule will be used to improve easting estimates of exposure under section 6 continues, the Agency may be satisfied that it possesses and of the economics of asbestos use, sufficient information about certain and to describe asbestos use as activities; EPA will narrow the final thoroughly as practicable. For example, while there are over 3,000 existing section 8 rule requirements wherever possible in such instances. The patents for applications of asbestos, requirements could be narrowed in 1 there is no information on which ones have been used commercially. This informational rule is being developed in parallel with regulatory analyses under section 6 of TSCA, and analyses by the Consumer Product Safety Commission and the Occupational Safety and Health Administration. By using this rule along with existing information to complete a several ways, such as requiring data from fewer years, eliminating categories of information, classifying products more broadly, reporting data company wide instead of by plant site, or reducing the scope of the secondary processor and importer sample survey. m. Comments to the Advance Notice of Proposed Rulemaking comprehensive picture of asbestos use Comments to the ANPR have in this country, the Agency expects toy provided helpful feedback on the aid the ongoing Federal efforts to assess Agency's approach to regulation, but and deal with the risks presented by have contained few of the data needed asbestos. for the investigation. One exception is Federal proceedings to control the specific data submitted by producers asbestos exposure may be begun of substitutes for asbestos. without the information this rule would Commentors supported the purpose of require. This Agency may determine a section 8(a) rule so EPA could develop that action under section 6 of TSCA is a better profile of asbestos usage in the appropriate before data from this U.S. Primarily, persons commenting on section 6 rule are analyzed. However, section 8(a) discussed the following: consideration of all available legal guidelines to which they believe information, including information the Agency must adhere when - reported under this rule and by way of ' promulgating a section 8(a) rule; the role public comment, would continue until a of section 8(a) data in any TSCA action final section 6 rule is prbmulgated. The to regulate chemicals' and the kinds of information obtained by this rule will information they believe EPA may enhance the data base on which require under the authority of section decisions are made. In addition, this 8(a). Many persons submitting section 8(a) rule will provide discrete comments were extremely concerned data for use in other Federal regulatory that reported information be treated investigations and compliance activities ^confidentially, and that the Agency and, potentially, for exemption ensure the protection of confidential proceedings that could be necessary information that would be shared with following imposition of controls on asbestos exposure. Information is presently available other agencies. IV. Other Sources of Information from a number of sources; however, it is . EPA is currently conducting a generally already in an aggregated form comprehensive search for all sources of T- information relevant to the regulatory; investigation. This search involves: ; reviewing the extensive literature concerning asbestos; obtaining information from other Federal agencies; and developing new data through EPA contractors. The search for information and the . preliminary results of the search are described in an internal EPA document entitled, "Technical Information ' Summary", which is part of the public record of tills rulemaking and is available upon request This document is a descriptive summary of available information and of the uses of the information the Agency may obtain under TSCA section 8(a). The document discusses the steps taken to examine and make maximum use of all available information prior to requiring the submission of new data under this rule. Briefly, the "Technical Information Summary" contains the following conclusions. First 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 the Bureau of Mines to determine asbestos consumption are from an annual voluntary survey of only a portion of asbestos users and, for instance, do not count 43 percent of the bulk asbestos we know is imported. The Buieau 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 production of bulk asbestos will be reported under this rule and this production will be reported according to more usefully defined categories of companies and products. In addition, EPA will be able to extrapolate with greater confidence from data obtained in the representative survey to all of industry. Our search for information from other Federal agencies has obtained useful information from the EPA Office of Enforcement "National Emission Standards for Hazardous Air Pollutant (NESHAP) Asbestos" file, inspection data from both the Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health * Administration (MSHA), and import data from the U.S. Customs Service. However, a great deal of desired data is already reported to several agencies who cannot make the data available to EPA because the individual data are confidential. For example, the Bureau of the Census is precluded under Title 13, U.S. Code, from disclosing individual CAPCO JEN 0004-728 8202 - - Federal Register /. -VoL 46, No. 16 / Monday. January 26, 1981 / Proposed Rules 1 reporti It receives. In addition, the Bureau of Mines promises total confidentiality of reported data in 'order to encourage voluntary responses to its annual survey.-- * ' .' Contractors working for various OPTS offices have had difficulty in obtaining new data. Often, information is withheld by industry because it is considered ; proprietary. Many requests to industry for information have gone unanswered -or rgsulted in the submittal of information of little value. Sometimes 'entry to manufacturing and processing facilities to perform independent monitoring has been either denied or delayed. While the contractor efforts are yielding detailed analyses of available information and useful results for the regulatory investigation, the reports are also identifying several gaps in available information. V. Uses of Collected Information The section 8(a) data will be used for analyses related to the TSCA regulatory investigation and economic assessment, non-TSCA regulatory activities by other EPA offices, and investigations or analysis by other Federal agencies. Joint use of information under this section 8[a) rule will avoid duplicate industry reporting and duplicate agency efforts. A. The TSCA Regulatory Investigation Data obtained under this rule will support both development of risk assessments and decision-making eraong potential TSCA control options. At present, no comprehensive picture exists of the consumption of all of the asbestos produced domestically or imported Of the presently available information, that of the Bureau of Mines is considered to be the best about the usage of bulk asbestos. However, the Bureau of Mines information does not fully represent asbestos usage. The goal cf the preseni rule is to develop a more comprehensive picture of the asbestos fiber life cycle through mining, milling, product manufacturing, use, and"" disposal. With this picture, the Agency can qualitatively and quantitatively verify exposure estimates, and at the same time analyze the economic and societal impacts of control options. To complete the picture, the Agency proposes to obtain data from a-variety of respondents. Under this proposal, miners (including millers) and importers will report quantities of bulk asbestos produced or imported by type of fiber; importers of merchandise known to contain asbestos will report the quantities and values of those products. Miners and importers will also report about employee exposures, amounts of waste generated, and the effectiveness of their pollution control equipment' Primary processors and some secondary processors of asbestos will report the amount of asbestos fiber or asbestos mixtures they consume, the quantity of goods they produce, the amount of asbestos they dispose of as waste, the amounts of asbestos collected and emitted (not captured) from their pollution control equipment, and summaries of workplace exposures to asbestos. , The Agency will use the reported data to estimate the total numbers of persons exposed to asbestos by working with asbestos, by using asbestos-containing products, or by living near a mine or processing site. With data obtained by this rule, EPA can develop a more detailed picture of asbestos use to determine and quantify points of environmental release. The reported data about uses and exposures will assist the Agency in describing who is exposed during the life cycle, and whether those persons are miners, transporters, workers, consumers, or the general population. The data will also support the estimation of the levels of exposure, the duration of exposures, and the kinds and sizes of fibers to which persons are exposed. This information will then be considered in the context of the known health effects of asbestos. For example, the amount of asbestos emitted from a factory can be matched to the general population at risk. From reported data, total exposure of construction workers and consumers can be estimated by tying production quantity information to estimated exposure levels that result from the fabrication or use of the.products. The Agency will also use reported data to predict trends about asbestos usage and to determine the efficacy and economic impacts of various regulatory options. To accomplish this, the Agency will consider information about the total amount of asbestos and asbestos mixtures proceeding through the life cycle of asbestos, the numbers of ' persons employed in making them, and the amounts made for each category of use for a period of years. Reported values of the products made will allow EPA to more accurately project, through econometric modeling, the economic effects of asbestos regulation. Learning the numbers of employees will permit the flgSicy to evaluate the potential effects on employment of any asbestos regulation. The Agency will consider whether substitutes are feasible and available for different applications. In assessing the availability of substitutes, reported information on fiber type and size, and the functions of the asbestos in a product will be considered. This information will be used to judge the " comparability of performance and cost of asbestos and its potential substitutes. B. OtherEPA Program Offices . Other EPA program offices will also use the data obtained through this rule. The Office of Air Quality Planning and Standards (OAQPS) hopes to learn more about quantities of emissions, efficiency of pollution control equipment, and quantities and methods of waste disposal at industrial facilities. OAQPS is reviewing the Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP) (40 CFR 61.20) and expects this rule to obtain more current data than are now available. There have been changes in the composition of the asbestos industry, its waste disposal methods, and its use of pollution control equipment since the NESHAP reports were submitted. The Effluent Guidelines Division, Office of Water Planning and Standards, has been pursuing an investigation of asbestos fiber levels in industrial effluents, and expects to use reported information to identify industries and firms whose effluents could be investigated. C. Other Agencies The Consumer Product Safety Commission (CPSC) is especially interested in the inventory of products which will result from reports under section 6(a). The reports will contain descriptions of many companies who make consumer products, the quantities made, the amount of asbestos contained, and any existing data about testing or measurements of fiber release during use of the products. On December 22, I960, CPSC published a General Order which requires reports about the use of asbestos in certain consumer products (45 FR 84384). This information will be reported before the final section 8(a) rule is published. Consideration of the section 8(a) data may help to focus CPSC's continuing investigation on certain additional consumer products. This information would provide much of the data needed in the CPSC investigation and may relieve CPSC from requiring additional reports from industry. Both agencies intend to share all reported data to the extent possible. It is likely that some persons will be subject to both the.CPSC order and the EPA section 8(a) rule. This proposal stipulates that respondents do not have to report information to EPA that has been previously reported to CPSC, other than their name and product identity, unless the respondent specifically CAPCO JEN 0004-729 Federal Register / Vol. 46, No. 16 / Monday, January 26, 1981'./ Proposed Rules 8203: requested CPSC not to release the data submittal of information on substitutes to EPA. In such cases, respondents will for asbestos in certain consumer be required to complete all portions of : products under the General Order, the applicable EPA forms. The CPSC described above In section V.C. Should General Order requires reporting of. EPA need to require information at a three yean of data, while EPA's later date, a separate section 8(a) rule proposal would require five yean of would be developed. If further data on asbestos mixtures and 10 yean information is needed on the health of data on bulk asbestos. Companies ' effects of certain substitutes, who must report to both agencies would unpublished health and safety studies be required to report data from the may be obtained under tSCA section additional yean to EPA. This 8(d). requirement is necessary because the two agencies intend to use the data in different ways. CPSC hopes to better estimate how much of the product may still be in commerce or in die consumer's hands. EPA on the other hand, hopes to more completely determine the amounts and forms of asbestos in the environment from past production and better estimate the total impact of asbestos on public health. Historical data will permit time-series regression analysis to better project impacts ofa control action on the national economy. The Occupational Safety and Health Administration (OSHA) has expressed interest in data relating to exposures in the working environment The Mine Only limited information will be generated about the massive amount of in-place asbestos. Although asbestos has had widespread use for over thirty years, historical data on bulk asbestos . will only be reported for ten years and U.S. production of asbestos products for five years. Further, the ultimate fate of only a fraction of the fiber used in the last ten years will be accounted for under this rule. It must be noted that it Is not necessary that the Agency possess every item of information in order to regulate a chemical substance or mixture. It will often be sufficient to extrapolate from known information to obtain the necessary data. Safety and Health Administration VI. What To Report (MSHA) is also interested in employment and workplace exposure data. Both OSHSA and MSHA are currently reviewing their asbestos workplace standards and expect the data obtained from this rule to be useful for a number of regulatory efforts. EPA has developed two forms which are 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 D. Limitations of This Information products, production, asbestos This rule will not obtain some consumption, employees, workplace information which may be pertinent to exposures, waste and disposal, pollution Agency considerations. Many questions control equipment and estimated about contamination of ambient air may quantities of asbestos emissions. remain becuase there are no Federal Respondents will fill out the sections requirements that industries measure that apply to them. Each respondent is emissions from mines and milling sites to complete the relevant sections of the or asbestos product manufacturing sites: - form depending on the activities of the or to measure asbestos released during reported plant site. The instructions to use of products by consumers or the form clearly list the sections that are workers in the construction industry, to be completed by miners and millers, including releases during the importers of bulk asbestos, and primary installation, lifetime wear, or removal of processors respectively. Those persons asbestos products. However, will complete all applicable sections of respondents would have to submit such the Primary Form, and will report all data if they possess them. asbestos importation and processing This rule also will not require the activities in the first reporting phase. In submission of data about the - addition, the Primary Form contains availability of substitutes. At this time, separate sections to be completed in a the Agency believes that there is second reporting phase by a sample of sufficient existing information to make a persons who are only secondary general finding that substitutes are processors and importers of asbestos- available for most asbestos containing products. Persons from those applications. However, further detailed^ .segments who are selected to complete information about substitutes for certain the Priamry Form during the sample products or applications may be needed survey will complete the applicable for the ongoing regulatory sections (see discussion below in investigations. CPSC will require the "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 1980, 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 1980 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 control options. In addition, knowing the products of secondary processing will support determinations of the availability of substitutes. VII. Who Reports This proposal defines who must report and what to report according to the industrial activity of the respondent during 1980. The Primary Form must be completed by all persons who mine, mill, import, or process bulk asbestos. The Secondary Form will be completed by secondary processors or persons who import asbestos mixtures or articles containing asbestos components. Some of these persons will be selected subsequently to also complete the Primary Form. This section will clarify the meaning of some of these terms that are 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 1 CAPCO JEN 0004730 1 8204 ' , Federal -Register / Vol. 46, No. .16 / Monday, January 28. 1981 / Proposed Rules 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 may ores or other products, Oils subject is not within the scope of the present EPA Investigation. TSCA defines a processor in part as a person who prepares a chemical substance or mixture, after its manufacture, for distribution in 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 (a chemical substance}. "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 sell that product. Such a mix of fibers is still considered "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 and 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- asbestos 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 secondary 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 persons who make garments by cutting an asbestos textile, are secondary processors. An automobile manufacturer is a secondary processor if he incorporates asbestos felt into an automobile as a hood insulation blanket or makes heating vent ducts 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 more complete list of examples of asbestos starting materials and products may be found in the instructions to EPA Form 7710-36 and 7710-37. Certain secondary processors are excluded from this rule. They are persons who repair articles, repackage asbestos mixtures without modification, or who engage in'construction work. Other secondary processors are exempted if they apply, assemble, install, erect, or consume asbestos products without modifying or fabricating the asbestos products. While we believe there may be a substantial risk from asbestos exposures in these categories, we expect to complete necessary analyses with estimates and extrapolations of data reported by the persons who make the asbestoscontaining products that are processed by the excluded industries. Therefore, reports from these excluded industries are not essential. 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. Persona who solely distribute in commerce, and do not manufacture, import, or process asbestos products, are excluded from reporting under this rule. Reporting is not required by persons who use bulk asbestos or asbestos products but do not distribute them in commerce as part of a product. The most common example of this is in the manufacture of chlorine, where some persons use asbestos as a diaphragm to separate the chlorine and the 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 disfributed in commerce and these activities a;e therefore not "processing" within the meaning of TSCA. This rule requires reporting by manufacturers 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 effedttfe enforcement" of TSCA. Those who manufacture or process asbestos mixtures are also necessarily processors of asbestos, the chemical substance. The processing of the chemical substance asbestos is an activity that is likely to involve potential risk to health and the environment This information gathering rule is supporting the Agency's investigation of the magnitude of exposures to a chemical substance. Therefore, manufacturers or processors of mixtures containing that substance will be considered processors of the chemical substance for purposes of this section 8(a) rule. Section 8(a) does not ' require that EPA determine whether information from such persons will be "necessary for the effective enforcement" of TSCA. In this case, EPA has nevertheless made the determination. In this rule, we propose that information about mixtures be reported or kept as a means of tracing asbestos through the lifecycle. For this purpose, the information is essential to completing the picture of the source, utilization, and ultimate fate of asbestos. Therefore, to the extent that this rule would require information about asbestos to be reported or kept by persons who manufacture or process asbestos mixtures, the Administrator finds that it is necessary for the effectiveness of this rule and, therefore, for effective enforcement of TSCA. Those who import an asbestos mixture or an article containing an asbestos component(s) are required to identify themselves and the asbestos component(s) of the imported product. By this requirement EPA is attempting to determine all of the asbestoscontaining products 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. Clearly, asbestos may present risks of exposure when it is contained in imported products--whether fiber release occurs during processing, use, or disposal. The Agency recognizes 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. In those cases, EPA will not learn of all imports that contain asbestos. However, we expect that many importers do know that their imports contain asbestos components, because either "asbestos" is part of the product name or the product specifications identify asbestos 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. Thus, under 763.77 of the rule, importers who submit the Secondary Form are required to report to the extent that this information is in their possession. i CAPCO JEN 0004731 Federal Register / Vol, 46. No. 16 / Monday, January 26, 1681 'l Proposed Rules____ 6205' VIIL Reporting Procedures Companies with multiple plant sites must report the activities of each plant site on an individual form with one exception. That exception is that respondents have the option to report the total imports or exports of the company altogether on a single form. The form instructions explain further how this is to be done. Miners, millers, primary processors, and importers of bulk asbestos would submit all appropriate portions of the Primary Form within 60 days after tire 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 would be reported at the same time the person reports as a miner, primary processor, or importer of bulk asbestos. All such persons will be subject upon request by EPA to further reporting of customer lists and quantities sent to those customers, and, except for importers, specified monitoring data up to four years after the effective date of the rule. EPA will require reporting in a different way for secondary processors and 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 Bolely secondary processors or importers of asbestos mixtures or articles containing asbestos components would be required to report to EPA in phases. First, they would submit the Secondary Form within thirty 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 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 affixtures and products being imported. The Agency anticipates that 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 9,000 plant sites) for the detailed information the EPA would l&ato 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 acelysis, end to reduce the reporting burden, we will be satisfied to make extrapolations 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 section Xlh "Reporting Burden", we estimate that Phase 2 reporting will be required from approximately 20 percent of the Phase 1 respondents. Our 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.1 That is, the respondents to the Secondaiy Form would be divided into non-overlapping and reasonably homogeneous strata and then sampled by stratum. The strata would 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. The type of asbestos starting material and tiie asbestos end product would permit EPA to follow a representative portion of each product category application in the asbestos lifecycle. Consideration of the amount of the asbestos starting materia! that is consumed will better ensure representation of both larger and smaller processors of asbestos materials. The Agency can only make the final decision on which variable(s) to use in stratifying and how large the sample will be after examining the composition of the Secondary Form respondents, since the actual numbers of respondents and the products they report in the first phase may vaiy significantly from present estimates. The Agency will stratify and sample respondents with the goal of minimizjig 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 ofthe same reliability about a stratum composed of a greater number of . respondents. EPA will use one or a 1 Kuh. Leslie. Survey Sampling. New York: John Wiley. 1965. combination of the variables listed in.. the preceding paragraph to stratify; respondents for the sample survey. Tie... Agency will select the stratifying variabie(s) which will result in the fewest number of respondents while still ensuring a reliable statistical sample. - The Secondaiy Form respondents selected for more detailed reporting will be notified by certified letter. These persons will have 60 days to complete relevant portions of the Primary Form. All persons selected for detailed reporting on the Primary Form would also be subject to further reporting of customer lists and quantities sent to those customers, or, except for importers, monitoring data for four years after the effective date of the rule. Some persons subject to reporting under this rule may be exempted from reporting certain information already reported to EPA, CPSC, or OSHA. A company which has adequately reported data to EPA will not be required to report the same information again, and would write "EPA" in place of the data on the form. Persons who have already reported production or importation quantities to CPSC must still identify themselves and the names of their products to EPA according to the requirements of this rule. However data already reported may be referenced by writing "CPSC" in place of the data, unless the respondent specifically requested CPSC not to release the data to EPA. 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 fist of persons known to 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 widely publicize these reporting requirements, so that persons as yet unknown to EPA will comply with these reporting requirements. The Agency solicits comments on these procedures and requirements. IX. Records To Keep In this proposal, persons subject to reporting the Primary Form would also be required to keep, until four years after promulgation of this rule, certain supplemental information available for submission to EPA upon request Persons who report only the Secondary Form would not be subject to these recordkeeping requirements. In addition, the monitoring records of importers need not be keep for or made available to EPA. CAPCO JEN 0004.732 8206 Federal Register '/ Vol. 46, No. 16 / Monday, January 26, 1981 / Proposed Rules All persons required to submit the / - Rm. E-447,401M Street, SW, Primary Form would keep a list of Washington, D.C. 20460. customers for their products in 1980, and This proposal employs a simple could be required to provide to EPA the ' certification method to assert a claim of names of the customers, their addresses confidentiality. To assert a claim of and the quantity of each asbestos- confidentiality, the respondent would containing product sent to each mark the applicable line on the form customer. It may be necessary for EPA that contains confidential information. to examine these customer lists. Some The respondent would certify that the customers may not be subject to company has taken measures to protect reporting (because they are either not the confidentiality of the information, processors under TSCA or exempt in that the information is not publicly this rule from reporting), yet the Agency available, and that disclosure of the may need to know about the information would cause the company consumption of asbestos by those substantial competitive harm. All of customers for assessment purposes. If these conditions must exist for any the Agency finds it likely that many information to be claimed confidential. persons did not initially report as Final determinations on confidentiality required, EPA may need to trace will be made by EPA in accordance with asbestos usage by obtaining lists of ' 40 CFR Part 2. customers and sending those persons The Agency proposes to aggregate reporting forms to complete. Also, the information about production, Agency may need to examine the lists of consumption, employment, and customers, in order to ensure that environmental release that is reported reports are obtained from all persons for this rule. The Agency will primarily subject to this rule. use aggregate data for analysis The second recordkeeping necessary to support the TSCA section 6 requirement makes available to EPA the regulatory investigation. These data OSHA and MSHA monitoring data of aggregates and analyses will be part of miners, millers, primary processors, and the section 6 asbestos rulemaking record the secondary processors completing the that is available to the public. To protect Primary Form. These data are now confidential information in the required to be kept, but are available aggregrate data sets, in most cases no upon request only to the Department of data from individual reports would be Labor and the Department of Health and released, even if they are non- Human Services. Should EPA need to confidential. Releasing discrete data examine the data upon which the could jeopardize the aggregate data sets, submitted monitoring summaries are because through subtraction of non- based, this requirement will permit EPA confidential data from the aggregate it direct access to those records. would be possible to ascertain specific If the Agency needs to examine confidential data. Comment is invited on records for the reasons stated above, a this aggregation procedure. certified letter, signed by the Deputy The Agency believes that, in the case Assistant Administrator, Office of Toxic of asbestos, basic identifying Substances, would inform these persons. information (company name, plant site Respondents would have 30 days to location, and asbestos product name) report customer lists, and 60 days to should not be considered confidential report monitoring data. and should be available to the public X. Confidentiality The Agency has developed specific instructions for asserting and substantiating claims of confidentiality for any information submitted in response to this rule. These instructions are incorporated in the reporting forms and may be found in 5 763.76 and 763.77 of the rule. Any claims of confidentiality must be made at the time of submission as provided in 40 CFR Part 2 as amended September 8,1978 (43 FR 39997), and March 23,1979 (44 FR 17673), and in the manner specified in the reporting forms of this proposed rule. To ensure proper handling, confidential material must be submitted to: upon request. The Agency has observed that companies usually make no secret of the presence of asbestos in their products and that it is generally an advertised component of the product. In any case, it is likely that a competitor could easily ascertain that asbestos is present in die product. EPA believes that companies should not anticipate making such claims. Comment is invited on the question of whether there are circumstances in which any of the above three items of information could be confidential. As previously stated, EPA intends to share all reported data with other Federal Agencies, including confidential data in individual reports. However, Document Control Officer, Office of EPA will require that personnel from Pesticides and Toxic Substances (TS793), Environmental Protection Agency, 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. .. ...... XI. Small Manufacturers and Processors In this proposal, small businesses which employ ten or fewer employees are exempted from any requirements of. this rule. We estimate that over 40 percent of the potential respondents who are not otherwise excluded 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. The basis for these estimates is summarized in a memorandum titled "Statistics for Companies with 10 or Fewer Employees", which is part of the public record for this rule. The Agency believes that this exemption, in conjunction with other exclusions in this rule will greatly reduce the reporting burden of this rule, yet enable EPA to obtain sufficient information to meet the needs of the TSCA asbestos regulatory investigation. (EPA has also excluded many small businesses by exempting the construction and repair industries.) This definition of small businesses is the same definition used by OSHA to exempt employers from recording and reporting work-related injuries and illnesses (29 CFR Part 104), and this has become a standard familiar to industry. The Administrator may not be obligated to exempt small businesses from this asbestos reporting rule. Section 8(a)(3) requires that small businesses be exempt from section 8(a) rules unless the chemical substance or mixture is subject to a rule proposed or promulgated under TSCA section 4, 5(b)(4), or 6. On September 17,1980, EPA proposed a rule on asbestos under secIon 8 of TSCA (45 FR 61966). However, we know that many small businesses would potentially be subject to this section 8(a) rule. Even though it is not obligated to exclude them, the Agency is proposing to exclude small businesses if the objectives of the rule can still be met The Agency proposes to exempt small businesses from reporting because we expect to obtain a sufficient amount of information even with a small business exemption. Our analysis indicates that relatively few primary processors (a concentrated industry composed of large companies) would be exempted under the proposed exemption, so that the Agency will still be able to develop a good profile of the primary processing 1- K 1 CAPCO JEN 0004733 1 Federal Register '/ Vol. 46, No. 16 / Monday, January 20, 1981 / Proposed Rules' 8207, `industry. Also, the Agency will develop we do not calculate the cost reduction - These size categories are the smallest'', a reasonably comprehensive inventory from excluding small importers because establishments likely to be impacted by' of asbestos-containing products and the composition of that segment is not this proposed rule and the ones most 'determine the potential for exposure at well-defined. Yet, we do expect that this likely to experience adverse effects. On their manufacturing sites, since the group will contain some small this basis, EPA feels that the potential - remaining nonexempt persons account businesses. Therefore the actual impacts on secondary processors and'. for approximately 97 percent of the reporting costs may be less than our employees and product sales in affected industries. XII. Reporting'Burden present calculations. As already discussed, two reporting forms will be used for this rule. The Primary Form will be completed by In order to assess the clarity of the miners, millers, primary processors of form and to ensure that data are asbestos, and importers of bulk asbestos reported in the most effective manner, in a first reporting phase. We estimate the Agency conducted a pre-test of the that for this group of respondents, a form through the Institute for Survey total of 487 reports would be received by Research, Temple University. The the Agency. Completion of these reports respondents were members of the . would require a total of 11,000 hours, Asbestos Information Association. This and cost approximately $320,000. ` . pre-test was quite valuable to EPA in Secondary processors and importers - improving the clarity and coherence of of asbestos mixtures or articles the form. In addition, the respondents containing asbestos components will be 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 4 Company, Washington, DC, October, 1980. estimated the cost of completing each required'to initially complete the Comment is requested on these cost section of the form. The final report by Secondary Form. We estimate that it and economic impact estimates. Further, the Institute for Survey Research, will take four hours to complete each EPA recognizes that these cost "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, 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 by Arthur Young & Company, "Economic Impact Analysis for the TSCA Section 8(a) Rule, Reporting form, at a cost of $120 per form. The Agency anticipates receiving 5750 such reports. Therefore, the Secondary Form reporting would require a total of 23,000 hours, and would cost approximately $690,000. We expect that approximately 20 percent of those persons who initially complete the Secondary Form will be selected, in a sample survey, to complete the Primary Form. From this survey, EPA expects to receive 1150 reports, which would require a total of 37.000 hours, and would cost $1,100,000. Based on these cost estimates, and projections are estimates based on only a few participants in the ISR pretest. The Agency requests any relevant data and estimates of the costs to complete the form as well as any other specific data on company size, number and types of employees, number and types of asbestos products, gross margins, and other company data relevant to developing the reporting impact analysis for the final rule. The Agency will consider any data submitted in determining the economic impact of the final rule. Commercial and Industrial Uses of assuming a small business exclusion, we This rule, if promulgated, will not Asbestos", which is part of the public estimate the total cost of reporting for have a significant economic impact on a record for this rule. The results of the this rule would be $2,100,000, requiring substantial number of small entities. pre-test and the reporting burden 71.000 reporting hours. If a small Therefore, it is not subject to the calculations are summarized in the business exclusion were not included, requirements of the Regulatory "Reports Impact Analysis", an internal we estimate this rule would require a Flexibility Act, Pub. i. 96-354. As EPA report that is available in the OPTS total of 110,000 hours, with a total cost required by the statute, EPA >s 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 thisnotice. In section XI of this preamble--"Small Manufacturers and Processors"--we calculate 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 5385 secondary processors, while we estimate there may be a total of 8,974 secondary processors ' of $3,200,000. 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 0.1%) 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 consulting the Office of Advocacy, Small Business Administration. As described above in section XI, the Agency is proposing to exempt small businesses from the requirements of this rule. The proposed definition of small businesses would exempt approximately 40 percent of the entities which would otherwise be subject to the rule. The Agency is requesting public comment on whether this exemption is appropriate for this information gathering activity. Should the Agency adopt this small if small businesses are counted. (Thesg,*. the average value of shipments for four business exemption of an alternative estimates are derived from a formula - digit SIC codes for primary processors exemption after consideration of - used in 1976 by the Asbestos and other SIC codes likely to contain comments, then this rule will have no Information Association, which is asbestos secondary processors. This impact on small entities. Moreover, the described in the "Reports Impact comparison suggested on significant Agency believes that the cost of Analysis".) In addition, our calculations difference between primary processors reporting under this rule is not likely to exclude primary processors who are and other industry segments in the size have a substantial impact on any entity known to be small businesses. However, ranges of 10-19 and 20-49 employees. potentially subject to the rule. T- CAPCO JEN 0004734 '8208 \ Federal Register /-VoL 46, No. 16 / Monday, January 26, 1961 / Proposed Rulea Xin. Enforcement of This Rule The Agency intends to vigorously ' enforce the reporting requirements of this rule. TSCA section 15(3) makes it unlawful for any person to "fail or refuse to (A) establish or maintain records, (B) submit reports, notices, or other information, or (C) permit access to or copying of records, as required by ' this Act or a rule thereunder." Section 16 states that violating section 15 makes a person liable to the United States for a civil penalty and possible criminal prosecution. Under TSCA section 17, the district courts of the United States have jurisdiction to restrain any violation of section 15. EPA is identifying as many persons as possible who are subject to this rule; responses from those persons will be carefully monitored for compliance. In addition, should the Agency believe that many secondary processors have not identified themselves, EPA may require the submission of customer lists from identified processors. Persons thus identified who have not reported to EPA will be required to report and may also be subject to sanction. XIV. Sunset Provision The general requirements of this rule will expire five years after the effective date of the rule. Certain other requirements will expire prior to the end of the five-year period. The selection and notification of sample survey participants for Phase 2 reporting (see section VHI of this preamble and $ 763.71(c) of the rule) will take place within three years after the effective date of the rule. Additionally, the customer list and monitoring data retention requirements (see section IX of this preamble and 763.70(c)(3)) will expire four 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 - XV. Public Meetings There will be a 20-day period following the written comment period during which EPA personnel responsible for developing this proposal will be available to meet in Washington, D.C., with interested persons from companies, organized labor, trade associations, and citizen organizations to discuss this proposal. EPA will provide facilities and make other necessary arrangements for such meetings. The Agency will make transcripts or summaries of the meetings for inclusion in the official public record. All meetings will be open to the public. EPA generally intends to limit active participation in the Washington meetings to those requesting the session and EPA personnel designated for the session. Interested persons should call EPA's Industry Assistance Office, toll-free, at 800 424-0065, or 554-1404 in the Washington, D.C. area to request time for such a meeting. XVI. Public Record EPA has established a public record ' /or this rulemaking as defined in section 19(a)(3) of TSCA (docket number OPTS64004). The public record, along with a complete index, is available for inspection in the OPTS reading room from 8:00 a.m. to 4:00 pm. on working days (401M Street, SW, Washington, DC 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. This proposed rule. 2. "Commercial and Industrial Use of Asbestos Fibers; Advance Notice of Proposed Rulemaking,"' published on October 17,1979 (44 FR 60061). 3. "Commercial and Industrial Use of Asbestos Fibers. Extension of Comment Period and Announcement of Additional Control Option," published on December 17,1979 (45 FR 18374). 4. Comments received in response to the Advance Notice of Proposed Rulemaking. 5. Reports Impact Analysis of this proposed rulemaking. 6. "Statistics for Companies with 10 or Fewer Employees", memorandum, from Chemical Information Reporting Branch, October 30.1980. 7. "Design and Testing of Asbestos Use Reporting Form", Institute for Survey Research, Temple University, Philadelphia, PA, June 30,1980. 8. "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. 9. The Technical Information Summary for this proposed rulemaking. EPA anticipates adding the following type's of information to the rulemaking record. 1. All comments on this proposed rule. 2. All relevant support documents and studies. 3. Records of 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 memoranda unless specifically noted in the index of the rulemaking record.) 1-_ 4. Minutes, summaries, or transcripts of any public meetings held to develop this ride. EPA will identify the complete rulemaking record on or before the date of promulgation of the regulation, as prescribed by section 19(a)(3) of TSCA, and will accept additional material for inclusion in the record at any time between this notice and such designation. Hie final rule will also permit persons to point out any errors or omissions in the record. Dated: January 13.1SS1. Douglas M. Costle, Administrator. It is proposed that proposed new 40 CFR Part 763 be further amended by proposing to add a new Subpart D to read as follows: PART 763--ASBESTOS * * * *- * Subpart D--Records and Reports Reporting Commercial and Industrial Uses of Asbestos 8ec. 763.60 Scope and compliance. 763.63 Definitions. 763.63 Who must report. 763.70 Records to keep. 763.71 Schedule for reporting. 763.74 Confidential business information. 763.76 Reporting commercial and industrial use of asbestos. 763.77 Reporting secondary processing and importation of asbestos mixtures. 763.78 Sunset provision. Authority: Sec. 8(a) Toxic Substances Control Act (TSCA), Pub. L. 94-489, 90 Slat. 2029, (15 U.S.C. 2607(c)). Subpart D--Records and Reports { 763.60 Scope and compliance. (a) This rule requires recordkeeping and 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. 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. Certain persons subject to the rule must keep records of certain information that EPA may require at a later date. (b) Subsection 15(3) of TSCA makes it unlawful for any person to fail or refuse to submit information required under CAPCO JEN 0004-735 Federal Register / Vol. 46, No. 16 / Monday, January 26, 1981 / Proposed Rules 8209 this rule. Section 16 provides that a violation of section IS renders a person liable to the United States for a civil obtaining an immediate or eventual processor who employed no more than commercial advantage and includes 10 full-time employees at any one time among other things, such manufacture of in 1980. penalty and possible criminal any amount of a chemical substance or prosecution. Under section 17, the district courts of the United States have jurisdiction to restrain any violation of section 15. mixture: (1) For commercial distribution, including for test marketing, and (2) For use by the manufacturer, including use for product research and { 763.63 Definitions, development, or as an intermediate. The definitions in section 3 of TSCA "Manufacture for commercial purposes" and the following definitions apply for also applies to substances that are this rule:' produced coincidentally during the (a) "Asbestos" means the asbestiform . manufacture, processing, use, or varieties of: chrysotile [serpentine); disposal of another substance or crocidolite (riebecklte); amosite mixture, including both byproducts and (cummingtonite-grunerite); coproducts that are separated from that - anthophyllite; tremolite; and actinolite. other substance or mixture and (b) "Asbestos mixture" means a impurities that remain in that substance mixture or other material to which bulk or mixture. Byproducts and impurities asbestos or another asbestos mixture may not, in themselves have commercial has been added as an intentional value. They are nonetheless produced component. An asbestos mixture may be for the purpose of obtaining a either amorphous or a sheet, cloth commercial advantage since they are fabric, or other structure. 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 {763.65 Who must report (a) Persons who were miners or primary processors of asbestos, or importers of bulk asbestos in 1980 must submit a.separate EPA Form 7710-36, Reporting Commercial and Industrial. Use of Asbestos, in { 763.76, for each plant 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 1960 must complete and submit Parts 1 and II of EPA Form 7710-37, Reporting Secondary Processing and Importation of Asbestos Mixtures, in { 763.71, for each plant site or activity, according to the schedule in { 763.71. type or grade, or combination of types or who produces asbestos by mining or (c) Persons who were importers in grades, that is mined or milled with the extracting asbestos-containingore so 1980 of asbestos mixtures or articles purpose of obtaining asbestos. This term that it may be further milled to produce containing asbestos components must does not include asbestos that is bulk asbestos for distribution in complete and submit Parts I and IQ of produced or processed as a contaminant commerce, and includes persons who or an impurity. conduct milling operations to produce EPA Form 7710-37, Reporting Secondary Processing and Importation of Asbestos (d) "EPA" means the United States bulk asbestos by processing asbestos- Mixtures, according to the schedule in Environmental Protection Agency. containing ore. Milling involves the { 763.71. When two or more persons (e) "Importer" means anyone who separation of the fibers from the ore, meet the definition of "importer" for the imports any chemical substance, in pure grading and sorting the fibers, or same shipment, the principal in the form or as part of a mixture or article, fiberizing crude asbestos ore. To mine or transaction, not his agent or agents, .. into the customs territory of the U.S. and mill is to "manufacture" under section shall report. includes: (1) The person liable for the payment of any duties on the merchandise, or (2) An authorized agent on his behalf (as defined in IS CFR 1.11). Importer also includes, as appropriate: (i) The consignee; (ii) The importer of record; (iii) The actual owner if an actual owner's declaration and superseding bond has been filed in accordance with 19 CFR 141.20; or (iv) The transferee, if the right to draw merchandise in a bqnded warehouse has been transferred braccordance 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. (f) "Known to or reasonably ascertainable by" means all information in a person's possession or control, plus 3(7) of 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 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 (d) Secondary processors of asbestos and importers of asbestos mixtures or articles containing asbestos components must 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 described in { 763.71(c). (e) Particular information required on EPA Form 7710-38 which has been previously submitted to the Consumer Product Safety Commission (CPSC) 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 years required by EPA, but not by CPSC, must be reported on the EPA Forms. (f) The following persons are not subject to { 763.70 and 763.71. all information that a reasonable person those impurities are also processed for (1) Secondary processors of asbestos, might be expected to possess, contmfror! commercial purposes. to the extent that they process an know, or could obtain without (l) "Secondary processor of asbestos" asbestos mixture to repair articles, to unreasonable burden or cost is a person who processes an asbestos construct buildings or other such (g) "Manufacture for commercial mixture. activities, or to apply, assemble, install, purposes" means to import, produce, or (m) "Small manufacturer, processor, erect, consume, or repackage the . manufacture with the purpose of or importer" means a manufacturer or mixture without modification. CAPCO JEN 0004736 8210 ` Federal Register / Vol. 46, No. 10 / Monday, January 26, 1981"/ Proposed Rules (2} Persons who are small manufacturers, processors, or importers, as defined in 5 763.63(m). { 763.70 Records to kssp, (a) Customerlists.--(1) All miners, importers, and processors who are subject to ! 763.65(a), or who-are subject to { 763.65 (b) or (cj and are required to report on EPA Form 7716-36 as part of the sample survey, must maintain records of customers who in 1960 received or purchased asbestos fiber or asbestos-containing products reported on EPA Form 7710-38._ (2j These records must contain the name, address, technicalcontact, phone number, and the quantity sent for each customer. If the customer is a person who only distributes the substance in commerce, this should be noted. (b) Monitoring measurements. All miners of asbestos and primary processors of asbestos, and those secondary processors of asbestos subject to 763.65(d) must maintain as required, and make available to EPA upon request: (1) Records of monitoring measurements performed as required by the Occupational Safety and Health Administration (29 CFR 1910.1001). 2. Records of monitoring measurements performed as required by the Mine Safety and Health Administration (30 CFR 55., 56., or 57.51(a)). (c) If the Deputy Assistant Administrator, Office of Toxic Substances, determines that supplemental information is needed, he/ she will require, by certified letter, the submission of information kept for paragraphs (a) and (b) of this section. Customer lists will be required if the Agency needs further information concerning risks that may be presented by the product involved. The Agency may require lists of customers for certain specified products. Monitoring measurements will be required only if the Agency requires further exposure information to determine if the manufacture or processing of asbestos fiber presents a risk to health or thb. environment. (1) Customer lists shall be submitted within 30 days of receipt of the certified letter, and shall contain the information required under paragraph (a) of this section. (2) Monitoring measurements information shall be submitted within 60 days of receipt of the certified letter, and shall contain the information required under paragraph (b) of this section. (3) The requirements under this section will expire four years after the effective date of this rule. (4) Information requested by the certified letter must be mailed to: Document Control Officer, Office of Pesticides and Toxic Substances (TS793), Environmental Protection Agency, Rm. E-447,401M St, SW, Washington, DC 20460, Attn: Asbestos Report $ 763.71 Sclxdul* for reporting., (a) All miners, primary processors, and importers of bulk asbestos subject 'to reporting under { 763.65(a) shall submit required data on EPA Form 771036 within 60 days after the effective date of this rule. (b) All secondary processors and importers subject to reporting under :$ 763.65(b) and 763.65(c) shall submit required data on EPA Form 7710-37 within 30 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 required data on EPA Form 7710-36 within 60 days after receipt of EPA notification to do so. Selections will be made in the following manner. The respondents will be selected using a stratified random sampling technique.1 First, qualified statisticians will review reports on EPA Form 7710-37 and determine the optimal method to stratify respondents according to the composition of the respondent population. The strata will be defined by all or an appropriate subset of the following variables: the end product: the asbestos mixture that is the starting material in the end product; the volume of the asbestos mixture annually consumed. Respondents will be stratified into as few groups as reasonably possible. The size of the 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 EPA needs for statistically sound data. A standard random selection technique will be employed to select persons who will be required to complete and submit EPA Form 7710-36. 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 will be required to complete EPA Form 7710-36. Notification shall be sent by certified letter, signed by the Deputy Assistant Administrator, Office of Toxic Substances, and will have attached copiesHhis rule and EPA Form 771036. Letters of notification will be sent by *Ki*h, Leslie. Survey Sampling. New York: John Wiley. 1965. EPA no later than three years after the effective date of this rule. (d) EPA Form 7710-36 and EPA Form 7710-37 can be obtained by writing or telephoning: Industry Assistance Office, Office of Pesticides and Toxic Substances (TS-799), Washington, DC 20460; Toll free (800-424-9065); In Washington call: (554-1404). (f) Completed forms must be mailed to: Document Control Officer, Office of Pesticides and Toxic Substances (TS793), Rm. E-447, 401 M St., SW, Washington, DC 20460. { 763.74 Confidential business Information. (a) Any person submitting a document under this rule may assert a business confidentiality claim covering all or part of the submitted material unless otherwise instructed on the reporting form. EPA will disclose information covered by a claim only as provided in procedures set forth in 40 CFR Part 2. (b) Substantiation for a claim made on any item reported under 763.65 must be made by signing the certification statement as specified in the forms. (c) If no claim accompanies a document at the time it is submitted to EPA, the document may be placed in an open file available to the public without further notice to the respondent. 763.76 Reporting commercial and Industrial use of asbestos. The following EPA Form 7710-36, Reporting Commercial Industrial Uses of Asbestos, will be completed and submitted to EPA as required in 763.65 and 763.71. Information must be reported on this form to the extent that it is known to or reasonably ascertainable by the respondent. (a) EPA Form 7710-36 (5-80). BILLING CODE eS60-31-tl CAPCO JEN 0004737 PROPOSED FORM Federal Register / Vol. 46, No. 16 / Monday, January 26,1981 / Proposed Rules 44 Q fa > -to -faut K K a S as o S * 10 o ORo.' W 66 SJ. Sio!* *T"< l~ t &&', 28 ,,s %09 .62 ass fa foa - p W tl 1- g < g 4_fa fjfoaa foua toi y6 e V4 fa K* fOa --fa 2fa? fa 3U fVa 1 j fa fa fa 8. e *S T5 4 5 it: ffo0*caa *Sf4i iffvfaa!a`faf.4-ea* vt *4 fa U0 Sfa- KO ffat,U fa H e a t-t fa TS fa 0 fa fat <s fa* . fa ^ wto t* 0 fa c c 2 8* o ^ s s *2 gs r4 gs ffat fCa B fa Sa SE sB -s -gg *M y fa i! O B fat fa f.a m fa J*fB-9t4 ffaac fa o fa fa fi C 1-5 a H c 5 *5) 3 S e fa fa o fa ss 0V H ffaa *0 ec o *o c m3 # caol fsa o) fa aOfv efUOa -o 3 2 .J fa E * . fa fa V. ffaa fa4 cO --I .c (J l"A'S USEfa ffat, o tfoa 3 * fa e g 6^ 3 o 5^ o O g gX g is o fa roe fa c fa ** o * * e B. 6C So O 0 afCa ffaa-Dfa ftal 0 fa C M C *, 0ft, rfS wa<o fa ^fj fa ss-t o G. fa O. \\S fa J! C fa 9 | U ^ G JB 60 c -f2a B SE . S aV foBa- < fa fa e fa 0fa eo wc? srr e o fa 60 ri Efa xcof-afafa *)***. ftar fa 6co ofa *9 fa fa fa o ^ac S2 .ffaa Ifa fafaa gfa.4ttoo 3 0 StisS o fa P ffaa otM fCa .fOwa *e0 *ffoaa v fa * fa & VC*o,,H fa*-<C0 RLSB0X\f-fat Bu U,, O w 3 fa fa fa .c p o cfa -tSo *a ^ 5fa B C 4 6O uBQ- M Ofa faCt fa f"a f>t fCt fa -fa *0 fBa 6C6 ffaa Bfa c vfai rf4a U f8a,* JWC SBC fi a u 00 fOa f3a o ,C *0 ^ **rt fa V 3 fa *fa fa 0 ffat) fpa o o ^ 0 ft. fa fa o c5 fua 6a0 f,a ff0at fa fa fa mfa ffaa fCf3aa ^ 23fi fOa CO fffaaa ? fi * t *3 fa fa c < e .o o o^ a^-nz xO *ae4 ffi5aoi l fva *f0t 0 fa iJ > fa c 0 fa e h v < "3^*5 *b ffaaffoaa 1ft) ^ _s< fa" C *U4 a,t< fa p. BB 4 <0 fa fa t fa fa O 6* tJ C- as3 > < 4 Kfa fBa a fa ? * fa 0 fa ! 3 *V0 ffaa v o is as fa 115 fa S0 fa e ss as 2a fa g 9C a2 - Bfa =o fea *fa4 C -e 0o *"o B H0 g fa 3 fa 2fa-f* fSa fa B fa O r4 a fa c fi *4 < cii B t fa * SS 0 *4 Ft fa fa eu 0bc fOt f*a5 "B0 s-s s * "8 B fa 4 ,5 . 0 0 *0 521 8211 :, .H'V CAPCO JEN 0004738 8212' Federal Register / Vol. 46, No. 16 / Monday. January 26,1981 / Proposed Rules PRODUCT ID EN TIFIC ATIO N POLLUTION CONTROL EQUIPMENT 1 CAPCO JEN 0004739 Federal Register / Vol. 46, No. 16 / Monday, January 26,1981 / Proposed Rules C 9 b .4 8b o8, K ~ * V X AV* xai bo xeb Xi> K (i e c si's .to ai AoI "o9 b o c-- O OM Oo 4a1. >aSi Uh >% At b "n AcCV) Vu9 ** H 8b e O. wo 4o4 X .sg ."c 44 o ab. > O-- b b *b xo iy ,, S *bi V 44 b 9e x O O b > bX b O. 9 X O * O boxb O 44 C tt b o. e -- V. O A) 44 A4 b9 O Vb O a. 44 *b Xtt XAot SJ X O C ; o 4*45 c *Cb (I H U X X 44 O COM H V x b a <w s C Obo*p >v A) -- O . AJ C .b b B 44 A4 44 b tO C M P O *M 9cr *Cb B X to - . b 44 cC o aA tb4: -ux .r* '".bp At C X b *b b IOS ^3 b E O *, .. cb o K *3o-i X0O. (4 b 44 S E . Ob 0 CL At b a on XAt 0b*0e a. b J -*. vo xo xEo K o 44 no9 V 44 44 x *o e ^ *o ** 44 9 o. o b 3 a. o e o. a w 3 b kb v bUh |*0 b AI O O. *0 *b e <o y b x 9 to e I b At X 3 Uuu Xn X.b X < 8 44 c e *o *ss pae. 8 44 8 e .. .o e At At tt c * cx ea o. 8 c *W *b tt . OV OU >s * II c Kb XA* 0 Mb 41 il k<_ Uob xi Obo-O<< b9 X44 *>O* b b .b < tc A* m W *M bO * sv y to .5 3 sb g SX * XB Kb --I bO ab*ob ab. oO O l to .2 o* c *o XAI 44 b U 44 O u b H5 c e * b ob a. b Xo At B 9 44 *b X X 44 O Va. 44 b *o X b b O B > X X --E 44 b Bb X 44 --s lt<*Cb tet X 9 i' uO Xu 1 OX ' *9 : . b ; 85 :>> uoe s o b bV bV 44 ya xx V *D bV 9X 4K4 toU b E b4 be V -b X b o s g eb Xy -> 9W X9 M g --X w b 9 b A o. b Ve o iby O 10 15^ *8 *b 44 >% *o V X b X y o X oy f a. u CO OV Cb OK ^jS'c --O e *b s. be s. oo A4 > c >\ Kb At 44 bCb OV9 & 44 .2 o .2 x9 a . S O> bX bV } a U w44 CO . *' >v 9f X B 4X XA,^ b. si 1 jgS S.8 S o* us-4 b*sS SS g < O WV 44 b b r* C *b ns b 44 s h. b b S > u Ai O K o x 4j ob-- V 44 H b.g X -- b^j * pv w XM XO6 < a9s *b v < At $ ai te b A* b > X to O o xo b x Pt o y jo -# S y 6 oP *C 9 tc quo. O C O X o -- 0X C u ^ 44 U 44 * A 44 A b( * e- <0 0. CU <Al CO *b X M $213 CAPCO JEN 0004740 I d e n t if y yo u r a c t iv it y u sin g th e preceding d e f in it io n * and check th e lin e n e xt to ca te g o ry b e lo v th a t bese d e s c rib e * yo u r a c tiv ityi(fie a ) You must a t le a n t complete the p o rtio n s o f th is re p o rt th a t are in d ic a te d next to the box you check, and you must complete o th e r sections you conduct that a c tiv ity * 8214 - Federal Register / Vol. 48, No. 16 / Monday. January 26,1981 / Proposed Rules ------a----w--waww----a--^ UO hK4 x U Uo ob 2 g. be M bo p. V b 1 bO ** p. 01 o 0b3> TOC3 iKe-b> xUO); oj| M MM uo u*> o. . o. SE O O r *-> o jj AJ A. S b fgl. 4b8>. U A) UO ob. 6 >% 2 Id i bw X2 js. c 8. bm *b) o-- sx oo. * e b* 4C) ss CAPCO JEN 0004741 A ( 2 ) . PRODUCT TDFWTIFICA.TIOW f- '.jV*'1 FederaHRegistOT/Voh^OIo^^yMondayJIanuary^Sj^igM^/^^^opose^RjJe^^^^^^^^SZlS. - "\S s I i $ i o x> iS S* u b I n 1 n n im a s& s $ $ i CAPCO JEN 0004742 8216. ; . Federal Register / Vol, 46, No. 18 / Monday, January 28,1981 / Proposed Rules -8 I 33 ; $ ill I . *ll&s i! 2'siiS n frrrnTrrrm 11 m m6(C {.>o5^oNonovoiAouoioMoroffho h*n.-< ****-i"f** ^ic2r2 "I TlTl M2), rpoctrr nyyrm cm cN g|S&clsititjis 4:42233 2 s rrrn TrrrnE O' O cn ro in \D o O' r f*> miDr'C?0'~fN<nvin CCCCCC C CCC02ac,0'C'ffiff><J' I! Ill I 11! 111111! I sS3 *C &> i &-- iJ L fl5ithp"aS8T B^ _B 'II 6 uCu g S'2 88 5fiS i*0*C I 2 8. o c 5- tS fllf! ia') Se'nS^IBi*U * tU a $ IS |iQ I S ~< f* ,,8t!* - S S E 8 || 1;** *' S83f1. 5& ?`Sr 3 I Jr'S ^ fe JillV c c C 5 6 co .SSI n n 11 rrrrn mi mi him ;imiim ir C & I% 111! LLLL 4 `5 | 282E3|c| i|fl||iS!olfllolH|OiHi!C ^^bs5 is h 666 .rnWfrrrn rrrrrrrn i i i i rrrn^NnmiosAAOHNn rin\0f-C0O,O^nj jn 5 in vo no'O'O^ 1> CAPCO JEN 0004743 These sre the in s tru c tio n s fo r a s s e rtin g end s u b s ta n tia tin g cla im s o f c o n fId e n tia lity fo r any in fo rm a tio n you tu b a ie in th is Commerlcat and In d u s tr ia l Use o f Asbeatoa F ib e rs R e p o rt* (EPA Fora 7710-36-- "R e p o rtin g In d u s tr ia l and Commercial Use o f Asbestos F ib e r s " - - v i11 be re fe rre d to as th e " F o ra * " ) You may re q u e st c o n fid e n tia l tre a tm e n t fo r s p e c ific item s o f in fo rm a tio n you s u b m it, which a re entered on th e fo ra , o r in attachm ents to th e form * CAPCO JEN 0004744 8218 Federal Register / Vol, 46, No. 16 / Monday. January 26,1981 / Proposed Rules 1 A C 4 ). RESPONDENT IDENTIFICATION 11 1 CAPCO JEN 0004745 i co rp o ra te "a ctivitie s*) SEPARATE ACTIVITIES INCLUDEa l l PRODUCTION, IHPPftTA* OBTAINING, AND EXPORTATION, Im p o rta tio n way be re p o rte d on a p la n t a lt e b a s is o r c o n s o lid a te d in one re p o rt f o r 2, 3, 4 ). {NOTE--"THIS SECTION MUST BE COMPLETED SEPARATELY FOR EACH APPLICABLE ACTIVITY O , 1971 A firm p e rfo rm in g more th a n one e tiv lty ^ w i.iF c o m p le te a l l a p p ro p ria te 'fo rm a fo r each p la n t s ite * C h ry a o tU e should be re p o rte d oy ci Quebec S tandard T e a t (QST) Grade* Federal Register / Vol, 46, No. 16 / Monday, January 26,1981 / Proposed Rules uo uESJr PEHL U4i Uw UOa. ouo- U o o *c wo0-0co 8219 ' i)i! l - I ,|`.l j` * Ji .yGZ ,{ ' 1 4) I JJ WSi2n woO .V(<J/9}) Vt> Jf i-H H *- M -> w a u X V V w> . VQ-<.TUI1 1o* iu'sc -r5** XwOt>33 XU, <w0 V T43)9 J fVu> Se -u9o5. -*>oe--*v< crg. wMCO 9 * C */|' cl^s a*5 El V). xo|lQ. COV wCO -n 4) -- r-H o a. t) 4) -ul a KUIl. s -s 3 . -s WH OO 41 S " .5 hOJ 4tJ* n *j ocSOCo oCtKi. A--cCD.1 CAPCO JEN 000474-6 8220 Federal Register / VoL 48, No. 18 / Monday. January 26,1981 / Proposed Rules **4 44 e Cl o 1*4 *e o u QUANTITY OP BULK ASBESTOS HIKED OR HILLED ' 4*4 e oe *0 .H *4 C co o V Cl ' 5.S c *o *i 4> S K *2 S wg * g B .0 o g Jt. * cs M VO E 3k a ox trt V " < c ' 3 s; & s :* c t" CO O *J -- * 44 5II MifC O "4 <** c c ** X3 .5 c* P -< 3 tl - o su o Ss *4 0 4 O >4 44 0 ev -- X 44 0 * ' V 44 0 **44 4OJ O0 s% ai Cl 44 4f4 *- 0 *-- o > 44 X0 O. Cl OX 5 c < o 0 y o o w u O' <0 * 'O --- C h r y s o tile (Q ST G ra d e ) w 1 O n CM 1 CM r n s r*r4t * CO O' r o CD O' 94 O' 9> O' O' O' O' O' YEAR 1 CAPCO JEN 0004747 Federal Register / Vol. 46, No. 18 / Monday, January 26,1981 I Proposed Rules 8221 . 1 CAPCO JEN 0004-748 8222 Federal Register / .Vol. 46, No. 16 / Monday, January 26,1981 / Proposed Rules , QUANriTV OF BULK ASBESTOS OSTAIHEP CAPCO JEN 0004749 QUANTITY OF BULK ASBESTOS EXPORTED Federal Register / Vol. 46, No. 16'/ Monday. January 26,1981 / Proposed Rule's__________ .8223 lt i!1 i !1 ' I v il .! ' -I ' t; CAPCO JEN 0004-750 8224 Federal Register / Vol. 46, No. 16 / Monday, January 2B, 1981 / Proposed Rules PRIMARY PROCESSOR PRODUCTION Ob ae b b -- *> ' V co *5b* ' wo u for ob vac x *c icc *4 ee I vKb Xb o ua b *o i *a c o C -- V. *--X3 *--5 c c UM C u --mnu V9 *m b *B OttO Cb m-- A Mub y o ox x u. &.o w>o *- o X b tl* 6 ** X O fj X w (i u Xo * O OXX Wb U t E X jD fl | O C bb * -- w b x w _> r- I O 9 C r *A-- O tJ < t> O 3 8.E *9 b c o o u-x x a? - e bu w e & c -- Ob b' u 3 Ti O' bo bx c > ax -- t* e E * O TJ b b c M V > & *** t. *. cc S*X * cx E Ob ocx b *o c *j o c --b "o3 C 0X0 o - b -- e a b .c I 9b O >% S-< o 9b F C O U ff Cm IX& b e< r u C 4f 3-x *e b -- > w b > a. *o c c vwe xx u *o u o M- M- O *9 O 9 b (I o >H h XX V *3 > O' X T3 l* U K <e b b x o --b b b b cb 9DHH o v o *> o! o- s r. a *l * 8SJi b* . 9 *9 OV >> * I 9e r u 3 M ^ *J 9 h O u >*o >S 9 0*0 *o b e e o--oo. u u *j j: AO *o e u *o M X C c u *> , M- W O x X b> x x * a *> x o o u no o iJ Ch c x 4J e r w W j> x x _ ** o o x to Ob r. c x .m u n O- XX ^ Cx * 9 b c t an * X b O tJ O u <j u a 2 * T u >%x x bW > V O' --e a* X m X *92 W O .c o -* v AJ 5 E -- m o *o U 9 9 tJ v *o o e c. * o b o. iJ w o -- J VO M ) b OW K J C O-- X -* c F -- --X --J fc -- -1 Uo Cw x -- X <w o .*4 >\ ttX we--. O *M bu O J 9o < ? u 9 Xb fo gc AS o -->u AA AZ bb V xx* m M -- O *0 b bV C Ou r~> b O' o -- sc bb o aa v b Sl O t? b 4J C V *o xx e r. u x e *0 C i o > bV A >> X ,-s s- -- C-- W> -* -- o. o. ** 9 bX b */ -- r t) ce 90 * - b u e bo. u 3C* O V e * b o c o. b o. 4" g X-- < o X -< o X * 3 b> e b M- o O C C 3 bt > Ob b> b b -w ao --. -- b e c -- *9 -- X --X m o 3 b 4> O r. c w X Xb b r k. Vv co b o. 3 e& tw 3 XX X3 *o v --3 SS \T* b . O- b. e -- 3X eb KX a. *> xx b wi I "S c ObH C> 0 b *0 O E *o XbO O *o U X o Ob O *o tb b b Ob Ob9 X (2 >* -< O b OV9 E vfl tro b X ** E 3 X -- bx e Xbu oe*b b Jjj -- >b -- ib c x0c b O <7 Nb *0--0 b -- O B O O. tt -- b X O -- *g U r c C 0~> b H .s s b b* Cb -- *b* 2* n a 3X c x 2-;g r. O ^ .5 & E-SS o t: o u 9 aW. r ce . 32 *>5 Xb cO o, e o 9e 0o Xb t O b o. &X -- X u 9X O O b T7 D. C o VO O *o *o b3 b C. b 3 uo 06 9 X fA V C bb bb bO eew X5 bb X n *c CAPCO JEN 0004751 Federal Register / Vol. 46, No. 16 / Monday. January 26.1981 / Proposed Rules 8225 5e <o v4-> j u DC0 ____ ja a&n n b UUUUUU ift tv < 1. CAPCO JEN 0004752 8226 Federal Register /. Vol.-<6;/ Monday. January 26,1981 / Proposed Rules PRIMARY PROCESSOR PRODUCTION* ESTIMATE THE PERCENTAGE OF THE TOTAL VAl.t'K SHIPPED FROM TNK PLANT SITE REPORTED HERE AS PRIMARY PROCESSOR PRODUCTION: r- CAPCO JEN 0004-753 the "confidential** in the claim * mark (X ) in be included co n fid e n tia l* th a t row w ill Federal Register / VoL 46, No. 16 / Monday, January 29,1981 / Proposed Rules 8227 E s t im a t e the" percentage of the to tal value s m m . u T roh th e plant s it e reported hers As' - primary pr ixesso ^ p r o o x t I o^: TOTALU ) ANNUAL PRODUCTION I ( 4 ) VALUE SHIPPED-- THOUSANDS OF OOLLARS s toMo Ou sV) aoa. o *t0tVts-oA-c.i Pwco Xin H h* Ba X to 5! o ft. tzwo o i ao. t & < O' 1 ' - sX 9" v> o o O' CrOO*' o* O' CoOO' \D O' fs. O* CO O' o* O' ocOc' NPO-. O' r-. O' 5- Z f- o tZ- t- t- 5O' oac X B sF0-. c V. X o o UvoHWtVo>2) & o bS a. > H X w zc ee S* ac O < t/> o H <n te (0 / O' O' CoO 'O O' O' O' CO o- O' O' o r-o. O' o> O' O' O' o o O' - * to 2 to o 2 H END PRODUST SHIPPED I. to r- CO \ O' o H # the in fo rm a tio n in any row A ll inform ation H ated in youI f c la im co lu m n * ARTICLE O ) r> CAPCO JEN 0004.754 8228' Federal Register / Vol. 48. No. 16 / Monday, January 26,1981 / Proposed Rules X*u1 t i9 9 9u 9 s 2 J?S c e. si 4J 9 9o t a- -o 9c 99 *J b O9 99 9 <H C9 99 x Lm* LtcI ve g SECONDARY PROCESSOR PRODUCTION o X9 .s cu <1 S1 e .U*9* `9-m4 1ii X ' O flu K, g.P. 9 j a CL *3 tt <- V 9 3X Xo ** w K 9 X** w9 0 x9 UMM IM V 5a H 9O -O*. U (a* a Sag* x? 4uJ wB X9* *D9 ^ OU .H x9 oo, l* li s -I s SS-5 >i x>H 5ac ma.*ta> co * 9X fi V 8?- O 9 B O *0 999 a9x P 9f ^5; 9 9 g 9S 1S i 5. "8 If 9 *** X oLf > 90 99 09 a: 9 3* 9 .Hb L9> m * M 86 S I V * o 6U LI Vc XS 88 9e 9.< g 88 L* 99 tw o u *9OUao 'UCo* 99 a9 .s 99 X9 *-O< K> 9 9 LI cm ue * X X<M 9 9 Xo 8* ax a 9 r-> 99 9 SB -- 9 SB CW 9 SC uu 9O* X9 O9 UOS *9 C9 09 O. Cfl Eh 9 88 9 CH us US O Lc* Ve 99 UH *>--X {-< 'SB 99 00 00 Slug *9s ^ ausss 9 eo. 9 S-Sg 8 !S I C> C 9 *5 t? gs-,s 9 -3 I 4J 9 OP 9O g .9 9 - 9 y 9>b 9 u *a 9 9X 9 99 s 10 9 *9 99C XX 9 o *0 e C9 59 fi9 9 0 h Xa D9 00 U 9 999 X9 O p 4 e9 c 9 *1 -- m fCllfl c MM 9O 9 O. CAPCO JEN 0004-755 I Federal Register' / Vol. 46~, No. 16 / Monday, January 26,1981 / Proposedjuleg 8229 . CAPCO JEN 0004756 ESTIMATE THE PERCENTAGE OP THE TOTAL VALUE SHIPPED PROM THE PUNT S U E REPORTED HERE AS SECONDARE PROCESSOR PRODUCTION 8230 Federal Register / Vol. 46, No. 18 / Monday, January 26,1981 / Proposed Rules J f3e u MaooUZ. - ?5) i ANNUAL CONSUMPTION OF ASBESTOS ---------------STARTIHC MATERIALS 1 DELIVERED COST CENSUS UNIT (THOUSANDS QUANTITY OF MEASURE OF OOLURS) u s os vKO 9< fs. Or CO O' o* O CO O' O' vrO*On OPn".. tro* O' O' Or-' OA CO O' so O' O' ce O' O' O' o <6 CO O' O' O' CrO. O' fo*> O' o CO O' vO O' P-* O' CO O' O' O' o CO O' U) FUNCTION OF ASBESTOS IN PRODUCT SECONDARY PROCESSOR PROOtETIOH U C UO X. zM aw3C 9 e ee to Xe 4Vwi sm*p . , w 07 hto y w<*E-<* oUn Qa<t us uH Si CENSUS UNIT OF MEASURE efoct **c-< C N O --o' 9V 3 z H Ba oos* .J I QUANTITY j < J ff g os s>> ow to --tuo B^ g 5 oS S r*. O' O' 1978 s sO' O' O' O Os O' CO O' Ofv' O' CO O' <ro O' f". O' tPo" OK.' O'- O' \p>. O' O' r- O' CO O' O' | O' 00 O' SO O' X #1 Cr>O. O' O' O' O' 1C O' - - n o sr> ARTICLE # 1 CAPCO JEN 0004757 i Federal Register / Vol. 46, No. 16 / Monday, January 26,1981 / Proposed Rules S *9> vQe VB AT me at 9 ft) 8231 *i a u cc ft) <+ O *9 *O .9oe o *v3 rv, ft) U >* ft* . .C ft) y x* I M JS. <~- Oa. sj fat) **>N >,*< *OU9 .O U CL til oV >b ft) ft) KT tO SPECIFIC INSTRUCTIONS: t CAPCO JEN 0004758 8232 FederalRegister / Vol. 46, No. 16Monday. January 26,1981 / Proposed Rules IMPORTATION OF ASBESTOS MIXTURES 1 CAPCO JEN 0004759 IMPORTATION OF ARTICLE!S) CONTAINING ASBESTOS COMPOHENT(S) Federal Register / Vol. 46, No. 16 / Monday. January 26,1961 / Proposed Rules 82331 - o **. IV M *wa t> w 4) 6 Co e O 4. V 4-1 83 tC< g3*"* M M *] H w CO -- TUtS! Cc> -m 4/ o ae *uj .3 o >wy ea, ,3 4. --u Xc <*s* S 4) O 3CO4O /**>- S-S' 4' X 4-. ** s u S.-g E Cl J*C .5C W3 i 4> 3 .O 41 O * Q U ^ * w *avJ oc W IaI Oei T* CAPCO JEN 0004760 8231 ARTICLE # F* IMPORTATION OF A R T IC U (S ) CONTAINING ASBESTOS COHPONENT(S) I f you claim c o lu m n * the in fo rm a tio n in any row A ll inform ation H ated in co n fid e n tia l* th a t row w ill nark (X) in be in c lu d e d the " c o n fid e n tia l" in the claim * ------------ ffi------;-------- ARTICLE NAHE (AND TRADE M M E lS j) 0 g % >MH T25 ------------------ ra------------------ :------- TOTAL ANNUAL IMPORTS H gV) a^ VALUE u & (tf.S . DOLURS) ASBESTOS COMPONENT(S) 1976) 19771 1978 0061 0861 i Federal Register / Vol. 46, No. 16. f Monday. January 26,1981 / Proposed Rules *a4 .fMfoauoee ' . 4 OO'' OO03' iO6' fOfxx..' VOrxO.' - r* *0 (A 1 CAPCO JEN 0004761 1978 j 1979 1 1977l 1978 1979 1980| 1976 1978 1 1979 O' tfOOx.' O' COO' OO'' CoOO' C la s s ify a l l employees in to th e f o llo w iiw c n t e f lo r le a * In lte tn s 2 *5 , COUNT EMPLOYEES IN ONLY ONE CATEGORY' Federal Register / Vol. 46, No. 16 / Monday, January 26,1981 / Proposed Rules ! jj' !- ! S 00 a SB B S: B sli .. S -g B n 2 SS 35^ eos -oo at H C6 ai o. BB SB 0rs0 <0 2 01 o Rt 5a BB 2 a<0 00- 01 S B S. BO tSo1 osS-a8 os ?R" I l-J! u3 s01 roa "as #o B. S0 *= S ebb 3Bo= 40>SB "B *0- OJ o s 3iS fi- * Bo tt as o8 s s Ooo) 0o3 to fc. 5 t? S BO 0) m "v*ge u*fc-t-* ou Ie uc* ID B S HcOBSH0s&BO3 BCCOJ T3OJ (0 l 8235 rarr , * '* :ip *' I j 0" 'i/l JS& & !!?|i IT li-! t CAPCO JEN 0004762 8236 Federal Register / VoL 46, No. 16 / Monday. January 26,1981 / Proposed Rules youI f c la im the nunber o f employees to -b e c o n fid e n tia l mark (X) In the box a t the rig h t* C \_ C fc o *ci & 2. S 1. CAPCO JEN 0004763 i th a t is th e em ployee's p rim a ry assignm ent* The number o f p ro d u c tio n employee* e n te re d in item 2 o f c h a rt 15a must equal th e sum o f a l l p ro d u c tio n you counted product lin e who and employees o p e ra tio n the Che Only count counted in bweillolw *be operations lis te d o n ly one tim e and p ro d u c tio n he counted Federal Register / Vol. 46, tfo. 16 / Monday, January 26,1961 / Proposed Rules fit ft ft. S"U *-f<t fit *! .W ** c woft oW x> a* ' "O' * UK 6 . ooM*o>. o/oSt(xwefxu*fS*t*<aofuejtcocvweo. woXww* wo O W M4 Uw xIi w u* t> AJ t> u X - X r ft 9 ft a. ft -- O .9X X9 <"(< L3.* o w*1-N-wuH Ov u (ft. x*j >o* oX-oc cow c. a.-o s 8-S c: vo uo *9 u e W> *9 * x o *> o r-- 5 S.S Sfi uft AJ X C* X<1 I- V 3- 9X ft **90 AOCJ w,*> X i! s .s xmv wmw X2o *ow4 mwww fet x*o w oo mve xw -* AwwJ E u< w 6ft W O twe wo wc we . owep ii! 8a a > . S'S 31 s UwV*Hoc o--U weMc OxweftOwwto- * v ^ .MHCWeo wUO e*XW0 yg AetOeJ e* w fWit i'.2 S s sXa- wo W ft -- O o. Ox ew3* as k xM4. --Me W MO E *w3ts Xtwt >we I 0 .v mo I:i .wecwft ww w *woe. : O 3 W > OX w *fwpDrt!* WooMfWt x .fe*t xwo M w foat W* W -*4 WeO w C*XH fwt f u- e w I 3 T3 . *o oC ft cow 5 " e oaft Xowfit eft et*0 3c 93 * Vw --r? 4. -3 ' U_* VWEO *fW9t rfC.t. xee> o* xu' 4co> * - 0Oeo.-*MwP *o> c w <" o MeA mft- 0 m AftJ* 3C X3ft X W O 9 0. xwaft- .w4e5 O. Wo O Me j s.- 1*0 a 6-w1* >I ne x> ** oo J ft C h. W ft W U5 -- 9 cO- O -- iO> ue. cx awwj u* &e *j ey>o-j o anj c U c. v ft cX AJ 3ft We W Xi ft b 9 ; uo x: &w X .f..o*| O.X ,* X 6wwft S0 3W 4U-> W ^O9 9 X We --9 X o .aHj X3 ft mW oW *0 cr ww4"* XOW3 mo c w to* c** *5 M3c C Ow ovo x *-> - ae* oe b- v WVoe. ftxot! r- X V i--2** *e9 Sj: rWw? x*> g- O AJ V4Cw0. 3*wj 3 O -- X x g. * XO X> tOo 3 v1 E fwt a e < x*f5t *cAXo wccu-oe c* a/ ----3- fttt xu> c c wo * K4 *J M 3 xft e ~e w 3 --O --w C O- AJ 9C ww<owr c^e. -AwMeJ w--aejC tc-. xe w9 w3 030 ft AJ A 40 xWoc *xon eeo --ee W3 ,,o -cS.5 t S"S "a4 cUu4 >-O>* oS wv e^ - ft -- w We- -* e >-** x x l s Ce ue 3tx* xeow - t a j >OeT(--a UC o 3wbt, : xw acj -e 3 e XM wO ow w tI C bOl>ft, ou .; :i oe fwwt wiwft Coet-. Xfamct: . i &o Oarj ofrt'wefftt > e X xAJ fOit I Ob*j Me- AJ D Wo lb ft M - 8237;:.-,^! ! Jill }'il ! : For each P ro d u ct Tinn, e n te r th* number o f w orkers Jo p e rfo rm th e as p ro d u c tio n w orkers in ite m 2 o f c h a rt 15n* Rach employee is to employees lis te d below* r- CAPCO JEN 0004764 0 (2 ). PROPlETtnH EMPLOYEES Attm Kffaai 8238 __________Federal Register / Vol 46, No. 16 / Monday, January 26,1981 / Proposed Rules CAPCO JEN 0004765 CAPCO JEN 0004766 8240 Federal Register / Vol. 46, No. IB / Monday. January 26,19B1 / Proposed Rules KEASUKINC ASBESTOS EMISSIONS OR FIBER RELEASE b 9B * e cx c bo<Muo 9oa.--Oe U--9o w *j e D -- 9 b 9 jb: Ch EuO O c bB b X eS il --Ewb b O b XX B 6 a9. 9 b^ O -Co --c be m o b bb 3 O ^eV 9b b&o:^9o *e9 e o o. u a, e o 9 9 e b ,,b b c e e rs O "9 o 4J N 9 cvs >>x b 9b X--W <C9 b E9 b 9b o ee -- bo --y Ec .--S 9b be ct v* ^ ZC> jCu (< 3 II o tl V o --a o e 9b 99 * U 4) 9 O X 9X b ** 9 b b *C X 9 x O. Cb 45 *j e mmtc u o *e C b C O ** -- b pb 9 wc Jeeb - x -- ea b --e e bee oe bc x9 *v4 tmo p bo B E, b b - > *j oe e b x-- c; 9 eo. )W go C Cb 9 B O. O SOb 9b\*bb Ob be v 9 9 V O. 9 C m XX > O Kb O 9-- E S. M)t V E K O b l O [ C --9 9bb 9e OCBbOJ -- j e *o -- O O. b9 -wV S 4) e 9 to O X HbT--) X 0 b P O * -- b ^ 9 V o -- o c b 9 9 X3oX0b 999b 9 fid 9 (* r* fS"-S 999C . X b -- C Cb v 9 9 0 9 *D X b-- g 9 9 b b 9 X U- - b O b-- 9 p 9 b 9X Cue 9 U -- 9 O 9B O b b 99 b O . e 9J e b -*o 9 b V 9e 9 e O X X-- b B. b b 9 b 9, 9 O -- b bO *X 6 <b C 9e x 9 9 b e bx e b 9 3--0 X o e -- K 9 n <g erbo --0 *eo 4 9 & 9 9 9 be BO 99 9 -- Ee *9- b9--B > 9 bc 3 9 XX b 9 93 b 5 b a. ss to Xg itv .e *b a bBe 9=98 S.8 SL. -at* r- CAPCO JEN 0004-767 Federal Register / Vol. 46, No. 16 / Monday, January 26,1981 / Proposed Rules 9 ft' 9 8.5 8. P.- u Uo9 Mu *3 M b b MWg* -5II . w X** oVc aou* M_ * ^o CUUV b 4-J* OK .^**o* JJ 9b * b OO ft* -- s U 9 J b P5 * * C 9 fbt) *" U u V XU X Xc --b V *? e rO. uc >wO* *oo O>* ftl pb -*bJ U 4-> O C O *< -- b o. buft: M9M --ef OOu wft) *(J( 9 bo ft. V #kw> .fEt*/ *bo9> Jb>. b E2 : o-S e Oa foet) Cr O, E41 sM b00 e tt ft: fUt) <--*5 O9 bQft.- ..HubU X/ C. e * O b. Vb u VX 9 4J upO. uft>. XJ *> *o 4J o rb S o b b. 4J web> c Oo Xu oo Cb ft) a. r. o 9 x VV X XU *VJ S3 5 aV S' ob C bn 7b} Sft) VO UO bfXt>.*C*l eft v *9 ft) V) IM b C >, 2> SfS 8241 SPECIFIC INSTRUCTIONS: CAPCO JEN 0004.768 yt f ou d a t a th e in fo rm a tio n in anj row c o n fid e n tia l, nark. (X ) in th e " c o n fid e n tia l' column. A ll in fo rm a tio n lis te d in th a t row w ill be included in the c la im . 8242 ~ Federal Register / Vol. 46, No. 16 / Monday, January 26,1981 / Proposed Rules w wcVe4 c o fftt rWfWw-wmCts mfaOOBwt. 0 OWQ. VoJ 3* 4deob*Jj JOJ ftfAtt Hf0Cu0t>OffWfttt3 "o o X O<Hr ft 0uV<0>Uf0i0oVBt 0UJ<nOO 4 H ft ft ft ft ffVntH<f0SCCOt fOt iftfC0*P>tt X2io00Ki hPW2pBOXto fi0ltflfJOXStSUOOS-SAKft Nft fS0t wQWiWsJ-HfXw2<tJUffWftottt i (WRITS IK PRODUCT KAHE) Produce lin e (1) # Product ft tA e T* CAPCO JEN 0004769 poLumw o rra o L npui^rarr T o ta l Pags-Tfrroogh minus Q uantity O jlle c tfr i A nnually * Q u a n tity tteleasol A nnually ( f o r eacft piece o f equipment) Federal Register / Vol. 46. No. 16 / Monday, January 26,1981 / 'Proposed Rules a5p js Il| S8I ItU* it? Slfc g-s 6 Q tt C6 ^S4-J br ,.s 1*3 II* b*_? Si: '`1 "J* hIfcPmK &Q . u f- g5s u *w U*ti# c t&ir**5*i K i> >51* I fk* II c c 3S g_e.fi-! c5 e> 5 E5^" eS * 6 *% 3*r S3 T5" S-gig 5 J2.*5 6 C tUV * li .e..... gos * ^Pi*0>) -r* %> tQf #~f fCt M Cs SSJ ? i c. 88|S 81|! ijIj lsg$|O 8 S j | 8243 r. CAPCO JEN 0004770 i 8244 Federal Register, / Vol. 48, No. IB / Monday, January 26,1981 / Proposed Rules r a POLLUTION CONTROL EQUIPMENT d-lP-Ottf 3009 OMlIim i CAPCO JEN 0004771 Federal Register / Vol. 46, No. 16 / Monday. January 26, 1981 / Proposed Rules 1763.77 Reporting secondary processing end Importation of asbestos mixtures. The following EPA Form 7710-37, Reporting Secondary Processing and Importation of Asbestos Mixtures, will be completed and submitted to EPA as required in $5 763.6S and 763.71. Information must be reported on this form to the extent that it is in the possession of the respondent. (a) EPA Form 7710-37 (8-60) maiNo coos sms-si-m 8245 T- CAPCO JEN 0004772 VV'oi.8246 " FedetafRegister 48, No.'18 7-Monday, January 26,1981 / ProposedRulea svEPA REPORTING SECONDARY PROCESSING AND IMPORTATION OF ASBESTOS MIXTURES INSTRUCTIONS Form Approved OMB No. 158-R00XX The purpose of this survey is to identify the manufactured or imported products which contein asbestos. See Reporting commercial end Industrial Uses of Asbestos", 40 CFR Pert 763. WHO MUST COMPLETE THIS FORM 1. Those who are secondary processors of asbestos must complete Parts I and II of this form. Each plant site or menu* lecturing facility must be reported separately. 2. Those who are importers of asbestos mixtures or article(s) containing asbestos component(s) must complete Parts I and III of this form. DEFINITIONS 1. Asbestos Mixture - means a mixture or material to which bulk asbestos or another asbestos mixture is intentionally added. An asbestos mixture can be utilized as a finished product or incorporated into other products. Some examples of asbestos mixtures are: A/C pipe; asbestos textiles;' asbestos friction material; and asbestos paper. For importers, asbestos mixtures Include merchandise declared to the U.S. Customs Service within the numbers 518.2-518.5 of the Tariff Schedule of the United States, Annotated (TSUSA), as well as other pertinent TSUSA numbers. 2. Asbestos Component -- means any asbestos mixture. Including any finished product containing an asbestos mixture which is incorporated into an article. Some examples of asbestos components are: brake shoes in an automobile; an asbestos-reinforced plastic television cabinet; asbestos paper insulation in an appliance, garments made in whole or in part of asbestos textile(s). 3. Importer of Asbestos Mixtures or Articles Containing Asbestos Component(s) -- means a person who imports merchan dise which contains asbestos into the customs territory of the U.S. Persons who import bulk asbestos should not com plete this report, but should complete EPA Form 7710-36. 4. Secondary Processor of Asbestos -- means a person who incorporates an asbestos mixture into his product as a starting material by fabricating, modifying, or reformulating the asbestos starting material. FART I 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 form, or h8S sufficient knowledge of its content to respond to questions posed by EPA. Enter the unique Dun and Bradstreet number that is designated for the plant site or address reported here. Finally, if you import the merchandise reported here, check the appropriate box to indicate that you are either the Princi pal importer or the Agent for the Principal. Where there are two "importers" for the same shipment, the Principal rather than the Agent should report. PART It SECONDARY PROCESSOR END PRODUCTS This portion of the form must be completed by those who are secondary processors of asbestos mixtures. Secondary processors who alto produce or import bulk asbestos or who also are primary processors will not complete this form, but should complete EPA Form 7710-36., Secondary processors who also import asbestos mixtures or articles containing asbestos components must complete Part III of this form. If additional space is needed, you should use additional copies of tlris form. End Produyt(s) -- Listed in Section I are some typical terms for products made with asbestos mixtures, and repre sent some of the products made by Secondary Processors of asbestos. This list is only illustrative, and you should write In the name of your product if it it not listed. In the column under "End Productfsl", enter the code number, or write in the name, of all end products you make In which you Incorporate an asbestos mixture(s). For example, if you make wood stove that contains an asbestos mixture, enter "lOT'; If you make a toaster that contains an asbestos mixture, enter the code for an appliance and write in "toaster" next to that code in the following manner - "05. toaster". (If you process bulk asbestos fiber to make any of your products at this plant site, then you are a PRIMARY PROCESSOR. You should complete EPA Form 7710-36 if you are a Primary Processor.] .. M'xture(s) -- Listed in Section 2 are typical terms for asbestos mixtures (materials that contain asbestos), under the wlumn Asbestos Miause", and opposite the appropriate end product, write in the code number or the name of the asbestos mixture(s) that you Incorporate In each end product. For example, if you incorporate asbestos millboard Into wood stoves and toasters, your entries would be as follows: , End Product 107 05, toaster - Asbestos Mixture 03 03 EPA Form 7710-37 (M0) PAGC ton 1. CAPCO JEN 0004773 Federal Register / Vol, 46, No. 16 /.Monday, January 26,1981 / Proposed RuleB 8247-.-, ' Quintitv of Atbeitot Mixture Consumed -- Opposite each Asbestos Mixture thit Is listed, enter the quantity of each asbestos mixture that you consumed in 1980. Specify the quantity according to the unit of measure listed in Section 2 for each asbestos mixture. If the listed unit of measure It not applicable or is not known, report the quantity in short tons. If your records do not permit you to list the quantities consumed for separate end products, then report the total amount of each type of asbestos mixture that you consumed in 1980. PART III IMPORTERS OP ASBESTOS MIXTURE(S) OR ARTICLE(S) CONTAINING AN ASBESTOS COM PONENT^) . ' This part of the form must be completed by those who import an asbestos mixture or an article containing an asbestos component(s). If you import an article that contains an asbestos component, opposite the code number or name of the product, write a brief description' of the asbestos component(t). Do Not report the importation of bulk asbestos here, because if you import bulk asbestos (TSUSA Number 618.11), you must complete EPA Form 7710-36. Space is provided for up to four products. Should additional space be required, additional copies of the form should be used, Asbestos Mixture or Article -- Listed in the instructions to dlls form are typical terms for products which contain asbestos. Locate the name that best describes the product(s) you import, and enter the code(s). If you Import a product which is not listed, but you know that the product contains asbestos, write in the name of the product If the article has a trade name(s), list the trade name(s) next to the generic name of the product Quantity of Asbestos Mixture(s) or Article(s) Imported -- Record the total annual quantity imported in 1980. List these products and specify the quantity according to the unit of measure listed In Section 2. If the listed unit of measure is not applicable or is not known, report the quantity according to the unit of measure as reported to the U.S. Customs Service upon entry of the merchandise into the United States. Description of Components in Article -- List all asbestos components which are contained in the imported articles by entering the name of the asbestos component or describing the type of asbestos materials in the component opposite the name of the Product (see definitions above). For example, an imported car would be listed as an "Article", and either "brake shoes" or "asbestos-containing friction materials" would be listed as the "Asbestos Component". If you import an asbestos mixture, you do not have to complete this description. '' SECTION 1 - .TYPICAL TERMS FOR PRODUCTS MADE FROM ASBESTOS MIXTURES 01. Aerlel distress flares 02. Acoustical products 03. Aluminized cloth 04. Ammunition wsddlne 05. Appliance (specify Appliance) 06. Aprons 07. Arc daflactors 06. Rope/tape/brelding 09. Yarn/ltP 10. Wick 11. Ash trays 12. Asphaltic coatings 13. Automotive/truck body coatings 14. Automotive gaskets 15. Begs 16. Baking sheets 17. Belting 18. Blackboards 19. Blankets 20. Boiler and furnace bafflas 21. Boots 22. Brake linings, molded vehicle) 23. Brake linings, molded (heavy equip.) 24. Brake linings, woven (light vehicle) 25. Breke linings, woven (heavy equip.) 26. Buffing and polishing compounds 27. Cabla Insulation 28. Candlastleka. * 29. Carpat padding 30. Caulklng/patehlng compounds 31. Caulks, marine 32. Chemical tanks andvessals 33. Cigsrette lighter wicks 34. Clothing (other) 35. Clutch facings, molded 36. Clutch facings, woven 37. Commerclel/lnduetrlel dryer felts 38. Compressed sheet gaskets 39. Custom automotive body filler 40. Decorated building panels 41. Disc brake pads 42. Draperies 43. Drilling fluid 44. Drip cloths for moitan ceramics/ metals 45. Electronic motor components 46. Electrical resistance supports 47. Electrical switchboards 48. Elactricat switch supports 49. Elactrlcal wire Insulation 60. Filters 61. Fire doors 52. Fire hoses 63. Fireproof absorbent paper 64. Fleshing cement 65. Flat sheets 66. Flexible air conductor 67. Flooring, asbestos felt-based, sheet or tile 66. Furnace cement 69. Gaskets 60. Gaskets, metal reinforced 61. Glazing compounds 62. Gloves 63. Grommets 64. Gun grips 66. Hats and hefmats 66. Hsatsr element supports 67. Hast resistant mats, tabla pads 68. Hast shields 69. Hoods, vents 70. Injection molded plastics 71. insulation, other (specify) 72. Ironing board pads and Insulation 73. Iron rests 74. Jewelry making equipment 75. Kilns 76. Laboratory equipment 77. Lamp sockets 76. Linings for vaults, safes, humidifiers, and filing cabinets 79. Liners, pond and canal 60. Manilas, lamp or catalytic heater B1. Marina bulkheads 82. Mittens 83. Molded asbestos reinforced plastics 84. Molten metal handling equipment 86.Motor armature 86. Mufflers 87. Oven and stova Insulation 88. Overgaiters 89. Pecking 90. Packing components 91. Paints, textured 92. Phonograph records 93. Plano and organ falts 94. Pip# wrap 95. Piattar and stucco 96. Portable construction building 97. Pottary clay 98. Radiator top insulation 69. Radiator sealant 100. Pump and valve seels 101. Roof costings 102. Roofing, saturated 103. Roofing, unsaturated 104. Roof shingles 105. Rugs 106. Sleeves 107. Stove lining, coal or wood 108. Stove pipe rings 109. Suits 110. Switchboards and components 111. Tap# 112. Theater curtains or draperies 113. Thermallneulatlon 114. Tils cement 116. Transmissions end components 116. Umbredas 117. Valve, flange, tank sealing components 118. Vinyl asbestos floor tile 119. Wallboard 120. Walt/roofing panels 121. Welding rod costings 122. Other (specify) EPA Form 7710-37 (8-80) PACE SOP! CAPCO JEN 0004-774 8248 , Federal Register / Vol. 46, No. 16 / Monday, January 26,1981 / Proposed Rules SECTION 2 - TYPICAL TERMS FOR PRODUCTS MADE FROM BULK ASBESTOS PAPERS, FELTS, OR RELATED PRODUCTS 01. commercial papa? C2. rollboard 03. millboard 04. pipeline wrap 06. beeiar-add gttkatlng papar 06. hlgh-grada alactrlcal papar 07. unsatureted roofing fait 06. atturatad roofing fait 09. x>aclallty papar or fait 10. saturated papar or fait 11. corrugated papar FL1O2.OvRinyCl-OasVbEeRstIoNsGflSoor tilt 13. asbestos falt-beckad vinyl flooring ASBESTOS-CEMENT PRODUCTS 14. A/C Flpa 15. A/C Flpa, fittings 16. A/C Sheet, flat 17. A/C Sheet, corrugated 18. A/CShlngN 19. A/C Siding SUGGESTED UNITS OF MEASURE short tons abort tona abort tona abort tona abort tona abort tona abort tona abort tona abort tona abort tona abort torn square yard* quart yard! abort tona abort tona hundred aquara feat hundred aquara feat aquara* aquarea FRICTION MATERIALS 20. Brake linings, molded flifht eeMele) 21. Brake Itntnga, molded fheaey equipment) 22. Brake lining*, woven flight vehicle) 23. Braka lining*, woven (heevy equipment) 24. Dlac braka pads flight vehicles) 26. Dlac brakft peda or blocka (heavy equip.) 26. Clutch plats facing, wovan 26. Clutch plate facing, molded 28. Tranamlaaton components (automotive} 29. Friction material* for tnduatrlaf, commercial and consumer machinery TEXTILES 30. cloth 31. thread, yarn, roving, cord, rope or wick 32. tap OTHER PRODUCTS 33. Sheet Gasketing (other then beeter+dd * popart 34. Molded peeking or peeketing 35. Paints and Surface Coating 36. Resina, Adhesives end Sealants 37. Asphaltic compounds 38. Asbestos reinforced pUatlca 39. Insulation materials not elsewhere classified (rue.e.) 4a Mixed or repackaged asbestos fiber 41. Other, aa.c. (specify) cubic feet cubic feet linear feat linear feat pieces pieces pieces pieces place* cubic feat pounds pounds pounds aquara yards pounds gallons gallons gallons pounds abort tons DRAFT prVA otr^\ COMPANY NAME ______________________________________________ Form Approvtd OMB No. 15S-ROOXX U.t. ENVIRONMENTAL PROTECTION AGENCY REPORTING SECONDARY PROCESSING AND IMPORTATION OF ASBESTOS MIXTURES PART 1 COMPANY INFORMATION TECHNICAL CONTACT ADDRESS (Street, City, State, 4 ZIP Code) TELEPHONE" "" " bUN A BRAftiTRCET hl/MB^R 1MPORTEH principal Qagent PART II SECONDARY PROCESSOR END PRODUCES! From the Hit injEechon 1, enter the asbestos and product produced. Opposite each product, list the asbestos mixture that you process, and the quantity of each mixture that you consumed in I960. ENO PRODUCT(S) ASBESTOS MIXTURE(S) QUANTITY OF ASBESTOS MIXTURE CONSUMED 'V V s * *" FART III IMPORTERS OF ASBESTOS MIXTUREISI OR ARTICLED) CONTAINING ASBESTOS COMPONENTS List the asbestos mlxture(i) or articls(t) that you import ancj the quantity of aach ittm that you imported in 1980. Opposite each item, enter description of the asbestos component In the mixture arartfefe. ASBESTOS MtXTUREfS) OR ARTICLES QUANTITY OF ASBESTOS MIXTURE!*) OR ARTICLEfSj IMPORTED DESCRIPTION OF ASBESTOS COMPONENT!*} IN ARTICLE EFA Form 7710 37 (8-80) CAPCO JEN 0004775 Federal Register / Vol. 46, No. 16 / Monday. January 26,1981 / Proposed Rules ' ' . 8249 CERTIFICATION AND INSTRUCTIONS FOR ASSERTING AND SUBSTANTIATING ' :: CLAIMS OF CONFIDENTIALITY ! , ~' To assert a claim of confidentiality for information reported on this form, you must clearly circle with a red marker the information you claim to be confidential. Any information you do not claim as confidential will be included in the public record, without further notice to you. If you assert a claim of confidentiality and you substantiate that claim, EPA willdisclose the information only as provided in the Agency's, confidentiality regulations uhich appear in 40 FR, Part 2, as emended on September 8, 1978 (43 FR 39997), and March 23, 1979 (44 FR 17673), Those regulations include provisions stating that, with specific exceptions, EPA will maintain the confidentiality of information claimed as confidential until the EPA Office of General Counsel makes a final determination that certain information is not entitled to confidential -treatment. If confidentiality is denied, the submitter will receive written notice .30 days before the date that EPA will make the information available to the public. In addition to asserting claims of confidentiality, you must substantiate these claims. To do this, the person who signs the form must certify the truth and accuracy of the following four statements which apply to all information claimed as confidential. (Note: The certification is only to be signed once for the form.) 1. My company has taken measures to protect the confidentiality of the information, and it will continue to take these measures. 2. The information is not, and has not been, reasonably obtainable by other persons (other than governmental bodies) by using legitimate means (other than discovery based on a showing of special need in 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 lUJNO CODE UW-31-C 5 763.78 Sunset provision. All requirements of this rule will terminate five years after promulgation of this rule. (PR Doo. si-usr Ned 1-23-M: MS *m] BlUiNS CODE *5eO-3l-M ---- r- CAPCO JEN 0004776 Unrted States Environmental Protection Afl#neY TS 799 Washington DC 20460 Official Business Penalty for Private Use #300 rVrr, First-Class Mail Postage and Fees Paid EPA Permit No. G-35 i i r> CAPCO JEN 0004777