Document QkED8zmNgNDM8Zbmn3n1gaRYR
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Protection of Environment
PARTS 53 TO 59 Revised as of July 1, 1996
CONTAINING A CODIFICATION OF DOCUMENTS OF GENERAL APPLICABILITY AND FUTURE EFFECT AS OF JULY 1, 1996 With Anciiiaries
Published by the Office of the Federal Register National Archives and Records Administration as a Special Edition of the Federal Register
U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1996
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The Code of Federal Regulations
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Search Terms: asbestos
Title
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Revised July 1,1996
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CFR Database Search Results
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code of
, CFR Search Results
Search Databases:
Title 40 All Volumes (1996); Title 40 Volume 3 (1996)
For: "ASBESTOS" Total Hits: 40
[1]
((LIST OF AVAILABLE CFRs ONLINE)) Size: 63947 , Score: 1000 P
[2]
[1996] 40CFR763- PART 763-ASBESTOS Size: 509883 , Score: 1000 P P P)
[3]
((LIST OF AVAILABLE CFRS ONLINE)) Size: 63947 , Score: 1000 pi
[4] [1996] 40CFR55.15-- Sec. 55.15 Specific designation of corresponding onshore areas.
Size: 51965 , Score: 1000 P1
[5]
[1996] 40CFR55-- PART 55-OUTER CONTINENTAL SHELF AIR REGULATIONS
Size: 113680 , Score: 942 P fg pi
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[6] [1996] 40CFR55-- PART 55-OUTER CONTINENTAL SHELF AIR REGULATIONS-Table of Contents
Size: 113700 , Score: 942 j|g jg] |J
[7] [1996] 40CFR763-- Subpart E--Asbestos-Containing Materials in Schools
Size: 365607 , Score: 789 g g g|
[8] ,
[1996] 40CFR763.99-- Sec. 763.99 Exclusions. Size: 290191 , Score: 707 g g g
[9] , [1996] 40CFR61-- Subpart M--National Emission Standard for Asbestos
Size: 121015 , Score: 450 g
[10] ,
[1996] 40CFR61-- PART 61-NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
Size: 1207402 , Score: 373 g g g
[H]
[1996] 40CFR-- Table of OMB Control Numbers Size: 202472 , Score: 215 g g g
[12]
[1996] 40CFR763-- Subpart G--Asbestos Abatement Projects Size: 112066 , Score: 202 g g g
[13] [1996] 40CFR763.121-- Sec. 763.121 Regulatory requirements.
Size: 107432 , Score: 175 g ft] pi
[14]
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[1996] 40CFR61.157-- Sec. 61.157 Delegation of authority.
Size: 32074 , Score: 135 g g |J
-
[15] ^ [1996] 40CFR61.141-- Sec. 61.141 Definitions.
Size: 12061 , Score: 123 g g g
[16]
[1996] 40CFR427- PART 427-ASBESTOS MANUFACTURING POINT SOURCE CATEGORY
Size: 71211 , Score: 122 g g ||
[17]
[1996] 40CFR763-- Subpart I--Prohibition of the Manufacture, Importation, Processing, and Distribution in Commerce of Certain Asbestos-Containing Products; Labeling Requirements
Size: 30510 , Score: 105 g g |I|
[18]
[1996] 40CFR61.155-- Sec. 61.155 Standard for operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material.
Size: 7795 , Score: 90 g g p)
[19]
[1996] 40CFR141-- PART 141-NATIONAL PRIMARY DRINKING WATER REGULATIONS
Size: 706306 , Score: 69 g g P
[20]
[1996] 40CFR763.163-- Sec. 763.163 Definitions. Size: 5864 , Score: 60 g g g
[21]
[1996] 40CFR763.124-- Sec. 763.124 Reporting. Size: 2017 , Score: 59 g g g
[22]
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[1996] 40CFR427- PART 427-ASBESTOS MANUFACTURING POINT SOURCE CATEGORY-Table of Contents
Size: 8821 , Score: 591=|
f[23]
[1996] 40CFR427- PART 427-ASBESTOS MANUFACTURING POINT SOURCE CATEGORY-Table of Contents
Size: 8821 , Score: 59 ]J] Ig
[24]
[1996] 40CFR61.149-- Sec. 61.149 Standard for waste disposal for asbestos mills.
Size: 7804, Score: 58 ]|| H jj
[25]
[1996] 40CFR61.150-- Sec. 61.150 Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations.
Size: 7386 , Score: 58 ]j| |g j||
[26]
[1996] 40CFR763.83-- Sec. 763.83 Definitions. Size: 11216 , Score: 58 j|| |l|
[27]
[1996] 40CFR141.23-- Sec. 141.23 Inorganic chemical sampling and analytical requirements.
Size: 65267 , Score: 56 j=l 1
[28]
[1996] 40CFR427.20-- Sec. 427.20 Applicability; description of the asbestos-cement sheet subcategory.
Size: 895 , Score: 55 pi pi
[29]
[1996] 40CFR61.151-- Sec. 61.151 Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations.
Size: 6598 , Score: 54 pi IS)
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[30] _ [1996] 40CFR427.10-- Sec. 427.10 Applicability; description of the asbestos-cement pipe subcategory.
Size: 747, Score: 54 |g] jjj|
[31] [1996] 40CFR61.145-- Sec. 61.145 Standard for demolition and renovation.
Size: 18512 , Score: 54 g] ffij pi
[32] , [1996] 40CFR427.30- Sec, 427.30 Applicability; description of the asbestos paper (starch binder) subcategory.
Size: 761 , Score: 53 j|J |g| jj
[33]
[1996] 40CFR427.40- Sec. 427.40 Applicability; description of the asbestos paper (elastomeric binder) subcategory.
Size: 778 , Score: 53 jg jg fB|
[34]
[1996] 40CFR427.50-- Sec. 427.50 Applicability; description of the asbestos millboard subcategory.
Size: 790 , Score* 53 ]g jg jll)
[35]
[1996] 40CFR427.70-- Sec. 427.70 Applicability; description of the asbestos floor tile subcategory.
Size: 773 , Score: 53 jg jg jg
[36]
[1996] 40CFR427.60-- Sec. 427.60 Applicability; description of the asbestos roofing subcategory.
Size: 783 , Score: 53 jg jg jg
[37]
[1996] 40CFR763.120- Sec. 763.120 Scope Size: 1118, Score: 50 pi ffil S|
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[38] -
[1996] 40CFR61.154-- Sec. 61.154 Standard for active waste disposal sites.
Size: 8298 , Score: 50 {|J jg|
[39]
[1996] 40CFR141-- Subpart C~Monitoring and Analytical Requirements
Size: 165779 , Score: 49 g jg g
[40] r
[1996] 40CFR763.S7- Sec. 763.87 Analysis. Size: 1966 , Score: 48 g g gg
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Environmental Protection Agency
763.163
(c) Failure or refusal to permit entry or inspection as required by section 11 of the Act (15 U.S.C. 2610) is a violation of section 15 of the Act (15 U.S.C. 2614).
(d) Violator.-, may be subject to the civil and criminal penalties in section 16 of the Act (15 U.S.C. 2615) for each violation.
(e) EPA may seek to enjoin an asbes tos abatement project in violation of this part, or take other actions under the authority of section 7 or 17 of the Act (15 U.S.C. 2606 or 2616).
763.126 Inspections.
EPA will conduct inspections under section 11 of the Act (15 U.S.C. 2610) to ensure compliance with this part.
Subpart H--[Reserved]
Subpart I--Prohibition of the Man ufacture, Importation, Proc essing, and Distribution in Commerce of Certain Asbes tos-Containing Products; La
beling Requirements
SOURCE: 54 Fl 29507, July 12, 1989. unless otherwise noted.
763.160 Scope.
This subpar*. prohibits the manufac ture, importation, processing, and dis tribution in commerce of the asbestoscontaining products identified and at the dates indicated in 763.165, 763.167, and 763.169. This subpart requires that products subject to this rule's bans, but not yet subject to a ban on dis tribution in commerce, be labeled. This subpart also includes general exemp tions and procedures for requesting ex emptions from the provisions of this subpart.
763.163 Definitions.
For purposes of this subpart:
.
Act means the Toxic Substances Con
trol Act, 15 U.S.C. 2601 etseq.
Agency means the United States En
vironmental Protection Agency.
Asbestos means the asbestiform vari
eties of: chrysotile (serpentine); crocid-
olite
(riebeckite);
amosite
(cummingtonite-grunerite); tremolite;
anthophyllite; and actinollte.
Asbestos-containing product means any product to which asbestos is delib erately added in any concentration or which contains more than 1.0 percent asbestos by weight or area.
Chemical substance, has the same meaning as in section 3 of the Act.
Commerce has the same meaning as in section 3 of the Act.
Commercial paper means an asbestoscontaining product which is made of paper intended for use as general insu lation paper or muffler paper. Major applications of commercial papers are insulation against fire, heat transfer, and corrosion in circumstances that re quire a thin, but durable, barrier.
Corrugated paper means an asbestoscontaining product made of corrugated paper, which is often cemented to a flat backing, may be laminated with foils or other materials, and has a cor rugated surface. Major applications of asbestos corrugated paper include: thermal insulation for pipe coverings; block insulation; panel insulation in elevators; Insulation in appliances; and insulation in low-pressure steam, hot water, and process lines.
Customs territory of the United States means the 50 States, Puerto Rico, and the District of Columbia.
Distribute in commerce has the same meaning as in section 3 of the Act, but the term does not Include actions taken with respect to an asbestos-con taining product (to sell, resale, deliver, or hold) in connection with the end use of the product by persons who are users (persons who use the product for its in tended purpose after it is manufactured or processed). The term also does not include distribution by manufacturers, importers, and processors, and other persons solely for purposes of disposal of an asbestos-containing product.
Flooring felt means an asbestos-con taining product which is made of paper felt intended for use as an underlayer for floor coverings, or to be bonded to the underside of vinyl sheet flooring.
Import means to bring into the cus toms territory of the United States, ex cept for: (1) Shipment through the cus toms territory of the United States for export without any use, processing, or disposal within the customs territory of the United States; or (2) entering the customs territory of the United States
615
763.165
40 CFR Ch. I (7-1-96 Edition)
as a component of a product during
normal personal or business activities
involving use of the product.
Importer means anyone who imports a
chemical substance, including a chemi
cal substance as part of a mixture or
article. Into the customs territory of
the United States. Importer includes
the person primarily liable for the pay
ment of any duties on the merchandise
or an authorized agent acting on his or
her behalf. The term includes as appro
priate:
-
(1) The consignee.
(2) The importer of record.
(3) The actual owner if an actual
owner's dec! .'ration and superseding
bond has been filed in accordance with
19 CFR 141.20.
.
(4) The transferee, if the right to
withdraw merchandise in a bonded
warehouse has been transferred in ac
cordance with subpart C of 19 CFR Part
144. '
Manufacture means to produce or
manufacture in the United States.
Manufacturer means a person who
produces or manufactures in the Unit
ed States.
New uses of asbestos means commer
cial uses of asbestos not identified in
763.165 the manufacture, importation
or processing of which would be initi
ated for the first time after August 25,
1989.
Person means any natural person,
firm, company, corporation, joint-ven
ture, partnership, sole proprietorship,
association, or any other business en
tity; any State or political subdivision
thereof, or any municipality; any
interstate body and any department,
agency, or instrumentality of the Fed
eral Government.
Process has the same meaning as in
section 3 of the Act.
Processor hi.' the same meaning as in
section 3 of the Act.
Rollboard means an asbestos-contain
ing product made of paper that is pro
duced in a continuous sheet, is flexible,
and is rolled to achieve a desired thick
ness. Asbestos rollboard consists of two
sheets of asbestos paper laminated to
gether. Major applications of this prod
uct include: office partitioning; garage
paneling; linings for stoves and electric
switch boxes; and fire-proofing agent
for security boxes, safes, and files.
Specialty paper means an asbestoscontaining product that is made of paper intended for use as filters for beverages or other fluids or as paper fill for cooling towers. Cooling tower fill consists of asbestos paper that is used as a cooling agent for liquids from industrial processes and air condi tioning systems.
State has the same meaning as in sec tion 3 of the Act.
Stock-on-hand means the products which are in the possession, direction, or control of a person and are intended for distribution in commerce.
United States has the same meaning as in section 3 of the Act.
[59 FR 33208, June 28, 1994)
763.165 Manufacture and importation prohibitions.
(a) After August 27. 1990, no person shall manufacture or import the fol lowing asbestos-containing products, either for use in the United States or for export: flooring felt and new uses of asbestos.
(b) After August 26, 1996, no person shall manufacture or import the fol lowing asbestos-containing products, either for use in the United States or for export: commercial paper, cor rugated paper, rollboard, and specialty paper.
(c) The import prohibitions of this subpart do not prohibit:
(1) The import into the customs ter ritory of the United States of products imported solely for shipment outside the customs territory of the United States, unless further repackaging or processing of the product is performed in the United States; or
(2) Activities involving purchases or acquisitions of small quantities of products made outside the customs ter ritory of the United States for personal use in the United States.
[59 FR 33209. June 28, 1994[
763.167 Processing prohibitions.
(a) After August 27, 1990, no person shall process for any use, either in the United States or for export, any of the asbestos-containing products listed at 763.165 (a).
(b) After August 26, 1996, no person shall process for any use, either in the
616
v
Environmental' Protection Agency
763.171
United States or for export, any of the asbestos-containing products listed at 763.165(b).
[59 FR 33209, Jur.e 28, 1994]
763.169 Distribution in commerce prohibitions.
(a) After August 25, 1992, no person shall distribute in commerce, either for use in the United States or for export, any of the asbestos-containing prod ucts listed at 763.165(a).
(b) After August 25, 1997, no person shall distribute in commerce, either for use in the United States or for export, any of the asbestos-containing prod ucts listed at 763.165(b).
(c) A manufacturer, importer, proc essor, or any other person who is sub ject to a ban on distribution in com merce in paragraph (a) or (b) of this section must, within 6 months of the effective date of the ban of a specific asbestos-containing product from dis tribution in commerce, dispose of all their remaining stock-on-hand of that product, by means that are in compli ance with applicable local, State, and Federal restrictions which are current at that time.-.,
[59 FR 33209. June 28. 1994]
763.171 Labeling requirements.
(a) After August 27, 1990, manufactur ers, importers, and processors of all asbestos-contair.ing products that are Identified in 763.165(a) shall label the products as specified in this subpart at the time of manufacture, import, or processing. This requirement includes labeling all manufacturers', importers', and processors' stock-on-hand as of Au gust 27, 1990.
(b) After August 25, 1995, manufactur ers, importers, and processors of all as bestos-containing products that are identified in 763.165(b), shall label the products as specified in this subpart at the time of manufacture, import, or processing. This requirement includes labeling all manufacturers', importers', and processors' stock-on-hand as of Au gust 25. 1995.
(c) The label shall be placed directly on the visible exterior of the wrappings and packaging in which the product is placed for sale, shipment, or storage. If the product has more than one layer of
external wrapping or packaging, the label must be attached to the inner most layer adjacent to the product. If the innermost layer of product wrap ping or packaging does not have a visi ble exterior surface larger than 5 square inches, either a tag meeting the requirements of paragraph (d) of this section must be securely attached to the product's innermost layer of prod uct wrapping or packaging, or a label must be attached to the next outer layer of product packaging or wrap ping. Any products that are distributed in commerce to someone other than the end user, shipped, or stored with out packaging or wrapping must be la beled or tagged directly on a visible ex terior surface of the product as de scribed in paragraph (d) of this section.
(d)(1) Labels must be either printed directly on product packaging or in the form of a sticker or tag made of plas tic, paper, metal, or other durable sub stances. Labels must be attached in such a manner that they cannot be re moved without defacing or destroying them. Product labels shall appear as in paragraph (d)(2) of this section and consist of block letters and numerals of color that contrasts with the back ground of the label or tag. Labels shall be sufficiently durable to equal or ex ceed the life, including storage and dis posal, of the product packaging or wrapping. The size of the label or tag must be at least 15.25 cm (6 inches) on each side. If the product packaging is too small to accommodate a label of this size, the label may be reduced in size proportionately to the size of the product packaging or wrapping down to a minimum 2.5 cm (1 inch) on each side if the product wrapping or packaging has a visible exterior surface larger than 5 square inches.
(2) Products subject to this subpart shall be labeled in English as follows:
NOTICE
This product contains ASBESTOS. The U.S. Environmental Protection Agency has banned the distribution in U.S. commerce of this product under section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) as of (insert effective date of ban on distribution in commerce). Distribution of this product in commerce after this date and intentionally removing or tampering with this label are violations ofFederal law.
617
763.173
40 CFR Ch. I (7-1-96 Edition)
(e) No one may intentionally remove, deface, cover, or otherwise obscure or tamper with a label or sticker that has been applied in compliance with this section, except when the product is used or disposed of.
(59 FR 33209, June 28, 1994)
763.173 Exemptions.
(a) Persons who are subject to the prohibitions imposed by 763.165, 763.167, or 763.169 may file an applica tion for an exemption. Persons whose exemption applications are approved by the Agency may manufacture, im port, process, or distribute in com merce the banned product as specified in the Agency's approval of the appli cation. No applicant for an exemption may continue the banned activity that is the subject of an exemption applica tion after the effective date of the ban unless the Agency has granted the ex emption or the applicant receives an extension under paragraph (b)(4) or (5) of this section
(b) Application filing dates. (1) Appli cations for products affected by the prohibitions under 763.165 (a) and 763.167(a) may be submitted at any time and will be either granted or de nied by EPA as soon as is feasible.
(2) Applications for products affected by the ban under 763.169 (a) may be submitted at any time and will be ei ther granted or denied by EPA as soon as is feasible.
(3) Applications for products affected by the ban under 763.165(b) and 763.167(b) may not be submitted prior to February 27, 1995. Complete applica tions received after that date, but be fore August 25, 1995, will be either granted or denied by the Agency prior to the effective date of the ban for the product. Applications received after August 25, 1995, will be either granted or denied by EPA as soon as is feasible.
(4) Applications for products affected by the ban under 763.169(b) may not be submitted prior to February 26, 1996. Complete aoplications received after that date, but before August 26, 1996, will be either granted or denied by the Agency prior to the effective date of the ban for the product. Applications received after August 26, 1996, will be either granted or denied by EPA as soon as is feasible.
(5) The Agency will consider an appli cation for an exemption from a ban under 763.169 for a product at the same time the applicant submits an applica tion for an exemption from a ban under 763.165 or 763.167 for that product. EPA will grant an exemption at that time from a ban under 763.169 if the Agency determines it appropriate to do so.
(6) If the Agency denies an applica tion less than 30 days before the effec tive date of a ban for a product, the ap plicant can continue the activity for 30 days after receipt of the denial from the Agency.
(7) If the Agency fails to meet the deadlines stated in paragraphs (b)(3) and (b) (4) of this section for granting or denying a complete application in in stances in which the deadline is before the effective date of the ban to which the application applies, the applicant will be granted an extension of 1 year from the Agency's deadline date. Dur ing this extension period the applicant may continue the activity that is the subject of the exemption application. The Agency will either grant or deny the application during the extension period. The extension period will ter minate either on the date the Agency grants the application or 30 days after the applicant receives the Agency's de nial of the application. However, no ex tension will be granted if the Agency is scheduled to grant or deny an applica tion at some date after the effective date of the ban, pursuant to the dead lines stated in paragraphs (b)(3) and (b) (4) of this section.
(c) Where to file. All applications must be submitted to the following lo cation: TSCA Docket Receipts Office (7407), Office of Pollution Prevention and Toxics, U.S. Environmental Pro tection Agency, Rm E-G99, 401 M St., SW., Washington, DC 20460, ATTEN TION: Asbestos Exemption. For infor mation regarding the submission of ex emptions containing information claimed as confidential business infor mation (CBI), see 763.179.
(d) Content of application and cri teria for decisionmaking.
(1) Content of application. Each ap plication must contain the following:
(i) Name, address, and telephone number of the applicant.
618
Environmental Protection Agency
763.173
(ii) Description of the manufacturing, Import, processing, and/or distribution in commerce activity for which an ex emption is reguested, including a de scription of the asbestos-containing product to be manufactured, imported, processed, ox distributed in commerce.
(iii) Identification of locations at which the exempted activity would take place.
(iv) Length of time requested for ex emption (maximum length of an ex emption is 4 years).
(v) Estimated amount of asbestos to be used in the activity that is the sub ject of the exemption application.
(vi) Data demonstrating the exposure level over the life cycle of the product that is the subject of the application.
(vii) Data concerning: (A) The extent to which non-asbestos substitutes for the product that is the subject of the application fall signifi cantly short in performance under nec essary product standards or require ments, including laws or ordinances mandating product safety standards. (B) The costs of non-asbestos sub stitutes relative to the costs of the as bestos-containing product and, in the case in which the product is a compo nent of another product, the effect on
the cost of the end use product of using the substitute component.
(C) The extent to which the product or use serves a high-valued use.
(viii) Evidence of demonstrable good faith attempts by the applicant to de velop and use a non-asbestos substance or product which may be substituted for the asbestos-containing product or the asbestos in the product or use that is the subject to the application.
(ix) Evidence, in addition to that pro vided in the other information required with the application, showing that the continued manufacture, importation, processing, distribution in commerce, and use, as applicable, of the product will not present an unreasonable risk of injury to human health.
(2) Criteria for decision (existing products). After considering all the in formation provided by an applicant under paragraphs (d)(1) and (e) of this section, and any other information available to EPA, EPA will grant an exemption from the prohibitions in 763.165, 763.167, or 763.169 for an appli
cant's asbestos-containing product only if EPA determines both of the fol lowing:
(i) The applicant has made good faith attempts to develop and use a non-as bestos substance or product which may be substituted for the asbestos-contain ing product or the asbestos in the prod uct or use, and those attempts have failed to produce a substitute or a sub stitute that results in a product that can be economically produced.
(ii) Continued manufacturing, proc essing, distribution in commerce, and use, as applicable, of the product will not present an unreasonable risk of in jury to human health.
(3) Criteria for decision (new prod ucts). Requests to develop and use an asbestos substance or product will be treated as a petition pursuant to Sec tion 21 of TSCA.
(e) The Agency reserves the right to request further information from an exemption applicant if necessary to complete the Agency's evaluation of an application.
(f) Upon receipt of a complete appli cation, the Agency will issue a notice in the Federal Register announcing its receipt and invite public comments on the merits of the application.
(g) If the application does not include all of the information required in para graph (d) of this section, the Agency will return it to the applicant as in complete and any resubmission of the application will be considered a new application for purposes of the avail ability of any extension period. If the application is substantially inadequate to allow the Agency to make a rea soned judgment on any of the informa tion required in paragraph (d) of this section and the Agency chooses to re quest additional information from the applicant, the Agency may also deter mine that an extension period provided for in paragraph (b) (5) of this section is unavailable to the applicant.
(h) When denying an application, the Agency will notify the applicant by registered mail of its decision and ra tionale. Whenever possible, the Agency will send this letter prior to the appro priate ban. This letter will be consid ered a final Agency action for purposes ofjudicial review. A notice announcing the Agency's denial of the application
619
763.175
40 CFR Ch. I (7-1-96 Edition)
will be published in the FEDERAL REG ISTER.
(i) If the Agency proposes to approve an exemption, it will issue a notice in the Federal Register announcing this intent and invite public comments. If, after considering any timely comments received, the Agency approves an ex emption, its decision will be published in the FEDERAL REGISTER. This notice will be considered a final Agency ac tion for purposes ofjudicial review.
(j) The length of an exemption period will be specified by the agency when it approves the exemption. To extend an exemption period beyond the period stipulated by EPA, applicants must submit a new application to the Agen cy, following the application proce dures described in this section. Appli cations may not be submitted prior to 15 months be.'ore the expiration of the exemption period, unless stated other wise in the notice granting the exemp tion. Applications received between 15 months and 1 year before the end of the exemption period will be either granted or denied by the Agency before the end of the exemption period. Applications received after the date 1 year prior to the end of the exemption period will be either granted or denied by the Agency as soon as is feasible. Applicants may not continue the activity that is the subject of the renewal application after the date of the end of the exemption period.
|54 FR 29507, July 12, 1989; 54 FR 37531. Sept. 11. 1989, as amended at 54 FR 46898, Nov. 8, 1989; 59 FR 33210, June 28, 19941
763.175 Enforcement.
(a) Failure to comply with any provi sion of this subpart is a violation of section 15 of the Act (15 U.S.C. 2614).
(b) Failure or refusal to establish and maintain records, or to permit access to or copying of records as required by section 11 of the Act (15 U.S.C. 2610) is a violation of section 15 of the Act (15 U.S.C. 2614).
(c) Failure refusal to permit entry or inspection as required by section 11 of the Act (15 U.S.C. 2610) is a violation of section 15 of the Act (15 U.S.C. 2614).
(d) Violatorj may be subject to the civil and criminal penalties in section 16 of the Act (15 U.S.C. 2615) for each violation.
(e) The Agency may seek to enjoin the manufacture, import, processing, or distribution in commerce of asbes tos-containing products in violation of this subpart, or act to seize any asbes tos-containing products manufactured, imported, processed, or distributed in commerce in violation of this subpart, or take any other actions under the au thority of section 7 or 17 of the act (15 U.S.C. 2606 or 2616) that are appro priate.
763.176 Inspections.
The Agency will conduct inspections under section 11 of the Act (15 U.S.C. 2610) to ensure compliance with this subpart.
763.178 Recordkeeping.
(a) Inventory. (1) Each person who is subject to the prohibitions imposed by 763.165 and 763.167 must perform an inventory of the stock-on-hand of each banned product as of the effective date of the ban for that product for the ap plicable activity.
(2) The inventory shall be in writing and shall include the type of product, the number of product units currently in the stock-on-hand of the person per forming the inventory, and the loca tion of the stock.
(3) Results of the inventory for a banned product must be maintained by the person for 3 years after the effec tive date of the 763.165 or 763.167 ban on the product.
(b) Records. (1) Each person whose ac tivities are subject to the bans imposed by 763.165, 763.167, and 763.169 for a product must, between the effective date of the 763.165 or 763.167 ban on the product and the 763.169 ban on the product, keep records of all commer cial transactions regarding the prod uct, including the dates of purchases and sales and the quantities purchased or sold. These records must be main tained for 3 years after the effective date of the 763.169 ban for the product.
(2) Each person who is subject to the requirements of 763.171 must, for each product required to be labeled, main tain a copy of the label used in compli ance with 763.171. These records must be maintained for 3 years after the ef fective date of the ban on distribution
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Environmental Protection Agency
763.179
in commerce for the product for which the 763.171 requirements apply.
[54 FR 29507, July 12, 1989, as amended by 54 FR 46898, Nov. 8. 1989: 58 FR 34205, June 23, 1993]
763.179 Confidential business infor mation claims.
(a) Applicants for exemptions under 763.173 may assert a Confidential Busi ness Information (CBI) claim for Infor mation in an exemption application or supplement submitted to the Agency under this subpart only if the claim is asserted in accordance with this sec tion, and release of the information would reveal trade secrets or confiden tial commercial or financial informa tion, as provided in section 14(a) of the Act. Information covered by a CBI claim will be treated in accordance with the procedures set forth in 40 CFR Part Z, subpart B. The Agency will place all information not claimed as CBI in the manner described in this section in a public file without further notice to the applicant.
(b) Applicants may assert CBI claims only at the time they submit a com pleted exemption application and only in the specified manner. If no such claim accompanies the information when it is received by the Agency, the information may be made available to the public without further notice to the applicant. Submitters that claim information as business confidential must do so by writing the word ''Con fidential" at the top of the page on which the information appears and by underlining, circling, or placing brack ets ([ ]) around the information claimed CBI.
(c) Applicants who assert a CBI claim for submitted information must pro vide the Age.'ey with two copies of their exemption application. The first copy must be complete and contain all information being claimed as CBI. The second copy must contain only infor mation not claimed as CBI. The Agen cy will place the second copy of the submission in a public file. Failure to furnish a second copy of the submission when information is claimed as CBI in the first copy will be considered a pre sumptive waiver of the claim of con fidentiality. The Agency will notify the applicant by certified mail that a find
ing of a presumptive waiver of the claim of confidentiality has been made. The applicant has 30 days from the date of receipt of notification to sub mit the required second copy. Failure to submit the second copy will cause the Agency to place the first copy in a public file.
(d) Applicants must substantiate all claims of CBI at the time the applicant asserts the claim, i.e., when the exemp tion application or supplement is sub mitted, by responding to the questions in paragraph (e) of this section. Failure to provide substantiation of a claim at the time the applicant submits the ap plication will result in a waiver of the CBI claim, and the information may be disclosed to the public without further notice to the applicant.
(e) Applicants who assert any CBI claims must substantiate all claims by providing detailed responses to the fol lowing:
(1) Is this information subject to a patent or patent application in the United States or elsewhere? If so, why is confidentiality necessary?
(2) For what period do you assert a claim of confidentiality? If the claim is to extend until a certain event or point in time, please indicate that event or time period. Explain why such informa tion should remain confidential until such point.
(3) Has the information that you are claiming as confidential been disclosed to persons outside of your company? Will it be disclosed to such persons in the future? If so, what restrictions, if any, apply to use or further disclosure of the information?
(4) Briefly describe measures taken by your company to guard against undesired disclosure of the information you are claiming as confidential to others.
(5) Does the information claimed as confidential appear or is it referred to in advertising or promotional mate rials for the product or the resulting end product, safety data sheets or other similar materials for the product or the resulting end product, profes sional or trade publications, or any other media available to the public or to your competitors? If you answered yes, indicate where the information ap pears.
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40 CFR Ch. 1 (7-1-96 Edition)
(6) If the Agency disclosed the infor mation you are claiming as confiden tial to the public, how difficult would it be for the competitor to enter the market for your product? Consider in your answer such constraints as cap ital and marketing cost, specialized technical expertise, or unusual proc esses.
(7) Has the Agency, another Federal agency, or a Federal court made any confidentiality determination regard ing this information? If so, provide cop ies of such determinations.
(8) How would your company's com petitive position be harmed if the Agency disclosed this information? Why should such harm be considered substantial? '''escribe the causal rela tionship between the disclosure and harm.
(9) In light of section 14(b) of TSCA, if you have claimed information from a health and safety study as confidential, do you assert that disclosure of this in formation would disclose a process used in the manufacturing or process ing of a product or information unre lated to the effects of asbestos on human health and the environment? If your answer is yes, explain.
PART 766--DIBENZO-PARADIOXINS/DIBENZOFURANS
Subpart A--General Provisions
Sec. 766.1 Scope and purpose. 766.2 Applicability and duration of this
part. 766.3 Definitions. 766.5 Compliance. 766.7 Submission of information. 766.10 Test standards. 766.12 Testing guidelines. 766.14 Contents of protocols. 766.16 Developing the analytical test meth
od. 766.18 Methoc -- nsitivity.
Subpart B--Specific Chemical Testing/ Reporting Requirements
766.20 Who must test. 766.25 Chemical substances for testing. 766.27 Congeners and LOQs for which quan
titation is required. 766 28 Expert review of protocols. 766.32 Exclusions and waivers. 766.35 Reporting requirements.
766.38 Reporting on precursor chemical sub stances.
Authority: 15 U.S.C. 2603 and 2607.
SOURCE: 52 FR 21437, June 5, 1987, unless otherwise noted.
Subpart A--General Provisions
766.1 Scope and purpose.
(a) This part identifies requirements for testing under section 4 of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2603, to ascertain whether cer tain specified chemical substances may be contaminated with halogenated dibenzodioxins (HDDs)/dibenzofurans (HDFs) as defined In 766.3, and re quirements for reporting under section 8 of TSCA, 15 U.S.C. 2607.
(b) Section 766.35(b) requires manu facturers and processors of chemical substances Identified in 766.25 to sub mit to EPA:
(1) Any existing test data showing analysis of the chemical substances for concentrations of HDDs/HDFs, applica ble protocols, and the results of the analysis for HDDs/HDFs, (2) allegations of significant adverse reactions to HDDs/HDFs, compiled in accordance with Part 717 of this chapter, and (3) health and safety studies on the HDDs/ HDFs, in accordance with applicable provisions of Part 716 of this chapter.
(c) Section 766.35(a) requires manu facturers and, under certain cir cumstances, processors of chemical substances identified in 766.25 to sub mit letters of intent to test and proto cols for the analysis of the chemical substances for the presence of HDDs/ HDFs. Section 766.20 requires these manufacturers and processors to test their chemical substances for the pres ence of HDDs/HDFs. Any submissions must be in accordance with the EPA Procedures Governing Testing Consent Agreements and Test Rules contained in Part 790 of this chapter and any modifications to such procedures con tained in this part.
(d) Section 766.32 specifies conditions under which persons required to test may request an exclusion or waiver from testing.
(e) Deadlines for submission to EPA of protocols, reports, studies, and test results are specified in Part 790, sub part C and 766.35.
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