Document Vja5yq9QdozewnJ7ry5DxEG7Z

~ Environmental Protection Agency Asbestos Export Notification V- - i ; CAPCO JEN 0013069 37608 Federal Register / Vol. 46. No. 139 / Tuesday, July 21.19B1 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY. 40 CFR Part 707 [TSH-FRL-1881-5; OPTS 1200010 Asbestos Export Notiflication agency: Environmental Protection Agency (EPA). ACTION: Statement of clarification. summary: The purpose of this statement is to clarify the reporting responsibilities of persons exporting asbestos or mixtures containing asbestos. Under section 12(b) of the Toxic Substances Control Act (TSCA), exports of bulk asbestos must be reported. Also, mixtures containing asbestos must be reported if the mixture is in an amorphous form or if the mixture's shape must be fundamentally changed before use. FOR FURTHER INFORMATION CONTACT: John B. Ritch. Jr, Director, Industry Assistance Office, Office of Pesticides and Toxic Substances fTS-799),. Environmental Protection Agency, 401M St, SW. Washington. D.C. 20460, Toll free: (800-J24-9065), Washington. D.Cc (554-1404), Outside the USA: (Operator202-554-1404} SUPPLEMENTARY INFORMATION: I.Background -- Final regulations interpreting the requirements of section 12(b) of the . Toxic Substances Control Act were published in the Federal Register of December 16.1980 (45 FR 82844). These regulations require that any person who exports certain regulated chemical substances or mixtures must notify the Administrator of the first annual export to a. country. Exports of a substance as a bulk chemical or mixture must be reported if that substance is subject to one or more of the following TSCA rules, actions, or orders: 1. A final rule requiring submission of test data under section 4 or 5(b). 2. An order issued under section 5. 3. A proposed or final rule under section 5 or 8. 4. A pending or final court action under section 5 or 7. To date, the following chemical substances are subject to section 12(b) export reporting requirements: polychlorinated biphenyls (PCBs), fully halogenated chlorofluoroalkanes (CFCs), 2,3,7,8-tetrachlorodibenzo-p- dioxin (2.3,7.8-TCDD or dioxin). Nmethanesulfonyl-p-toluenesulfonamide, and asbestos. The provisions of section 12(b) of TSCA are self-implementing, i.e., not requiring that specific regulations for ' asbestos exports. This issue will be reporting be promulgated. However, as - discussed later in this notice. an aid to affected exporters, EPA issued interim guidance published In the - L Statement of Clarification Federal Register of June 7,1978 (43 FR ' The Agency considers the following 24818) for submitting notice'of export of .types of asbestos exports to be CFCs and PCBs--the only two reportable: substances regulated at that time. EPA (1) Bulk shipments of asbestos proposed a rule published in the Federal ' including raw spinnable fibers and Register of October 2,1978 (44 FR 56858) slivers. This includes, but is not limited to inteipret the requirements of section to, asbestos commodities exported 12(b) and to immediately supersede the ' under Bureau of Census Schedule B interim guidance. While these interim ' numbers 516.1115 (asbestos, not actions were proceeding, only PCBs and. manufactured, asbestos crudes, fibers, CFCs were subject to export reporting. - and stucco) and 516.1125 (asbestos sand However, by the time the final rule was . and refuse). promulgated, three mom substances, (2) An asbestos-containing mixture including asbestos, had become subject~ that is amorphous, Le, foe mixture to reporting. ` ./ assumes foe shape of its container (e.g, Q. EPA Received Inquiries Regarding asbestos-reinforced plastic pellets, Asbestos Exports . After promulgation of the final section I2tfj) regulations, the Agency received requests for clarification of foe' requirements for reporting exports of ' asbestos. The final section 12(b) regulations require reporting of a chemical if it is exported as the "substance" (e.g, asbestos in bulk form) or as part of a mixture. The regulations set no minimum percentage cut-off for the substance as part of a mixture. However, reporting is required only if the substance is known to be present in foe mixture. In other words, a person should not test exported mixtures to see If they contain asbestos as an impurity . (e.g, to determine whether vermiculite, talc, or water in a mixture contain asbestos fibers as an impurity). Also, one is not required to report exports of articles containing foe substance in question unless specifically so required in foe underlying section 4,5,6, or 7 asbestos-containing paints, and bags of dry asbestos-cement mix). - (3) An asbestos-containing mixture that is formed to a shape that must be fundamentally changed before use. For purposes of section 12(b) export notification only, foe Agency will not require reporting of asbestos-containing mixtures of which foe fundamental form is unlikely to change during further \ processing or end use. For example, ' ] asbestos paper by foe roll will generally be cut or trimmed for installation, butT will retain foe same basic form. Other/ examples of non-reportable asbestos-' containing mixtures include asbestoscement pipe, brake linings, sheet gasketing, unfinished asbestos textiles, and floor tiling. EPA is not requiring these mixtures to be reported because exporters will not know in all cases what foe nature or extent of foe next processing step will be for such products. action. The Agency did not require Exporters should follow foe above submission of export notices for guidelines and apply them to their asbestos-containing articles in.foe individual situations. Exporters are proposed section 6 rule. encouraged to contact foe Agency On- January 12,1980, EPA staff met concerning questions about applying the with representatives of foe Asbestos guidelines to any material to be Information Association of North exported. These guidelines are Intended America (ALA), an organization that for the purpose of interpreting TSCA represents many of foe largest US. and section 12(b) requirements for asbestos Canadian producers of asbestos and . only. They should not be taken as asbestos products. ALA stated that it. definitional precedent for other TSCA was relatively easy to identify bulk purposes. shipments of asbestos. However, companies trying to report asbestos IV. Request for Exemption exports found it difficult to distinguish As mentioned above, foe Asbestos between a reportable asbestos- Information Association requested that containing mixture and a non-reportable asbestos be exempted bom section 12(b) asbestos-containing article. In order to export reporting. respond to this concern of the asbestos First. ALA expressed its belief that industry, foe Agency decided to publish asbestos should not have been made this statement of clarification. Also,.in subject to export reporting based on foe foe meeting and in subsequent proposed section 8 Asbestos-Containing communications, ALA requested an Materials in Schools Rule (45 FR 78970). exemption from section 12(b) for According to ALA, this proposed rule CAPCO JEN 0013070 Federal Register / VoL 46, No. 139 / Tuesday. July 21, 1981 / Rules and Regulation* 37609 bean no relation to the asbestos export - made a finding that asbestos may trade. present a risk to a human health in the Second, of the 160 countries in the world, AIA identified over 100 countries to which asbestos and asbestos products were exported in I960. AIA use considered. Thus, the Agency is bound by section 12(b) to notify foreign governments of its action with respect to this substance. estimated that as many as 575 Second. EPA authority to exempt companies may be involved in the chemicals from reporting just because of asbestos export trade. As an alternative an anticipated high volume of reports is to section 12(b) reporting. AIA proposed very questionable. There is also the that EPA send a blanket notice to all question of whether such action would nations regarding asbestos. Such notice be fair to other industries affected by they contend would satisfy the section 12(b) now or in the future. For requirements of section 12(b) and lift a example, section 12(b) reports received regulatory burden from the industry. in 1980 show that CFC* were exported EPA studied AIA's request, but to at least 80 countries. Leaving aside concluded that it cannot exempt asbestos from the requirements of ' the legal questions, where would the Agency'draw the line for determining section 12(b). First, asbestos is the howmany countries justify an subject of a proposed section 6 rule. The exemption to section 12(b)? . statutory language of section 12(b) Furthermore, the alternative of a clearly requires reporting of exports of a blanket notice to all foreign substance covered by, among ffther governments would not carry out the actions, a proposed TSCA section 6 intent of Congress. The Agency regulation. It is true that the proposed interprets section 12(b) to require a link rule covers only one situation (friable of the notice to foreign governments to asbestos in schools] in which asbestos the fact of actual export or firm intent to is used. However, basic to the proposed export. A blanket notice to all countries rulemaking is the fact that EPA has regarding asbestos exports would not carry the message that the country may be actually affected by exports. V. Reconsideration of Section 12(b) Procedures In addition to the requests ofAIA that are addressed by this notice, the Agency has received a petition from the Chemical Manufacturers Association for changes in section 12(b) procedures. Also, representatives of the Synthetic Organic Chemical Manufacturers Association requested a meeting with Agency staff at which these procedures were discussed. A number of alternative approaches have been suggested to the Agency by these groups for changing the way that section 12(b) is implemented. We ere examining these approaches in light of our experience to date and the language of the statute. The Agency will consider revisions to the present procedures based on this examination. Dated: June 30,1981. Edwin a Clark, Q, . Acting AssistantAdministratorforPesticidet and ToxicSubstances. (FR Doc n-aja FiM 7-KK1: Min) SIU1NO CODE SM&4MI y ( CAPCO JEN 0013071