Document YrzkoRE17bnKeDqR1wajZe66n

< Friday July 30, 1982 . distributed n'hfh, Part VII Environmental Protection .Agency Asbestos Reporting Requirements CAP CO JEN 0012394. 33198 Federal Register / Vol. 47. No. 147 / Friday. July 30,1962 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 763 [OPTS-840043; TSH-FRL 2124-41 Asbestos Reporting Requirements AGENCY: Environmental Protection Agency [EPA). action: Final rule. summary: This final rule, under the ' authority of section 8(a) of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2607(a), requires reporting to EPA by asbestos manufacturers, importers, and processors. The information sought includes data on the quantities of asbestos used in making products, employee exposure data, and waste disposal and pollution control equipment data. Reported information will be utilized by EPA and other Federal agencies in considering the regulation ofasbestos. date: This regulation becomes effective on August 30,1982. FOH FURTHER INFORMATION CONTACT: Douglas G. Banr.erman, Industry Assistance Office (TS-799). Environmental ProtecScn Agency, Rm. E-5H, 405 M St. SW:, Washington, D.C. 2C460. Toll free: (600-424-9065). In Washington, D.C: (554-1404). Outside the USA: (Operator-202-544-1404). SUPPLEMENTARY INFORMATION: OMB Control Number (2000-0478). L Introduction EPA proposed a true in the Federal Register of January 26,1931 (46 FR 8200) under section 8(a) of the Toxic Substances Control Act (TSCA), to obtain information on industrial and commercial uses of asbestos. The Agency received 80 written comments on the proposal and held one public meeting. This preamble explains the provisions and procedures of the final rule and the changes EPA has made to reduce the burden of the rule. The basic design of the rule remains unchanged: it divides the asbestos industry into two groups for reporting purposes. EPA will require detailed information on EPA Form 7710-36, "Reporting Commercial and Industrial Uses of Asbestos," from the first group--persons who mine, mill, or import bulk asbestos, or process il to form an asbestos mixture or product, such as asbestos paper. The latter persons are called "primary' processors of asbestos." This first group must report within 90 days of the effective date of this rule. EPA will require reporting in two needed for determining the cost and phases for the second group--secondary effectiveness of potential risk-reduction processors of asbestos (secondary steps. The Agency will consider this processors of asbestos make products reported information in calculating the from asbestos mixtures, not bulk extent ofexposure from asbestos and in asbestos), and persons who import determining where the exposures asbestos mixtures or other products that contain asbestos. In the first phase, companies will have 60 days from the effective date of the rule to identify themselves and the asbestos mixtures they process or import on EPA Form 7710-37, "Reporting Secondary Processing and Importation ofAsbestos Mixtures." EPA will then select a sample of respondents from this identification phase to complete the detailed EPA Form 7710-33 in the second phase of reporting for this group. After considering the substantive comments to the proposed rule, the Agency has changed several provisions of the proposed rule to reduce the burden on repondents without significantly decreasing the value of the information that this rule will collect" The two primary changes from the proposal are (1) respondents must submit data from only 3 years on EPA Form 7710-36 and (2) the recordkeeping requirements for customer lists and monitoring data are eliminated. A full discussion of the substantive comments and EPA's responses to those comments can be found in a document entitled present an unreasonable risk. The Agency cannot now adequately determine what asbestos-containing products are currently.made and who makes them. While there are over 3,000 existing patents for applications of asbestos, there is no information on which ones have been used commercially. For example, persons who commented on the proposed reporting rule identified some products which the Agency had previously not identified as containing asbestos. Individual reports which identify firms, production sites, and asbestos products will provide an inventory of asbestos use that is not presently available. The regulatory investigation now underway is examining the separate and cumulative exposures to all types of populations that occur during production, manufacturing, use, and disposal of asbestos products. Concurrently, EPA scientists are developing a health risk assessment to use in quantitatively predicting adverse health effects resulting from exposure to asbestos. Information from this rule will "Public Comments on the Proposed permit the Agency to attribute TSCA Section 8(a) Asbestos Reporting accurately the risk ir. specific Industries Rule" which is part of the public record or from specific products to a portion of for this rule and is incorporated into this the-overall cumulative risk. The Agency document. will use the data to identify areas where II. Purpose of the Rule exposure levels should be reduced. The repons will also identify industries and This rule will obtain current products that require no further information about major aspects of consideration. asbestos manufacturing, processing, and The Agency is assessing all available importation to support the Agency's asbestos risk investigation. Under TSCA, EPA is examining the costs and' the benefits to society from all epplications of asbestos in order to - decide, within a range of potential options, what actions may be necessary to adequately protect the public health. . The investigation is considering the various Federal authorities now information and conducting factual discussions with industry. The information collected through this rule will offer a neutral basis from which the Agency can establish agreements, as appropriate, for industry to take voluntary steps to reduce the levels of risk. The Agency will encourage industry to adopt voluntary actions to regulating different aspects of asbestos ontrol exposure levels. exposures, to examine the effectiveness EPA expects to initiate regulatory of current regulatory activities. In proceedings to control exposures in addition to providing data for the TSCA cases where non-regulatory actions are investigation, this information rule will not appropriate. The Agency will support decisions on a number of examine the various Federal sistutes to potential Federal actions by providing a find the most appropriate authority to total picture of the current situation that effect the necessary control. If TSCA will help focus further activities in the provides the proper authority, the most appropriate manner. Agency may take actions to control Information obtained by this rule, specific uses of asbestos v.-hich involve along with already available data, will risks that are found to be be used to describe the exposures and "unreasonable" within the meaning of, economics of asbestos use to the extent section 6 of TSCA. The Agency may CAP CO JEN 0012395 Federal Register / Vol. 47, No. 147 / Friday, July 30, 1982 / Rules and Regulations 33199 determine that labelling of products would sufficiently reduce the risk. -If the Agency determines that regulatory measures are warranted under the authority of section 8 of TSCA. the Agency will use information from this rule to support regulatory impact analyses required under Executive Order 12291. A complete data base will allow the Agency to choose and document better the most costeffective regulatory approach. The Agency will consider all relevant information that it can reasonably obtain from the current manufacturers ar.d processors who would be most affected by regulations. A. Seedfor the Data Thi3 reporting is being required because adequate data are not otherwise available for the present investigation to determine where unreasonable risks from asbestos exist and the appropriate approaches to reduce these risks. Information that is currently available to the Agency is sufficient as the basis for qualitative generalizations about both the value of using asbestos in its various application and the risks from those activities. Yet, the Agency has no set of information that it can reference in quantifying _ either the risk horn or the value of the various products and product subcategories. Before drawing any final conclusions about asbestos, the Agency needs a data base that it can use to characterize the current situation with a greeter degree of accuracy. EPA has examined all information presently available to Federal agencies ar.d solicited information from industry prior to the issuance of this rule. Agency personnel and contractors reviewed the extensive literature concerning asbestos; obtained information from ether Federal agencies: and developed r.ew data and made site visits when possible. The search for information is described in an internal EPA document entitled. "Technical Information Summary" [TiS], which is part of the public record for this rule. The T1S summarizes the various sources of available information both in published literature and from Federal agencies, and it evaluates the usefulness of the ir.ft'tma'icn to the Agency. Additionally, the FIS describes efforts by EPA ccrri'actors to conduct necessary analyses and the problems they have encountered. Briefly, the "Technical Information Summary" contains the following conclusions about Government and industry documents that are available: While information is available generally to characterize the industries that make products from bulk asbestos, very little will characterize activities at the plant- data exist on secondary processors. site level, which will permit the Agency Further, all of the information that is to analyze how specific actions would available is inadequate in several affect various elements of the analyses. respects. The basic data source of Most of the existing information asbestos consumption patterns is from consists of estimates that are based on the Bureau of Mines. Many of the data which may not reflect the current documents concerning industrial and -situation because the data were commercial uses of asbestos cite the gathered many years ago. The most Bureau of Mines data. However, the comprehensive information available data used by the Bureau of Mines to covers the years 1975-1978, and it was determine asbestos consumption are generated to support and respond to from an annual voluntary survey of only OSHA's proposal in 1975 to lower the a portion of asbestos processors and, for asbestos workplace standaid. Present instance, do not count 40 percent of the information indicates that significant bulk asbestos we know is imported. The ' changes have occurred. For instance, the Bureau of Mines estimates that the U.S. Bureau of Mines reports that asbestos consumption figures ere apparent consumption in the United accurate only to 50 percent. EPA States of raw asbestos fiber declined 38 expects to attain a higher degree of percent in 1930, with a drop in accuracy because virtually all of the consumption from 653,347 short tons in processing of bulk asbestos will be 1976 to 358,703 short tons in 1580. reported under this rule and this Changes have also occurred in the production will be reported according to number of employees and the patterns well-defined categories of both of asbestos use. Information gathered companies and products. In addition, through this rule will ensure a EPA will be able to characterize all representative picture of the present industry segments with greater confidence from data obtained in the situation and it will update or verify where possible data that already exist representative survey. Agency contractors who have developed the preliminary analyses for the asbestos investigation participated in the design of these information requirements to ensure that any gaps and shortcomings of existing information will be corrected to the extent possible. Available information provides general characteristics of the industries which make and process asbestos products. However, the information is already in an aggregated form end discrete components cannot be separated from the totals. For instance, at this time the Agency cannot characterize many products because data about the asbestos products are mixed in aggregates with data about similar,,non-asbestos products. The underlying data of the aggregates, which are needed for the Agency analyses, are The TIS reviews EPA's search for information within EPA and from other Federal agencies. Data have been acquired from the EPA Compliance Data System Asbestos National Emission Standard For Hazardous Air Pollutants (NESHAP) file, inspection data from both the Occupational Safety and " Health Administration (OSHA) and the Mine Safety and Health Administration (MSHA). reports from CPSC's General Order (see the following paragraphs), and importer data from the U.S. Customs Sendee. The Agency has acquired anc evaluated information from these agencies, end concluded that these data do not adequately substitute for the information to be gathered by this rule. A significant source of information on exposure levels in industry is the not available in most cases. For example, the Bureau of the Census is Occupational Safety and Health Administration (OSHA). which has precluded under Title 13, U.S. Code, performed workplace inspections since from disclosing individual reports it it promulgated the workplace exposure receives. Further, the information is too level standard in 1972. OSHA records superficial to analyze separately contain a great deal of anecdotal subcategories of products. In some Information but, for the following areas, as is the case for most secondary reasons, few generalizations can be processors, existing information is too drawn about industry-wide exposure sparse to enable the Agency to make levels or the number of workers that are any but the most general estimates. exposed. Because OSHA does not The lack of detail in available uniformly inspect all industries, it is information means that the Agency is difficult to make statistically valid not able to analyze the effects that regulatory or volunlary actions on a extrapolations for all of industry. Moreover, approximately 60 percent of single product may have on a multi- OSHA's inspections are in response to product industry and to quantify complaints, and cannot be extrapolated expected reductions in risk. This rule to make industry-wide estimates. CAPCO JEN 0012396 33200 Federal Register / Vol. 47, No. 147 / Friday, July 30, 1982 / Rules and Regulations Inspections responding to complaints generally examine only the work area of concent to the complainant and, therefore, the data generally do not represent the facility-wide exposure situation. Finally, reports are available on industries in only 34 states, because the other states have been authorized by OSHA to conduct their own inspections. The Consumer Product Safety Commission (CPSC) required the manufacturers of specified consumer products to submit certain information about how asbestos is used in those products under a General Order on * December 22,1280 (45 FR 84384). The Agency is examining the submitted data where respondents did not object to CPSC's sharing the reports with EPA. This rale contains a provision whereby companies need not report the same information to EPA if it was already reported to CPSC without objection to CPSCs sharing the data. However, the data from this General Order does not fully substitute for this rule because the Agency is interested in subjects heyond what CPSC asked, such as employee exposure and plant-site emissions. Agency contractors have encountered a great deal of difficulty In performing their assessments with information that is available. A principal problem is that aggregate information about broad product categories is el! that is available. This shortcoming in available data is significant because the contractors have found large variations in the ways companies process asbestos, control emissions, and dispose of w astes. Their draft reports contain many generalities and qualify many findings by citing the unreliability of available data or the absence of certain types of data. The contractors have individually attempted to gather additional data from industry, but have found that companies are reluctant to disclose confidential business information. Agency staff have intervened by officially requesting needed information; however, very little data has been submitted as a result. B. Uses ofCollected Information The section 8(a) data will be used for analyses in the TSCA regulatory investigation and will be useful to other EPA offices and other Federal agencies. In preparation for obtaining these data, the Agency has developed plans to automate the information in a manner that wili maximize the utility of the information to the Agency, other Federal agencies, and the public. A full description ofhow the Agency plans to use the reported data including computer-generated data outputs, can be found in the Information Use Plan that is part of the public record for this rule. In the TSCA investigation, the Agency will use the information both to describe the current situation and to forecast changes either in the absence of additional regulation or as a result of new actions. Analyses will be conducted on several levels; industry wide; by product category; and product subcategory. The Agency will use reported data to prepare exposure assessments, analyses of control options, and. if necessary, regulatory impact analyses. The first analysis of the reported data will be the exposure assessment, where the operational objective is tha development of sufficient data to determine cumulative human exposures. For the exposure assessment, the rule will identify the primary processor manufacturing sources, counting both workplace exposures (numbers of workers according to their general category of work and their exposure levels by product line) and the exposures to populations living around the plant-site (environmental releases from pollution control equipment and from uncontrolled vents). The size of the exposed general population and associated exposure levels will be computed using recognized techniques to analyze environmental pathways and monitoring data that provide the basis for modeling. In a sample survey, the Agency will learn how asbestos mixtures are used by secondary.. processors, who will provide facts that characterize exposure levels for their operations, the size of their workforce, and exposures to the general population. Primary and secondary processors will report the kinds and quantities of asbestos-containing waste they generate, which will permit analysis of possible fiber release into the atmosphere from waste sites. Importers will report the tj'pes of asbestoscontaining materials that currently enter the U.S. customs territory. The Agency will relate production reports by secondary' processors and importers with existing data to estimate the kinds of populations that may be exposed during the installation, use. removal, and disposal of the end-product. This exposure assessment will be performed for each asbestos product category, and in most cases the Agency will assess exposures from product subcategories. The exposure factors will be used as input to appropriate doseresponse studies to establish a risk factor that describes the estimated number of premature deaths to all populations as a result of the asbestos activity that is assessed. In the case of asbestos, the number of premature deaths and related health care costs arc the primary societal costs that can be quantified. The assessments for each category will be considered as a whole, both to determine the overall extent or risk presented by asbestos and to attribute to each category or subcategory their portion of the total risk. As already stated, the Agency will concentrate its further efforts on products that appear to poje the greatest potential for human exposure. The risk assessment may show that the total risk is so small that no further consideration is warranted. Alternatively, it may identify a particularly hazardous, apparently unnecessary situation that the Agencymay want to investigate further, if the latter is the case, the Agency would examine the particular situation to find if there is a way to reduce the exposure levels. The particular situation could be referred to OSHA if it is a correctable workplace problejn. The Agency would also examine the situation to determine the cost and availability of substitutes. This rule will not obtain information about substitutes; the Agency believes that it already possesses sufficient information to conduct analyses of substitutes. A great deal of information about the development of substitutes has beer, submitted to the Agency since the initiation of the asbestos investigation. In addition. EPA and CPSC jointly sponsored a national workshop on substitutes for asbestos in July 1S80, where a great deal of information was presented. A record of tha workshop can be found in the EPA publication "Proceedings of the National Workshop on Substitutes for Asbestos1', EPA-S5O/3-S0-CO1, which can be acquired from the National Technical Information Service (NT3S). The Agency will also examine a hazardous situation to determine why it exists and the likelihood that it will continue. With the level of risk already defined. Agency analysts would determine the value and benefits that can be attributed to that situation. With a baseline understanding of the current economic value. Agency analysts can forecast the situation as it will be several years later if uninterrupted by regulation. Trend analysis permits the Agency to study the effects of maiket forces that encourage or discourage growth. Baseline data can be used to predict the future situation, which can then be compared to projections of regulatory effects to estimate the incremental change that could result from various regulatory options. The CAPCO JEN 0012397 Federal Register '/ Vol. 47, No. 147 / Friday. July 30, 1982 / Rules and Regulations 33201 principal economic measures that will be determined from data obtained through thi3 rule are the value of production, the importance of the asbestos activity to the total value produced at the reported sites, the number of employees, the relative value ct imports to exports, and the relative value c.r production to the Gross National Product. These measures will illustrate the monetary importance of the product to the plant site, to the company, to the total asbestos market, to the nation, and to the balance of trade. Primary processors will report the value of their production for the last three years, describing the amount made for both export and domestic markets. Data from three yean will permit analysts to U3e a multi-year average that is mere reliable than data from a single year. Primary' processors will report their consumption of bulk asbestos each year ar.d estimate the relative value of their asbestos activity to total production at the plant site. Secondary processors will report the production of end products in which they incorporate tht asbestos material and the purpose of including that material in the product. Beth types of processors will report the tetai number of employees at the plant site as well as the number of production employees making subcategories of end prndbc- With this detailed information, the Agency will be able to predict the future value of production and to establish what might be the economic effects of regulation. Where the Agency finds that regulatory proceedings are appropriate, it will, through this rale, already have collected information necessary to describe fully the expected effects of the possible alternatives and to perform the analyses required by E.0.12291-. Thus, a complete data base provided by this rule will preclude the need to obtain additional data later in the investigation, which would delay resolution of the investigation. Timely action will benefit the Agency, industry, and the public by providing a means to take immediate action that protects pubiic health and by removing a cloud of uncertainty over other uses of asbestos. The primary purpose ofgathering these data is to support the TSCA investigation. However, as noted earlier, other EFA offices and Federal agencies irav also utilize the data base in any studies that involve the commercial and industrial uses of ssbestos. EPA's Office c: Air Quality Planning and Standards (OAQPS) is reviewing the Asbestos National Emission Standard for Hazardous Air Pollutants (NESHAP), Data from this rule that characterize and quantify'emissions from stationary sources, the current economics of the industry, and its pollution control practices will be of value during the appraisal of this 1973 standard. EPA's Office of Solid Waste (OSW) may develop guidelines for the handling and disposal of asbestos-containing wastes. OSW expects to use data from this rule that quantify the kinds of waste presently generated by manufacturers and describe how and where those companies currently dispose of their wastes. Information that characterizes the kinds of asbestos-containing waste and current waste disposal practices will permit analysts to determine the relative degree of hazard posed by waste disposal activities. The Consumer Product Safety Commission (CPSC) is examining consumer products to determine what products may pose a chronic hazard to consumers. EPA has coordinated the data requirements of this rale with CPSC to eliminate duplication and to ensure that the reports will be useful to the CPSC investigation. This rule will provide a listing and quantification of imported and domestically produced consumer products containing asbestos which is not presently available. OSHA and MSHA have supported this rule throughout its development, because a current listing of companies, products, numbers of employees, and exposure levels would be very useful in reviews of the asbestos workplace exposure standards. III. What to Report 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 products, production, asbestos consumption, employees, workplace exposures, waste and disposal, pollution control equipment, and estimated quantities of asbestos emissions. Production and importation from 19791981 will be reported by category of product, rather than by individual product lines. Respondents will fill out the sections that apply to them. Each respondent is to complete the relevant sections of the form depending on the activities of the reported plant site. The instructions to the form clearly list the sections that are to be completed by miners and millers, importers of bulk asbestos, and primary processors respectively. Those persons will complete all applicable sections of the Primary Form, and will report all asbestos importation and processing activities in the first reporting phase. In addition, the Primary Form contains separate sections to be completed in a second reporting phase by a sample of persons who ere only secondary processors and importers of asbestoscontaining products. Persons from those segments who are selected to complete the Primary Form during the sample survey will complete the applicable sections (see discussion below in unit VI. "Reporting Procedures"). EPA Form 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 1S31, 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 cf asbestos mixtures that were consumed or imported in 1981 will permit EPA to gauge the present leveis of processing and importation of asbestos products. These data will be used in estimating potential worker and consumer exposure and in judging the economic consequences of alternative options. In addition, knowing the products of secondary processing will support determinations of the availability of substitutes. IV, Who Reports This rule defines who must report and what to report according to the industrial activity of the respondent during 1981. The Primary Form must be completed by all persons who nine, mill, import, or process bulk esbastos. The Secondary Form must be completed by secondary processors or persons who import asbestos mixtures or articles containing hsbestos components. Some CAPCO JEN 0012398  33202 Federal Register / Vol. 47. No. 147 / Friday, July 30. 1982 / Rules and Regulations of these persons will be selected subsequently also to complete the Ptima^ Form. This section will clarify the meaning of some of these terms that ere specific to this rule. Under this rule, a manufacturer is a parson who mines or mills (produces) bulk asbestos or a person who imports asbestcs either as bulk asbestos or as part of a product. Persons who, in addition to manufacturing, also process their products will report as both manufacturers and primary processors, as described below. This rule does not require reports by manufacturers or processors of products which contain esbestos as a contaminant or an impurity. While the Agency is concerned about the health risk posed by fibrous minerals in many ores or other products, this subject is not within the scope of the present rule. TSCA defines a processor, in part, as a person who prepares a chemical substance of mixture, after its manufacture, for distribution 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. "Secondary processors of asbestos" ara 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 ar.d then sell that product Such mixing or repackaging of fibers is considered primary processing of bulk asbestos for the purpose of this rule'. Asbestos mixtures are products to which asbestos fiber has been intentionally added and which can he used or processed further end 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 vinylasbestos. 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. A person who fabricates asbestos cement sheet'by cutting it to a specific dimension for a customer Is a secondary processor. An automobile manufacturer is a secondary processor if he incorporates asbestos felt into an automobile as a hood insulation blanket or makes heating vent ducks from asbestos paper. A paint . forraulatoi; is a secondary processor if he purchases a paint that contains asbestos and reformulates the paint by adding some agent to give the paint special properties for specific applications. A complete list of categories of asbestos-starting materials and prodacts may be found in EPA Forms 7710-36 and 7710-37. Those who import an asbestos mixture or an article containing an asbestos components) are required to identify themselves and the asbestos component(s) of the imported product. .By this requirement, EPA is attempting to determine what ashestos-containing products are being distributed to consumers and to industry. This will enable the Agency to estimate the total health risk posed by asbestos, including the risk from imported products. The Agency 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. To ease the burden on companies that import a number of products that may contain asbestos, this rule requires importers to provide information relating only to the products listed in the reporting forms. Therefore, in 6ome cases, EPA will not learn of or obtain data on all imports that contain asbestos. However, the lists of products are very comprehensive and EPA expects to obtain information on most imports that contain asbestos. Some products, such as automobiles! are deliberately omitted because the Agency can otherwise obtain necessary information. Importers should note that under (his rule, they are not required to conduct extensive research or to contact the foreign manufacturer to leam this information. Thus, under the rule, importers are required to report to the extent that this information is in their possession. This rule requires reporting by manufacturers (including importers) and processors of asbestos mixtures. Section 6(a) states that reporting by manufacturers or processors'of mixtures should be required only when the Administrator determines that it is "necessaiy for the effective enforcement" of TSCA. Those who manufacture or process asbestos mixtures are also necessarily processors of asbestos, the chemical substance. Therefore, the "effective enforcement" finding is hot needed. Nevertheless, the characterization of these products and processing activities is essential to the asbestos investigation and to the exent that such persons can be regarded as manufacturers or processors of mixtures, the Administrator finds that it i3 necessary for the effective enforcement of TSCA. For a more detailed discussion of this issue, see the preamble to the proposed rule at 46 FR 8204, which is hereby adopted, V. Exemptions From the Rule . The Agency is exempting certain classes of potential respondents from the requirements of the rule. The exemptions are designed to reduce the overall burden of the rule while still obtaining sufficient information for analyses that are planned.. AH companies employing 10 or fawer employees are exempted from the requirements of this rule. EPA estimates that over 40 percent of companies not otherwise exluded will be exempted as a result of this provision, while firms that account for approximately 97 percent of employees and sales will still be included. Further discussion of this provision can be found below in unit XIII, "Regulatory Flexibility Act" Certain secondary processors are excluded from this rule. Secondary processors are exempted if they apply, assemble, install, erect, or consume asbestos products without modifying or fabricating the asbestos products. For instance, an appliance manufacturer who installs electric motors containing asbestos components is excluded if (he motor is made elsewhere. Similarly, an automobile manufacturer need not report ths installation of pre-fabricated hood insulation blankets if no fabrication is required during installation. An airplane manufacturer would not report the application of asbestos-containing caulk. Included in this category are secondary processors who merely adjust an asbestos mixture prior to or during assembly or installation. While the Agency believes there may be risks from asbestos exposures in these categories, it expects to complete necessary analyses with estimates and extrapolations of data reported by the persons who make the asbestos-containing products that ara processed by tbe excluded industries. For example, processors Infrequently CAP CO JEN 0012399 i Federal Register / Vol. 47, No. 147 / Friday. July 30, 1982 / Rules and Regulations 33203 pre-formed brake linings during assembly with brake foundations to get a'better fit. In this case, reports from manufacturers of the pre-formed brake .rings will sufficiently quantify production of the friction material product subcategories. Exposure scenarios for the excluded industries can be quantified by relating expected exposure levels with the quantities of products' that are made. Therefore, reports from these excluded industries are not essential. This rule also exempts persons who repair articles, repackage asbestos mixtures without modification, or who engage in construction work. The Agency proposes to exempt these persons from reporting primarily because so many persons are in these categories, the workforce is constantly changing, and they are generally composed of many small businesses, such as brake repair shops and construction companies. Also, as is the case with other excluded industries, exposure scenarios for the construction and brake repair industries can be developed by relating expect exposure '.eve's with production levels reported bv rrcduct manufacturers. `Section 8(a) of TSCA does not apply to distributors of chemical substances or mixtures. Therefore, persons who are solely distributors, and do not manufacture, process; or Import, are not covered by this rule. Reporting is not required by persons who are "end users" of bulk asbestos or asbestos products and do not further distribute such items in commerce. The most common example of this is in the m.-inufacture of chlorine, where some persons use asbestos as a diaphragm to separate chlorine and caustic soca. V, hire much bulk asbestos is consumed annually by this industry and much waste generated, asbestos fiber is not present in the resultant products which are distributed In commerce and these activities are therefore not "processing" of asbestos. VI. Reporting Procedures Companies must report the activities of each plant site on an individual reporting form with one exception. That exception is that respondents have the cr'ion to report all of their company imports or exports on a single form. The form instructions explain further how this is to be done. Miners, millers, primary processors, ar.d importers of bulk asbestos must submit ali appropriate portions of the Primary Form within 90 days after the effective date of the final rule. If the respondent's activities include "secondary processing" or importing of asbestos mixtures or articles containing asbestos components, all such activities, including those at other plant sites, must be reported at the same time the person reports as a miner, primary processor, or importer of bulk asbestos. EPA will require reporting in a different way for persons who are solely secondary processors or importers of asbestos mixtures. Apparently there are many thousands of persons who are secondary processors or importers of asbestos-containing mixtures. EPA has devised a scheme to reduce the reporting burden for these companies. Persons who are solely secondary processors or importers of asbestos mixtures or articles containing asbestos components will report to EPA in phases. First, they will submit the Secondary Form within 50 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, end the kinds and amounts of mixtures and products being imported. Further reporting of the information on the primary form by some respondents will be necessary to develop more complete profiles and ' projections for regulatory analyses. The Secondary Form will not ask all respondents (estimated to comprise 5.750 reports) for the detailed information the EPA would like to consider in the risk and economic analyses. Instead, the Agency pians to have a representative sample of Secondary Form respondents report more detailed information. The Agency wants to account for 100 percent of asbestos usage, but for purposes of this analysis, and to reduce the reporting burden, the Agency has determined extrapolations can be made from less than 100 percent. EPA believes that a sampling technique can provide information that would adequately describe secondary asbestos processing and products. Sampling to decrease the number of processors required to submit additional detailed information will reduce the overall burden of additional reporting substantially. In unit VIII, "Reporting Burden", EPA estimates that Phase 2 reporting will be required from ` approximately 1500 of the Phase 1 respondents. The objective is to sample only the number necessary to meet the goal of attaining a reliable sample. EPA plans to use a stratified random sampling method as the basis for the sample survey. That is, the respondents to the Secondary' Form will be divided into non-overlapping and reasonably homogeneous strata and then sampled by stratum. The strata will be defined by all or an appropriate subset of the following variables: reported asbestos starting material, reported sbestos end p.roduct, and the volume of esbestosstarting material annually consumed. Additionally, the population may be further stratified according to size (the amount of asbestos mixture processed or imported) and geographic location, which will ensure that any sample fully represents the whole population. The type of asbestos-starting material and the asbestos end product would permit EPA to analyze a representative portion of each product category application. Consideration of the amount of the asbestos-starting material that is consumed will better ensure representation of both larger and' smaller processors of asbestos materials. . The Agency can make the final decision on which variable(s) to use in stratifying ana how large the sample will be only after examining the ` composition of the Secondary Form respondents, since the actual numbers of respondents and the products they report in the first phase will not be known until the first phase reports are submitted. The Agency will use standard statistical techniques in conducting the sample survey.1 The Agency will stratify ar.d sample respondents with the goal of minimizing the reperting burden as much as is practical. To extrapolate en estimate about a population from a sample survey requires obtaining reports from enough respondents to represent the whole population. To make an estimate about a stratum composed of a few respondents may require sampling a larger percentage than would be necessary to make`an estimate of the seme reliability about a stratum composed of a greater number of respondents. EPA will use one or a combination of the variables listed in the preceding paragraph to stratify respondents for the sample survey. The Agency will select the stratifying variable(s) which will result in the fewest number of respondents while still ensuring a reliable statistical sample. The Secondary Form respondents selected for more detailed reporting will be notified by certified letter. These pprsons will have SO days to complete relevant portions of the Primary Form. Some persons subject to reporting under this rule may be exempted from reporting certain information already 1 Kish, Leslie. Survey Sampling. New York: John Wiley. 1995. CAP CO JEN OOI2400 33204 Federal Register / Vol. 47, No. 447 / Friday. July 30, 1932 / Rules and Regulations reported to EPA or CPSC. A company which has adequately reported data to EPA will not be required to report the same information again*, and must write ` EPA" in p.'ace of the data on the form. Persons who have already reported production or importation quantities to CPSC must Mill identify themselves and the names of their products to EPA according to the requirements of this rule. However, data already reported must 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 list of persons who produce or make asbestos products has been assembled from a number.of different lists supplied by industry associations. Government agencies, and industry information that is publicly available. In addition, efforts will be made to publicize these reporting requirements widely, so that persons as yet unknown to EPA will comply with these reporting requirements. VII. Confidentiality The Agency has developed specific instructions for asserting and certifying 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 5 763.75 end 733.77 of the'rule. Any claims of confidentiality must be made at the time of submission es provided in 40 CFR Part 2 as amended September 8,1978 (43 FR , 3S297). and March 23.1979 (44 FR 17673), and in the manner specified in the reporting forms of this proposed rule. To ensure proper hendling, confidential material must be submitted to: U.S. Environmental Protection Agency, Post Office Box 2070. Rockville, MD 20852. This rule employs a simple certification method to assert a claim of confidentiality. To assert a claim of confidentiality, the respondent must mark the applicable line on.the form that contains confidential information. The respondent must certify that the' company has taken measures to protect the confidentiality of the information, that the information is not publicly available, and that disclosure of the' information would cause the company substantial competitive harm. All of these conditions must exist for any information to be confidential. - Determinations on confidentiality will be made by EPA in accordance with 40 CFR Part 2. The Agency intends to aggregate information about production, consumption, employment, and environmental release that is reported for this rule. The Agency will primarily use aggregate data for analyses necessary to support the TSCA section 6 regulatory investigation. These data aggregates and analyses will be part of the section 6 asbestos rulemaking record that is available to the public. To protect confidential information in the aggregate data sets, in most cases no data from individual reports will be released, even if they are nonconfidential. Releasing discrete data could jeopardize the aggregate data sets, because through subtraction of nonconfidential data from the aggregate it could be possible to ascertain specific confidential data. As previously stated. EPA intends to share nil reported data with other Federal agencies. Including confidential data in individual reports. However, , EPA will require that personnel from other agencies obtain a TSCA security clearance before access to confidential data is granted (See "TSCA Confidential Business Information Security Manual," Chapter 6--Security Requirements for Other Federal Agencies). Similarly, EPA will require that an agency adopt certain security procedures before confidential infonnation can be stored at that agency. VIII. Changes From the Proposal The final rule modifies several requirements of the proposed rule to ease the reporting burden, to respond to specific problems that were raised by commenters on the pioposal, or to obtain the most useful information. Further discussion of comments on the proposal and our responses can be found in a document entitled "Fublic Comments on the Proposed TSCA Section 8(a) Asbestos Reporting Rule." which is part of the public record for this rule. The final rule does not include the proposed requirement to keep lists of customers and to submit the lists at the Agency's request. Commenters convinced the Agency that that the information would be very sensitive and the requirement could be very burdensome. Also, the purpose of this rule is to characterize the industries making essentially finished goods, while most customers are "users" or distributors and. therefore, outside the scope of the present rule. Several changes to the reporting forms should be noted. The Agency has substantially reduced tne amount of requested information by requiring respondents to report production of subcalegcries of end products for only 3 years. The proposal would have ro-jui'-od production data for 5 years ' about specific end products, inciedioy trade names, nr.d data for 10 years about the importation or production of bulk asbestos. Data reported according to consistent subestegories of products will provide sufficient detail for cur analyses. The Agency believes that data for 3 years will sufficiently describe the current situation, as well as provide reliable averages for analyses. An additional change is that data on bulk asbestos fiber is required only for each type of mineral. Again, EPA is not requiring data about specific grades of chrysotile fiber because the Agency's analyses do not need that level of detail. The requirement to summarize workplace monitoring data is revised to increase the utility of the reported data and facilitate reporting. Respondents will still report only monitoring data that already exist in their files; however, they will summarize that data according to the types of end products they are reporting. The reports will be more useful to the Agency and OSHA by directly relating workplace concentration levels to the number of workers making the end product thac is reported. The final rule does not require respondents to estimate the number of hours that workers are annually exposed to the measured concentration levels. While information on the duration of exposures would be useful, commenters asserted that extensive and burdensome searches through payroll records would be necessary to locate the data. Since the reports will consist of summaries of 8-hour time-weighted averages. Agency analysts will use assumptions and other available information to calculate duration of exposures. The requirement to report air pollution control equipment has been modified at the request of EPA's Office of Air Quality Planning and Standards (OAQPS). The final rule requires respondents to answer several technical questions about each piece of ' equipment, replacing the proposal's requirement to provide the brand name and model number of each piece. The revised questions will obtain all the information necessary to estimate emissions and costs and will eliminate the need for submitters to calculate the quantities of asbestos that are released. OAQPS believes that the revisions will reduce reporting requirements while improving the usefulness of the data. EPA is including two provisions to address special problems of importers. First, importers were concerned they would be unable to identify all imported CAPCO JEN 0012401 Federal Register / Vol. 47. No. 147 / Friday, July 30, 3982 / Rules and Regulations 33205 cords '.hat contain asbestos and, Jr. re. v;c::!d not fully comply with It.: re':? This rule provides that importers need report information vlr: v'.ly io the types of products t.'-ted ;:n the form, which should cuver r.u st = :;h imports. Second, importers s=*er:i c that the requirement topiovide "Kssr.-nably sscertainabie" information c/. the Primary Form during the second chess of repo-ting could require them to i-r-rk ;r fcnr.af'on from foreign rr.nr.ul-icturers, possibly at considerable c( s:. The fine: rule requires importers to preside information "in their p-ssessicn" during both phases of reporting. IX. Reporting Burden in older to assess the clarity of the and :o ensure that data are reported in the most effective manner, the Agency conducted a pre-test of the fern riuough die Institute for Survey Research, Temple University, The respondents were members of the Asbes-os Information Association. This pre-test was quite valuable to EPA in moving the clarity and coherence of i-r--. In addition, the respondents ee.ima-.ed the cost of completing each section of the form. The final report by the Institute for Survey Research, "Design and Testing of Asbestos Use Reporting Form", is part of the public record for this rule. The pre-test was not a itatisiicaliy-based sample and only eight companies were asked to participate. Tlierefore, the resultant cost estimates could not be used directly to compute the reporting impacts of this role.'However, the pre-test results helped EPA arrive at an impact estimate. A detailed description of the rvco: ting burden estimates can be found in a report by Arthur Young & Company, "Economic impact Analysis for the T5CA Section 6[a) Rule. Reporting Commercial and Industrial Uses of Asbestos", which is part of the public record for this rule. The results of the pre-test end the reporting burden calculations ere summarized in the "Reports Impact Analysis", an internal EPA report that is available in the OPTS Reading Room. The documents cited above may be acquired by writing or ceiling the Industry Assistance Office at tie adnress ar.d telephone number given at the beginning of this notice. in unit XII c: this preamble-- "Zi amatory Flexibility Act"--EPA c -icu'.ates that 40 percent of the secondary processors will be small b.:=!r:orses ar.d will be exempt from this r.ie. Therefore, in this section costs are calculated for 5.385 secondary processors, while we estimate there may be : t Vel of 8.974 secondary processors if small businesses are counted. (These estimates arc derived from a formula used in 1976 by the Asbestos Information Association, which is described in the "Reports Impact Analysis.") in addition, EPA calculations exclude primary processors who arc known to be small businesses. However, the Agency does not calculate the cost reduction from excluding small importers because the composition of that segment is not well-defined, although it does expect that this group will contain some small businesses. Therefore, the actual reporting costs may be less than our present calculations. As already discussed, two reporting forms will be used for this rule. The Primary Form v/ill be completed by miners, millers, primary processors of asbestos, and importers of bulk asbestos in a first reporting phase. EPA estimates that for this group of respondents, a total of 487 reports would be received by the Agency. Completion of these reports would require a total of 7,500 hours, and cost approximately $230,000. Secondary processors and importers of asbestos mixtures or articles containing asbestos components will be required initially to complete the Secondary Form. The Agency estimates that it will take four hours to complete each form, at a cost of S120 per form. The Agency anticipates receiving 5,750 such reports. Therefore, the Secondary Form reporting would require a total of 23.000 hours, and would cost approximately $690,000. The Agency expects that approximately 1,500 of those persons who initially complete the Secondary Form will be selected, in a sample survey, to complete the Primary Form. The sample survey will require a total of 36.000 hours, and would cost Sl.100,000. Based on these cost estimates, and assuming a small business exclusion, EPA estimates the total cost of reporting for this rule would be $2 million, requiring 66,500 reporting hours. Using available data, an economic impact analysis of the proposed rule was performed for primary processors. Using the measure of the one-time cost as a percent of annual gross profits, the estimated impact was found to be minimal (around 0.1 percent) for even the smallest primary processors (the ones most likely to be impacted). Such an economic impact analysis was not possible for the other industry segments affected by this rule due to unavailability of data. EPA did compare the average value of shipments for four digit SIC codes for primary processors and other SIC codes likely to contain asbestos secondary processors. This comparison suggested no significant difference between primary processors ar.d ether industry segments in the size ranges of 16-19 employees and 20-43 employees. These size categories arc the smallest establishments likely to be impacted by this proposed rule and the ones most likely to experience adverse cfJeots. On this basis. EPA feels that the potential Impacts on secondary processors and others in the asbestos industry will be of a similar small magnitude as the impacts estimated fer 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 & Company, Washington. DC, October, 1980. X. Sunset Provision The general requirements of this rule will expire 5 years after the effective date of the rule. The selection and notification cf sample survey participants for Phase 2 reporting (see unit VII cf this preamble ar.d 763.71(c) of the rule) will take piece within three years after the effective date of the rule. If EPA determines that any requirements of this rule should be continued, n notice to that effect will be published for' comment. XI. Public Record EPA has established a public record for this rulemaking as defined in section 19(a)(3) of TSCA (docket number OPTS84004). The public record, elor.g with a complete index, is available for inspection in the OPTS reading room. E107, from 8:09 a.m. to 4:00 p.m. Monday through Friday, except legal holidays. (401 M St., S.W., Washington. D.C. 20460). This record contains the basic information that the Agency considered in developing this rule. The Agency will supplement the record with additional information as it is received. This record includes the following: 1. The proposed rule, published in the Federal Register ofJar.uarv 23,1981. (45 FR 8200). 2. Comments received in response to the proposed rule, including ar.y comments received from the Office of Management and Budget during Paperwork Reduction Act of 1980 review. CAP CO JEN 0012402 33206 Federal Register / Vol. 47, No. 147 / Friday, July 30, 1982 / Rules and Regulations 3. "Commercial and Industrial Use of Asbestos Fibers; Advance Notice of Proposed Rulemaking," published in the Federai Register of October 17,1979 (44 FREffl0Sl)U 4. "Commercial and Industrial Use of Asbestos Fibers. Extension of Comment Period and Announcement of Additional Control Option," published in the Federal Register of December 17,1979 (45 F 12374). 5.Cesujients received in response to the Advance Notice of Proposed Rulemaking and the Notice of Proposed Rulemaking. 6. Reports Impact Analysis of this rulemaking. 7. "Statistics for Companies with 10 or Fewer Employees" memorandum, from Chemical information Reporting Branch, October 30.1980. R."Design and Testing of Asbestos Use Reporting Form." Institute for Survey Research. Temple University. Philadelphia. PA.. June 30. I960. 9l "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. Iffi The;Technical Information Summary/ibn-ibis rulemaking. 11. The InFormation Use Pl3n for this rulemaking. 12. 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.) 13. "Public Comments on the Proposed TSCA Section 3(a) Asbestos Reporting Rule." XIL Regulatory Assessment Requirements This rule fully complies with the following regulatory assessment requirements- . A. Executive Order 12291 Under Executive Order 12291, "EPA must judge whether a regulation is "Major" and. therefore, subject to the requirement of a Regulatory Impact Analysis. EPA has determined that this legafetSsa is not. Major because it does not have an effect of SI(XT million or more on the economy and it will not affect competition, employment, or production costs. EPA estimates the total1 cost of this one-time reporting requirement is S2.0 million. This regulation was submitted to the Office ^of Management and Budget (OMB) for "review as required by Executive Order 12291. Amy comments from OMB to EPA and EPA response to those comments will be available for public inspection in the record for this rulemaking. B. Regulatory Flexibility Act The Agency has included several provisions in this rule to minimize both its overall impact on businesses and the reporting requirements for individual companies. First, EPA is exempting the smallest companies that could be subject to the rule--those companies with 10 or fewer employees. This small business exemption will eliminate reporting from over 40 percent of the companies and the Agency estimates that it will reduce the overall potential cost of the rule by $1.1 million. EPA i3 also excluding from any reporting t'.vo large segments of processors that are composed of a high percentage of small businesses--construction and brake repair companies. Including those segments would raise the overall cost of this rule by several million dollars. Second, every effort has been made to minimize the amount of data to be reported. Based on a pretest by industry and public comments, the Agency has designed the forms to require only common business information essential' to the Agency's investigation. The economic impact analysis estimates that the median cost to any single respondent submitting the long form will be S1.100, which is about 0.1 percent of the smallest company's profits. The reporting costs for many small businesses will probably be less than the median cost because they will generally report about fewer products and employees. Third, EPA will apply a sampling approach to over 90 percent of the respondents. Only a representative sample of secondary processors, which is the largest industrial segment subject to the rule and is composed of a large percentage of small businesses, will be selected for full reporting. In phase one, secondary processors will submit a short, one-page form that EPA estimates will take at most four hours (S120) to complete. The Agency will select the minimum necessary number of companies from phase one respondents to submit the long form in phase two. Utilizing this sample survey means that only S of all respondents to the rule will have to complete the long form. The Agency is including these provisions as a special consideration to small businesses. The Agency's economic impact analysis shows that this rule will have a negligible impact on any business. Therefore, in accordance with the Regulatory Flexibility Act (Pub. L. 98-354), EPA has determined that this rule will not have a significant economic impact on a substantial number of small entities. As required, EPA has consulted with the Office of Advocacy, Small Business Administration. C. Paperwork Reduction Act of 1980 As just described, the Agency has made every effort to minimize the amount of required information and the burden on respondents to the ruie. The reporting forms were pretested, the proposed requirements have been reduced in a number of ways, and 90 percent of the respondents will be sampled. Furthermore, this rale exempts entire classes of businesses in cases where the Agency believes necessary analyses can be conducted with information that is otherwise available. The Agency has prepared extensive plans to utilize fully all information that is collected through this rule. The Agency's "Information Use Plan", which is part of the public record, describes the specific uses that are planned for the required data elements. In addition, the Agency coordinated these information requirements with other Federal agencies to maximize the usefulness of reported data. The information to be reported does not duplicate efforts by other Federal agencies and the data will be useful to several regulatory agencies. An automated information system will ensure the most effective use of ` submitted data. Fully operational Agency procedures will protect confidential business information , contained in the reports. Information collection requirements contained in this regulation ( 763.71) have been approved by the Office of Management end Budget (OMB) under the provisions or the Paperwork Reduction Act of 1980.44 U.S.C. 3301 si seq., and have been assigned OMB control number 2000-0478. List of Subjects in 40 CFR Part 763 Environmental protection. Hazardous materials, Recordkeeping and reporting requirements. Asbestos. Dated: ]uly 23,13B2. Anne At. Gorsuch, Administrator. PART763--ASBESTOS Therefore, 40 CFR Part 763 is , amended by adding a new Subpart D to read as follows: Subpart A-C--{Reserved] Subpart D--Reporting Commercial and industrial Uses of Asbestos Sec. 763.60 Scope and compliance. 763.63 Definitions. CAP CO JEN 0012403 Federal Register / Vol. 47, No. 147 / Friday, July 30, 1982 / Rules and Regulations 33207 763.53 Who must report. 703.7: Schedule for reporting. 7-03.74 Confidential business information. 703.75 Reporting commercial and industrial use of asbestos. 750.77 /.-.porting secondary processing and importation of asbestos mixtures. 753.73 Sunset provision. Authority: Sec. 6(a) Toxic Substances Control Act (TSCA), Pub. L. 34-569,90 SUL 2023, (15 U.S.C. 2507(c)). Su'opart D--Reporting Commercial and Industrial Uses of Asbestos 7E3.S0 Scope and compliance. (a) This rule requires reporting by persons who manufacture, import, or process asbestos. Different reporting requirements are imposed depending on the person's activity. Manufacturers, importers and processors of commercial and industrial asbestos fiber must report quantity, use. and exposure information. 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 additicna: information if they are selected as respondents in a sample survey. fa) Subsection 15(3) of TSCA makes it unlawful for any person to fail or refuse to submit information required under this rule. Section 16 provides that a vioialien of section 15 renders a person liable to the United States for a civil per.altv and possible criminal prosecution. Under section 17, the district courts of the United States have jurisdiction to restrain ar.y violation of "section 15. 5 733.63 Definitions. The definitions in section 3 of TSCA and the following definitions apply for this ruie: (a) "Asbestos" means the asbestiform varieties of: chrysotile (serpentine): crocidoiite (riebeckite): amosita (cummingtonite-grunerite): ar.thcpbyJliie: tremolife; and actinolite. (b) "Asbestos mixture" means a mixture which contains bulk asbestos or another asbestos mixture as an intentional component. An asbestos mixture may be either amorphous or a . sheet, cloth fabric, or other structure. This term does not include mixtures w Vch contain asbestos as a runtaminant or impurity. fc) The term "bulk asbestos" means any q janrity of asbestos fiber of any tyre or grade,, or combination of types or grades, shat Is mined or milled with the purpose of obtaining asbestos. This term doc-s not include asbestos that is produced or processed as a contaminant or an impurity. (d) "EPA" means the United States Environmental Protection Agency. (e) "Importer" means anyone who imports any chemical substance, including a chemical substance as part of a mixture or article, into the customs territory of the U.S. and includes the person liable for the payment of any duties on the merchandise, or an authorized agent on his behalf. Importer also includes, as appropriate: (1) The consignee. (Z) The importer of record. (3) The actual owner if an actual owner's declaration and superseding bond has been filed in accordance with IS CFR 141.20. (4) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred in accordance with Subpart C of 19 CFR Part 144. For the purpose of this definition, the customs territory of the U.S. consists of the 50 states. Puerto Rico, and the District of Columbia. (f) "Known to or reasonably ascertainable by" means all information in a person's possession or control, plus all information that a reasonable person might be expected to possess, control, or know, or could obtain without unreasonable burden or cost (g) "Manufacture for commercial purposes" means to import, produce, or manufacture with the purpose of obtaining an immediate or eventual commercial advantage for the manufacturer and includes, among other things, such "manufacture" of any amount of a chemical substance or mixture: (1) For commercial distribution, including for test marketing, and (2) For use by the manufacturer, including use for product research and development, or as an intermediate. "Manufacture for commercial purposes" also applies to substances that are produced coincidentally during the manufacture, processing, use, or disposal of another substance or mixture, including both byproducts and coproducts that are separated from that other substance or mixture, and impurities that remain in that substance or mixture. Byproducts and impurities may not in thamselvcs have commercial value. They are nonetheless produced for the purpose of obtaining a commercial advantage since they are part of the manufacture of a chemical product for a commercial purpose. (h) "Miner of asbestos" is a person who produces asbestos by mining or extracting asbestos-containing ore so that it may bo further milled to produce bulk asbestos for distribution in commerce, and includes persons who conduct milling operations to produce bulk asbestos by processing asbestoscontaining oto. Milling involves the separation of the fibers from the ore, grading and sorting the fibers, or fiberizing crude asbestos ore. To nine or mill is to "manufacture" for commercial purposes under TSCA. (i) "Person" means any natural person, firm, company, corporation, joint venture, partnership, sole proprietorship, association, or any other business entity, any State or political subdivision thereof, any municipality, any interstate body, and any department, agency, or instrumentality of the Federal Government. (j) "Primary processor of asbestos" is a person who processes for commercial purposes bulk asbestos. (k) "Process for commercial purposes" means the preparation of a chemical substance or mixture, after its manufacture, for distribution in commerce with the purpose of obtaining an immediate or eventual commercial advantage for the processor. Processing of any amount of a chemical substance or mixture is included. If a chemical or mixture containing impurities is processed for commercial purposes, then those impurities are also processed for commercial purposes. (l) "Secondary processor of asbestos" is a persen who processes for commercial purposes an asbeslos mixture. (m) "Site" means a contiguous property unit Property divided only by a public right-of-way shall be considered one site. There may be more than one manufacturing plant on a single site. (r.) "Small manufacturer, processor, or importer" means a mar.ufactureror processor who employed no mere than 10 full-time employees at any one time in 1SE1. 763.65 Who must report. (a) Persons who were miners or primary processors of asbestos, or importers of bulk asbestos in 1981 must complete and submit a separate F.PA Form 7710-36, Reporting Commercial and Industrial Use of Asbestos (see 763.76). for each site and for each company activity not elsewhere reported, according to the schedule in 763.71. When two or more persons meet the definition of "importer" fer the same shipment, the principal in the transaction, not his agent or agents, shall report. (b) Persons who were secondary processors of ar.bcstcs in 1961 must complete ar.d submit Parts I and II of EPA Form 7710-37, Reporting Secondary CAPCO JEN 0012404 332C3 Federal Register / Vol. 47, No. 147 / Friday. July 30. 1982 / Rules end Regulations Processing and Importation of Asbestos Mixtures (see 5 763.77), for each site or activity, according to the schedule in S 763.71. (c) Persons who were importers in 1981 of asbestos mixtures or articles containing asbestos components must complete and submit Parts I and III of EPA Form 7710-37, Reporting Secondary Processing and Importation ofAsbestos Mixtures, according to the schedule in 1763.71. When two or more persons - meet the definition of "importer" for the same shipment, the principal in the transaction, not his agent(s), shall report (d) Secondary processors of asbestos and importers of asbestos mixtures or articles containing asbestos components must complete and submit a single SPA 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) in accordance with a general order dated Dec. 22,1930 (45 FR 84364). may be referenced in the appropriate place on the form and need not ba submitted unless the respondent has informed the CPSC of his objection to any sharing of the data with EPA. Information for 1581 which was not required by CPSC must be reported on the EPA forms. (f) The following persons are not subject to 763.65 and 763.71. (1) Secondary processors of asbestos, to the extent that they process an asbestos mixture to repair articles, to construct buildings or other such construction activities, or to apply, assemble, install, erect, consume, or repackage the mixture without modification. (2) Persons who are small manufacturers, processors, or importers, as defined in 763.63(n). 7S3.7t Schedule for reporting. (a) All miners, primary processors, and importers of bulk asbestos subject to reporting under 763.65(a) shall subm't required data on EPA Form 771036 within 90 days after the effective date of this rule. ' (b) All secondary processors and - , importers subject to reporting under 763.65 (b) and (c) shall submit required data on EPA Form 7710-37 within 60 days after the effective date of this rule. (o) 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 90 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. 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.oran 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 or imported. 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 or respondents possible while still meeting the EPA needs for statistically sound data. If there are insufficient numbers of respondents in a group to perform a statistically sound sample survey, then ail of the respondents in that group may be required to complete EPA Form 771936. A standard random Selection technique will be employed to select persons who will be required to complete ar.d submit EPA Form 7710-38. Notification shall be sent by certified letter, signed by the Office Director, Office of Toxic Substances, and will have attached copies of this rule and EPA Form 7710-38. Letters of notification will be sent by EPA no later than three years after the effective date of this rule. (d) EPA Form 7710-36 ar.d EPA Form 7710-37 can be obtained by writing or telephoning: Industry Assistance Office. Office of Pesticides and Toxic Substances (TS-799), Washington, D.C. 20480. Toll free: (800424-9065), In Washington call: (554-1401). (e) Completed forms must be mailed to: U.S. Environmental Protection Agency, Post Office Box 2070, Rockville, MD. 2C852. 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 ferm. EPA will disclose information covered by a claim only as provided in procedures set forth in 40 CFR Part 2. (b) Certification 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 certified claim accompanies a document at the rime 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 Keoorting commercial and industrial usee cf asbestos. The ioilowing EPA Form 7710-36. Reporting Commercial and Industrial Uses of Asbestos, will be completed snd submitted to EPA as required in IS 763.65 ar.d 763.71. lnformatfan must be reported cn this form to the extent that i: is known to cr reasonably oscariuineV.e by the respondent, except for importers- Importers must report information on this form to the extent that it is in the possession of the respondent (a) EPA Form 7710-36 (5-80). [insert forml (b) [Reserved] SILLING CODS S5W-5S-U CAPCO JEN 0012405 i Federal Register / Vol. 47, No. 147 / Friday. July 30,1982 / Rules and Regulations &EPA Un*4 S<*tM Cwnomrtft* PtWK|ift Aqtr<t REPORTING COMMERCIAL AND INDUSTRIAL USES OF ASBESTOS OUIM KMa ----*a4 m>J iM*tmlt: ;^ao IW U.t. Crr*>r<wr>*n1l frttftCtfftn Aprcr F.O.Sft* 2070 ftoekvll**, MO 20212 F't': IS t'WAtSM'CiniTtaKfOCt'll'lKvAUlM'B'itWptflUKpt'i vf S*ftvMy?v***/ 4j!MW.KI tMIflOvtm ^HinFClC'IW^ , M* *.'. c.'Jm5tr*V**/v*3<A,OC ;(JG/554 1*04. * -<*. K- > j^Vvtxpr.t+Y*oci<.knp^ttr*or ibt*nt**two * *ocy?*'e*>:<< `*-w** . \-t . j;tC3', Abwaw Pftc*vo r* t,son4n^ A&*m** Immkk.4 ...upon w v-ttv*. C*a 'm*** 7/10 3*. v* : ; v:<*,s*-.*,*i'etPv'nf*A **4C>CR J<-3 pvtOI _ All). OISPONOfNT fCENTlfIC4TIO-* > * *.* v-.ir.rtou l.. 3 4 rv-r*** i* >re~.K-* As**4 tP*A*<*4*nC i-Sd4* ft* iftt &**? r-..... . *o t^***c*> (V'r;r"v -l<* tr * *f**" **p w*t 33209 j__________________________________ At:}. StSPQNOENT ACTIVITY | 6. .j* '* <*./ *> *io^ tv* jW*-a - *s- xj'A'ft soc ** eo t*> c.*-.v7>?n t**o* fr &** . rr"r * ** :r*i Ov*< on i*v 4n >ou itxm ** >**t ro-w*** :* po^.wo* .> >, *<'* ;**: !--.:<<.* * t.i :> t*w yovrrj } ai.j* iv-v iMwxni^.o ijI'-vt.itei"a<' ;a .i^rosi**n*r*rv#s*<*r.i* *,<!.-.;VvMtti>r^;rectao> 'xn**** :<>* v#n0j xtftntft'sft'Mttlft' A piB'MTV C* 'Tpft'Ur* ft* biA* &*:* <ltf*00t <>*.*t*1tftXt>V (*< *t lt i-'fl, *- L >: f-XJ KWyf>Sl *'.* *0"**' * ft tt K3 ?"2 - Co*8!t 9*t A. 3 U. G. K I. J. K 3'. H C* P.'fnvy3CMy - Co<npl*tt?4<'*.sA.C.G.H.i..K!&Oi.;fse-:ftt*t ! tj is-ocnf*cfMuMiim -- p**t*A.6t2i!fi(3:.iftecta*} i U Srwx.`*ry proomor -- Conx>*tft *rn A. 0. G. H. 1, J. K { D import**o*<tasinmiam - Ce^piatr>*<3AartfE | C o* *i:*c`biI e.T'iiBV'fl y-DyAftr>rtt} -- Cv^iaxt p^ts A *r>dF AC3I. C*7IF,CATt04< ?OA CLAIMS OF eO^FIOSVTIAUTT 5 **<r. n ry Bfiy T,0'>--for VOO wV>Nt m lorfn. T*- wtryin}! T'r.'ACIv^n On Fe *o c'B "IS C* I wucBn.?''*"> * < >4 J* j ^ *. * *^ *, 't4- :sS u-.r *-r :+>*'* v. -:~M'T `'a* !>A^rnyU^yt to J'J'evt } W -'c I i'*on > i^3t. ync -V *< i: rASf"t*v Lt|A'^.e> >n kC-c a<s>iI.aw.c^l J 5n S*TCI p-JOINS'4 <wA.*^4 S* ,t,.t /-'w--.Vo--* :t*` : 7 S^.T f^BC* . **Ae** ^.C-x^r-s* :o f"V**0 'n~t- T-n D>yJ-Ti fc L.V-^5 1 io^sk.v'j <>'t. ; i i~ ( *.4a 4 :*0 .t;. . ; { j ; - |. . ...*a 1 .A* C^.^-A C*r(v`~ C^`t* Dill. PRODUCTION OF 3CLN ASAJSTOS Ov.`*TiTr::fcV.<A5>rr.jVA<lOC*'AJ3 tu^ i.'t a*-o `.ftv'li{* > -vw ,* IS79l*w.- 'S tA>t * *l C-aicr**# *n-V* , ` MB.<n . 1 l !25. JM?0TATIC< OF SULX A58ST0S ciiAstiT* oe^ixAs/tsios i C-o4';> 4tFDAl" ,A CFfwf |m| Aniit | A^ni^ | [3 ILVl'Cl ia'B4# r>i'ci jvaiii -\r- , -:-------------------- ------------- W>"* t "* .* 1 r'' <* ^v*.ov* 771S-34 t-'.s :> 0(3) EXPORTATION Of BULK ASSESTC5 CUASTJTT OF 6'X4 <.;KS'OS Cx^HC till. j '....................i 1 _______________________ i K-lti-t *% ID"* 1 A-Mb*,*!. v>n'(( . 1 i: 1 -- l.vf/liVl'd - !v>4*<- 1 .' CAP CO JEN OOI2406 33210 Federal Register / Vol. 47, No. 147 / Friday. July 30.1932 / Rules and Regulations [-if * C. PRIMARY PROCESSOR PRODUCTION WomuYOA forMCft twfn0procSttAJt fw*?tw0 htcu>n** CU^ty V**j> **0 9^9wcsm t**e'ot*K`- UN*. W *<#> * k rc x>.V*' >_1 0I2.1 --`TM~' 1 t-,. 1 ( C--Cr^w* Tf^* e* hum rw 111 QCmmwi Q Tmmn 1*30 QmM D ftCTMM* 1991 Ooiwm Ojmim* cmMiDtMw 1979 1990 O iMMf O <CtMK 1991 1 >79 liW D hunt 1991 OuMir d fSft*tnftJ I9* Ul ! tnw^rIlnl dto^ C**rt*r I ur**-*w* Oo*f (kWft --------------- 1i----------------;j----- i 1 It jt 1 1IJft..AKCC x 77 S^r }wm>fWw7>M-w4 *1 * CC**w**i WfMI D.WCARY PROCESSOR PRODUCTO* Eagiwyr<^*<ot49:*->ft >?4>* Kym4non*e(Mcftrrfr*o<rd>^oxtTtwir9wwiMwnrrd<*^<**** xftnoftffxmuftftoco><v 9onftt9M Iftrrin9 Tm nft.9 nftioii A>t>tn Mlw* cn/midiM ** J VW t .r *|W' " * ... c^tv^ *( I --. C)TV^ Hi <21 V**r { Ow^r :*- (M * *9 a: < u; , rnri------------------1------------------ 1 Oi wt*i*r ` Ve*T 1979 i 19W 1i#: 1979. i,*oi "ifril . j ______ 1__________________ K'qwtwc'i hrMII r^M\ 3.%V* W/*tW 9* I9KW puVll (Si 1I ^ P^*.w 1|7I <* 1<5 _________ ____________ 4?>* J 11*0 t 1 !** I ( >;>_i.__________ a 1il9 1 ui \ i: a .J ___ t i J 5- 13 m.;ww 1U 131 J..T 113 -*Jn V** C. IMPORTATION OF ASBESTOS MIXTURES *'omj:'GMor tKMiw af -w^roi it* *%*&'o -n I'jst Cua-^'r v*<# fx>or7> ^caro-rig ts ih*lmnM*1cACof D Aiftwtw fcwem TiXfttetlAtm 'It t .`it+'+'l i_jO/w*> ( jowW L?v--* D:^^. n-- L!iv `..`itiH_____________ t_J VK t t-ill [*< lhnl>iiu# \r* X71&M ft u 42' CAPCO JEN 0012407 Fsders! Register / VcL 47, No. 14? ./ Friday.. Jtdy.30.J982 / J?ij]es./mH_Rp.guJaJ!inns US l'ft*RGNMt*rAi.FROTtCTJO'AO*T REPORT OF COMMERCIAL AND INDUSTRIAL USES OF ASBESTOS Contlnu4 (*n* try* f. IMPORTATION OF ARTJCUtSI CONTAINING ASBESTOS COMPONENTS Monai*A<i for***+ ?>< fw * 1?tt CWw'y m pwpom*ck1>*0 oorCwO. L l:T. yoa .33211 !Ik4 rwvrtf' C. EMPLOYEES 'eO'tw? tn*C4(*90P*tbio Ctx^rf mcK *> m yt cyqwytfy ill T^T/.t'u^-e-K attain jt /Sv<~ *3. 3. A tnj 51.. ;2j NunbM al pr4vCDOn ....... ............. .............. 31 K&nbt* e< frptaywa t tf*pc**i 'c*iv*f'S.ar.d moving............... (<J Number ef mpiowa.................................. ............ IS\ 'Jy^t-r I *** mt*)***................................................................. H. SUMMARY OF CURRENT WORKS A EXPOSURES ? :T*v z*Z'<*y r&j <>1. b* e*'*C*y 9* 'odwCUO woApf. tN *ntNr*'ic mn o' t*>* 8 *oA W* w*-hlpd * (TWAI */* t4*g {^.io'io'i -**.% tyr w-yrtixt ( r** r*or*v>j J, Report 4* *)' r9v\r*4(>nw<*tf< TWA # JCP>C*>3 I ?CNp'MuCt4) l<n*mM < (M OMkU <f/W~ IWI n 1 M p*cAN K*WH o MlMM* pm4 *. rmllfW Ai*<w ort n'tftif 13* i-e<vS* * r<*0)m w**** nr)n**n AypbM** tV*r*i l< 'IV <TiT* te.. Nv*A'** ,t.J'r_trt,, *-** d*IPCI*W M***'M , nrvt i i*<l...l PW*I K* *>l III C-- 1*^M r*r.yft' k*M. < -- .. . 1 1 1 1 1 ! . J 1 ; *yp>tf*3 Atotmvt ______ cu*n p> ~V lw, ..,-* WW ^<-1*^1 v*g # 1 * *MIkMM +<**** II* /< ct**s a**1***. <i-- ww*, ****> **c l PtmA*Ml l iw4\iai *MC*w^ mm *^J p*; c-r*- ** >**i*9 mi.** P?i C*** "Kp ** PrMnr ***T ** rvWVK< --i * M1-V**M1 W*v*W<*J. **. C I kkM i*M<k mm; MM '>* >V1HiNpvN"* c*^9 f.*~*-vj f.' 1 j. *.. C 1 Dry nony.1* jvi.'4i kii**i* u-*- ".* l.v; r*tw-9 'el **"*** i i i .... -- -- -- - ... I Hiwt **< !**- fl i*M*i"fcl 99 MUMl'miH t<* l 6 <w**a gwfipf M*'Pt `KI **il S>^| *4(km ! mwiiMii Mi c M| J .O*| M* M,M{ *C 1 i ...... _ i . u>tM maihotf ik.*4k-**t>to.Iw\tr>t1* *o'kpJt iTM;a** </ m*\. | lit - *'****-'tv 3*-m*Wp,**<o't*pM*>wnr'iuvoimc1*^*^*ecutan***th, iSkr"N-^9'<lr^r-ao% t ,V<awt-tM**tt*-MtNkWrt'iNsibeook^trta "*att-tumpwm** [ 1, MEASURING ASBESTOS EMISSIONS OS FiSER RELEASE -----------------i | 1.. Vet <p*cictp<iaw*pa'a,po'ifoTtM*pctrrteo'*fA`Aflnett*fwigtDMeMii*4Jc\a. r* r: Not0'ate repa CAPCO JEN 0012408 33212 Federal Register / Vol. 47, No. 147 / Friday, July 30,1932 / Rules and Regulations fmm ng to tr<* 'mi of whu o 2). J. WA ST! AMO DISPOSAL prtAjct yout** V* *ew* KI, C, and 0 II w w^t tv ** ,j Om*c r*- ttutrw tn>l M K/W, *0*-*t **<* t(*** (Sm roMC****! D1"0M0*MCtM* gwm i3Dum*m*tnm Ds*oso**t* Cc~w :2{v ] Ci Ce"H ! Cj* OtAmiMHwl j I Q->- re*u :Cc*o'i C* Qmm >"ewi - t u--m Dmh pro*rf* Mcr Q>***v ;!> _ ''H, ,<kc1 * ugirm ^SJ'pntvN ** ** (<><*(, ttPOtU/TTOMCCrfr^Ot COyPM6MT O^V^M*!*!*** *rie*r>Uanabau' MefipMC* * wjlfcfy coMra* mhoo**** ^*4uun>viNMUlU<HiAMl>4i/(V<IVtr, J^.V_V IU!<-(--<-t*! W**rtW Iwe^n *er *M/"I'w0'O*f*lo0'l*l!Wn>v WA"m**mutiii <t| I <2l i ill 141 . ! *.- ir IW*. r~ r~~ u a'V*! CQj^fWf Vw--iWW r* _*r i r~ r~ i Dw asr*! my __%\ V4>vn PLjJ*o-u'H 1 eST* hvw Q>-r^ '.2uw>+*\ 9* I tit- '-.t 1*1 I *! ig- * C M tI C ** 5 c*. ; c *7 id C0**O*M.4l ! f~N* 'Zita** ' I c>.* i jrj; |11| E** C*^iva*^n o* <'+*< <r*>s er*i #-**: ;w:4 ov`* wr* *2%-l i: *; BliJJNG CCDS cXC-50-C CAPCO JEN 0012409 r^dsTa! Reglatet / Voi. 47, fvtr. 147 / rhlilcW Judy SO. 1562 /< Ru'us and Regulations Instruction Book et--Reporting Commerua! ar.d ladvstrlul Uses of Asbestos, EPA Form 1."i.riirn and Reporting Schedule A. in'.: 'dvc'ion This; '.'itrjctior.s ere for companies that niroe jr.c/o: rail! commercial asbestos, or process ct import an asbestos product, and arc required to submit EPA Form 7710-36 under AO CFA Part 763. Subpart D. Data mustbe reported to the extent that they ate known to or reasonably a3certaiaab'.e by the subntilrpr based on factual information that etsi.e: is available in company files, or can be obtained without unreasonable burden or cost, importers must report information in their possession..but need not contact foreign manufacturers for missing information. 1. Fill ir. cl! blocks. Fill in all blocks in the portions of the form that must be completed. ".\7A" root apoiicaile) in l^rge. bold letter; on ttte first line o(*ny section that does not have to be completed. If data for a portion of the form that must be completed are not available, consult part II of these instructions. "Missing Information." EPA will check all forms for completeness. Incomplete forms may be relumed for completion. If only a few items are incomplete. EPA may call the designated 7ochn.cs: Contact to determine the correct answer rather than return the form. 2. Relevant Definitions. Reporting requirements are determined by the company's asbestos activity in 1931 (l.e.. miner and/or miller, importer of bclk asbestos, primary processor of asbestos, secondary processor of asbestos, importer of csbestos mixtures, or importer of articles containing asbestos components). Definitions for reporting activities and other terms used in this form mey be found in Appendix A. 3. Appropriate Number ofFarces. A separate term must be submitted for each site. For example, a miner and/or mirier at one site who is a primary processor el a dilferer.t sit? must submit a form for each site. AU asbestos activities conducted at each site must be reported. A primary processor who also imports asbestos at a single site must report both the primary processing and importing activities on the same form. 4. Additional Space. If additional space Is needed to report all required information, responses can be entered on a reproduction of the perttnent portion of the form and the continuation should be noted on that part of the form. B. Fcrtior.s of the Form To Complete and Reporting Schedule 1. M:nrs or.d/orMillers. Miners ond/or millers must complete parts A. E{1). G. H. I. J. and K of the form. CompV.e B/3) if app'ecah'i. Report for each plant site on a separate EPA Form 7710-36 and submit within SC da>3 of the effective date of the rule. 2. prim try Processors nfAsbestos. Primary processors must complete parts A. C. G. H. 1, j. a-d K cf Lbs form. Complete B(0) if app'.tcanle. If a faerb'ty processes an asbestos mixture that is msde at a different plant site, part D must also be completed. Rvpurt for each plant site oa a separate EPA Form 771036 within 90 days of '.he effective date of the rule. 3. Secondary Prove tsnrs ofAsbestos Persons who are ia!*.y secondary processors must submit EPA Form 7719-37,' Reporting Secondary Processing and importation of Asbestos Mixtures" within 60 days of the effective cate of the rule. If the company is selected and notified by certified letter to complete EPA Form 7710-35. complete parts A, D. C. H. 1.1. and K of the form for submission within 90 days of receiving notification. 4. importers ofSulk Asbestos. Importers or Bulk Asbestos must complete ct least parts A and B(Z) of the form. Complete B(3) if applicable. Report all activities that involve asbestos oa ERA Form 7710-35 within 90 days of the effective cals of the rule. 5. importers ofAsbestos Mixtures. Importers ci Asbestos Mixtures must submit ERA Form 7710-37 "Reporting Secondary Processing and importation of Asbestos Mixtures." within 0 days of the effective date of the rale. If the company is selected end notified by certified letter to complete EPA Form 7710-36. complete parts A and E of the form and submit within 90 days of receiving notification. 6. importers ofAriiclefsf Containing Asbestos Compared::). Importers of Article's) Containing Asbestos Components] must submit EPA Form 7710-37 "Reporting Seconds^ Processing and importation of Asbestos Mixtures." within 60 cays of the effective date of the rale. If the company is selected and notified by certified letter to complete FPA Form 7710-35. complete parts . A and f ct the form er.d rsbeut within 90 days of receiving notification. II. Missing Information It is important to SB in ill blocks in the portions of the form that must be completed. I: the required information either cannot or need not be provided, enter one of the notations described below. Write "X/A" (not applicable} in large bc-lc letters on Cue first line of any section that is not required. Only use "0" to report a quantity of zero. Enter the following notations if the requested data are unknown, previously submitted to EPA or CPSC or submitted as a corporate report. UNK--The requested data are unknown end net reasonably ascertainable: or. not in the possession of the importer. This may be the case for information from a specific year or aieu' a specific type of data that is required. CPSC--The requested data have been previously reported to the Consumer Product Safety Commission (CPSC) in response to the December 22.1939 Federal Register notice "Consumer Product Containing Asbestos; General Order fer Submiss.cn of Information," (45 FR S4354). Use rhrs notation only for the specific items c: information that were submitted to CFSC. Do not use this notation in lieu c: reporting of CPSC was instructed not to share tie submitted information with EPA et Lie time of response to the CPSC General Order. CORP--The requested data have been submitted fo; motions (2) and B(3) (importation and exportation], in a corporate consolidated repot t. Inform the plant site management that s corporate consolidated report has been submitted and instruct those plant sito.sj to enter "CORP" in sections B-l] r.r'd B(3). EPA--The requested data have already been submitted to EPA ir. the format oi the reporting form as proposed or promulgated. til. Specific instructions for Ft. err TTID-'JG A(l). Respondent Identification 1. Enter company r.nme. and name and complete address nf plant site. 2. Entrr name, job title, ar.d telephone number of the principal technical contact person to be contacted by the EPA for answers to ar.y questions about the submitted form. 3. Miners must record the mine identification number assigned by the Mining Safety and Health Administration. 4. Enter name and address of the parent corporation responsible for fiscal management cf the reporting site. 5. Enter the totai number of years asbestos has been manufactured or processed at this plant site, through the date of this report. A(2). Respondent Activity Review the definitions in Appendix A of these instructions to ascertain required reporting ectiviiyfies). Check the appropriate ectivityiiesi that Is performed at this site. Complete the portions of the form listed next to the activities checked. For example, a primary processor who makes an asbestos mixture and then processes the asbestos mixture at the same site to make a different end predset should roper! the production cf the final end product in pert C. Deny complete psrt D cf the form if the facility processes an asbestes mixture that is made eisewhere. A(3). Confidential Business Information Any reported information may tie claimed as confidential business informatron. When submitting the farm, math IS] ::i .he space provided on each line of the form -hat contains confidential information. Additionally, an authorized company official must sign the "Certification for Claims of Confidentiality" to certify that the four statements on the form appiy to all information claimed as confidential. B(1J. Production of Bulk Asbestos Enter, in short tons, the amount of bulk asbestos produced (mined or milled), in 3979. 1980. and 3051. B(2). Importation of Bulk Asbestos Enter, in short tons, the amount of bulk asbestos imported in 1979.32*0. end 3951. Report all imports entering the L'.S. Customs territory that are declared under Tariff Schedule of the United States, Annotated (TSUSA) Number 558.3119-513.1169. Mark in the appropriate box the souxe of this information. CAP CO JEN 0012410 33214 Federal Register / Vol. 47, No. 147 / Friday. July 30. 1982 / Rules and Regulations B(3). Exportation of Bulk Asbestos Enter, in short tons, the amount of bulk ebestos exported in 1979.1080. and 1981. Mark in the appropriate box the source of this information. C. Primary Processor Production Individually list the product subcategories made and shipped from the plar.t site in 1979, I960, and 1931 that incorporate bulk abestos as a starting material. Read instructions for items 1.2. and 3 before completing this section to ensure sufficient space for entries. (1) End Product Shipped. Locate on the list of "Asbestos Mixture Product Subcategories'' ihs most specific name that describes the end product(s) shipped from the plant site. Enter fee corresponding code number for each product subcatepory being reported. If the listed product subcategory name is not adequately descriptive, write in a generic name r.ex! ;o the code number. If the product ts not hated, write in :he appropriate code for "other" end a generic name for the product. Do not enter a trade name as a generic name. Do not report anything more specific than a product scbcategory. (2) Type ofAsbestos Fiber Consumed. Mark [X) the fiber type(s) that is. or has been, used in production of reported product subcategory. Use one block for each fiber type incorporated into each product s-bcategcry. If more than one type of f.berfs) is used for a product, mark [X] the additional fiber in the next block and mark (X) the continuation box in column 1. Do not list the same product subcategory twice. (3) Quantity ofAsbestos Consumed. For each type of asbestos, enter, in short tons, quantity consumed in 1979.1930, and 1951. (4) Total AnnualProduction. Record the total annua! production quantity of each reported product subcategory in 1979,1530. er.d 1361. Production quantities will be expressed in the unit3 of measure indicated on. the form next to the listed end product, as used by the Bureau of Census. If census units are net applicable, report production in short tons. (5) Value Shipped. Record the total annual value shipped (in thousands of U.S. dollars) for each reported product subca'.egory In 1379.13SO and 1331. These figures must be separated to show domestic sales and export sales (i.e.. sales distributed outside the U.S. Customs Territory). If the breakdown is unknown, report total sales as ''Domestic'' sales, end write "UNK" under "Exports." The valuation of products shipped should be based on the r.et selling value, f.o.b. plant, after discounts and allowances, and exclusive of freight charges and excise taxes. When reporting products transferred to other establishments within the same company, the shipping plant should assign the full economic value to the transferred products. Include oil direct costs of production and a reasonable proportion of all other costs and profits. (6) Percentage of Total Value Shipped. Estimate the percentage of end products shipped that reflect primary processing of asbestos in 1931. * D. Secondary Processor Production Individually list the product subcategories made and shipped from the plant site in 1979, 1900. and 1SB1 that Incorporated an asbestos mixture as a starting material. Read the instructions for items 1,2. and 3 before completing this section to ensure sufficient space for entries. . (1) End Product Shipped. Locate on the list of "Typical Terms for Products Made from Asbestos Mixtures" the most specific subcategory' name that describes the product Enter the corresponding code number for each product subcategory' being reported. If the product name listed is not adequately descriptive, write in a generic name next to the code number. If the product is not listed, enter the appropriate code for "other" and write in a generic name for the product Do not enter a trade name as a generic name. Do not report anything more specific than a product subcaiegoty. (2) TotclAnnual Production (Quantityby Censusjdr.it of Measure}. Record the total production of :he reported product subcategory at this plant site in 1979,1960, and 1981. Production quantities should be reported in the unit of measure used by the U.S. Department of Commerce, Bureau of the Census, for the 1977 Census of Manufacturers. (3) Asbestos Mixture Consumedand Form. Locate and enter from the list of "Asbestos Mixture Product Subcategories" the code number at the asbestos mixture processed to produce the product subcatego'y. If the material processed is not listed, then enter the appropriate code for "other" and write the generic name of the asbestos material you process. Indicate the form in which the asbestos sterling material is purchased (e.g., roll or paper, 3'x3` sheets, reams of 8"xll" sheets). Use one b'cck for each asbestos mixture incorporated into the product subettegory. If there is more than one asbestos mixture per product subcategory, list the mixture(s) in the next biock(s) and mark (X) the continuation box in column 1. Do not lisi the same product subcategcry twice. (4) Function ofthe Asbestos in Product. Briefly describe the function of the asbestos in the product. Examples of possible asbestos functions are: rot resistance, heat insulation, fire shield, electrical insulation, dimensional stability, filler, or tensile strength. (5) Annuel Consumption ofAsbestos Mixtures. Record the total annual quantity and specify Census Bureau unit of measure er.d the total annual cost (in thousands of U.S. cellars) of the asbestos mixtures consumed in 1979,1989, and 1981. The value oi the materials consumed should be based on the delivered cost. i.e.. the amount paid orpayable after discounts end including freight and other direct charges Incurred in acquiring the materials. Charges include purchases, transfers from other ` establishments of the company, and withdrawals irom inventories. Materials transferred to the plant site from other plants within the company 6hoiiIdbe assigned their full economic value, as assigned by the shipping plant, plus cost of freight and handling charges. (6) Percentage of Total Value Shipped. Estimate the percentage of end products shipped that reflect secondary processing of asbestos in 1931. E. Importation of Asbestos Mixtures Individually list the asbestos mixtures imported to the plant site in 1979. I960, and 1381. Road the instructions for items 1.2. and 3 before completing this section to ensure sufficient space for entries. (1) Asbestos Mixture. Locate on the list of "Asbestos Mixture Product Subcategories" the most specific name that describes the mixture imported. Enter the corresponding code number of each product subcategory -being reported. If the name of the product subcategory is not adequately descriptive, write in e generic name next to the code number. If the Imported product subcategory is not listed, enter the appropriate code for "other" and write in a generic name for the product. List each product subcategory on a separate line. Do not enter a trade name a9 a generic name. Do not report anything more specific thin a product subente^ory. (2) Asbestos Fiber Canter.:. Ma,-:< (X) ihe type of asbestos fiber in the imported. asbestos mixture and enter the total quantity of asbestos per unit of the mixture (the unit used to report quantity Imported). The quantity of asbestos should be reported in pounds. If these data are not available, mark (X) "UNK." Use one block far each type of fiber that is in the imported mixture. If the mixture contains mere than one type of asbestos fiber, list the additional flber(s) in the next block(s) and note the continuation in column 1. Do no! list the same mixture twice. (3) Total Annuo! Imports. Record the total annua! quantity of each listed product subcategcty imported in 1979, I960, and 1981. Quantities w.H be expressed in the units of measure used by the U.S. Bureau of the Census cr according to the unit used to report Lmportutror. to the U.S. Customs Service. Record the total ennual value imported (U.S. dollars) for each product in 1379.1980, and 1331. This figure can be drawn from the U.S. Cu'tcros Service entry forms es the "Entered Value in U.S. Dollars" or "Value." F. L-r.pcrtidcn of Ardcie(s) Containing Asbestos Components) Individually list tire articles containing an asbestos component that were imported in 1979,1330.-and ISsl. Only report information relating to imported product subcategories listed under 'Typical Terms for Products Made from Asbestos Mixtures." If the component was reported on E?A Form 771037 during Phase 1, use the same code(s) and generic name(s) as reported on that form. Read the instructions for items 1,2, and 3 before completing this section to ensure sufficient space fur entries. (1) Article Name. Locate on the list of 'Typical Terms for Products Made from Asbestos Mixtures" the most specific name that describes your product If the listed product name does not adequately describe your product, write in a generic name next to the code number. List each product on a separate line, ir the imported product is not . listed, enter thu appropriate code number for "other" and write in a generic name. Do not enter a trade name as a generic name. (2) TotalAnnual Imports. Record the total number of units that were imported in 1979, CAPCO JEN 0012411 Federal Register / Vol. 47, No. 147 / Friday, July 30, 1932 / Rules and Regulations 33215 srd 1931. Quantities will be reported in ihee^.-ft'srens'jee-lSattwiiS used' to declare the~.rrchc-.dise upon entry into the U.S. or by :-.e U.S Bureau of Census for the 1977 Cens'-s Manufacturers. Enter the value of - ;d merchandise in U.S. dollars. A-besios Components}. List ell asc-r.os components contained in the impcrieC aracte by name, or by describing tie .-L'.'.cre making up the component Use c:: : aci- for each asbestos component. If the imported article contains more than one asbestos component, list the component in She r.ext block and note the continuation in column 1. Du not iisi the same article twice. C. Employees Clat-sify all employees as of January 19BJ into tie following categories. In items 2-5. COUNT EACH EMPLOYEE IN ONLY ONE CATEGORY. In this section, report numbers of individuals without regard to the number of beers worked. I".; T-.tci Number of Employees. Enter the total number os employees (the sum of items 2,3.4. and 5} who worked a! tie reporting plant sits as of January 1931. If you employed seasons! workers in 1981. add the number of these workers to Lie total. -timber ofProduction Employees. Enter the member of production employees who work in areas where ASBESTOS IS NLANLTACTURED OR PROCESSED. Do not .r.rl. ft- y'ar.t site production employees who _n separate areas where no asbestos fiber cr asbestos product is processed. Tbis number must equal the total number of emp'ovees reported in Section H, for ail product fines. (21 Humber ofSkipping. Receiving, and Mm.- ~i Employees. Enter the number of employees involved with shaping, receiving, cr m tvmg asbestos fiber or asbestoscontaining products. [4` .Wmber ofMaintenance Employees. Enter tie number of maintenance employees who pe-rirm. maintenance tasks in work ere=s where asbestos fiber, asbestos products. or asbestos waste are processed, s'ered. o- moved. liuneer of Other Employees. Enter the number cf other employees at the location that are rot counted in items 2-1. H. Summary of Current Worker Exposures Report, by category of production workers, the arithmetic mean of the 8-hour lime veetitited average (TWA) exposure level for all a Tployees at the reporting site for whom a TWA has been determined. Appendix B describes how to perform the circulations and Includes a worksheet. Summarise Only Existing Monitoring Data; Additional Monitoring Is No! Requires! S-'rov- a single TWA value (arithmetic mean; io summarize existing monitoring data that wilt describe current exposure levels the' r-o'eyees in general production cat-g"::ax may experience while working on earn rrcducticn line. Summarize and report mc.-i'.xrtrg data separately for workers on Lhc prediction line for each end product sub-re tuzury that has been reported as cither "Prur.'ry Processes Production" (pert C) or Secondary Processor Production" (part D). Miners and millers, must provide a single. separate TWA value for the mine and for the mill. For each End Product Subcotegory. enter the number of workers who perform the production operations listed below. Only count employees who were counted as production workers in item 2 of part G of the form. Each employee is to be counted only one time, in the operation and product line that is the employee's primary assignment. After grouping the S-hour TWAs. follow the detailed instructions in Appendix B to find the mean, standard deviation, number of measurements, and ceiling ranges for each group. Nota.--The sum of all production employees listed in column 4 must equal the number of production employees entered in item 2 of part G. (1 )Bnd Product. Primary or secondary processors must enter the same code number(s) and generic name(s) they listed in part Cor D of the form, f brers and/or millers do not complete this blo.v (2) RespondentActivity. Determine applicable category of activity. (3) Production Work Category. Divide production employees into the Production Work Categories for each end product subcategory. Count mins workers under Mine Operations aod mill workers under Mill Operations. Fiber introduction Operations tie operations where bulk (raw) asbestos is mixed with or added to e combination of other materials. Primary processors Will list' employees who handle bulk or raw abestos fiber. Secondary processors do not use bulk esbestos as a starting material. Wet Mechanical Operations are operations where asbestos fiber, asbestos mixtures, or asbestos-containing materials are fabricated, modified, or altered, and the asbestos component is wetted to reduce the release of airborne asbestos fiber. This category includes such activities as: machining, sawing, drilling, cutting, grinding, or pulverizing. Count employees whose principal Job is to control or work with the ' tao! or machinery performing the operation. Count all asbestos textile workers involved with wet operations here, whether Involved in spinning, twisting, or weaving operations. Dry Mechanical Operations are operations where asbestos fiber, asbestos mixtures, or asbestos-containing materials are fabricated, modified, or altered without any intentional wetting of the material during the operation. This category includes activities such as: machining, sawing, drilling, cutting, grinding, or pulverizing. Count employees whose principal Job is to control or work with the tool or machinery performing the operation. Count all asbestos textile workers in dry operations here, whether involved in spinning, twisting, or weaving operations. Other Production Employees are production employees involved in operations that require handling of asbestos fiber or materials in a manner not covered in the operations described in the other categories. This category will include workers who perform an operation that involves handling an asbestos mixture, such as bonding asbestos-fplt-backing for vinyl sheet flooring or injecting asbestos-reinforced plastic into a mold. Other production workers who are to be counted in this category include (but are not limited to) employees who lake products off a production line, assemble parts, oversee drying or rolling operations, or inspect, weigh, or package asbestos mixtures or asbestos-containing products. (4) Number ofEmployees. Enter next to the appropriate job classification the number of employees working in jobs meeting the general descripiions provided. Count employees only one time and only under the job description that best describes their primary duties. (5) Arithmetic Mean ofDetectable Measurements. Locate monitoring data for . any employees counted in column 4 and group those monitoring data according to the employee's general job classification. Determine the arithmetic mean of those detectable TWA values for each work category. Calculate the mean only to the nearest one-hundredth (e.g.. 0.05). The arithmetic mean is the sum cf the timeweighted averages divided by the number of time-weighted averages. (See Appendix B for instructions and worksheet for determining the arithmetic mean.) If there are no measurements for workers in a particular work category, write in "No measurements." (0) StandardDeviation. Enter the standard deviation for each arithmetic mean you calculate in column 5. (See Appendix 3 for instructions and a worksheet for determining the standard deviation.) (7) Number ofMeasurements Used. For each work category, enter the total number of actual observations (filters) used to determine ail of the employee's TWAs in the category. This includes the number of nil r.ondelectable measurements. (8) Number ofNon^ietectcbie Measurements. For each work category, enter the number of measurements that ere below detectable levels. (Non-detectable levels may not be greater than 0.1 f/cc.) (9) Ceiling Concentration leave!. For each work category, enter the range of ceiling concentration levels that were determined. Provide the low and high measurements. (10) Sampling and Ancivses Methods. If the company used the NIOSH melhodoiogy to sample airborne concentrations of asbestos fibers in Lie workplace and to analyze measurements [DHEW (NIOSH) Pub. No. 79127J. check the corresponding box on the form. If the company used other sampling and analysis methods, enter the appropriate codes for those methods listed in the next section of these instructions. The reporting company has the option to describe in an attachment any additional information that will better describe werk practices or other measures instituted to reduce the levels of airborne fibers erto protect workers from exposure to asbestos. Attach ar.v additional materials to this form at the time'of submission. (11) Enter (he lowest delectable level of the measurements the company expects to eltai.n by the sampling ond analysis methods. (Measurements below this level are considered "non-detectabU" for Lhe purposes of this rule.) CAPCO JEN 0012412 33216 Federal Regislcr / Vo!. 47, No. 147 / Friday. July 30, 1SS2 / Rules and Regulations L Measuring Asbestos Emissions or Fiber Release If the plan! site has applied for a water effluent discharge permit (NPDES Permit), provide the application date and the permit number that was assigned. Summarize and report separately the results of any measurements or monitoring performed to determine the amount of asbestos fiber released during the production, use. or disposal of asbestos fiber or asbestos products (ether than already reported in part H of this form). If attaching any such information for this section, check the "yesM box on the form. If not. mark "X" for no separate report. Where possible, the measurements should characterize the type of fibers found and the fiber size distribution, and should be reported according,to the following ranges. Reports submitted in response to this section should describe ihe methodologies used to perform any tests. So gather samples, and analyze samples* if this information has been previously submitted to a Federal agency, do not report again here, but indicate the cate and to whom the information was sent, and briefly describe the nature of the information. Where possible, summarize the sampling and analytical methodologies according to the terms and abbreviations listed below. F i& S3* fisrU'Jtr Aft*tatf <1.0------ 1 0-29-- .0-3.0-- 30-40-- AC-so- so-4^.. 10 0-C X zoo-zoo. <5C0___ Optical Wot000Y, 9C Pns Ccrtraii Mere*- ccpy. -- PM OS t>v^co S^inrtL CM Ctfwr op*ieal r>:'c*ccpr tfcNr<^5- (jcw.iI, E!tron Morwscy. TV 7rs*vir*rfcicn Ec*roo M<rc#capy. SSV SctfW's c'ctron tMi casescy. K Kcfrfrrftir. 7? Tbertral 1 ------------- ED E^CVcm DiHrc.on. XaS >-ey Spe-rc>c5fc'ry. Em uvuro-n wcvan rri- cfAcrpy munt. O Ary ctr** arj<y*s nwltafr oic^y (Prcv< tpacrfica* tors). Ml ----- --- Mr ?A rAet~.~~-- MsroccJcsy B'a-'&iCW tthCKSZCQm t-r5trs CCVZriMir^-* PlC'TSCrJtf xsm. of A^&co# A** E?A- J. Waste and Disposal Entries in this section will account for the waste that is r.ot recycled and results from the production of each type of end product subcategory reported. The percentage of the total waste from the plant site thatresults from the production of each end product subcategory may be estimated. Report separately the data for each end product subcategory. Jf unable to determine quantities by product subcategoiy, report total quantities disposed of for each form of waste. (1) Product lint. Enter the product subcategory code (and ger.enc name if used) for each end product subcategory reported in parts B(l). C. or D. Miners sr.d/or millers need only list the type of bulk asbestos fiber reported in section B[l). li unable to determine wastes by end product subcategory, report according to the form of the waste (sea below); enter the nam'e(s) and code(s) from parts C end D. Mark (X) in the appropriate box to indicate that the data is cither an "End Product Report" or a "Form of Waste Report." ` (2) Farm of Waste. Record the form of the waste either after completion of the processing or as it leaves the plant site. Report asbestos collected in control devices, such as baghouse fines, on a separate line. (3) TotalAnnual Quantity ofAsbestos Waste (Short Tons). Enter the total quantity, in short tons, of ash-whs waste generated by each reported end ar --luct production line in 19B1. Asbestos waste : a waste product that contains asbestos as some of the total waste. Do not report quantities of waste recycled or reprocessed. (4) Average Percent Ariostos. Record in short tons the average percentage of asbestos (by weight) in the total quantity of asbestos waste. This figure may be an estimate based on previous experience cran extrapolation of production mass balance figures. (5) Disposal Sile(s). (a) Type of Land Disposal Facility. Mark (X) one of the following types of land disposal facilities or the asbestos waste of each end product subcaiegory or fern of waste. See the February 5,1361. Federal Register (-t-6 FR 11126) for comprehensive definitions of the types of facilities. Surface Impoundment*--facilities at which liquid wastes or other liquids are impounded or held. Surface impoundments are generally earthen structures designed to hold an accumulation of liquids or wastes containing free .iquid. Weste Files--facilities at which wastes, usually in a send state, are placed cn the land for storage or treatment. Land Treatment--facilities at which wastes (usually in a solid, semi-solid, semi liquid, or liquid state) ere spread on the ground for the purpose of treatment. Landfills--facilities at which wastes, usualiy in solid or semi-solid state, are placed into or on the land for permanent disposal Seepage FaciUlies--facilities at which wastes (usually in a liquid, semi-liquid, or semi-solid state) are placed into or on the land for storage, treatment or disposal. A seepage facility is designed with the objective of discharging liquids into the land. There are four types of seepage facilities: * --seepage lagoons --drying beds --seepage pits --seepage bed. Injection Wells--facilities at which wastes in a fluid (usually liquid) state ore injected into the land under a pressure head greater than the pressure head of the ground water into or above which they are injected for disposal. CAPCO JEN 0012413 Federal Register / Vol. 47, No. 147 / Friday, July 30,1982 f Rules and Regulations fb, '.oration ofDisposal Facility--For each end ?:aduct sub.category (or form of waste), Vre'k (X) whether wastes arc disposed or at tie's p:Yt site (on-sitej or at another S'tc [off'v=. ;s; C.-:nersh!p ofDisposal Futility--For tvx1' erd pred-jet subcelcgory (or form of waste'-. mark (X) whether this disposal feciiit- is owned by reporting company : orcc my), another private company {: rivate). or a municipality (municipal). ft!j Permitted Hazardous Waste Facility-- for ea:h product subcategorv {or form of v.s*sio). rt!ark[?C) whether the disposal facility is psrmitt&d under any applicable Stale or ! hazardous waste regulation. (6* Method of Disposal. Briefly describe the .<; ccifie methods used to dispose of asbestos waste. For example. If you wet the waste and pisce' in a bss or drum prior to disposal. r-1 odd be noted here. `''i-jorc!Information. Submit a.oj .I.! infcrmalion to describe eny slops taken during waste disposal to reduce the relent" of airborne asbestos fibers. If crdofr.g a separate description, check "Yes" on the form: if not. check "No" in the space provided. K Pollution Control Equipment In this section, provide information on ail .. r pc"u'.:an equipment Inca led at the plant s-:e to centre: or remove aiihorne asbestos ``-.'tier Lis', each piece of equipment on a separate line on the form, even though identical units may be used at the plant site. Use the codes listed in this section for each piece cf equipment-being reported. For space, fill in ami attach additional c opies of the form. If the company has cc'it-;:<(! portions of the required data to E?A pre viously and the data are still current, enter E?A" in place of those data, and re:-, recce the address where the data were s'-.n* fit-d the date they were sent. (:) /.'em A'umber. Number each piece of ep'.iip.-.eni consecutively (cne through the ti-v! number o; pieces cf equipment). iti T\ps a!Equipment. For each item r . itbcr. enter the appropriate abbreviation from Ire following list. Seihouse (EH) --Reverse Air (RA) --Poise Jet (PJ) -Shake (S) --O.he: (O) For wimple, if the baghcusc used is jiveeri for both reverse air anr) shake ck-arli-e. enter (El I) (RA) (S). Scrubber(S) --Venturi (V) --Impingement (I) -Spvy(SP) --Oti'.or (O) r 'rubber used is the venturi type. -. v e; the pressure drop in inches of w-N-r in parentheses. For example, if the re- of pressure drop, is <0-80 inches, enter >; :vj 'd-h;. .cl.-- 'ey.Cci::c Precipitator (ICSPJ Ccc'jie(C) Muit.ple C\ clone (MC) 0:hc: !0) (3) Cos Stream Volume and Temperature. For each piece of equipment, enter the gas volume (in cubii: feet per minute) and the operating temperature (in *F). Lise actual data for these entries, allhough estimates or design figures may be used if actual data are unavailable. Ranges (ex: 8,000-10.000 ACI-'M at (40-180 *F|) are also acceptable. (}) Equipment Size. If electrostatic precipitators and/or baghouses arc used, enter the total square feet of collecting surface area. For all ether types of equipment mark (X) "N/A." (5) Estimated Collection Efficiency. Enter the collection efficiency (percent), or an estimate of this value, of each piece of equipment. Mark (X) either des'gn (D) or actual (A) to indicate basis for response. (6) Normal Operating Schedule. Enter the normal number of operating hours either actual or estimated for each piece of equipmenl during l<JBt. (7) Quantity Collected Annually. P.siim.ite the quantity of material in pounds that is (or would be. given the design of the equipment! collected annually by each piece of equipment in 1981. Include all asbestos and non-asbestos materials in the total. If possible, estimate the percent (by weight) of asbestos in the collected material. Murk (X) either design (DJ or actual (A) to indicate basis for response. (8) Source of Emissions. Enter a brief description cf the source of the emissions such as work area oxhaust ventilation, curing oven, mixer, various, etc. (9) Stacit or Chimney. Indicate whether the air pollution cortrn! device discharges to a slack or chimney: check "Yes" or "No." (10) Special Problems. If there is a special problem with particulate collection or with any specific piece of equipmenl. discuss it in the space provided. Be sure to indicate which piece of equipment is being discussed. (11) Estimate the percent of plant exhaust air that is treated by the plant site's pollution control equipment. Appendix A Definition of Terms Several terms are used throughout the reporting form and the instruction booklet to describe ihe different kinds of asbestos products and how to report them. Asbestos Mixture: a mixture which contains bulk asbestos or another asbestos mixture as an intentional component. An asbestos mixture can be utilized as a finished product or inc cirooratcd into other products. Sulk Asbestos (or raw aqhestos]: any quantity of asbestos fiber of any type or grade, or combination of types of grades, that is mined or milled with the express purpose to obtain asbestos. The term does net include asbestos that is produced or processed es a contaminant or an impurity. Asbestos is a group of naturally occurring, inorganic, highly fibrous, silicate minerals, which easiiy sepnrate into tong. thin, flexible fibers when crushed or processed. Included in the definition are the asbestiform varieties of: chrysotile (serpenline): croeidolite (riebcckitcl: amosite (cununingtonitegrunerite): anthophyllite; Iremolite: ard ar.linolile. 33217 CAPCO JEN 00124-14 33218. Federal Register / Vol. 47, No. 147 / Friday, July 30, 1932 / Rules and Regulations End Product: the product subcategory that is either shipped from the reported site or imported into the United States. Generic Sane: a term that describes the coded product subcategory better than the subcategory name given on the form. If the product subcategory name on the form is adequate, use it. Importer a person or facility importing esbesios, in bulk form or as part of a mixture cr article, into the customs territory of the United States. This definition includes: The person liable for the payment of any duties on the merchandise, or An authorized agent on his behalf (as defined in 19 CFR 1.11). Importer also includes, as appropriate: --The consignee: --The importer of record: --The actuai owner if an actual owner's declaration and superseding bond has been filed in accordance with 19 CFR 141.20; or --The transferee, if the right to draw merchandise in a bonded warehouse has teen transferred in accordance with Subpart C of 19 CFR Part 144. For the purpose of this definition, the customs territory of the United States consists of the SO states. Puerto Rico, and the District of Columbia. When two or more persons meet the same definition of "importer" for the same shipment, the principal in the transaction, not his agent or agents, should report. Note/--If reporting ccmpany purchased in the United Si3!e an asbestos product that originated outside the United States, do not report as an importer. For reporting purposes, there are several classes of importers: --An Importer ofBulk A.sbe?tos imports bulk asbestos into the customs territory of the United States. Imported bulk asbestos is declared to the United States Customs Service upon entry Ha Tariff Schedule of the United States, Annotated, (TSUSA) numbers 513.1110518.1160. Importers need report information only to the extent that the information is in their possession. --An Importer ofAsbestos Mixtures imports asbestos mixtures into the customs territory of the United States. Imported mixtures include, but are not limited to, merchandise declared to the United Slates Customs Service upon entry as Tariff Schedule of the United States. Annotated, numbers (TSUSA Number} 518.2-518.5, or other TSUSA Numbers that may pertain to asbestos mixtures. --An Importer ofArticlefs) Containing Asbestos Components) imports an erticle that contains one or more asbestos components. Miner and/or Miller ofAsbestos: a person who either mines or mills asbestos. Wined or extracted asbestos-containing ore is further imbed to produce bulk asbestos. Milling invol'. es the separation of the fibers from the ore. grading and sorting the fibers, or ftberizlng crude asbestos ore. Primary Processor ofAsbestos: a person who processes bulk asbestos to makes an asbestos mixture or a product that contain; asbestos. A primary processor who make an asbestos mixture and then processes the asbestos mixture at the same site to.make a different end product should report production of the final end product. Primary processing includes tbe mixing or repackaging of raw asbestos fiber. Product Subcalegory: the type of asbestos mixture or the type of end product listed and numbered on the form. SecondaryProcessor ofAsbestos: a person who processes an asbestos mixture that is then incorporated into that person's end product. Secondary processors use asbestos mixtures that are made at a site other than the site being reported. For instance, asbestos millboard may be purchased by a secondary processor, who could cut that millboard and incorporate it into an appliance. Appendix B HowTo Compute Summaries ofMonitoring Data--Instructions and Worksheets These instructions describe bow to compute tbe arithmetic mean and standard deviation of the TWA values fer each category of employees counted in column 4 of part H of the form. It is probably easier to compute the figures by working through one line at a time. For example, a primary processor who has employees working in the fiber introduction area should locale oil monitoring data for those employees, and work through question 10 before beginning computations for the next production work category for that end product. A worksheet is attached to these instructions: after completing it. transfer your compulations to part H of the form. I. To compute the "mean" for the TWA values for a production work category, first list all of the TWA values for employees counted in the category. Do not include nondetectable TWA values in the following calculations. For example, assume the following TWA values (listed in cohimn A) for a production work category: Na TWAv8S.es ] Scutfei erf co*&wrn m 1. 1.00- 100 *. 150 1 22S 3. 059 i 0.25 4. 175 . 306 S. 1.56 0.00 j a.12 After listing the TWA values in column (A) on the worksheet, square each value and eoter the square in column (3) on the worksheet. The squares are used later to compute the standard deviation. Sum both columns. II. Next, determine the number (N') of values. In this example. N=5. CAP CO JEN 0012415 Federal Register / Voi. '57, Ko. 147 / Friday, July HO, X9H2 / Rules anfl Regulations III. The "mean** is the sum of the TWA values in column A divided by the number of .values (Nj. In this example: .v.:?an= -S--u--m----o--f-T--W---A----V--a--t-u-'---:-, = --O--.CO --1.20 IV. To calculate the "standard deviation" of these values, first compute the "variance" according to the following formula. In this example: * {V)= ----x [Sum of Column BN-l {Sum of Column A)*] N~ 1 [3.12--(6.0X6.0)] " S-l 5 = ?. [3-12--7.2] = *. =4 V=.23 V. Finally, the standard deviation (SD) is the square root of the variance. in thi3 example: SD=VV =V13 ' SD=0.4S The arithmetic mean is entered io column 5 cn the form, and the standard deviation is entered in column 3 on the form, ov-stc core ssss-so-m 33219 . CAP CO JEN 0012416  33220 Federal Raster / Vol. 47, Ko. 147 / Friday, July 30,1982 / Rules and Regulations Worksheet 1. Wo. .1. 2 3. 4. 5. Total (A) TWA Values _______ (B) Squares of Coluaa (A) ____________ II. Number of TWA values (N) - Sun of Coluan A III. Mean ---------------------------- N 1 (Sua of Colunn A)2] IV. Variance (V) *--------- [Sua of Coluon B - ---------------------------- N- 1 NV. !.- a.2! N V. Standard Deviation (SD) " \J V = o/ CAP CO JEN 0012417 f Fc&st5t / Vfei.'47, lvo.147 / Friday, July `3U, 1582 / T<riles arid Regiihitions 750.77 Reporting secondary processing and impcrtatiorsof asberioa mlxt. re*. T-he following H?A Form 7710-37, Reporting Secondary Processing and Importation of Asbestos Mixtures, will be eexpieted and submitted to EPA as rccu'rec in 763.63 and 763.71. Information must be reported on this form to the extent thaLit is irrthe possession of tia respondent. Importers must report imported prodnete only if the Imported productis listed.on. this form. (a,1 EPA Form 77W-37 (d-90j EUiOW! coce 6SCC-50J,i .35221 CAP CO JEN 0012418 33222 ___ Federal Register / Vol. 47, No. 147 / Friday, July 30,1982 / Rules and Regulations COMPANY NAUS us environmental .rotection agency RETORTING SECONDARY PROCESSING AND IMPORTATION OF ASBESTOS MIXTURES _________ _________________ .art i - ccwmv iNFpmvriou FOrlCPAUMOALY ' AOdKCfS ttW/. Cl//. SMt * y.Jl'Cndr) TECHNICAL CONTACT TELEPHONE NO. IMPORTER O PRINCIPAL O AGENT .art it - secowoARv .rocesso* end .Rooucrrsi From tS* lt *<\ S-mo* 1, enttr tht'wbettoi end product produced. Oppout* of *aeh mixture that you consumed in 1981. product, tilt lha ajfccfto* mixture that you proctu. end the fno rxooucrtsi AS3SSTOS UlXTUftEfS) QUANTITY OF ASBESTOS MIXTURE CONSUMED CODE GENERIC NAME CODE GENERIC NAME QUANTITY UNIT OF MEASURE ** EARTH!- -:RCRTE"S OR ASSE57CS MIXTURSI5) OR ART.Ct.EtSt CONTAINING A3RESTCS rC-J>NSNTS Lrft th*2Mt(osm.Aturt^f) Of ertide(s) lhaf you <rrrieftd ib# qwentily ot tech item that you imported in 1981. Opposite each item, enter Ortr^3liof> ot tn jtOniot component m the mixture or erticte. AS3ESTO* MIXTURES) OR ARTICLES* COOS CENER'CNAME QUANTITY OF ASBESTOS MIXTUAEtS) Crt ARTfCLCtS} IMPORTED quantity UNIT OF MEASURE DESCRIPTION OF ASBESTOS COMPONENTS) IN ARTICLE -- CERTIFICATION FOR CLAIMS OF CONFIDENTIAL BUSINESS INFORMATION An authorized company official may claim any information reported on this form as confidential business information. To do this, the confidential information must be clearly cycled with a red marker. In addition, an authorized company official must sjn below to certify the truth and accuracy of the following four statements, which apply to ait information that is daimed. 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. S.SNATUAE OF AUTHORIZED OFFICIAL DATE E?A 7710-3? P041) CAPCO JEN 0012419 Fsdexal Register / Vol. 47. No. 147 / Friday, July 30,1932 / Rules and Regulations REPOSTING SECONDARY PROCESSING AND 'IMPORTATION OP ASBESTOS MIXTURES ndrtsuenoM# Tiis form i3 to be completad by ptctoat who. in I960. were secondary processor c! ssbestos cr importers ol *bto mbsure* of articles that contain asbestos eomportuot*. See Reporting Commensal end Industrial Uses of Asbestos", 40 CFR Part 753, Subpart D. for a fuH descripton ol the reporting requirement and reporting schedule. If additional space is needed, you should use additional copies of this form. v.vo'm.jst coum'rt spa foam 771037 1 5ecFwmof* of aabetto* mut* pvrpt*r* Pt>n I trti *1 of th# form, Each plant s-ta y rvenufacturicig faci'ey ithim bo f?oCO* >*0*rt*+y. If yju pro**** bulk o*4e* tib* to in**# any of your product* *t tt'tt >`*n >**. }h* you ar* a PRIMARY PPOCsSSCR and ycu shov'd report tK* pt*r* VC CO *.*A Form 771&2& 2 f **P** `utturyuj or *rie*#$e) A^r4*ot 3o<-c<e<r*** war of w* Wm. H you u-port buA i^noi fiber. t>m* you Shouldiwfl irt ir-po^-nort oHm on ERA Form. ' 771OC5. 3 TM** **nn v* both *#corSdnr oroc**a*rt> and u-por.#m mu*t co--yNi* P9*ta 1.1 Pd ?! Of form. D*?!MTO.H3 ./iVCtW tAwtwt IT'* r**ftur* which >d< *et-rioe moim** rwr^Rf. 7 *r 'F* I* ia-Cw -4*t pytwea OfW. for b***or 2. AjNjw Comport***--me*np *y mceur*. >oud*>g y f:n*h*d product cor< >^*>3 an **b**to murtwe, w*nch ifcy^yvttf une an *rtcl*. STo I i>*iio Irsr* rf^xot' term* for prpdv* fh*d* fWT* - *.rM*:o* m-xturw and component* Sore* rsi^n of r.bww csrn>o^ws <**.* p*0**r A > hoif-rjryor, %b4Jeft> rrm'crcvi ?* cafcmm of a *-*von; aiMotoe ;e*i5# ?tvrt ** part * * p*~->cutar type c garment. 3. &riX'rdJry Procemnr of Ao**jQ+_Y>*r* a p^o O'oc's'Jim *n vth-evi* -Tmturei 4 !irov?r *U ,V.t9<tD( Mnrtur** Sr Jkn>o* .o C>*wviit*-'H*ni * p+r^co Yr*-> .`p'ra that tr.v.-.Aj v%:o* ftr> jt .rntym ` of tfu Amh. W^r tmro n *o or p^l 'rorm" for ?fw wrtM pfcwyeprtt, IN# rtvacf^i mfor tbm if 9fMQ4. ir*>u*c toon PA.*TJ CCW^AW }*sW.MArOH Ertor A#*TY*. OdcrrWL ptOA4 nyfhbK 0* r>.*r r rt*r rM o*rm t* sy orarotof !5cr<>! -vc? va*m sj rotpor>*>bt for t~t ccy"o-V>ct of try* form, cr h* tu^C'ov^ k>0-r5*C7t C* ft* eorton tO f**?Ord JO r^dorj tv PA. H you ro r*oortir>0 M n nur'**. ifi+di I^va ^^ifiA'e bo* to tKj* >0J or* M'W lh* P.*VbC O*l ifr.?CTt*r cr ^ A^trt for |ho Principal. FAST II CSCO.*iOAy ,ROCS5SOR END FT!00!XT3 n4fr**vcntj}-L3CM inSKJO01 mo rvrn* cf tf^ produa tubcti*cry thol most 04cit* CA.'ry &y+cr>t>t your ood product. M ft* C&'j^n, *r>i*r jf> cod* flumbor for th tnd product you rr*4 >od vrH m lb* B*n*riC r*r>* for tt> product. If you *f* reporting p^c^ua tK*t n not iitttd. *rmr tM cod* for {*>**" VSM.-a ti*t*d u6*r t*T*-f*o*t *p*trf*c ^v-^r-4 oi(>yOry of ,fC<Xcf) prsJ wft* *n tn* poo** Mrrg. P*port e*er oMproduct 04 MptrDrNw. For a*fnpf*. 4ydu mt *pC'a*rtM nd r*po*tmf toast***, onttr IU,'*r*#"tO**r'*. Asb**fes V?*^r*i/--For *h Ad product, ler.m Wt Sct>on 2 tM c*mo of tb* nb**to* r^>rro-tb*i owt op*cf*cf*y d**cr-b** in* (2**3c* miu 1* you. mcorporet* into *r<2^oduct. U*>th eofumn. onw* cod* rv.frsba* fpr tS* a*bsto m*'xtur* and **rn* m tSh* p^ono n*mo ?f you ><ory*< mor* \**n e*>* asb***os into a *<ngf* *nd product. t%pn .-* y* eony !*ro* H rt*C**ry 10 report *.'1 **Ortc* mn*r** Ht fM yndpro^rct for ta^rrap^o. rf you rtCOrporat* t*b*StO* m>fbO*rd r*o yet* topttT, your ntri* would b* as fpUew*. Fnd /Vaibtf Asbestos AAVrur* 4 to**r 05*ml'iboord CuJm.ty d A**rt Misfu*# C*nju<r*0-- Coooo** **cb Kb*4tO mrctur* t*^*t n ,*rdL o^F*r to* q>t** of o*c*r r**odom n*t %ou ccmv^*d m 1S80 So*cty th* ^u*ntTy accords totbo on* cf ra*sur* F<xr*d w Socuort 2. K tN urvt Of ra***uT* * no* s*d ro?ort tM Qu*nwy m short ton*. M you* rmoros do net p*rput vou W >mt bW *u*K*>S eertiurr*d *or rop*r*r *no producta, ?S*n ropoa ts* tot*t onNown of McHtyp* of fc^t*fo* and *m*r T' (for tot^l *wt to * PART IH IMPORTERS OF ASBESTOS MrXTVAE(S| OR ARTICtEjS) COV7AIVIHO AHAAfUiSTOS COMPONENT At^rftotMmixa or For **ch ryo* of i**-p*c*dprdwct. local* m oth* S*cton 1 or Sjcnonsith* f*m tn n-o** So*of*c*lrf d"*aA*tM troduct you r*porr. nt*r th# axn mu*tor ivj canwic narr^ forth* i^surted*product. Ostrtrro* Asbestos W*t*rt*z) orArtkitbi Prromrd--Tor each product hstd. r*cord th* t&*i *nnvI Qu*m-?y imported in t90. Speedy C-* Quaouty *ccorp.n9 to th* un'i of meesgr* ftsud mS*ct>on 2. if posaibf*. or according to . ts* wwt of meatur* at rapoatd to th* U S. Customs Service upon rvy of tho merchari^t* *r*o tn* W**td Sit**. Cmr&h* of Asbestos Cornporoots in Artr*--L**t u otbetto* compononts In th* imperred *rtd* by entering th* ham* of t*** .tbm*a< component oppos>ie tM n*me of th* artv^*. K tM r*oor*ed prcdvxa ce an asbeetos rwut listed m Section 2. then you should not C04-C***ilh'* descr^tiOA. 33223 CAP CO JEN 0012420 33224 Federal Register / Vol. 47, No. 147. / Friday, July 30,1S32 / Rales ana Regulations H ----*Q1I> iWII fMWWliiUMMqtflW Ml* nil Mil lin- H iTIlwm II <lm GcCmON 1 -TYPICALTERMS FOR PRODUCTS MADE OF ASBESTOS MIXTURES AV7O0WJ AHO MICnow PRODUCT* ' 101 Omm tr<A* wur>t (IrgM.tnsdrwm *#VPSf 1C2 Dc brsAs pad* llishwnsdym *thcU^ 1C3 OiKVMtN^MvrWoei*} 1C* ftr*a %kxk SftMvr qw*<n#nt) 104 dutch faeny* (*UJ 104 Auwnar* tf*n*mi*4n frietto* 107 (industrial MtOAAKlH 100 ClAtom weu^*tirt bod* M!#r 1C*9 T<*na*v***n4 111 Uu*r til Promt ce 1*2 111 OtH*r (*p#cV C*n#r*c **} APPUAKCE3 114 Apu**:*>:*. industrial and consume# (ip*c4y 9**rtC4rt^) CO^STSI^CTION MOOuCTS 114 -9^ V4 V*W( 115 Cko/*** *-sOU'9 tMnni 117 A/C ^ 110 ?<-* *<r conductor 119 neod* *nd *ww* 120 esnr'fuCKn Su'tdu'g T21 Ppc/j^s. 122 Pool Vwq*** 120 P*ar*o#d 124-Wait cooAnp **** t2J C*.iw i*o*hf urui CLOTH* 125 Apron* 127 2w 1M Gm>,W* A>*1 *"*** 12.9 hat* M<IM 127 OwiHtfl 131 Sw-tt 132 -V flOO COVfAfHSS 113 13* AM*->iCrX-t\l WUM N**t tTrl fUCTAlCAl PAOOOCTJ AVO COMPONENTS 135 CibU i/nJit** 135 Ei*cnon< "otw wpowiti 137 Ei^cticUc**atf** sueoor* 123 Elactttca* fwMihtOfrf 135 Ei*ct'**i tvwtch support* 140 El#cu>c*t vi tmwlansn 141 Motor arr-awr* 14J. Oih*r |i?c ganor* n*nu) EIRE AND HfAT SHIELDING ECUIPWENT AfcD COMPONENTS 143 Arc d*fc*c:on 144 Fi/aCecr* 145 Fitrpttt* ib-sorbwa papnr 146 H*at *h^3* 147 Mottanthaul handing du^/n*m 143 Ov*n *nd F* Mtollarart 143, P>p* wap ISO Ste** Wg.otf4Ma{ t SI Sto** $.p* nng* 152 S**r-a4 113. .aioMae 134 Gf*/ '.to*&*r /ww TEXTILE AND PELT PRODUCTS (OfS#r than 179 AJg-n.mx*d e<otH 160 RogaoffefHVpg 131 V:m. l*p. or r# 132 W*fc 1S3.K 154 1W. 8**nk* 133 CQJ*cp*d6nf 187 Com^wctfl/Mttwttrrat dry*r 183 Ony-- ICS Dnp pom* 130. Eft ho*** 191. kWJ beard p*d* H fnauUiAA 192. W*Art*<, tamp ot C*t**H< ha*W 193. r*duvj and pack-ng contponano 134 P*#no and 0*0** lp& 135. fit** tse.Tap# 107. Th*a*r curtains 153 U*sre Otr-K Ji$<uc>r "U| 155 rv6b*r **oeti.#.'0 wp ao3<iai 154 S"*t gipK*9. rutt*r ncao*Ml*<3 CPVMM4 UlSCSLLAWEOUt MOOUCTS . 900 Aa/wpl Ott/tM |t*r*4 201. A^jUc*i po3uCU 2S2. Anvw^ion 157 Cb*K***+& *****t 9*OLa(M9 203- *4ontoe r*nfore*d >*aoc prO/Xet 153 M*m #*4ort*d 9**Ue> 159 A<Ap*<o** }MtM 204. Asn rr 205 0*^09 160. a->*r KAAiNE fGCtr^tST AAO 8UAKif9 203. CtA^hMftW 207. CrtfiMKti 2CA ChwucW tA^U,9*-6 ntd^l> 191 ^vu I2 tirWj. pc*W 6M4 2C-9 F**r* 2)0 C-*pmmatt 1&3 M*r-** X4?>*4 tW Orh*/Ivuofy fta#p*^ 211. Cvi ^-p* 212-v*Wry a^uo^*At 213.K*im PAINTO, COATINGS. S3ALAWT9. AW> COMTOOhDI 214. U-ro *oc6 195 AvjejX ar^ourdt 215. Lp>3 twa* i*J ?rP* 103 AuAi-^orr^/^PuOtbodf 107 8v*h*9 v>4 oonafuAp 0*rp"*a 21B. Lmw> lor vrJtt. ur* NPhrC^wx. *f4 hbry miArd 163 Caw-^rA^ ^MCfPAg au^prswn** 163 {Wb^ ib>4 217. ?T4+cyK* t*cord 215- PrTr stir 170 o,i >rpwwd< 9177I.rAGuUhfuo^* 173. 3*IU 4T4 BwCO* 219 rrf ciap** 220. Ct>w (*p*c4y 9 174. Fv*Tfc *aa, ii**^*. r4 Mi CO^CUP^tf 175. H'o* =d#t94 175 fj-eus*t 177. T.H 17A Ci*w ;**74r 0*>W)c rv*04 SECTION 2 TYPiCAL TEAMS rOH ASBESTOS MIXTURES PAPERS, FL7S. DR BEUATcD 7P00DCTS Cl coriAwe*! p*p*r 02. rt%**4 03 C4 t-i**'f** urrjp 05 OeH*r<Kil m^ttrhp >*9*< C6 h<9h-pr*o +*curcW p*o*r 07 ur-t*twrai*rf roo'.Pfl I*4! C3 M1kXt*09oltr^ (*R C9 fhXKUUj 'K 10 COeru$lt*4 p*9*f 11 x>*C'4>Y P*p*r (rp*tfY> FLOOR CO'/fRi.VOS 12 VM^yt-fci>rj!p* Moorlit* 13 *aP*l9''*'t>8*di*4v<nrlfloor>9 A5EST03-0EMNT PRODUCTS 14 A/C f>P* *r*d fiRi^pa 16 A/C h**(. Ifat 16 A/C !>*< cc/ruQiT*d 17 A^ShmpH iSartten* ihortton* iy1 lent ahort (qa* *Sort ton* sea tw-a then ten* gSerUsna hcrt ion* Ihcutoni K'jMt vrP a;wr*Y*rp* Sort too* 100 v^uara 1*t lOOAau*/*/**! q^** FP>CT10N MATERIALS 16 4sm fer**m fuv.i^ v,`9^-h*>J^n v*Al** P*CM 16 <v*c braw >*0 (t-9H-n*3n#m vhW| 20. $ briA p*M ^wpma*t> p>ea< P*C** 2t. Sr>t* S4x *>**Prtr Kup/W4 12 dvte^ laoryt fM p*aw p*cw 23.9uaxsR< TT<o*r^'Uorj fr*5liort CP<tvpon*Aap<** 24, Inetert (uy>rtn*l rnd ccrur^Kpi} prt** TEXTILES 23. doth 26 ibrm4L yam. tap, rprlng. cerL rop* crvndt pound* pound* OTHER PRODUCTS 27 S**<wrt^9l0<SrtMb*#<*r*iPd 23. pacing 29 pantv I'tj k'*ci coaenp* 20 </**rvM aM aa*tjnti 31.4a#Ks-'ant$*r*0 plaatca 32 tC4wItrtm*t*raUPPt!>*hra pt*rf*6 (n M 33 r>P4tx**pac**fi*4 a*b*tO* 56*r 34 ot.Sr (n cl guar# r*<d* pound* $aioAi pounds **<rt lens SUIVO COSE 6SS0-S0-C CAP CO JEN OOI2421 33225 Federal Register / Vol. 47, No. 147 / Friday. July 30, 1982 / Rules and Regulations (b)' JReservedJ 1763.78 Sunset provision. All requirements of this rule will terminals five years after promulgation of this rule. This provision is not a defense to any enforcement action based or. noncompliance which occurred during the effective period of this rule. (fR Dc< Filed 8IU.IHG CODE IStO-iO-U *4$ mj CAPCO JEN 0012422 : -.V ! - \> i- r*J?,' . .' ac* * v-" '' > * -r* ** , ,, ; *; TT' ' i *-t-.*??;'~VC? T*-* I-* ; ,, J--'!; -> . V ;FHday^*}v ::C *,.*' -* -~J* ` v' * * :,,. * '' *.* *: * * v. \ I '--r: M,* . ;\r: f...|v- . 1 -:---. . . \ .* > . i''.' > : !*.* **'/ Part VII Environmental Protection Agency Asbestos Reporting Requirements . \f - . : K% :: . - .- . :. i''i'1 ,, '.-1V.- .Vi/*; ~ ..... tiji.i.':-': i-il ii? T.< . S-'-'}?;: e . V. : '*-.nu v'_.*'j fv.*\sa - .rV';-. :-r ' ' . -`'t' . >rr^`rrr; - ? '* r ? fc'Xt > . ....... .......... -r^:` ' . : mi2ii .V. CAP CO JEN 0012423 ;-;.b 8 33198 Federal Register/ -Vol. 47, No. 147 / Friday. July 30,1982 / Rules and Regula'tioris' .'. -' ; ENVIRONMENTAL PROTECTION AGENCY /v-_ EPA will require reporting in'two needed for determining the cost and phases for the second group--secondary .? ' effectiveness of potential risk-reduction '''processors of asbestos (secondary y'f if-.'- steps..The Agency will consider this 40 CFR Part763 . processors of asbestos make products^^. reported information in calculating the - from asbestos mixtures, not bulk; extent of exposure from asbestos and in tOPTS-84004B;TSH-FRL 2124-4] " asbestos), and persons who import determining where the exposures Asbestos Reporting Requirements asbestos mixtures or other products that.._ present an unreasonable risk. The contain asbestos. In the first phase," 'Agency cannot now adequately agency: Environmental Protection Agency {EPA). _ '", . . , ACTION: Final rule. .... companies will have 60 days from thfe _, determine what asbestos-containing .* effective date of the rule to identify.^ products are currently made and who themselves and the asbestos mixtures ;.. makes them. While there are over 3,000 they process or import on EPA Fjjrmuv.^ .. existing patents for applications of summary: This final rule, tinder the authority of section 8(a) of the Toxic Substances Control Act (TSCA), IS. ' U.S.C. 2607(a), requires reporting to EPA by asbestos manufacturers, importers, and processors. The information sought includes data on the quantities of . asbestos used in making products, employee exposure data, and waste 'disposal and pollution control equipment data. Reported information will be utilized by EPA and other Federal agencies in considering the regulation of asbestos. . date: This regulation becomes effective on August 30,1982. FOR FURTHER INFORMATION CONTACT: Douglas G. Bannerman, Industry Assistance Office (TS-799), Environmental Protection Agency, Rm. E-511,401M St., SW., Washington. D.C. 20460, Toil free: (800r424-9065). hi Washington, D.C: (554-1404). Outside the USA: (Operator-202-544-1404). SUPPLEMENTARY INFORMATION! ' ' OMB Control Number (2000-0478). 7710-37, `Reporting Secondary' asbestos, there is no information or Processing and Importation of Asbestos Mixtures." EPA will then select a sample of respondents from this.Identification phase to complete the, detailed EPA Form 7710-36 in the . second phase of reporting for this group. After considering the substantive comments to the proposed rule, the Agency has changed several provisions of the proposed rule to reduce the.-. burden on repondents without " : which ones have been used . commercially. For example, persons '.who commented on the proposed reporting rule identified some products which the Agency had previously not identified as containing asbestos. Individual reports which identify firms,production sites, and asbestos products will provide an inventory of asbestos use that is not presently available. significantly decreasing the value of the The regulatory investigation now information that this rule will collect ' underway is examining the separate and The two primary changes from the ' cumulative exposures to all types of proposal are (1) respondents must; . populations that occur during submit data from only 3 yefars on-Q*1^ ... p..roduction, manufacturing, use, and Form 7710-36 and (2) the recordkeeping * disposal of asbestos products, requirements for customer lists'end 'Concurrently, EPA scientists are monitoring data are eliminated." A full- developing a health risk assessment to discussion of the substantive comments, use in quantitatively predicting adverse and EPA's responses to those comments health effects resulting from exposure to can be found in a document entitled asbestos. Information from this rule will "Public Comments on the Proposed permit the Agency to attribute TSCA Section 8(a) Asbestos Reporting . . accurately'the risk in specific industries Rule" which is part of the public record ' or from specific products to a portion of for this rule and is incorporated into this the overall cumulative risk. The Agency document. .. will use the data to identify areas where I. Introduction ' " ' EPA proposed a rule in the Federal Register of January 26,1981 (46 FR 8200) ` under section 8(a) of the Toxic Substances Control Act (TSCA). to obtain information on industrial and commercial uses of asbestos. The Agency received 80 written comments on the proposal and held one public meeting. This preamble explains the provisions and procedures of the final rule and the changes EPA has made to II. Purpose of the Rule exposure levels should be reduced. The reports will also identify industries and This rule will obtain current products that require no further information about major aspects of'. consideration. asbestos manufacturing, processing, and ~ importation to support the Agency's ' The Agency is assessing all available information and conducting factual asbestos risk investigation. Under TSCA, EPA is examining the costs and the benefits to society from all applications of asbestos in order to decide, within a range of potential . options, what actions may be necessary discussions with industry. The information collected through this rule...yvill offer a neutral basis from which the _ Agency can establish agreements, as- ^ "appropriate, for industry to take to adequately protect the public health-V voluntary steps to reduce the levels of. reduce the burden of the rule. ' The basic design of the rule remains unchanged: it divides the asbestos industry into two groups for reporting exposures,---------------------------------------- . . .. purposes. EPA wifi require detailed of current regulatory activities; In - proceedings to control exposures in - information on EPA Form 7710-36, addition to providing data for the-TSCA^cases where non-regulatory actions are "Reporting Commercial and Industrial ' investigation, this information nde.wilh^hbt appropriate. The Agency will ; - .' Uses of Asbestos," from the first support decisions on a number bfi^s examine the various Federal statutes to group--persons who mine, mill, or import bulk asbestos, or process it to r_________________________________________ ______,. .. . ...to-. total picture of the current situation that-.l ??5e.ct tfie necessary control. If TSCA ; form an asbestos mixture or product, will help focus further acfivitiesTn the|S^provides the proper authority,the-"-: such as asbestos paper. The latter most appropriate manner.': - '~^#Si'^AgencyJhay.takeieiclions to.control * ' persons are called "primary processors Information obtained by this ride,-iSF-specifiquses of asbestos which involve-" of asbestos." This first group must along with already available data, will;jtj;^.Hsks.that are found to be'.'-/' v.'. k " report within 90 days of the effective be used to describe the exposures' and'-^l'iTihreasonable" within the meaning of date of this rule. -' ` economics of asbestos use to the extent'-;'." section 6 of TSCA! The Agency may . CAPCO JEN 0012424 Hi? i ti 11 r*Federal Register-/.jVol.-i7,iNo.' `l47i /.Friday;'July 30,. 1982-/dluliis" and^Regulations* *': > 33199- determine that labelling ofproducts>.::.':; products from bulk asbestos, very little/-1 will characterize activities at the plant-"" would sufficiently reduce the risk.'" ; data exist on secondary'processors./ V site level, which "will permit the Agency"1-- ' If the Agency determines thatV" ' *;" > Further, all of the information that is to analyze how specific actions would "" :' / regulatory measures'are warranted available is inadequate in several -*' affect various elements of the analyses. under the authority of section 6 ofV- ' respects. The basic data source of - - Most of the existing information" " " TSCA, the Agency will use information' . asbestos consumption patterns is from . - consists'of estimates that are based on' from this rule to support regulatory >; the Bureau of Mines. Many of the >-. . data which may not reflect the current; "` * impact analyses required under "- : documents concerning industrial and - situationbecausethedatawere"--"-/--" Executive Order 12291. A complete data ' commercial uses of asbestos dte the gathered manyyears ago.'Tbe most- base will allow the Agency to choose . Bureau of Mines data. However, the comprehensive information"available" and document better die most cost- !v ` - data used by the Bureau ofMines to-/ covers the years 1975-1976, and it was effective regulatory approach. The determine asbestos consumption are - generated to support, and respond to Agency will consider ml relevant from an"annual voluntary survey of only OSHA's proposal in 1975 toiower the ' information that it can reasonably a portion of asbestos processors and, for asbestos workplace standard. Present" ' obtain from the current manufacturers instance, do not count 40 percent of the information indicates that significant and processors who would be most bulk asbestos we know is imported. The changes have occurred. For instance, the affected by regulations. - ... Bureau of Mines estimates that the. U.S. Bureau of Mines reports that A. Needfor the Data asbestos consumption figures are ' accurate only to 50 percent EPA apparent consumption to the United States ofraw asbestos fiber declined 36 - This reporting is being required expects to attain a higher degree of percent to 1980, with a drop to because adequate data are not accuracy because virtually all of the - consumption from 658,847 short tons to Otherwise available for the present : . processing of bulk asbestos will be - -. , 1976 to 358,703 short tons to 1980. - investigation to determine where reported under this rule and this Changes have also occurred to the . > unreasonable risks from asbestos exist - production will be reported according to number of employees and the patterns and the appropriate approaches to.. well-defined categories of both .. of asbestos use. Information gathered reduce those risks. Information that is companies and products. In addition, through this rule will ensure a." currently available to the Agency is EPA will be able to characterize all representative picture of the present sufficient as the basis for qualitative industry segments with greater situation and it will update or verify generalizations about both the value of confidence from data obtained in the where possible data that already exist using asbestos in its various application and the risks from those activities. Yet, the Agency has no set ofinformation . that it can reference in quantifying', either the risk from or the value of the various products and product subcategories. Before drawing any final conclusions about asbestos, the Agency needs a data base that it can use to characterize the current situation with a greater degree of accuracy. : EPA has examined all information presently available to Federal agencies and solicited information from industry prior to the issuance of this rule. Agency personnel and contractors reviewed the extensive literature concerning asbestos: obtained information from other Federal agencies; and developed new data and made site visits when possible. The search for information is " representative survey.Agencycontractors who have developed the preliminary analyses for the asbestos .. investigation participated in the design of these information requirements to ' ' ensure that any gaps and shortcomings of existing information will be corrected to the extent possible."-. Available information provides general characteristics of the industries which make and process asbestos ' products. However, the information is already in an aggregated form and discrete components cannot be separated from the totals. For instance, at this time the Agency cannot characterize many products because - data about the asbestos products are mixed in aggregates with data about sirmlart/non-asbestos products. The underlying data of the aggregate?,- which The US reviews EPA's search for - information within EPA and from other Federal agencies. Data have been acquired from the EPA Compliance Data System Asbestos National Emission -- - - Standard For Hazardous Air Pollutants (NESHAP) file, inspection data from both the Occupational Safety and Health Administration (OSHA) and the ' - Mine Safety and Health Administration (MSHA), reports from CPSC's General Order (see the following paragraphs}, - and importer data from the U.S., Customs Service. The Agency has - acquired and evaluated information . from these agencies, end concluded that these data do not adequately substitute for the information to be gathered by- thisrule. . - A significant source of information on ' described in an internal EPA document entitled, `Technical Information ' are needed for the Agency analyses, are exposure levels in industry is the not available in most cases. For Occupational Safety and Health -. - Summary" [TIS), which is part of the - example, the Bureau of the Census is Administration (OSHA). which has * . public record for this rule. The TIS _ " ' summarizes the various sources of' precluded under Title 13, U.S. Code," from disclosing individual reports it. performed workplace inspections since -- it promulgated the workplace exposure ' available information both in published receives. Further, the information IS too, ."- level standard to 1972. OSHA record? literature and from Federal agencies," ' superficial to analyze"separately contain a great deal of ahecdolaT'ttev;""-1 * - and it evaluates the usefulness of the ' subcategories of products. In "some ". information but, for theTolloWing r?'1-, - information to the Agency. Additionally, areas, as is the case for most secondary ' - reasons, few generalizations can be ' the TIS describes efforts by EPA -- ; processors, existing information Is too" drawn about industry-wide exposure. contractors to conduct necessary v sparse to enable the Agency to make.;.;!/".* levels or the number of workers that are . analyses and the problems they have -. any but the most general estimates. exposed. Because OSHA'does not'c-. encountered.'- The lack of detail in available uniformlyinspect all industries; it is V?-.' ' ' Briefly, the "Technical Information; v. difficult.to'make'statisticallyvalid.4'-"-1-:'-'- -/ Summary" contains the following .`extrapolations for all of industry.-Vp''- -'- . conclusions about Government and regulatory orvoluntary actions one . . Moreover!" approximately 80'percen'l of-'-v - " industry documents that are available: >' single product may have "on a'inulti-?/'-^-'; OSHA's tospecfibns.are in response to !i-` - - While information is available generally product tadusfry'and to quantify;?;'""---1?/* complaints." and cahhotbe'extrapolated to characterize the industries that make - expected reductions to risk-Thls to make Industry-wide'esttmates.- '.^1-? "1 - CAPCO JEN 00124-25  33200 FederalJlegist0rJ^Vol^4fy>No^l4^^ Inspections responding to complaints ;.p ' that isjart of toe public record for this .,,.. activity that is assessed. In toe case of r- generally examine only the Work area of rule." :-rf ^ asbestos, the number of premature concern to the complainant and.V<:r-c : In toe TSCA investigation, toe Agency deaths and related health care costs are therefore, the data generally.do not";-,..- will,use the information both to describe toe primary societal costs that can be - - represent the facility-wide exposure toe current situation and to forecast.......... quantified. The assessments for each situation. Finally,'reports are available', changes either in the absence of c.v category will be considered as a whole,.. on Industries in only 34 states,' because^; additional regulation or as a result of. . both to determine the overall extent of - the other states have been authorized by new actions. Analyses will be risk presented by asbestos and to .. OSHAto conduct their own inspections.]' conducted on several levels; industry- -, attribute to each category or . .The Consumer Product Safety/j.'. wide; by product category; and product > subcategory their portion of toe total Commission (CPSC) required me-... subcategory. The Agency will use risk. As already stated, toe Agency will manufacturers of specified consumer reported data to prepare exposure products to submit certain information..^' assessments, analyses of control* concentrate its further efforts on products that appear to pose toe about how asbestos is used In those, options, and, if necessary, regulatory greatest potential for human exposure. products under a General Order on impact analyses. ' . The risk assessment may show that December 22.1980 (45 FR 84384). The. Agency is examining the siibmitted'data ` where respondents did not object to CPSC's sharing the reports with EPA. This rule contains a provision whereby companies need not report the same' information to EPA if it was already reported to CPSC without objection to CPSC's sharing toe data. However, toe data from this General Order does not' fully substitute for this rule because toe Agency is interested in subjects beyond what CPSC asked, such as employee exposure and plant-site emissions. Agency contractors have encountered a great deal of difficulty in performing their assessments with information that is available. A principal problem is that aggregate information about broad product categories is all that is available. This shortcoming in available . data is significant because toe contractors have found large variations' in toe .ways companies process asbestos, control emissions, and dispose of wastes. Their draft reports contain many generalities and qualify many ~ findings by citing the unreliability of available data or the absence of certain types of data. The contractors have individually attempted to gather additional data from industry, but have found that companies are reluctant to disclose confidential business information. Agency staff have intervened by officially requesting needed information; however, very little data has been submitted as a result. B. Uses of CollectedInformational _ The first analysis, of toe reported data will be toe exposure assessment where toe operational objective is toe development of sufficient data to determine cumulative human exposures. For toe exposure assessment the rule will Identify toe primary processor manufacturing sources, counting both workplace exposures (numbers of workers according to their general category of work and their exposure levels by product line) and toe exposures to populations living around toe plant-site (environmental releases from pollution control equipment and from'uncontrolled vents). Tfye size of toe exposed general population afld associated exposure levels will be ' - computed using recognized techniques to analyze environmental pathways and monitoring data that provide the basis for modeling. In a sample survey, toe' Agency will learn how asbestos mixtures are used by secondary processors, who will provide facts that characterize exposure levels for their operations, the size of their workforce, and exposures to the general population. Primary and secondary processors will report the kinds and quantities of asbestos-containing waste they ' ` generate, which will permit analysis of possible fiber release into toe atmosphere from waste.sites. Importers will report toe types of asbestos- containing materials that currently enter the U.S. customs territory. The Agency will relate production reports by . secondary processors and importers toe total risk is so small that no further consideration is warranted. Alternatively, it may identify a particularly hazardous, apparently unnecessary situation that the Agency may want to investigate further. If toe latter is the case, toe Agency would examine the particular situation to find if there is a way to reduce toe exposure levels. The particular situation could be referred to OSHA if it is a correctable workplace problem. The Agency would also examine the situation to determine toe cost and availability of substitutes. This rule will not obtain information about substitutes; the Agency believes that it already possesses sufficient ' information to conduct*analyses of ' substitutes. A great deal of information about toe development of substitutes has been submitted to toe Agency since toe initiation of toe asbestos . . investigation. In addition, EPA and ~ CPSC jointly sponsored a national workshop on substitutes for asbestos in July I960, where a great deal of information was presented. A record of the workshop can be found in toe EPA publication "Proceedings of the National Workshop on Substitutes for Asbestos", EPA-560/3-80-001, which can be acquired from the National Technical.. . Information Service (NTIS). . ................. The Agency will also examine a hazardous situation .to determine why it; exists and toe likelihood that it will....; continue. With the level of risk already.^.-.defined, Ag'e'ncy'analysts would determine.toe value.and. benefits that j > The section 8(a) data will be used for \ with existing data to estimate the kinds- '.. can be attributed to that.sjtuatipn. With... analyses in the TSCA regulatory' . ofpopulations that may be exposed"' a baseline understanding of toe current..; investigation and will be useful to other . during toe installation, use, removal,.and ^ economic value. Agency analysts .can s, ~{ EPA offices and other Federal agencies;.. disposal of the erid-prqducL%;.V:''-|j';,^],'.t^ forecast the situation as it will be.rq.-,'; In preparation for obtaining these data,; This exposure assessment will .be]^7tl several years later.if uninlemipted.by " toe Agency has developed plans to.;.... performed for each asbestos product.. regulation Trend analysis permits the.;-:-. automate the information in a manner;, , . pQlannnr enrl fn mnof noeoa 4TihT A'flpnrv^' * AgencyJo apifyjhe,effects.of market;;,-.- that will maximize the utility'of toe.--.-.:-., forcea toafencpuragepr .di'scourage^,Q;,c,,. information to toe Agency. Other Federal subcategories. Theexposure.faclcire.willij. '^owtKlB.ase.lin'e'datacan becVed .to- " agencies, and toe public. A full-i,-r;... . be used as.ihput to appropriate.dosfrj.'ig,,.' predic.ttoe_.future]8ljuatiom]whichcan-..'?. description of bow toe Agency plans to., response studies to`estab|ish*a risk';(i?i\^ : toe'nbe Mmparedjp.p.rojeptions.pf.l;|;i.-j'... use the reported data including vV, factor that describes toe estfmated.'^j^j-.'.regulatpry_`effec[s to..estimate the computer-generated data outputs, can- - . number' of premature, deatos.to allj^:1iy'-.,,-V ina-ementarchange.that.co.uld resultjlT.V be found in the Information Use Plan . populations as a result of toe asbestos,,:,!. ,T 1 A' H''-' ' , .. CAPCO JEN 0012426 I j__________ Federal 'Register / Voi.47,1-No.'i47/Frida'yi July 30, 1982: /''Rides and Regulations ! 33201 principal economic measures tiat will:' ' Hazardous Air Pollutants (NESHAP).';-', . Primary Form,' and will report all vs be determined from'dale obtained '-; Data from this rule that characterize and asbestos Importation and processing''-' through this rule are the value of.-'Y-, quantify emissions from stationary*;" activities in the first reporting phase. In f production, the importance of the " sources, the current economics of the addition, the Primary Form contains ' t asbestos activity to the total value ' industry, and its pollution control ' - - separate sections to be completed'in a produced at the reported sites, the ' ' pracUceswillbeofvalueduringthe' "" second reporting phase by a sample of number of employees, the relative value appraisal of this 1973 standard. EPA's persons who are only secondary , v;-; .: of imports to exports, and the relative - Office of Solid Waste (OSW) may processors and Importers of asbestos-! value of production to the Gross'!'. develop guidelines for the handling and containing products. Persons from those National Product..These measures will . disposal of asbestos-containing wastes. - segments who are selected to complete Illustrate the monetary importance of OSW expects to use data from this rule - the Primary Form during .the sampte.. the product to the plant site, to the ' that quantify the kinds ofwaste';: survey will complete the applicable'',lr',J company, to the total asbestos market, presently generated by manufacturer* - sections (see discussion below in unit to the nation, and to the balance of - and describe how and where those VI, "Reporting Procedures"). ' trade. . .- ~ Primary processors will report the value of their production for the last three years, describing the amount made for both export and domestic markets. Data from three years will permit analysts to use a multi-year average that is more reliable than data from a single year. Primary processors will report their consumption of bulk asbestos each year and estimate the relative value of their asbestos activity to total production at the plant site. Secondary processors will report the production of end products in which they incorporate the asbestos material and the purpose of including that material in the product Both types of processors will report the total number of employees at the plant site as well as the number ofproduction employees making subcategories of end products. With this detailed information, the Agency will be able to predict the future value of production and to establish what might be the economic effects of regulation. Where the Agency finds that: companies currently dispose of their wastes. Information that characterizes the kinds of asbestos-containing waste and current waste disposal practices will permit analysts to determine the relative degree of hazard posed by waste disposal activities. The Consumer Product Safety Commission (CPSC) is examining consumer products to determine what products may pose a chronic hazard to consumers. EPA has coordinated the data requirements of this rule with CPSC to eliminate \ duplication and to ensure that the reports will be useful to the CPSC investigation. This rule will provide a listing and quantification of imported and domestically produoed consumer products containing asbestos which is not presently available. OSHA and . MSHA have supported this rule ` throughout its development, because a current listing of companies, products, numbers of employees, and exposure levels would be very useful in reviews of the asbestos workplace exposure . standards. 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 1981, and the products into which these mixtures and components are incorporated. The Secondary Form, to . be completed by secondary processors' and importers of asbestos-containing products, will serve several purposes for the Agency. The procedural purpose of the Secondary Form is to permit EPA to identify the companies in these groups in the least burdensome manner so that only a representative sample of the' groups will be required to complete the Primary Form. The information from the Secondary Form, because it identifies .. firms and products and production amounts, will in itself provide EPA with valuable information. Data from the Secondary Forms will show the breadth of the secondary processor population and the variety of asbestos-containing regulatory proceedings are appropriate, III. What to Report products that are presently . it will, through this rule, already have collected information necessary to describe fully the expected effects of the possible alternatives and to perform the analyses required by E.0.12291. Thus, a complete data base provided by this rule will preclude the need to obtain additional data later in the investigation, which would delay resolution of the investigation. Timely action will benefit the Agency, industry, EPA has developed two forms which manufactured or imported. Finally, the are to be completed by respondents. The reports of the quantities of asbestos . composite form, EPA Form 7710-36, mixtures that were consumed or "Reporting Commercial and Industrial imported in 1981 will permit EPA to; Use of Asbestos," (hereafter referred to gauge the present levels of processing " as the "Primary Form"), has individual and importation of asbestos products. . sections for reporting data' about These data will be used in estimating products, production, asbestos potential worker and consumer, .: consumption, employees, workplace exposure and in judging the economic exposures, waste and disposal, pollution _ consequences of alternative options. In control equipment, and estimated addition.'knowing the products and the public by providing a means to quantities of asbestos emissions * " secondary processing will support '-';-.1.". take immediate action that protects Production and importation from 1979-:.- - public health and by removing a cloud - 1981 will be reported by category of.-Y-.i. of uncertainty over other uses of ;r.i asbestos. -; product, rather than by individual product lines. Respondents will fill outt; -IV-. -Who. R..ep.,orts'".-v -S....'p- uuv', . The primary purpose ofgathering the sections that apply to them. Each':.r . - Thisfule defines who must report and these data is to support the TSCA-' respondent is to complete the relevant what to report according to the t;!---- investigation. However, as noted earlier, . sections of the form depending on the.1!;.;! industrial activity of the respondent' I other EPA offices and Federal agencies - activities of the reported plant aite.-Thaq; `during 1981. The PrimaryForm must be '. may also utilize the data base in any c instructions to the form clearlyTisflKS'^* ^completed by all persons who mine,"'1'-: studies that involve the'commercial and-' sections that are `to be completed bySHS-'! imUhimporfor.process hctlkasbestos;?*'-. industrial uses ofasbestos.'EPA's" Office - miners"and millers! importersofbuuoblij ?Jh"e Secondary.Form must be completed of Air Quality Planning and Standards1 asbestos', and primary processors by secondary processorsor'persons who (OAQPS) is reviewing the Asbestos'.- '.- respectively. Those persons will sjvbUL'm; import asbestos mixtures' or articles >;!" - National Emission Standard-for"--- ' complete all applicable sections ofthe??. containing asbestos components. Some ff :v' iV-i CAP CO JEN 00124-27 y 33202 "Y Federal Register / /Vol. '.47,-No.\147 : / Friday,'July 30, 1982 / Rules and Regulations ' -T :& - -Mi' a{these persons will be selected products;For example, persons who Administrator determines that It is - subsequently also to complete the:;.-'.;-. fabricate asbestos cement sheet by .... ' "necessary for the effective ; Primary Form. This section will clarify ;;, cutting the sheet to make an electrical' ' enforcement" of TSCA. Those who' the meaning of some of these terms that switch board, or persons who make'- ~ manufacture or proc are specific to this rule.-.^ln garments by cutting an asbestos textile, ' mixtures are also ne Under this rule, a manufacturer,is al,. are secondary processors. A person who of asbestos, the chemical i person who.mines or mills (produces) fabricates asbestos cement sheet by-'.; - Therefore, the "effective < bulk asbestos or a person who.imports cutting it to a specific dimension for a".-.- finding is not needed. Nevertheless, the asbestos either as bulk asbestos or as - customer is a secondary processor. An characterization of these products and . > part ofsi product. Persons who. In; . - : automobile manufacturer is a'secondary processing activities is essential to the ' addition to manufacturing, also process processor if he incorporates asbestos asbestos investigation and to the exent their products will report as both fell into an automobile as a hood that such persons can be regarded as manufacturers and primary processors, insulation blanket or makes heating vent manufacturers or processors of . as described below. This role does not ducks from asbestos paper. A paint mixtures, the Administrator finds that it require reports by manufacturers or formulator is a secondary processor if is necessary for the effective processors of products which contain he purchases a paint that contains enforcement of TSCA. For a more asbestos as a contaminant or an' asbestos and reformulates the paint by detailed discussion of this issue, see the impurity. While the Agency is concerned adding some agent to give the paint preamble to the proposed rule at 46 FR ' about the health risk posed by fibrous' special properties for specific 8204, which is hereby adopted. . minerals in many ores or other products, applications. A complete list of tfliiK subject is not within the scope of categories of asbestos-starting materials V. Exemptions From the Rule the present rule. ' and products may be found in EPA - The Agency is exempting certain TSCA defines a processor, in part, as Forms 7710-36 and 7710-37. classes of potential respondents from a person who prepares a'chemical ' Those who import an asbestos the requirements of the rule. The substance of mixture, after its mixture or an article containing an . exemptions are designed to reduce the manufacture, for distribution in asbestos component(s) are required to overall burden of the rule while still commerce. Ibis rule classifies identify themselves and the asbestos obtaining sufficient information for processors into two groups according to component(s) of the imported product analyses that are planned.. * their starting material. "'Primary - .. By this requirement EPA is attempting.. All companies employing 10 or fewer. - processors of asbestos" sire those whose to determine what asbestos-containing ' employees are exempted from the - starting material is bulk asbestos. products are being distributed to - - - requirements ofthis rule. EPA estimates "Secondary processors of asbestos" are .consumers and to industry. This will that over 40 percent of companies not those whose starting materials are ` enable the Agency to estimate the total otherwise exluded will be exempted as asbestos, mixtures. A- primary processor starts with bulk health risk posed by asbestos, including the risk from imported products. The a result of this provision, while firms that account for approximately 97 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 mixing or ' repackaging of fibers is considered primary processing of bulk asbestos for the purpose of this rule. Asbestos mixtures are products to which asbestos fiber has been intentionally added and which can be used or processed further and incorporated into other products.' For example, asbestos cement, asbestos 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. To ease the burden on companies that import a number of products that may contain asbestos, this rule requires importers to provide.information relating only to the products listed in the reporting forms. Therefore, in some cases, EPA will not learn of or obtain data on all imports percent of employees and sales will still be included. Further discussion of this provision can be found below in unit XIII, "Regulatory Flexibility Act" Certain secondary processors are excluded.from this rule. Secondary processors are exempted if they apply, assemble, install, erect, or consume asbestos products without modifying or fabricating the asbestos products. For instance, an appliance manufacturer' who installs electric motors containing paper, and asbestos-reinforced plastics are asbestos mixtures. In some cases, a primary processor further processes the asbestos.mixtures. If so, the person is ' that contain asbestos. However, the lists of products are very comprehensive and EPA expects to obtain information on most imports that contain asbestos. asbestos components is excluded if the motor is made elsewhere. Similarly, an.-.automobile manufacturer need not report the installation of pre-fabricated;; afemaa secondary-processor. For- - Some products, such as automobiles, are hood insulation blankets if no. li.Mb; so- - instance; asbestos paper can be further deliberately omitted because the fabrication is required during processed to incorporate it into an " - Agency can.otherwise obtain necessary installation. An airplane manufacturer k.*; article, or asbestos-reinforced plastics information: Importers should note that'i would hot report the application ofi;.;f,';-' can be further processed to make vinyl- under this rule, they are not required to.. asbestos-containing caulk. Included in'.;, asbestos floor tile. Under this regulation, - conduct extensive research or to contact , this category are secondary processors v persons who are involved in both : " ' the foreign. m..a.n.u.fa.c.t.u.re.r.tTMo l_e_a_r_n_t_h_is.... - who merely adjust an asbestos mixture primary and secondary processing-V information. Thus, under the ru!e, w*. prlor-td or during assembly or?,; j.'-f.-i'; ] 1 activities at the reported plant site must importers are required to report to the installation..While .the. Agency believes report both types of activities on the : extent that this information is in theiribz there^may.be risks from.asbestosififiy/r.; . I" Primary Form: Only persons who are n..*. possession. ShVwSSjftitipS.:. exposures inthese categories/it.expects.' solely secondary processorsat theiv-',- - - . -This rule requires reportingbyioSj^*. to. completenecessary analyses .with reported plant site report as secondary.;, manufacturers (including importers) and . estimates and extrapolations .ofdata vri; processors.l irAi-fir processors of asbestos mixtures.' Section reportedJiy;the persons.who make the ; "Secondary processors" are those. 8(a) states that reporting asbestos-containing products that are.' i who start with asbestos mixtures and - manufacturers or processors of mixtures -. processed by the'exrduded.industries.* * incorporate them into their own' should be required only when tha^ji-ci/i. For example/processors infrequently.-;.;'' ................ . vttefe- CAPCO JEN 0012428 i '..-'V 5*; 0*J1 Ui'il ---- -Federal Register./yVoL .47,1No. 147 V;Friday,<JuIy i30,-1982 -/ Rules and Regulations- "true" pre-fonned brake linings during "asbestos mixtures or articles containing homogeneous strata and then sampled ' assembly with brake foundations to get asbestos components, all such activities,' by stratum. The strata will be defined by a better fit In this case, reports from including those'at otherplant sites, must - all or an appropriate subset of the-1' ' ' manufacturers of the pre-formed brake. - be reported at the same time the person - following variables: reported asbestos- . linings will sufficiently quantify reports as a miner, primary processor, or starting material reported asbestos end production of the friction material. importer of bulk asbestos..' '> !U product, and the volume of asbestos-' - product subcategories. Exposure EPA will require reporting in a in starting material annually consumed.'1-'": scenarios for the excluded industries ' different way for persons who are solely' Additionally, the population' may be can be quantified by relating expected secondary processors or importers of -. further stratified according to size (the ' exposure levels with the quantities of. . asbestos mixtures. Apparently.there are" amount of asbestos mixture processed - - products' that are made. Therefore, many thousands of persons who are ' or imported] and geographic location, - reports from these excluded industries secondary processors or importers of which will ensure that any sample fully are not essential.'' asbestos-containing mixtures. EPA has . represents the whole population. The This rule also exempts persons who _ devised a scheme to reduce the type of asbestos-starting material and : repair articles,' repackage asbestos reporting burden for these companies. - the asbestos end product would permit mixtures without modification, or who . - engage in construction work. The Agency proposes to exempt these persons from reporting primarily" because so many persons are in these . .categories, the workforce is constantly . changing, and they are generally . composed of many small businesses, such as brake repair shops and construction companies. Also, as is the, case with other excluded industries, exposure scenarios for the construction and brake repair industries can be ' developed by relating expect exposure . levels with production levels reported ' . by product manufacturers.. -T; '-. Section 8(a) of TSCA does/not apply to distributors of chemical substances or ' mixtures. Therefore, persons who are solely distributors, and do'not manufacture, process, or import, are not covered by this rule. ' t Reporting is not required by persons _ who are'"end'users" of bulk asbestos or asbestos products and do not further distribute such items in commerce. The most common example of this is in the manufacture of chlorine, where some persons use asbestos as a diaphragm to separate chlorine and caustic soda. While much bulk asbestos is consumed \ annually by this industry and much ' . waste generated, asbestos fiber is not present in the resultant products which are distributed in commerce and these activities are therefore not "processing" of asbestos. -. VI. Reporting Procedures ... Persons who are solely secondary - EPA to analyze a representative portion processors or importers of asbestos of each product category application. mixtures or articles containing asbestos Consideration of the amount of the components will report to EPA in - asbestos-starting material that is phase's. First, they will submit the consumed will better ensure' SecondaryForm within 60 days after the representation of both larger and effective date of the rule. The Secondary smaller processors of asbestos Form reports will be used by EPA'to - materials. -1 ' ' ZBS3&XSSS&*improve the Agency's knowledge of the products being made with asbestos, the number of companies making the products that contain asbestos and the amounts of asbestos mixtures they use,' and the kinds and amounts of mixtures and products being imported.' Further reporting of the information - on the primary form by some respondents will be necessary to develop more complete profiles and projections for regulatory analyses. The Secondary Form will not ask all . The Agency can make the final decision on which variable(s] to use in stratifying and how large the sample will be only after examining the composition of the Secondary Form respondents, since the actual numbers ' of respondents and the products they'' report in the first phase.will not be known until the first phase reports are " submitted. The Agency will use standard statistical techniques in 'conducting the sample survey.1 The ' Agency will stratify and sample ' information the EPA would like to consider in the risk and economic analyses, instead, the Agency plans to have a representative sample of: Secondary Form respondents report more detailed information. The Agency ^the srepo^rtinog bur^dennss mMuch asnis 'g 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 wants to account for 100 percent of . about a stratum composed of a few/':. asbestos usage, but for purposes'of this respondents'may require sampling s analysis, and to reduce the reporting larger percentage than would be;- : - burden, the Agency has determined . necessary to make an estimate of the - extrapolations can be made from less ' same reliability about a stratum'.' . than 100 percent EPA believes that a ,, composed of a greater number of ' ,, sampling technique can provide:. respondents. EPA will use one or a . ' - information that would adequately' ";.; combination of the variables listed in' " describe secondary asbestos processing . the preceding paragraph to stratifyd and products. Sampling to decrease the - ' respondents for the sample survey. The Companies must report the activities - number of processors required to submit Agency will select the stratdying of each plant site on-an individual additional detailed informatfdn w_ill::- varniablefss)l which wwailll result innthteh-e>y.',.y---'-: reporting form with one exception. That -. reduce tthhee <ove7aii"burden of additfonaf "' fewest number of respondents while stilT exception is that respondents have the _ reportinng ssuubstantiall.y. In unit Vm..v..r..v..V..'.h.....e..n..s..u..r.i.n..g....a...r.e..l.i.a..b...le....s..t.a..t.i.s...t.i.c..a. l sample.'- ' _ ` h' option to report all of their company "Repor-ttiinnge'Burden". EPA estimates tlhhaatt--f .-.. The Secondary Form 'resphoandents'1--'-; imports or exports oh a single form. The Phase 2 reporting will be required fromy" 'selected for more' detailed reporting'will form instructions explain further how ` approximately 1500 of the'PhaseTi^J'"1-;.. .beynotified"fry certified letter. These,- this is to be done-".-<?.-v. respondents. The objective is to'.sample pereons'wfll have 90 days to complete ' : Miners, millers, primary processors^'-.:- and importers of bulk asbestos must ' submit all appropriate portions of the Primary Form within 90 days after the effective date of the final rule. If the =>*'. ' respondent's activities include S.;..,; "secondary processing" or importing of - -'-.V * - -- - *... - ; y-v'. vr-i-v-i-' *r *- - , > -a* ts * CJ. v \ 1 V ' 1'* -- CAPCO JEN 0012429 ''33204:'' ' " Federal Register'/jVol.'47.1^6^-,1,47 V.Friday.' July 30. 1982 /.Rtiles and~Regulations^* reported to EPA or CPSC.A comp /iy-jr;' 1 The Agency intends to aggregate-t.--".''1' years. The proposal would have. which has adequately reported data toj information aboutproduction/ ,, V; ..- required production data for S years EPA will riot be required id report'the' ' consumption, employment, and ; , about.specific end products, including same information again! and inust write.-''environmental release that is reported ' * trade names, and data for 10 years ` ` ' "EPA", in place of the data on'the form. . for this rule. The Agency will primarily about the Importation of production of' Persons who have already reported.-.; - ' use aggregate data for analyses.' bulk asbestos. Data reported according . production or importation quantities.to necessary to support the TSCA section 8 to consistent subcategories of products -- CPSC must still identify themselves and regulatory Investigation. These data.; '' will provide sufficient detail for our the name's of their products.to EPA , aggregates and analyses will be part of, analyses'. The Agency believes that data ' according to the requirements of this the section 6 asbestos rulemaking record for 3 years will sufficiently describe the rule. However, data alrea'dy reported' - - 1 that is available to the'public.',To protect current situation, as well as provide .-r' must be referenced by writing "CPSC1 in place of the data, unless the. ' respondent specifically requested CPSC confidential information iri the aggregate data sets, in most cases no data from ... individual reports will be released, even reliable averages for analyses. An' additional change is that data on bulk - asbestos fiber is required only for each not to release the data to EPA ; 1 if they are nonconfidential. Releasing - ' - type of mineral. Again, EPA is not .The Agency intends to send reporting ' discrete data could jeopardize the requiring data about specific grades of forms directly to as many potential.-:. . ' aggregate data sets, because through - - chrysotile fiber because the Agency's respondents as possible. To identify - subtraction of nonconfidential data from analyses do not need that level of detail. persons currently subject to this rule, a the aggregate it could be possible to The requirement to surrimarize master list of persons who produce or ascertain specific confidential data. workplace monitoring data is revised to make asbestos products has been . As previously stated, EPA intends to increase the utility of the reported data ' 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 publicize these reporting requirements widely, so that persons as' yet unknown to EPA will comply with these reporting requirements......;-- VII. Confidentiality; '' The Agency has developed specific.. .instructions for asserting and certifying claims of confidentiality for any . .- . share all reported data with other - . Federal agencies, including confidential data in individual reports. However, . EPA will require that personnel from other agencies obtain a TSCA security clearance before access to confidential data is granted (See "TSCA Confidential Business. Information Security Manual," Chapter 6--Security Requirements for . Other Federal Agencies). Similarly,' EPA ` will require that an agency adopt certain security procedures before confidential - information can be stored at that - - -' agency. and facilitate reporting. Respondents will still report only monitoring data that already exist in their files; however, they will summarize that data according to the types of end products they are reporting. The reports will be more useful to the Agency and OSHA by directly relating workplace / concentration levqls to the number of . workers making the end product that is'' reported. The final rule does not require ' respondents to estimate the number of . hours that workers are annually. exposed to the measured concentration information submitted in response to V1IL Changes From the Proposal; levels. While information on the . this rule. These instructions are incorporated in the reporting forms and may be found in $ 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: U.S. Environmental Protection Agency, Post Office Box 2070, Rockville, MD 20852. ' *. The final rule modifies several : 'requirements of the proposed rule to. . ease the reporting burden, to respond to specific problems that were raised by commenters on the proposal, or to obtain the most useful information. Further discussion of comments on the proposal and our responses can be . found in a document entitled "Public . Comments on the Proposed TSCA Section 8(a) Asbestos Reporting Rule," which is part of the public record for this rule. - ' . . The final rule does not include the duration of exposures would be useful, commenters asserted that extensive and burdensome searches through payroll records would be necessary to locate the data. Sintfe the reports will consist of summaries of 8-hour time-weighted averages, Agency analysts will use . I' assumptions and other available .-. information to calculate duration of . exposures. '...' - .:: .' . The requirement to report air pollution control equipment has been modified at - the request of EPA's Office of Air - Quality Planning and Standards....... This rule employs a simple . proposed requirement to keep lists of- (OAQPS). The final rule requires certification method to assert a claim of customers and to Bubmit the lists at the respondents to answer several technical t - confidentiality. To assert a claim of . Agency's-request Commenters... .... questions about each pieceof -H4'1);'' confidentiality, the respondent must - - - - convinced the Agency that that the ... . equipment, replacing die proposal's mark the applicable line on the form information would be very .sensitive and.., requirement to provide the brand name that contains confidential information. the requirement could be.veryr. and.modelriumber of each piece. The'^jjb;. , The respondent must certify that the - burdensome. Also, the purpose of this.;., revised questions will obtain all the'qV...-; company has taken measures to protect)--, rule is to'characterize the industries;'.',-.' ' information necessary to estimate i rjf-J qs the confidentiality of the information,....-, making essentially finished goods, while.-: emissions and costs and will eliminate';!':'.:, that the information is not publicly ..-.-,.. most customers are "users." or r-,, the need for submitters to calculate the k~. available, and that disclosure of.the,._Y _ distributors and, .therefore, outside the.-v.-i quantities of asbestos that are release'd/V information would cause the'company...,.;r scope of the present rule..^;.l-K1)!',.,;vK/ OAQPS believe.s that the revisions willt.. substantial competitive harm._All of .. . Several changes to,the. reporting fo.rmsv- reducereporting'requireme'nts.whUe'i..yL:i'.'. these conditions must exist for'any*',^?.',. should be noted. The'Agericy improving theuseMnesspf the datahi.d-r'-. information to be confidentiaL'^ ", substantially reduced the amount of, EPr\is indu'ding hvoprovisions to .-T'i Y' Determinations on confidentiality will ''1'" .' requested information by requiringrntjens address spedal problems ofimp'o'rter8.-.`:.'.'i ' be made by EPA iri accordance with 40 respondents to report productiori.of.'ix.'r^-;. First, importers were concerned they.cc-,':; CFRPart2.- ' l". V,1` !V subcategories of end products fordrily 3 would.be.unable tcyderitify'all imported ' V .. c\ CAP CO JEN 0012430 Federal Rentier../.Voi.-47i'-^io/a47.7.FridayiJuiy 30, 1982-/ Rules'arid Regulations '< V 33205 goods that contain asbestos arid,>';,i:.: if small businesses arecounted. (These asbestos secondary processors. This therefore, would notfullycomplywith : estimates are derived-from'a formula comparison suggested no significant , , 'the rule. This rule provides that ^ .used in-1978by the Asbestos- - V,.... .difference between primary processors .~ .importert need report information . . Information Association', which is'.'-; and other industry segments in the size - relating only to the typesofproducts; described in the "Reports Impact -:" .. . ranges of 10-19 employees and 20-49 listed on the form, which'should cover.'-' Analysis.") In addition, EPA -j employees. These size categories ere the most such imports. Second, importers .--- calculations exclude primary processor* smallest establishments likely to be . asserted that the requirement to provide - Treasonably ascertainable" .information. on the.Primary Form during the second phase of reporting could require them to seek information from foreign' manufacturers, possibly at considerable cost The final rule requires importers to provide information "in their " possession" during both phases of reporting. who are known to be small businesses.'' However, the Agency does not calculate the cost reduction from excluding small . Importers because the composition of that segment is not well-defined, ' although It does expect that this group ' will contain some small .businesses. Therefore, the actual reporting costs may be less than our present calculations. impacted by this proposed rule and the. / ones most likely to experience adverse ',' effects'. On this basis, EPA feels that the potential impacts on secondary processors and others in the asbestos industry will be ofa 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 IX. Reporting Burden - ' As already discussed, two reporting Commercial and Industrial Uses of forms will be used for this rule. The In order to assess the clarity of the Primary Form will be completed by form and to ensure that data are miners, millers, primary processors of reported in the most effective manner, ' asbestos, and importers of bulk asbestos the Agency conducted a pre-test of the in a first reporting phase. EPA estimates form through the Institute for Survey that for this group of respondents, a - Research, Temple University. The' total of 487 reports would be received by respondents were members of the the Agency. Completion of these reports Asbestos Information Association. This . pre-test was quite valuable to EPA in 7 improving the clarity and coherence of' the form. In addition, the respondents . estimated the cost of completing each * section of the form. The final report by the Institute for Survey Research, "Design and Testing ofAsbestos 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, tor participate. Therefore, the resultant cost estimates could not be used directly to compute the reporting Impacts of this - would require a total of 7,500 hours, and cost approximately $230,000.. .. Secondary processors and importers... "of asbestos mixtures or articles containing asbestos components will be' required initially to complete the'. . Secondary Form. The Agenqr estimates that it will take four hours to complete each form, at a cost of $120 per form. ' The Agency anticipates receiving 5,750. such reports. Therefore, the Secondary Form reporting' would require a total of 23.000 hours, and would cost approximately $690,000. - rule. However, the pre-test results ; The Agency expects that helped EPA arrive at an impact approximately 1,500 of those persons Asbestos: Economic Impact on Secondary Processors," memorandum from Regulatory Impacts Branch. December, 1980, and (2) "Economic Impact Analysis for the TSCA Section 8(a) Rule Reporting Commercial and Industrial Uses of Asbestos," Arthur Young & Company, Washington, DC, October, 198a X. Subset Provision ' '. " ,: The general requirements'of this rule - ' will expire 5 years after the effective - date of the rule. The selection and - : notification of sample survey participants for Phase 2 reporting (see unit VU of this preamble and $ 763.71(c) of the rule) will take place within three years after the effective date of the riile. ` If EPA determines that any requirements of this rule should be continued, 8 notice to that effect will be published for comment : ' ;.- ' estimate. A detailed description of the who initially complete the Secondary XI. Public Record - . ' . reporting burden estimates can be found in a report by Arthur Young & Company, "Economic Impact Analysis for the TSCA Section 8(a) Rule, Reporting Commercial and Industrial Uses of Asbestos", which is part of the public record for this rule. The results of the pre-test and the reporting burden calculations are summarized in the ... "Reports Impact Analysis", an internal , EPA report that is available in the OPTS Reading Room. The documents cited ' above may beacquired by writing or. calling the Industry Assistance Office at the address and telephone number given at the beginning of this notice.--;' * Form will be selected, in a sample survey, to complete the Primary Form. EPA has established a public record - The sample survey will require a total of for this rulemaking as defined in section - 36.000 horns, and would cost $1,100,000. 19(a)(3) of TSQA (docket number OPTS- Based on these cost estimates, and - 84004). The public record, along with a assuming a small business exclusion, - complete index, is available for EPA estimates the.total cost of reporting inspection in the OPTS reading room,E- for this rule would be $2 million, 107, from 8:00 am. to 4:00 p.m. Monday requiring 66,500 reporting hours. through Friday, except legal holidays;- -J - Using available data, an economic .' - (401M St, S.Wn Washington, D.C.`-,i:-'-::- - impact analysis of the proposed rule '. 20460). This record contains the basic -.-''.. .was performed for primary processors. -. information that the Agency considered -- Using the measure of the one-time cost '-'" in developing this rule. The Agency'will ' as a percent of annual gross profits, the supplement the record with additional estimated impact was found tribe vrzjS.. information as it is received. This record -' minimal (around 0.1 percent) for even*} Includes the following: In unit XII of this preamble^- ' .. ' the smallest primary processors (the ho.'-'i 1. The proposed'rule,'published in the "Regulatory Flexibility Act"--EPA. ones most likelyKobe impacted).'if>"l;.:\t ... Federal Renter of January 26,1981, (46 calculates that 40 percent of the ; Such an economic impact analysis FR;8200j.fr.fc*>?^ secondary processors will be small" v" | was not possible far the other industry.^-. ,, v Z Comment# received in response to " ; businesses and will be 'exempt from this'' ' segments affected by this rule due lri^.^'jjC the proposed rule/including'any"'.v: ! rule. Therefore, in this section costs'are " unavailability of data. EPA'did compare c'ommenlsreceiyed.from the Office of,!;-* calculated for 5,385 secondary the average value of shipments'Torfour-' Management'andBudgelduringy,.;^'-''..' processors, while we estimate there may. digit SIC codes for primary processors' Paperwork'R'eductiori Act of 1980 ;^-.-- be a total of 8,974 secondary processors' and other SIC codes likely to contain, f; v t " , if._; f-*",', * -..r *.. wr-- *}. ` mi* vVk *v"%*- - -- " * . v* CAP CO JEN 0012431 33206 ' Federal Register// -Vol.'.47,-No;.147`./; Friday,''July-30,'i982;7^Ruies:^and'ReHu]aBons ,' L.X-. ' ^----i----t `bl 3. "Commercial and Industrial Use of . -' will be'hvailable for public inspection In' entities. As required, EPA has consulted' Asbestos Fibers; Advance Notice of ~,-:p the record for this rulemaking; ;4.-'r; with the Office of Advocacy, Small-' ' Proposed Rulemaking," published inthe. Federal Register of Octqberl7,1979 (44 ; FR 60061). tly's'-; n B. Regulatory FlexibilityAct <i The Agency has included several.-.-. ? Business Administration. / ' [ C.Paperwork Reduction Act of 1980.-'.- 4."Commercial and Industrial Use of / provisions in this rule to minimize both ' As Just described, the Agency has 1 Asbestos Fibers'. Extension of Comment its overall impact on businesses and the. made every effort to minimize the ' ' ' Period and Announcement of Additional reporting'requirements for individual. amount of required information and'the Control Option," published ta the-., , j,,.. ' companies. First, EPA is exempting the': burden on respondents to the rule. The Federal Register of December 17,`1979 - ' ' smallest companies that could.be reporting forms were pretested,'the'"'? (45 FR 18374). .'_V4'i-y.r,'.' V' subject to the rule--those companies proposed requirements have been ' 5. Comments received in response to.: with 10 or fewer employees. This small reduced in a number of ways, and 90'. the Advance Notice of Proposed!;.-,, ., business exemption will eliminate. - percent of the respondents will be ' ' Rulemaking and the Notice of Proposed .' reporting from over 40 percent of the . sampled. Furthermore, this rule exempts Rulemaking.'. - ! ." " companies and the Agency estimates entire classes of businesses in cases 6. Reports Impact Analysis of this_ that it will reduce the overall potential - ' where the Agency believes necessary rulemaking.' r. '..! cost of the rule by $1.1 million. EPA is analyses can be conducted with 7. "Statistics for Companies'with 10 or - also excluding from any reporting two information that is otherwise available. Fewer Employees" memorandum, from ' Chemical Information Reporting Branch, October 30.19B0. . large segments of processors that are ' composed of a high percentage qf small businesses--construction and brake The Agency has prepared extensive plans to utilize fully all information that is collected through this rule. The 8. "Design and Testing of Asbestos Use Reporting Form," Institute for; -- Survey Research, Temple University, Philadelphia, PA., June 30,1980. 9. "Economic Impact Analysis for the TSCA Section 8(a) Rule, Reporting Commercial and Industrial Uses of, Asbestos", Arthur Young & Compapy, . Washington, D.C.. October, 1980. 10. The Technical Information;. Summary for this rulemaking;' > : 11. The Information Use Plan for this . rulemaking. - - ' : 12. Records of all communications between EPA personnel and persoiis 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 reco'rd.) 13. "Public Comments on the Proposed TSCA Section 8(a) Asbestos Reporting Rule." XII. Regulatory Assessment Requirements repair companies! Including those segments would raise the overall cost of this rule by several million dollars. Second, every effort has been made to minimize the amount of data to be reported. Based on a pretest by industry and public comments, the Agency has designed the forms to require only common business information essential to'the Agency's investigation. The "J economic impact analysis estimates that the median cost to any single respondent submitting the long form will be $1,100, which is about 0.1 percent of the smallest company's profits. The reporting costs for many small businesses will probably bp less than the median cost because they will generally report about fewer products and employees. . ' Third, EPA will apply a sampling approach to over 90 percent of the respondents. Only a representative sample of secondary processors, which is the largest industrial segment subject to the rule and is composed of a large Agency's "Information Use Plan", which is part of the public record, describes the specific uses that are planned for the required data elements. In addition, the Agency coordinated these information requirements with other Federal agencies to maximize the usefulness of reported data. The information to be \ reported does not duplicate efforts by . other Federal agencies and the data will ' be'useful to several regulatory agencies. An automated information system will ensure the most effective use of submitted data. Fully operational . Agency procedures will protect confidential business inforinktion ]... contained in the reports. Information collection requirements contained in this regulation { 763.71) have been approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act of 1980,44 U.S.C. 3501' et seq., and have been assigned OMB control number 2000-0478, ' . This rule fully complies With the" percentage of small businesses, will be List of Subjects in 40 CFR Part 763 following regulatory assessment " ' selected for full reporting. In phase one, requirements. secondary processors will submit a Environmental protection, Hazardous' .' A. Executive Order 12291 short, one-page form that EPA estimates materials, Recordkeeping and reporting'.'-'' will take at most four hours ($120) to requirements! Asbestos. O.j-.1,'- - -r- - Under Executive Order 12291, EPA '' complete. The Agency will select the must judge whether a regulation is minimum necessary number of - "Major" and, therefore, subject to the ' companies from phase one respondents- requirement of a Regulatory Impact - to submit the long form in phase two; Analysis. EPA has determined that this ' Utilizing this sample survey means that;i: PART 763--ASBESTOS: regulation is not Major because'it does only H of all respondents to the rule' will::'..-. .-rs/s-.--;;.-.-," ^jfc-grdiiir.). not have an effect of S100 million or ' have to complete the long form. > iipmiSw !- -Therefore, 40 CFR Part.763 is:*^; 'v.i; more oh the economy and it will not The Agency is including these ;/1 affect competition, employment, "or".!- : provisions as a sp 'production costs. EPA estimates the .r < w small businesses, total cost of this one-time reportings.-bo K~ economic impact analysis shows I requirement is S2.Q million.' This J'V'lOV- I .this rule will haye-a negligible im'pacrdhw'-^ ' regulation was submitted to the Office any business. Therefore','iri'acc'orda'ncehi*-:- Subpart ^Rep9rtIng.Comn\erciararKl of Management and Budget (OMB) for-.-', with the Regulatory Flexibility'Act (Pubin- vuius . review as required by Executive Order- .' L 96-354), EPA has determined that this:"A:'^^l'?;fV2?f','^b"KA>,5#.^iJf,f.-wTtijf't.'/r::;'} 12291. Any comments from OMB to EPA". . rule Will not have a significant ecdnbmic/:i;763.MV^pe^i^'co*pl?inTe;!l*^''`'''';/c-'C'?>? ' and EPA response to those comments ' -. impact on a substantial number'd!small;.;- 763.63 jDennltiohiLis*W>-::^J>:Me!7;3 CAP CO JEN 0012432 ? j i < i * i > t;: ' ! t-i Federal tRegiattr `/tVol j47( ~No: Friday fifl^.r30, -1952 /r Rnles arid Regulations't * < 33207 76345 Who mult report1vT-Rt/o5!-A*'Fi .fir?' produced or processed asa contaminant ' ' commerce, and includes persons who' ' 76371. Schedule for r*portIng.*;V^>:'i ?; 'X-"T' . .or an impurity.- conduct milling operations to produce 76374 Confidentiil builneii information. 76378 Reporting commercial and induetrial use of aibeatoa.' .` 763.77 Reportingsecondaryprocessing and importation of aibeatoa mixtures; 76376 Suniet provision. " V;` ' (d) "EPA" means the United States'"-' . Environmental Protection Agency/; ' (e) "Importer" means anyone who " ' imports any chemical substance,'' - - including a chemical substance as'part ' - bulk asbestos By processing asbestos- ; containing ore. Milling involves the ; ' separation of the fibers from the ore,'-'; grading and sorting the fibers, or -.- ' fiberizing crude asbestos ore. To mine or Authority; Sec. 6(a) Toxic Subitancet ' of a mixture or article, into the customs mill is to "manufacture" for commercial1' Control Act (TSCA), Rub. L 84-469. BO StaL . territory of the U.S. and includes the - - - purposes under TSCA. 2029, (15US.C.3807(c)). -jVjj*; person liable for the payment of any < " (i) "Person" means any natural V'! * r . ; .-.i./-x-':.-;*. duties on the merchandise, or an- ' - -v >- person, firm, company, corporation, joint' Subpart D--Reporting Commercial and authorized agent on his behalf. Importer venture, partnership, sole proprietorship, Industrial Use* of Asbestos ,. also includes, as appropriate:-. ^ association, or any other business - - {763.60 Scope and compliance.'...... (a) This rule requires reporting by (1) The consignee; ' . (2) The importer of record.'1 . . (3) The actual owner if an actual entity, any State or political subdivision thereof, any municipality, any interstate body, and any department, agency, or persons who manufacture, import, or.. owner's declaration and superseding - instrumentality of the Federal process asbestos. Different reporting requirements are imposed depending on . the person's activity. Manufacturers, importers and processors of commercial and industrial asbestos fiber mast 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. "'**' V' ' ,m y *'?** V.* / `.i. ' * -' (b) Subsection 15(3) of TSCA makes it . unlawful for any person to fail or refuse ' to submit information required under this rule. Section 16 provides that a violation of section 15 renders a person liable to the United States for a civil.'. bond has been filed in accordance with 19 CFR 141.20. (4) The transferee, if the right to draw merchandise In a bonded warehouse has .been transferred in accordance with ' ' Subpart C of 19 CFR Part 144. For the purpose of this definition, the customs territory of the U.S. consists of the 50 states, Puerto Rico, and the District of Columbia. (f) "Known to or reasonably ascertainable by" means all information in a person's possession or control, plus all information that a reasonable person-, might be expected to possess, control, or know, or could obtain without unreasonablehurdenorcosL ' (g) "Manufacture for commercial purposes" means to import, produce, or manufacture with the purpose of -. obtaining an immediate or eventual commercial advantage for the . Government 0) "Primary processor of asbestos" is a person who processes for commercial purposes bulk asbestos. ' (k) "Process' for commercial purposes" means the preparation of a chemical ' - substance or mixture, after its manufacture, for distribution in commerce with the purpose of obtaining an immediate or eventual commercial advantage for the processor. Processing of any amount of a chemical substance.. . or mixture is included. If a chemical or x mixture containing impurities is "'.V processed for commerdal purposes, then those impurities are also processed for commercial purposes, (l) "Secondary processor of asbestos" . is a person who processes for commerdal purposes an asbestos, mixture. -- - ' penalty and possible criminal ' manufacturer and includes, among other (m) "Site" means a contiguous prosecution. Under section 17, the district courts of the United States have things, such "manufacture" of any -- amount of a chemical substance or property unit. Property divided only by a public right-of-way shall be considered jurisdiction to restrain any violation of mixture: - . ... one site. There may be more than one section 15. . . (1) For commercial distribution, manufacturing plant on a single site.. $763.63 Definitions. ' The definitions in section 3 of TSCA and the following definitions apply for this rule; (a) "Asbestos" means the asbestiform varieties of: chrysotile (serpentine); ` crocidolite (riebeckite); amosite including for test marketing, and (2) For use by the manufacturer, including use for product research and development, or as an intermediate. "Manufacture for commercial purposes" also applies to substances that are produced coincidentally during the manufacture, processing, use, or .. - (n) "Small manufacturer, processor, or importer"? means a manufacturer or . processor who employed no more than 10 full-time employees at any one time in 1981... $763.65 Who must report - -: (a) Persons who were 'miners or: (cummingtonile-grunerite); . anthophyllite; tremolite; and actinolite. disposal of another substance orI primary processors of asbestos, or; vi- -: mixture, including both byproducts and .- importers of bulk asbestos in 1951 must (b) "Asbestos mixture" means a coproducts that are.separated horn that; complete and submit a separate EPA"; -. mixture which contains bulk asbestos or other substance or mixture, and , Form 7710-36, Reporting Commerdal another asbestos mixture as an ,, . impurities that remain in that substance and Industrial.Use of Asbestos (see; - - - intentional component. An asbestos _ or mixture. Byproducts and impurities $ 763.76), for each site and for each .- - - mixture may be either amorphous or a . . may not in themselves have commercial -..; company activity not elsewhere. = - sheet, cloth fabric, or other structure. value. They are nonetheless produced.'.. reported, according to the schedule in This term does not include mixtures for the purpose of obtaining a-';;vi-'. { 763.71. When two or more persons which contain asbestos as a ; commercial advantage since they are.;--,..'..meet the definition of "importer".for the contaminant or impurity.., -..x-.l:.',........ part of the manufacture of a chemical-; /Jv. same shipment, the principal in the . (c) The term "bulk asbestos" means - 1 product for a commercial purpos2w')rfil:';'transaction, not his agent or agents,--:;,. -. - any quantity of asbestos fiber of any - " (h) VMiner;of asbestos" is'a persdri/ifVV-; shall report/1-';'.v.-ITist-i c, type or grade, or combination of types or who produces asbestos by mining or -v.,. -' (b) Persons who were secondary v: > grades, that is mined or milled with the '. extracting asbestos-containing ore so '-i'.-V. processors of asfiestos'in 1981 must - purpose of obtaining asbestos. This term that it may be further milled to produce-. --.' complete and submit Parts I and II of . does not include asbestos that is-. bulk asbestos for disfribution in EPA Form 7716-37, Reporting Secondary M i *iA' '-H.n-*'." `. ' *' -- '-< Is ....' ..... -' ^.-y- , " ra ' .* ; CAP CO JEN 0012433 J . 33208* ~: Federal;Register, /-.Vol. 47, .No. ,147 / Friday,' Ju]yv 30, 1982;/ Rules. and. Regulations:. "". . rislj Processing and Importation of Asbestos ..;. to reporting under 5 763.65(a) shall a (d) EPA Form 7716-3t and EPA Form , Mixtures (see { 763.77), foreachsiteqr . submit required data on EPA Form 7710-', 7710-37 can be obtained by writing or ' activity, according to the schedule in ;;"".. 36 within 90 days after the effective date telephoning:" { 763.71/,....... .v.----. ^ of this rule'.'.:?.': Industry Assistance Office, Office of " (c) Persons who were importers in f.~;. (b) All secondeiry processors and Pesticides and Toxic Substances (TS-799), 1981.of asbestos mixtures or articlesv importers subject to reporting under.,'- Washington, D.C. 20460. ToU bee: (800-' jli ? containing asbestos components must, . ; 5 763.65 (b) and (c) shall submit required 424-6065), In Washington call: (554-1404).. complete and submit Parts I end ni of- EPA Form 7710-37, Reporting Secondary - data on EPA Form 7710-37 within 60 days after the effective date of this rule. .. - (e) Completed forms must be mailed ' . Processing and Importation of Asbestos '. (c) All pertbns subject to paragraph . to: U.S. Environmental Protection" - :i! ` Mixtures, according tothe.schedulejn ,, (b) of this section who are selected for"..:) Agency, Post Office Box 2070, Rockville/ 763.71. When two dr"more persons' additional reporting shall submit MD. 20852.. meet the definition of "importer" for the . required dsta on EPA Form 7710-36 same shipment, the principal in the . . within 90 days after receipt of EPA ' 5763.74 Confidential business Information. I!! i* ! transaction, not his agent(s), shall , report. " (d) Secondary processors of asbestos and importers of asbestos mixtures or. articles containing asbestos components must complete and submit a single EPA Form 7710-36, Reporting Commercial .and Industrial Use of Asbestos," - according to the schedule in E 763.71(c), . if selected for further reporting as ." notification to do so. Selections will be made in the following manner. The respondents will be selected using a', stratified random sampling technique. 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 (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 2l . (b) Certification for a claim made on described in 5 763.71(c). . all or an appropriate subset of the . any item reported under 5 763.65 must (e) Particular information required on following variables: the end product; the be made by signing the certification EPA Form 7710-36 which has been asbestos mixture that is the starting statement as specified in the forms. previously submitted to the Consumer material in the end product; the volume (c) If no certified claim accompanies a Product Safety Commission (CPSC) in accordance with a general order dated . Dec. 22, I960 (45 FR 84384), may be referenced in the appropriate place on of the asbestos mixture annually . consumed or imported. Respondents will be stratified into as few groups as ' reasonably possible. The size of the ' 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 the form and need not be "submitted . unless the respondent has informed the CPSC of his objection to any sharing of the data with EPA. Information for 1981 which was not required by CPSC must be reported on the EPA forms. (i) The following persons are not subject to 763.65 and 763.71. (1) Secondary processors of asbestos, to the extent that they process an asbestos mixture to repair articles, to construct buildings or other such construction activities, or to apply, assemble, install, erect, consume, or - . repackage the mixture without sample wfil 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. If there are insufficient numbers of respondents in a group to perform a statistically sound sample survey, then all of the respondents in that group may be required to complete EPA Form 771636. A standard random selection technique will be employed to select persons who will be required to complete and submit EPA Form 7716-36. 5 763.76 Reporting commercial and industrial uses of asbestos. The following EPA Form 7716-36, . Reporting Commercial and Industrial Uses of Asbestos, will be'completecL&nd 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, except for importers. Importers must report information on this form to the extent that ft is in the possession of the respondent/.. ' . ' \. ... ! modification. Notification shall be sent by certified (a) EPA Form 7716-36 (5-86). (insert (2) Persons who are small letter, signed by. the Office Director, manufacturers, processors, or importers, Office of Toxic Substances, and will form] .... (b) [Reserved] .. -. v as defined in $ 763,63(n),.. ,. ... 763.71 Schedule for reporting; have attached copies of this rule and' BILUNQ CODE IHMMI EPA Form 7710-36. Letters of - ' ' . notification will be sent by EPA no later"[ vJitrf- (a) All miners, primary processors, than three years after the effective date/; and importers of bulk asbestos subject of this rule'. ' . / .V i-SWii 157.V*-. }:>: ii . - - CAPCO JEN 0012434 Federal Register:/ Vol. 47,'No. 147 / Friday, July 30,1982 /'Rules and Regulations OMI N> aOO&Q47f Ajamalbolm SEFft EnvyonmanmPnWMUft REPORTING COMMERCIAL AND INDUSTRIAL USES OF AStESTOS .114. tiMranmanMl fn r4.Maoro BiiluNi. M010M2, A#* Pto**ai*dtf*CCO*riV>abwWuc4*nboc*tottotow W`ptotinBtotomNot*Ot***p*rpt*to*nmrtt**mfn*dtor**chptoniilto.n>*pt*MallnpO*ll 0f0hpomofbuh**b*oto*movh***pcrt*dtoacn*o4dot*d oo*porotifopo*l.Th*ln**Cb*ndp*pvtd*Kirth**,*0*l*. When thto tom I* compton. nctoo*ft In to* aro*ddr****donv*lop*pr*rid*d. Should you bOY***Y #*****. ptoooooantoa to* toduatryAwraMneaOfft** to**** ai 13001 434-3046 orIn W--toftov 04. ttfal *64-1404. . Apcn**ho ora oolotoo*t^tooryprooo*wro,bwporwmof otoeotoorMnurto. or Importon to arhttoa 00*4*1** *tomMOorTd>mo^u**opg to ^tottphoto wt EM Fwm 7710-37. tota* rgtoandary Procwwto and Or^orwoon to tolWM MuWM. Thoto paraon* w# port In to* tom. (7* torn 77JW0. #n#y 3* r*e*t of none* to tootofton *m CM too* *OW 743, port D). * A(1L RESPONDENT IDENTIFICATION . 2. Pnnc*) |*MM "TBS*?"* |Ott i>ii(m w coot. rw*n. omwtm S.ffapptleabJ* - ft*cord mini 4. If *ppnc*64 > lUcord th* nam* on odd**** eftM p*r*M corporotwiwtoeM* r*toon*M* tor to* floca* m*n*o*ni*ntof th* roportn* aft*. Htnt *r p*rm torp*ri*to 33209 3. Racer* thaieial numb#*toyaara during wtoehthamanufach** andto* prooaaalAg of #*bwl*K**b*#nconducted alto* reporting ota. aw. respondent activity A Identify yot* oetivtty from to* tofWtion* In to* |n*truet>on boeUtt and mart (XI to* baa nan to to* category haNur that ban dMcnba* you* octhdtyUtot. ***t tXI nan to *8 octnxtm that you *r* typertnp on TN form You nun m kart comptot* to* nextion* of n* raport Ni m ind*ctt*d n*n to to* bo* you m*r%. and ytor rw*( compitt* other **ctoru N you conduct tfvot actwfy. For *x*mpt*. H at th* Mm* plant Mo yt*j poe* bs* ****to* to produce an Mb (tool *MM and y*j Uo proctu on atbotto* nurture that mode at another loebcn. toen you aa pnmery ptocoaaor mutt ttoo twsHt* pan 0 *t a eecondary proceeear. At ptraont erho or*mtnere. mNere, prYnry fucMMcn. pr toportore of buN eebotto* mwoi report toe* aaftoato* *cUuWai Of 0" ptow Oft**. Mrb(X) your *ctMtyee) tootla reportedon to* tom __ J MmoortomN -- Cmptot*p*rt*A,B(l), G,N,t.3,KtB(3l,lfppScdbto) Primary procoaaor -- Comploto port* A. C. C, H.L J.KIBOLSftppScaftM Import* of fault atfaaoto* -- Conytota part* A. SU1 IS(3l, W appftcdb*) Secondary procotao* -- Comptotaport* A. 0,6, H.I.J, K '______, , Import** of aeboetoombcturoa -- Complat* part* A Midi D krtportar of *rttetolleont*Wnfl3*b**tod component!*) -- Comptoi* port* A ond F . _,, AIJL CERTIFICATION FOR CLAIMS OF CONFIDENTIALITY You may ct*xn *t conhoantial wr+f Information you eubnvt on tfu* tom. Th* inevuetion* prpyipa *p*tffc< m*ovct*on on how to atatn rtaowa of oonM*ffH**ty.F*r inlormatn wtuch you aubmrt In attachment* to to* tom promo* a oopy ttoech c**ity todicrtmth* nfomOMnyow wtahlo eUnn confident*!. Sp*cal*prowded*tthe*ndof#ech6netocl*Imtotom*tiOAonto*tln*panfidaniM. . For any Informationon Oto tom you claim at confidamlaf, you mutt eartffy tott th# IntonnaMA I* eonftdanpaL Tha tffnthoa ftatow oria anott to to# truth and accmacy of toa Mowing waitmama. A four atotamant* mutt ha trua about anyInform*t>on you dalm ccnfidantdf. 1. Uy company h*t t*k*n mtetwroato protect th* confidantelity of th* Intomanon.and If nrft contlnu* to taM the**m****o*. 2. ThaWormationltnot.andh*anef6*on.<aonfr>yOhtin*6laroffrparaon<tothorthanfuoMtni*>daf>'lrwindl*p<lxntm*al>alohortoa>ooorv bawd on a showmp of apottoi n*ad and <n a prd>ci*l or Qutti-)ud<i*iptocaoftnp) orrthoul my company'* **n**ra. 3. Th* Information la ncl pub*cfy lalllbll. 4 Dwtoaum af to* lntomt>on c**tmd a* eonfidmiut would c*uw aubawttial hamto my company's mmp*t>ft poiXion. "T" SH). PRODUCTION OF BULK ASBESTOS QUANTITY Of SUUC ASKSTOS MNE0 Oft WfUEO Cntor .to*hortton, to* amount pf bulk o*b*1o* you produced lm<o*dor mMidl to* tllfttorouph Hflt. a*port n thort ton* Acuwat* atbMiw S(2L IMPORTATION OF SULK ASBESTOS 0UANTTTY Of BULK ASBESTOS IMrOftlTD . fnt*r. In *hort tom. to* amount af buto o*bto you imported to* 1S79 torouph 1 SSI. A*port In *hn ton* 13). EXPORTATION OF SULK ASBESTOS QUANTITY Of SULK ASBESTOS EXPORTED * - Enter. In jhort ton*, to* *m*unt pf bu* a*b**to* you *xpo*tad to* 1173 thrsufh Aapoxr in abort ton* IMtom 7710-M14-12-421 , OtNibaoamart Q TM*hapamtt /-V' 'X" ' ^ j--"* *' iiMul-___ : vy TJVr.y CAP CO JEN 0012435 33210 ' ' Federal Register ./ Vol. 47, No. 147 / Friday, July 30,1982 / Rules and 'Regulations I- -4L-*- C. PRIMARY PROCEfRQR PRODUCTION * Wownttcft ft* c*> tp < nfl rodgciiMi yamNpped from yoke punt Mt.Ci4i>WrTOi**ftP*o>ctiocBorMnQt TeM mMwmmo Bonn** O-GCwMaOti Omim "TV M in M itwKMw^Ml aILK:umm---,-m-9-m-S-.-SSJIi 1ft. kK MM. 1ft tK^ftrauMna **< 1ft. Oe Met* p*0 kgNMwR vi >0 ChKlrMwftrnMW M. >iiw imums mi i.. cmer+M lSwo*rf*w<rM 13 MnMNMUtWMMm K Off* iSfo*I Mmel D. SECONDARY PROCESSOR PRODUCTION tM>eauei4HipM4 IfrweMM pta***p*n* tu ,SS,i T*u/ eryiuM prefucoen 131 ** Y*M OuMtirr ^ tto* -i i i lO CenthXiM ,, 1. IUCmMuM 170 mo lift! 107ft mo tftti Tftlft IftftO 1IIT Ml n H'M'Uy e fie tout vi AOeitee MThre 131 . (Mi Oenent mm """1 ~r1m~ ' 1 ! 1 1 -_ ____U_______ - *--*-- ' fvKMnef fr *4*w , Ml 1*71 IftftO Iftftl 1971 (0 Iftftl 17* . tfttO iftftl orereMetentemi - Owowtny el >4044104 131 IMrt 0Mi4i*1 40*1 fflMllft 4* *04*41 Met 03 .* * 1011 vai is. IU.DViuiuiIwii 104. ftrtfu Meek Mwi ___ _ 10ft. Cutttm MMIM ie#i leer *110.Ww*rt 11] kMieNW. laOrviWrfi 121.ftc _ 112213. hMritWllS>e4M4MMWMM4 130 OieeeMi* 131. Vail 132 Op* SeiMriMX a far priftwrli nfti fi 131 bMMMIM IM.Iikvmkm 111321..C1*jt*A*4M.ilMtrMM lU-Utm* MAW* m.OlMI<nnf|MMw 143.Pear tlmri*! ft* Mr* When** 1*3. A/c 4*M 144 (nkm IIHM.HffMuMir 'MMMW 141.34. _ 141 (W>e 1<t.ft*4l* no Simv^ mmmb 133.3**** 113334T.0T*er*n0MViM*hMfpMr*wwm U1.>M|l<i13lk 13ft. 1st * *Ma*eifM4 emriiMi . 117.0 nO.OVw rf< ll f| ftr*r*c M 171.Ajm04 172. G********** 173 AmwWmw 174.Pwr***1**. t*nf. *f 1*4......4 Iilnftl.eWWaMMeM. 131. Cw Otrndt, f*MmmM Tn4*a4 Mi erMaM lit. Ampwmm oM> 1H.ln.Ol.4Ml 111I33..V1WMU 1ft4 Cl>)WMlftn| mIIfttLft.CDt>mnMw* e4MM|1M 1ft6.fr* he 220.0ertf*ie*i. E. IMPORTATION Of ASSESTOS MIXTURES. Entorthefeftownslrrformotion lex eeditypeol eeOeeloe mi*H*4 thet yWJ knpened fri 1111. Ctft4**ryou* >"VO't*COW*''0t **i ftrtlliieecoonCfrD. Tetn mwmmoi -- j- CtA fern 7710411-134Jj a. .-a.-y; * *.' '**' *"' ^ " 44 * . J . .'J* .fc,_v 1* .... v CAP CO JEN OOI 24-36 CAPCO JEN 0012437 CAP CO JEN OOI2438  Federal Register / Vpl 47,'-No..-147// Friday. July.30, .1982 / Rules and Regulations',' ". : 33213 * /. . - - Instruction Booklet--'Reporting Commercial ,, ^ and Industrial Uses of Asbestos, EPA Form '"*' 7710-36 ` mixture that is made at a different plant site.'j .. CORP--The requested data have been" part D must also be completed. Report for'"'-.:, - submitted for sections B[2) and B(3) .''--V. each plant site on a separate EPA Form 7710-' (importation and exportation), in a 30 within SO days of the effective date of the ' corporate consolidated report. Inform the rule'. '. . ' " " plant site management that a corporate " /. Introduction andReportingScheduIe . A. Introduction These instructions are for companies that mine and/or mill commercial asbestos, or process or import an asbestos product, and " are required to submit EPA Form 7710-36 ' under 40 CFR Part 763, SubpBrt D. Data must S. Secondary Processors ofAsbestos/', u' ' Persons who are solely secondary processors must submit EPA Form 7710737, "Reporting . /. Secondary Processing and Importation of Asbestos Mixtures" within 60 days of the.! i effective date of the rule. If the company is. >:. selected and notified by certified letter to. complete EPA Form 7710-36, complete parts consolidated report has been submitted - and instruct those plant site(s) to enter , "CORP" in sections B[2) and B(3). EPA--The requested date have already 1 been submitted to EPA in the format of the reporting form as proposed or/ - promulgated. -. --: be reported to the extent that they are known to or reasonably ascertainable by the * submitter based on factual information that either is available In company files, or can be obtained without unreasonable burden or cost. Importers must report information in their possession, but need not contact foreign manufacturers for missing information. ` 1. Fill In all blocks. Fill in all blocks in the . portions of the form that must be completed. Write "N/A" (not applicable) in large, bold letters on the first line of any section that .. does not have to be completed. If data for a portion of the form that must . be completed are not available, consult part II of these instructions, "Missing Information.** EPA will check all forms for completeness. Incomplete forms may be returned for completion. If only a few items are incomplete. EPA may'call the designated v Technical Contact to `determine the correct, ; answer rather than return the- form... _ 2. Relevant Definitions. Reporting ' . requirements are determined by the ' company's asbestos activity in 1981 (i.e$ miner and/or miller, importer of bulk asbestos, primary processor of asbestos, secondary processor of asbestos, importer of asbestos mixtures, or importer of articles A, D, G. H, I, J, and K of the form for submission within 90 days of receiving notification. . 4. Importers ofBulk Asbestos. Importers of Bulk Asbestos must complete at least parts A and B(2) of the form. Complete B(3) If . _ applicable. Report all activities that Involve asbestos on EPA Form 7710-36 within 90 days of the effective date of the rule. 5. Importers ofAsbestos Mixtures. Importers of Asbestos Mixtures must submit EPA Form 7710-37 "Reporting Secondary . Processing and Importation of Asbestos Mixtures." within 60 days of the effective date of the rule. If the company is selected and notified by certified letter to complete . EPA Form 7710-36, complete parts A and E of the form and submit within 90 days of receiving notification. 6. importers ofArticle(s) Containing Asbestos Component(s). Importers of . . Article(s) Containing Asbestos Components) must submit EPA Form 7710-37 "Reporting Secondary.Processing and Importation of Asbestos Mixtures." within 60 day, of the". ' effective date of the rule. If the company is'. selected and notified by certified letter lo ' Complete EPA Form 7710-36, complete parts . A and F of the form and submit within 90 days of receiving notification.' . III. Specific Instructions forForm 7710-36 A(l). Respondent Identification , 1. Enter company name, and name and complete address of plant site. 2. Enter name, job title, and telephone number of the principal technical contact person to be contacted by the EPA for answers to any questions about the submitted form. 3. Miners must record the mine identification number assigned by the Mining Safety and Health Administration. 4. Enter name and address of the parent corporation responsible for fiscal management of the reporting site. 5. Enter the total number of years asbestos has been manufactured or processed at this plant site, through the date of this report A(2), Respondent Activity 'I Review the definitions in Appendix A of ' these Instructions to ascertain required .. ^ reporting activity(ies). Check the appropriate activity(ies) that is performed at this site. ' Complete the portions of the form listed next to the activities checked. For example, a primary processor who makes an asbestos mixture and then containing asbestos components). Definitions 11. Missing Information ' processes the asbestos mixture at the same for reporting activities end other terms used in this form may be found in Appendix A. 3. Appropriate Number ofForms. A separate form musbbe submitted for each site. For example, a miner and/or miller at one site who is a primary processor at a different site must submit a form for each site. ... .All asbestos activities conducted at each site must be reported. A primary processor who also Imports asbestos at a single site must report both the primary processing and importing activities on the same form. 4. Additional Space. If additional space is needed to report all required information, responses can be entered on a reproduction of the pertinent portion of the form and the . continuation should be noted on that part of theform. v M.:'.. B. Portion, of the'Fonn To Complete and * Reporting Schedule - It is important to fill in all blocks in the portions of the form that must be completed. If the required information either cannot or need not be provided, enter one of the site to make a different end product should report the production of the final end product in part C. Only complete part D of the form if the facility' processes an asbestos mixture notations described below. Write "N/A" (not . that is made elsewhere.................. applicable) in large bold letters on the first line of any section that is not required. Only use "0" to report a quantity of zero. Enter the following notations if the. requested data are unknown, previously A(3). Confidential Business Information Any reported information may be claimed as confidential business information. When submitting the form, mark (X) in the space submitted to EPA or CPSC, or submitted as a' provided on each line of the form"that . . corporate report. . -. .. r . contains confidential information.. UNK--The requested data are unknown Additionally, an authorized company official. and not reasonably ascertainable: or, not must sign the "Certification for Claims of. in the possession bf the importer. This Confidentiality" lo certify that the.four\ . , mey be the case for information from a statements on the form apply to all , . specific year or about a specific type of information claimed as confidential^-- '> data that is required. :V CPSC--The requested data have been.?- h-i- B(l). Production of Bulk'Asbesto,'-'/.'' --/ previously reported to the Consumer;'*-/f Enter, iq short tons, the amount of bulk Product Safety Commission (CPSC) in ' - asbestos produced (mined pr milled], in 1979, 1. Miners and/orMillers. Winera *nd/or_'' / response to the December 22,1980 1980, and 1981.,/,,^ v millers must complete parts A, B(l), G, H, L J, ~ and K of the form. Complete B(3) If: applicable. Report for eachjjlant site on a -; separate EPA Form 7710-36 and submit '/y'; ' ' within 90 days.of tho'effectiv^ date of the n-Ct" rule.v-- -V'i . Z.-Primary Processors ofAsbestos. Primary/ Federal Register notice "Consumer;~vi'''-r''' J3[2). Importation of Bulk Asbestov ' Product Containing Asbestos; General Order for Submission of Information."-.alio; -'.Enter, in short tons, the amount of bulk ' (45 FR 64384). Use this notation 6nly for,??' asbestos imported in 1979, i960, and 1981.". ' the specific items of lnfo'irnatio'n thatiskji'- Report all Imports entering the U.S. Customs / . were submitted to CPSC. Do not 'use'this -/I territory'Thai ere'declere'd under Tariff _ ' notation in lieu of reporting of CPSC wasV-i- Schedule of IheUnited States, Annotated ' processors must complete parts A. C, G, H. L'"- - " instructed not to'share.tbe submitted/Flail; .(TSUSA) Number 516.1110^518.1160. Mark in J, and K of the form. Complele'B(3) if,, -i. . information with EPAat the thne'of;"-"W'd.`.` the appropriate box the source pf this 1,,; applicable. If a facility processes an asbestos r V . response to the-CPSC Gcneral<Order.;st`jt--,; In-fwo: hu/;7r. 'iatlo' m - /rtv. ,o \ CAPCO JEN 0012439 33214. Vi Federal Kegislet /. Vol.,47,;No. "H7-:/ Friday, July,30. 1582./ Rules and Regulations-- t . - .. -,! I.-; N ; B{3). Exportation of Bulk Asbestos .; .< 1980, and 1981 that incorporated an asbestos ' E. Importation of Asbestos Mixtures .. Enter, in short tons, the amount of bulk abestos exported In 1979,1980, and 1981.' Mark in the appropriate box the source, of 'thisInformation..-". . G Primary Processor Production"' " Individually list the product subcategories, made and shipped from the plant site in 1979, 1980, and 1981 that incorporate bulk abestos as a starting material. Read instructions for items 1,2,'and 3 before "completing this ' section to ensure sufficient space for entries. (1) EndProduct Shipped, Locate on the list of "Asbestos Mixture Product SubcategorieB" the most specific name that describes the end product(s) shipped from the plant site. Enter the corresponding code number for each mixture as a starting material. Read the :r instructions for items 1, Z and 3 before - - completing this section to ensure sufficient space for entries.; "... . , 7". (1) End Product Shipped. Locate on the list of "Typical Terms for Products Made from ' Asbestos Mixtures" the most specific - ' -- subcategory name that describes the product.. Enter the corresponding code number for " each product subcategory being reported. If the product name listed is not adequately descriptive, write in a generic name next to the code number. If the product is not listed, enter the appropriate code for "other" and - write in a generic name for the product Do not enter a trade name as a generic name. Do not report anything more specific than a Individually list the asbestos mixtures imported to the plant site in 1979,1980, and 1981. Read the instructions for items 1, Z and ' 3 before completing this section to ensure , sufficient space for entries. . (1) Ashectos Mixture. Locate on the list of ' "Asbestos Mixture Product Subcategories" , the most specific name that describes the ; mixture imported. Enter the corresponding ; code number of each product subcategory. being reported. If the name of the product subcategory is not adequately descriptive, write in a generic name next to the code number, if the imported product subcategory is not listed, enter the appropriate code for "other" and write in a generic name for the product subcategory being reported. If the ; .product subcategory.' ' ' ' ip product List each product subcategory on a listed product subcategory name is not (2) TotalAnnual Production (Quantity by separate line. Do not enter a trade name as a adequately descriptive, write in a generic Census Unit ofMeasureJ. Record the total generic name. Do not report anything more name next to the code number. If the product production of the reported product specific than a product subcategory. is not listed, write in the appropriate code for subcategory at this plant site in 1979,1980, (2) Asbestos Fiber Content Mark (X) the "other" and a generic name for the product. and 1981. Induction quantities should be type of asbestos fiber in the imported Do not enter a trade name as a generic name. reported in the unit of measure used by the asbestos mixture and enter the total quantity Do not report anything more specific than a . ILS. Department of Commerce, Bure'au of the of asbestos per unit of the mixture (the unit product subcategory. "" r. Census, for the 1977 Census of used to report quantity imported). The . (2) Type ofAsbestos Fiber Consumed. Manufacturers. : - - ', quantity of asbestos should be reported in . Mark (X) the fiber type(s) that is, or has been, (3) Asbestos Mixture Consumed and Form. pounds, if these data are not available, mark used in production of reported product Locate and enter from the list of "Asbestos (X) "UNK." . subcategory. Use one block for each fiber - Mixture Product Subcategories" the code Use one block for each type of fiber that is type incorporated into each product : number of the asbestos mixture processed to in the imported mixture. If the mixture . subcategory. If more than one type of fiberfe) produce the product subcategory. If the - contains more than one type of asbestos - - is used for a product, mark (X) the additional material processed is not listed, then enter ' fiber, list the additional fibers] in the next - fiber in the next block and mark (X] the' the appropriate code for "other" and write 7 block(s) and note the continuation in column - continuation box in column 1. Do not list the the generic name of the asbestos material you 1. Do not list the same mixture twice."' same product subcategory twice. process. Indicate the form In which ihe (3) TotalAnnualImports. Record the total (3) Quantity ofAsbestos Consumed. For asbestos starting material is purchased (e.g., annual quantity of each listed product. eafh type of asbestos, enter, in short tons," roll of paper, 3'x5' sheets, reams of 8"xll" subcategory imported in 1979,1980, and 1961. quantity consumed in 1979,1980, and 1981. sheets). . > Quantities will be expressed in the units of . (4) TotalAnnualProduction. Record the - Use one block for each asbestos mixture measure used by the UJS. Bureau of the total annual production quantity of each incorporated into the product subcategory. If Census or according to the unit used to report reported product subcategory in 1979,1980, and 1981. Production quantities will be expressed in the units of measure indicated - on the form next to the listed end product, as used by the Bureau of Census. If census units are not applicable, report production in short tons. (5) Value Shipped. Record the total annual value shipped (in thousands of U.S. dollars) . - for each reported product subcategory in 1979,1980, and 1981. These figures must be ' separated to show domestic sales and export sales (i.e, sales distributed outside the U.S. Customs Territory). If the breakdown is unknown, report total sales as "Domestic" sales, and write "UNK" under "Exports." ' ' " The "valuation of products shipped should be based on the net selling value, f.o.b. plant, after discounts and allowances, and ' exclusive of freight charges and excise taxes. When reporting products transferred Ur- other establishments within the same company, the shipping plant should assign; . the full economic value to the transferred ''1 - products. Include off direct costs of-' production and a reasonable proportion of all . , other costs and profits. : (6) Percentage of Total Value ShipjpedrS : Estimate the percentage of end products .'. shipped that reflect primaryprocessing of ' there is more than one asbestos mixture per product subcategory, list the mixturc(s) in the next block(s) and mark (X) the continuation box in column 1. Do not list the same product 8ubcategory twice. - -. ' - (4) Function ofthe Asbestos in Product. Briefly describe the function of the asbestos in the product Examples of possible asbestos functions are: rot resistance, heat insulation. ' fire shield, electrical insulation, dimensional stability, filler, or tensile strength. (5) Annual Consumption ofAsbestos" ' Mixtures. Record the total annual quantity and specify Census Bureau unit of measure and the total annual cost (in thousands of.. U.S. dollars) of the asbestos mixtures".consumed in 1979,1980, and 1981.... ' The value of the materials consumed should be based on the delivered cost. Lee the amountpaidorpayable after discounts,.", and including freight and other direct charges incurred in acquiring the materials. Charges include purchases, transfers from other.-.r, - ; establishments of the company, and i-::j .v; .' withdrawals from inventories. trei.-.n'i Materials transferred to the plant site from .' other plants within the company should be 'fV assigned their full economic value, as 3 fLj" assigned by the shipping plant, plus cost of importation to the U.S. Customs Service. Record the total annual value imported (U.S. dollars) for each product in 1979, ,1980, . ' and 1981. This figure can be drawn from the U.S. Customs Service entry forms as the . "Entered Value in U.S. Dollars" or "Value." F. Importation of Article(s) Containing Asbestds.Component(s) i'" .. Individually list the articles containing an asbestos component that were imported in' 1979,1980, and 1981. Only report information ' relating to imported product subcategories.'.' "f listed under Typical Terms for Products; " "\ Made.from"Asbestos Mixtures.".If the;. . component was reported on EPA Form 7710- 37 during Phase 1, use the.same code(s) and ; generic name(s) as reported on that form.".. '"." Read the Instructions for items 1, Z and 3 - before completing this section to ensure'^: .".l"' sufficient space for entries." \ (1) Article Name. Locate oh the list bf-^f'M -I- -.. Typical Terms for Products Made frbhrv"ib!,~- Asbestos Mixtures" the most specific" name .;'. - that describes your product. If the listed product name does not adequately describelvrt - yourproducL-Wrltejn a generic name oextJo--J: the code number!Lilt-each product on" separate' lin&IT.thaImported product isnotiriw . - asbestos in 1981.' ... - freight and haffdling charges. .listed, en|er the .appropriate code number,forIfri D. Secondiry Processor Production ,/ * (8) Percentage of Total Value Shipped! r"..; "otherSand write (n ageneric'name.Do"n6t.t "" Estimate the percentage of end products enter a trade name as a generichameiv-i- 7";'- *1 Individually fist the product subcategories shipped that reflect secondary processing of . "(2) TotalAnhual Imports. Record the tota'f>.> - made and shipped from the plant site in 1979, - . asbestos in 198L-: '` l'7 ".-r' -J .. h--.-, : p number of units that'were Imported in 1979,"-V : .`c.v'.Wrr ' :1 CAP CO JEN 00124-40 3 Federal Register /.Vol.~47, No.' 147 / Friday. July 30,.1982 / Ruies and Regulation's- 33215, 1980, and 1981. Quantise* will hie' reported in * the unit of measure that was used to declare the merchandise upon entry into the U.S. or by the U.S. Bureau of Census for the 1977 Census of Manufacturers. Enter the value of the imported merchandise in U.S. dollars. (3) Asbestos Component(s). list all asbestos components contained in the imported article by name, or by describing the mixture making up the component Use one block for each asbestos component If the imported article contains more than onp. . asbestos component, list the component in the next block and note Ihe continuation in column l. Do not list the same article twice. G. Employees Classify all employees as'of January 1981 into the following categories. In items 2-3, COUNT EACH EMPLOYEE IN ONLY ONE CATEGORY. In this section, report numbers of individuals without regard to the number qf hours worked. (1) Total Number ofEmployees. Enter the total number of employees (the sum of items 2.3.4, and 5) who worked at the reporting plant site as of January 1881. If you employed seasonal workers in 1981, add the number of those workers to the total. . (2) Number ofProduction Employees. Enter the number of production employees who . work in areas where ASBESTOS IS MANUFACTURED OR PROCESSED. Do not include plant site production employees who work in separate areas where no asbestos fiber or asbestos product is processed. This number must equal the total number of ' employees reported in Section'H, for all - product lines. * (3) Number ofShipping. Receiving, and Moving Employees. Enter the number of employees involved with shipping, receiving, or moving asbestos fiber or asbestos- containing products. (4) Number ofMaintenance Employees. Enter the number of maintenance employees . who perform maintenance tasks in work areas where asbestos fiber, asbestos products, or asbestos waste are processed, stored, or moved. (5) Number of Other Employees. Enter the number of other employees at the location that are not counted in items 2-4. H. Summary of Current Worker Exposures Report, by category of production workers, the arithmetic mean of the 3-hour time weighted average (TWA) exposure level for all employees at the reporting site for whom a TWA has been determined. Appendix B describes how to perform the calculations and Includes a worksheet - . Summarize Only Existing Monitoring Data; Additional Monitoring Is Not Required . . Submit a single TWA value (arithmetic mean] to summarize, existing monitoring data that will describe current exposure levels that employees in general production categories may experience while working on each production line. Summarize and report '' monitoring data separately for workers on the production line for each end product subcategory that hes been reported as either "Primary Processot Production" (part C) dr "Secondary Processor Production" (part D). Miners and millers, must provide a single, ' separate TWA value for the mine and for the mold. Other production workers who are to. '! mill.--.:. - be counted in this category include (but are . For each End Product Subcalegoryfenter . not limited to) employees who take products the number of workers who perform the off a production line, assemble parts, oversee production operations listed belovv. Only1, drying or rolling operations, or inspect, count employees who were counted as weigh, or package asbestos mixtures or - production workers in item 2 of part G of the .asbestos-containing products. - form. Each employee is to be counted only ' (4) Number ofEmployees. Enter next to the one time, in the operation and product line' - appropriate job classification the number of.. that is the employee's primary assignment . After grouping the 8-hour TWAs, follow the" detailed instructions in Appendix B to find Ihe.mean; standard deviation, number of. measurements, and ceiling ranges for each group. . . .. employees working in Jobs meeting the . -. general descriptions provided. Count employees only one time and only under the. fob description that best describes their primary duties. (5) Arithmetic Mean ofDetectable . Note.--The sum of all production Measurements. Locate monitoring data for employees listed in column 4 must equal the any employees counted in column 4 and number of production employees entered in group those monitoring data according to the item'2 of part G. . employee's general job classification. (1) EndProduct. Primary or secondary Determine the arithmetic mean of those processors must enter the same code detectable TWA values for each work number(s) and generic name(s) they listed in category. Calculate the mean only to the part C or D of the form. Miners and/or millers nearest one-hundredth (e.g., 0.05). The do not complete this block. arithmetic mean is the sum of the time- (2) Respondent Activity. Determine weighted averages divided by the number of applicable category of activity. time-weighted averages. (See Appendix B for (3) Production Work Category. Divide instructions and worksheet for determining production employees into the Production the arithmetic mean.) If there are no . Work Categories for each end product subcategory. Count mine'workers under Mine Operations and mill workers under Mill measurements for workers in a particular work category, write in "No measurements." (6) Standard Deviation. Enter the standard Operations. deviation for each arithmetic mean you Fiber Introduction Operations are calculate in column 5. (See Appendix B for operations where bulk (raw) asbestos is . ' instructions and a worksheet for determining mixed with or added to a combination of . the standard deviation.) ............... other materials. Primary processors will list . (7) Number ofMeasurements Used. For employees who handle bulk or raw abestos .. each work category, enter the total number of fiber. Secondary processors do not use bulk - actual observations (filters) used to asbestos as a starting material. .- Wet Mechanical Operations are operations where asbestos Fiber, asbestos mixtures, or asbestos-containing materials are fabricated, determine all of the employee's TWAs in the category. This fncludes the number of all nondetectable measurements.' (8) Number ofNon.detectable modified, or altered, and the asbestos . component is wetted to reduce the release of airborne asbestos fiber. This category includes such activities as: machining, sawing, drilling, cutting, grinding, or pulverizing. Count employees whose principal Job is to control or work with the tool or machinery performing the operation. Count all asbestos textile workers involved with wet operations here, whether involved in spinning, twisting, or weaving operations. Measurements. For each work category, enter the number of measurements that are below detectable levels. (Non-detectable levels may not be greater than 0.1 f/cc.) (9) Ceiling Concentration Level. For each work category, enter the range of ceiling concentration levels that were determined. Provide the low and high measurements. (10) Sampling and Analyses Methods. It the company used the NIOSH methodology to Dry Mechanical Operations are operations , sample airborne concentrations of asbestos where asbestos fiber, asbestos mixtures, or asbestos-containing materials are fabricated, fibers in the workplace and to analyze measurements (DHEW (NIOSH) Pub". No. 79- modified, or altered without any intentional 127), check the corresponding box on the wetting of the material during the operation. form. -, , - This category includes activities such sc: If the company used other sampling and - , machining, sawing, drilling, cutting, grinding, analysis methods, enter the appropriate or pulverizing. Count employees whose codes for those methods listed in the next' principal Job is to control or work wjth the'- ' section of these instructions.-. .- __ tool or machinery performing the'operation." The reporting company has the option to - Count all asbestos textile workers in dry'"' . 'describe in an attachment any additional operations here, whether involved In':"" . information that Will better describe work , spinning, twisting, or weaving operation*!"' V. practices dr-opier.mea'suresinsUhited to'.)" , . OtherProduction Employees are''Kl'!*Iitr" . reduce the levels of airborne fibers or to' ' production employees involved In operations . protect workers from exposure to asbestos. that require handling of asbestos fiber`or .pv " Attach anyadditional materials to this form materials In a manner not cveredinthe*--r: "at the time of sutimi*slon.^:j:f. r, c- ... .... operations described in the other categories.**-!:;V (ll) Enter the l.owes.t detectable" level ofthe This category will include workersVhb'z'hf*^''. ' measurements the company expects to attain perform an operation thatinvolves handling";'." . by the' sampling and analysis 'method*. an asbestos mixture,'*uch as,bonding'; .(Measurements.below this level are asbestos-felt-backing for vinyl sheet flooring f): considered"non-detectable" for the purpose* or injecting asbestos-reinforced plastic intb a. p_ofthis'rule.) ' .-.w A, ___ i a, - -- -- > ^vie . v '.'"V *. -. CAP CO JEN 0012441 '83216; . Federal Register /,VoI. 47,'No. 147 / Friday, July 30,'1982 / Rulea and Regulations \ } 4. . ` -. ; 1. Measuring Asbestos Emissions or Fiber; -/. ft) Product Line. Enter the prodiiti'v'i:1- ti M Release*/.."-''' Ik-N/v -*-' subcategoiy code (and generic name If used)/ IT the plant site has applied for a water " effluent discharge permit [NPDES Permit), . provide the application date and the permit number that was assigned.; .':?? **; " " , Summarise and report separately'thie ;.,*' ' results Of any measurements or monitoring fpr each end product subcetegoty reported in * parts B(l), Cor D. Miners and/or millers *';v need only list the type of bulk asbestos fiber reported in section B(l). If unable to'" * *"! *. determine wastes by end product *'* **' subcategory, report according to the'forin oT performed to determine the amount of -?< the waste (in below); enter the name(s) and 1, asbestos Tiber released during the production, .code(s) from parts C8ndD. Mark (X) In the 1 use, or disposal ofasbestos fiber orasbestos appropriatebox to indicate that the data Is t * products (otberlhan already reported in part either an "End Product Report" or a "Form of H of this form). Ifattaching any ucb " Waste Report" information for this section, check Ihe "yes" (2) Form of Waste. Record the form of the box on the form, if not. mark "X" form i. waste either after completion of the separate report. Where possible, the measurements should characterize the type of fibers found end the fiber size distribution, and should be reported according totbe... *following ranges. Reports submitted in response to this section should describe the methodologies used to perform any tests, to gather samples, and to analyze samples. If this Information has been previously submitted to a Federal agency, do not report again here, hut Indicate ' the date and to whom the information was sent, and briefly describe the nature of the information. Where possible, summarize the sampling and analytical methodologies according to the terms and abbreviations listed below. processing or at it leaves the plant site. ,, Report asbestos collected in control devices, such 88 baghouse fines, on a separate line. (3) TotalAnnual Quantity ofAsbestos "> Waste (Short Tons). Enter the iotal quantity, in short tons, of asbestos waste generated by each reported end product production line in 1631. Asbestos waste it a waste product that. contains asbestos as some or the total waste. Do not report quantities of waste recycled or reprocessed. *.................. ' (4) Average Percent Asbestos. Record In short tons the average percentage ofasbestos (by weight) in the total quantity of asbestos waste. This figure may be an estimate based on previous experience or an extrapolation of production mass balance figures. (5) DisposalSitefs). (a) Type of Land -nbet aba tfstributiora Anatyih Tini'Piodotofliei Disposal Fsdlity.Mark (X) one of the . followinglypes of land disposal facilitiesor , Op*ca>M<rc*copy. the asbestos waste of each end produot * ** PC Phase Contrast Moo* subcategory or form ofwaste. See the * copy. PM PotoWng Micrpaccpy. OS CXspertlon StaMng. 4X>-&0__________________ OH Otm opfcai utooteopy February 5, 1681, Federal Register (46 FR. 11126) for comprehensive definitions of the types of facilities. ,- techniques (spedM. Surface Impoundments--facilities at which w----- . liquid wastes or other liquids are . TEM TrmnarroaiOQ OeOcn impounded or held. Surface impoundments -non Mtcroeoopy. are generally earthen structures designed to hold an accumulation of liquids or. Sampfing Methodolpgjea *t*oapy- wastes containing free liquid. Waste Piles--facilities at which wastes, usually In a solid state, are placed on the XRS X*ftey Spectrometry. land for storage or treatment EM ItatnoMft alacHon ooccopyiwuftL TP Thermal Precipitator__ 0 Any other amlyJ* method* otogy (Provide specific* tons). Land Treatment--facilities at which - ` * wastes (usually in a solid, semi-solid, semiliquid,-or liquid state) are spread on the ground for the purpose of treatment Landfills--facilities at which wastes, Ml Midget MF Membrane CPA ProvWonal Methodology -- EPA--'TBertwi Sfccrmceps Uwsuremw* d M/twma As. bestos Cone*fllratton-A WonUonaJ Msthotlology," PA- 00/2-77-178 (Htvtstls) JAnpis1Sr7e1J. usually in solid or semi-solid state, are placedjnto or on the land for permanent disposal. Seepage Facilities--facilities at which wastes (usually in a liquid, semi-liquid, or semi-solid state) are placed into or on the ' land for storage, treatment or disposal. A seepagefacility is designed with the ]. Waste and Disposal '-'r.rr: ' Entries in this section will account forth* waste that It not recycled and results from objective of discharging liquids into the *.'* . land. There are four types of seepage facilities:'..'.:,- the production ofeach type of end product subca'tegory reported. The percentage of the, ' total waste from the plant site that results ' from the production of each end product^', -** subcategory may be estimated. Report . ' separately the data for each end product *: ' subcategory. Ifunable Id detenufe/e':-- ! quantities byproduct subcategory, report total quantities disposed of for each form of waste.* - * *' * r;; .1, siv.tii- . * >r-,. o.t*'; _ .a`v *.*.$&! '3?- ,*V,} . i. <h i \ .'Ns' -r.' ^w.; ;7r`r. ' V., .2 * / t - 0..*-r x'.r'sU:'*"* ' -- CAPCO JEN 0012442  . -,- >. , . . " . Federal Register /, Vo,1.47. No. 147. 7, Friday,-.July 30,'1982 / Rules and Regulations " I J ' . ..'*TiTra-7( 33217;.. l.cg y) Location ofDisposalFacility--For each end product subcategory (or form of waste), . mark (X) whether wastes are disposed of t this plant site (on-site) or at another site (off* site), . 'y> (c) Ownership ofDisposalFacility--For euch end product subcetegory (or form of waste), mark (X) whether this disposal facility is owned by reporting company (company), another private company - (private), or a municipality (municipal). fd) PermittedHazardous Waste Facility- Tot each product subcategory (or form of waste), mark (X) whether the disposal facility is permitted under any applicable State or Federal hazardous waste regulation. (6) Method ofDisposal. Briefly describe the specific methods used to dispose of asbestos waste. For example, if you wet the waste and place it in a bag or drum prior to disposal, that should be noted here. (7) Additional Information. Submit any additional information to describe any steps taken during waste disposal to reduce the release of airborne asbestos fibers, if enclosing a separate description, check "Yes" on the form; if not. check "No" in the space provided.. K. Pollution Control Equipment v In this section, provide information on all air pollution equipment located at the plant site to control or remove airborne asbestos fiber. List each piece of equipment on a; separate line on the form, even though identical units may be useH at the plant site. Use the codes listed in this section for each piece of equipment being reported. For additional space, fill in and attach additional copies of the form. If the company has - submitted portions of the required data to EPA previously and the data are still current, enter "EPA" in place of those data, and reference the address where the data were sent and the date they were Bent. (1) Item Number. Number each piece of equipment consecutively (one through the total number of pieces or equipment). (2) Type ofEquipment. For each item number, enter the appropriate abbreviation from the following list. . Baghousc (BH) --Reverse Air (RA) --Pulse Jet (PJ) --Shake (S) . --Other (O) ^ For example, if the baghouse used Is equipped for both reverse air and shake cleaning, enter (BH) (RA) (S). Scrubber (S) --Venturi (V) * --Impingement (I) --Spray (SP) --Other (O) v If the scrubber used is the venturi type, also enter the pressure drop in inches of water In parentheses. For example, if the range of pressure drop, is 40-60 inches, enter (SJ (V) (40-60); * v Electrostatic Precipitator (ESP) _ Cyclone (C) r Multiple Cyclone (MC) Other (O) '' . '($) Gas Stream Volume and Temperature.'' For each piece of equipment, enter the gas ,m volume (in cubic feet per minute) and the' .** operating temperature (in *F). Use 8ctua) data for these entries, although estimates or design figures may be used if actual Bata are. /. unavailable. Ranges (ex: 8,000-10,000 ACFM at (40-180 *F)) are also acceptable. -.V-f (4) Equipment Size. If electrostatic precipitators and/or baghouses are used . ' enter the total square feet of collecting . surface area. For all other types of equipment mark (X) "N/A." (5) Estimated Collection Efficiency. Enter the collection efficiency (percent), or an estimate of this value, of each piece of. equipment. Mark (X) either design (D) or actual (A) to indicate basis for response. (6) Normal Operating Schedule. Enter the normal number of operating hours cither actual or estimated for each piece of equipment during 1981. , , (7) Quantity Collected Annually. Estimate the quantity of material In pounds that is (or would be. given the design of the equipment) collected annually by each piece of equipment in 1981. Include all asbestos and non-asbestos materials in the total. If possible, estimate the percent (by weight) of asbestos in the collected material. Mark (X) either design (D) or actual (A) to indicate ' basis for response. * (8) Source ofEmissions. Enter a briefy, - description or the source of the emissions ' such as work are8 exhaust ventilation, curing ' oven, mixer, various, etc.* * (9) Stock or Chimney.'Indicate whether the air pollution control device discharges to a stack or chimney; check "Yes" or "No." (10) SpecialProblems. If there is a special problem with particulate collection or with any specific piece of equipment, discuss it In4 > the space provided. Be Sure to indicate which piece of equipment is being discussed. * (11) Estimate the percent of plant exhaust air that is treated by the plant site's pollution . control equipment. Appendix A Definition of Terms Several terms arc used throughout the reporting form and the instruction bookletto describe the different kinds of asbestos products and how to report them. Asbestos Mixture: a mixture which contains bulk asbestos or another asbestos mixture as an intentional component. An * asbestos mixture can be utilized as a finished - product or incorporated into other products. : siA Bulk Asbestos (or raw asbestos): any ; - . / quantity of asbestos fiber of any type or ' grade, or combination of types of grades, that * Y is mined or milled with the express purpose to obtain asbestos asbestos. The term that is produced or pdrooecsesnsoetdinacslu*dY.e.... .__i. > contaminant or an impurity. Asbestos is a V. group of naturally .occurring, In'organl^highly j fibrous, shicate minerals, which easily*^!I^oi^C:;,vlv*n:v-eanorsle Inlrt Inno iViin. flpYlhtp.fihflVt wh#h ivi-i:.'.* ...**.r *:.* 7*;iY k;i-Pizy-y<syi ' . . > .4 . * * .. .i - Y-.'_-'u . - ,i 'f * , .,, .i >' ' A -y CAPCO JEN 0012443 33218.: * \ t t Federal Register*/. ;VoJi> 47,,}Ncm 14/V^Friday, r]u]y. 80,^1982;/ lilies. and Regulation's iU:i .!*<! !*< EndProduct' the product ubcategory.that r Is either shipped from the reported slte or' tmported into the United States... GenericName: a term that describes the coded product subcategory better than the : subcategory name given on the form. If the product subcategory name on the form is * adequate, use it. . ~ ** - * v Importer: a person or facility importing; asbestos, in bulk form or as part of a mixture, or article. Into the customs territory of the United States. This definition includes:* The person liable for the payment of any duties on the merchandise, or An authorized agent on his behalf (as defined in 19 CFR 1.11). Importer also indude?, as appropriate: V --The consignee; ' ^ ' --The importer of record; --The actual qwner if an actual owner's declaration and superseding bond has been filed in accordance with 19 CFR ` 141.20; or --The transferee, if the right to draw merchandise in a bonded warehouse has . been transferred in accordance with Subpart C of 19 CFR Part 144. For the purpose of this definition, the customs ' territory of the United States consists of the 50 states. Puerto Rico, and theDistrict of Columbia. When two or more persons meet the same definition of "Importer*' for the same shipment, the principal in the transaction,'not his agent ' or agents, should report Note.--If reporting company purchased in the United States an asbestos product that originated outside the United States, do not report as an importer. ' For reporting purposes, there are several classes of importers: . . --An Importer ofBulk Asbestos Imports bulk asbestos into the customs territory of the United States. Imported bulk asbestos is declared to the United States Customs Service upon entry as Tariff Schedule of the United States, Annotated, (TSUSA) numbers 518.1110- 518.1160. Importers need report * information only to the extent that the information is in their possession. --An Importer ofAsbestos Mixtures imports asbestos mixtures into the * 'customs territory of the United States. Imported mixtures include, but are not limited to. merchandise declared to the United States Customs Service upon entry as Tariff Schedule of the United States. Annotated, numbers (TSUSA Number] 518-2-518.5, or other TSUSA Numbers that may pertain to asbestos mixtures. . --An Importer ofArticJe(s) Containing Asbestos Component(s) imports an . article that contains one or more 'Y asbestos components. Miner dnd/orhiilhr ofAsbestos:* person who either mines or mills asbestos. Mined or extracted asbestos-containing ore Is further milled to produce bulk asbestos. Milling involves the separation of the fibers fromjhe * ore.grading and sorting the fibers, orjY. fiberizing crude asbestos ore.. J. . PrimaryProcessor ofAsbestos: aperson;;, Y who processes'bulk asbestos to makes an'V* . asbestos mixture or a product that contains 'N ./ asbestos. A primary processor who make an; / * asbestos mixture and then processes the *; : asbestos mixture at the same site to make a different end product should report' . , produptiori of the final end product Primary / processing includes'the mixing or v.* repackaging of raw asbestos fiber.'; ', - Product Subcategory: the type of asbestos mixture or the type of end product listed and numbered on the form. Secondary Processor ofAsbestos: a person who processes an asbestos mixture that te then incorporated into that person's end product Secondary processors use asbestos mixtures that are made at a site other'than ' the 6ite being reported. For instance, asbestos millboard zney be purchased by a secondary processor, who could cut that millboard and incorporate it into an appliance. AppendixB .< '' How To Compute Summaries ofMonitoring Data--Instructions and Worksheets These instructions describe how to compute the arithmetic mean and standard deviation of the TWA values for each category of employees counted in column 4 of part H of the form. It is probably easier Jo . compute the figures by working through one. . line at a time. For example, a primary processor who has employees working in the fiber introduction area should locate all monitoring data for those employees, and . . work through question 10 before beginning computations for the next production work category for that end product. A worksheet Is' attached to these instructions: after . completing it, transfer your computations to part H of the form. I. To compute the "mean** for the TWA values for a production work category, first list all of the TWA values for employees counted in the category. Do not include non- detectable TWA values in the following calculations. ' For example! assume the following TWA values (listed in column A] fora production work categoiy:. No. 1. 2. , . a. 4. e. .... TWA vluei Squttts of edmn W 300 100 - 100 205 ooo . .*.005 1.7S 106 125 ' 106 t.00 .... .... .; - - YY -* VY.YYiv-Ytii-itt ''. ` ; V.' * - ,,* /, Y* ' * ' v \* '/ ^ * ' .... - * . r' CAPCO JEN 0012444- Federal Register / ,VoI, .47,>No. 147; / Friday'.'July 30, 1982 / Rules and Regulations III. The " in ci (N). In this . : '; ' . . " Is the sum of the TWA ' i A divided by the number of Sum of TWA Values 6.00 -1.20 IV. To calculate the "standard deviation" of these values, first compu ; to the following I (V)=-------x (Sura of Column B-- N--1 (Sum of Column A)1] 1 [8.12-(6.0 X 6.0)] N 5-1 '6 = y. [8.12-7.2] _-92 =% V-.23 V. Finally, the standard deviation (SD) is the square root of the variance. In this example: SD--Vv SD--0.48 The arithmetic mean is entered in column 5 ' on the form, and the standard deviation is entered in column 6 on the form. BILLING CODE IKO-SWI 33219 \ CAP CO JEN 0012445 CAPCO JEN OOI2446 '-v-'-V : **>\\, .r. vVvTi'VV >' ' Federal Register rfitfak'it','Ntfri4fc/;Friday. JuJy 3p* 198Z'/ Rtile8rand Regulations';'r1-1'? ' 3322fcy-, 3T { 763.77-' Reporting iieconda^prt>eMiihy-~-*' :.f- and Importation of asbestos \'"rAM: "'i.' :llT' :r" Flzizz7Tzr*iY-.i *>?* ** - ,'&&*&. f- The following EPAForm 7710-37,--~;~7'-------=------- 7~r~^. ---------------------------------------- > ' Reporting Secondary-Processing and' Hcsj' ~ '/"."'T' *' Importation of Asbestos Mixtures, will ; be completed and submitted to EPA as T"~A Si"~T,~"r"-***" 1 ~ 7-= : - required in 5 763.65 and 763.71.-''.- .. . ' Information must be reported on this"'" ~ ' r ' ' "..... :' - '^ form to the extent that it-is in the ' ,'____ . ' .- . '___ ^__________________ ______________________ 7 possession of the respondent Importers* LS.?.T-e-jj.-p.~ K--.-jrrr,n ir..y.v.:\i~:; . - -______ _____ __ L_________ ___ _1/ must report imported products'o'nly'if " ,.N -V'-'.i . - the imported product is listed on this . . .............. ` form. '. . . v.\ ' . ... -........................ , (a) EPA Form mo-37 (8-60) j/..'.. ... '.......... ... r.L. ". SIUING CODE UM-SS-U. . -J' . ! '1 ,, ;. . r . - **W Wsr: , ` .Y:'.YYA'Y' . >-. it'-Vi'-.-.s>;/jp--<ru.-: CAP CO JEN OOI2447 I "s 33222r FederaIRegister/Vol.:47i No. 147.,-/.'Friday. July 30,1982 / Rules and Regulations SERA COMPANY NAME US ENVIRONMENTAL PROTECTION AGENCY . -V;v"" . p. REPORTING SECONDARY PROCESSING AND IMPORTATION OF ASBESTOS MIXTURES * PAHT I - COMPANY 1NEQWMATK>N PQR SPA UK OftWV ADDRESS City. Kt*U A T Cadti TECHNICAL CONTACT TELEPHONE NO. PRINCIPAL P-ARTILgy SECONDARY PROCESSOR END PROPVCTiS)_ From the lift In Section I. enter the tobettot end product produced. Opposite eech product, list the esbeitot mixture that you proceti, end the quantHy t tech mixture thet you eomumed In 1961. ___ _______ ENOPROOUCT(S) ASBESTOS MIXTUREISI QUANTITY OP ASBESTOS MIXTURE CONSUMED GENE PIC NAME GENERIC NAME UNIT OF MEASURE V 1 \ 1 * ) & PART HI - iMPQRTfRS_OF_ASBESTOS MtXTURgtS) Oft ABTICLflS) CONTAINING ASBESTOS COMPONENTS Lilt the asbestos mxture(s) or artidafs) thet you unport end the quantity ol each Hem thet you imported m 1981. Oopotite eech Hem. enter a deecription olthe etbettos component in the mixture or ertidt. ASBESTOS MtXTURE(S) OR ARTICLES) COOE - GENERIC NAME. QUANTITY OF ASBESTOS MtXTURE(S) OR ARTIClEISI IMFORTEO QUANTITY UNIT OF MEASURE OESCRPTION OF ASBESTOS COMPONENT(S) IN ARTICLE . ' .' CERTIFICATION FOR CLAIMS OF CONFIDENTIAL BUSINESS INFORMATION An authorized company official may claim any information reported on this form as confidential business information. To do this, the confidential information must be clearly circled with a red marker. In addition, an authorized company official must sign below to certify the truth and accuracy of the following four statements, which apply to all information that H claimed. 1. My company has taken messvret 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 qoasi>judiciat proceeding) without* - my company's consent. ** 9. The information is not publicly available elsewhere/ * 4. Disclosure of the information claimed as confidential would cause substantial harm to my company*!.competitive position. - SIGNATURE OP AUTHORIZED OFFICIAL CPA Form 7710-37 (10-91) .^*N . i-.. CAP CO JEN 0012448 Federal Register ./ Vol. 47; No. 147 / Friday. July 30.1982 / Rules and Regulation's 33223 REPORTING SECONDARY PROCESSING AND IMPORTATION . ..... OF ASBESTOS MIXTURES 'NtTRUCnOHS This form is to bs eomplstsd try psrsons who, in 19S0, wtrt secondsry procsssors of ssiwstos or importsrs of ssbostos mbrturss or srtielss thst contsin ssbostos 3 componsnts. So* "Reporting Commercial and Industrial Uses of Asbestos" "40 CFR / Part 763. Subpart D, for a full description of the reporting requirement arid ,, ... , , reporting schedule. ... _ .. If additional space is needed, you should use additional copies of this form. WHO MUST COMPUTE EPS FORM 771057 1. SeooManr precMMrs of esbottoo mum complete Pert I end H of the form. Each Riant Ms or manufacturing facility muat bo reported eeparetehr. H you process bu* . asbestos fiber to make any of your product* . el this plant n. then you or* PRIMARY PROCESSOR and you should roport thi* pl*nt an* on CPA Form 7710-362 Importer* ol asbestos mixtures) or artideM containing asbestos consonant* must combat* Part I and HI of the form tf you . import bulk asbestos fiber, than you Should report all importation activities on EPA Form 7710-36. 3 Those who ora both saeondary processor* and importers must complete Pan* L i and HI of tha form. DEFINITIONS 1. Asbwrot Mixture meant a mixture which contain* bulk esbeito* or another mixture. Section 2 below htt* typical term* tor tebastoe mixture*. 2- Asbestos* Component--mean* any atbastoa mixture, including any ffnrihed product . containing an asbestos mixture, which ta incorporated into an eruele. Section I below Itin typical terms tor product! made from esbettoi mixture! *nd component*. Some., example* of asbestos component* are: asbastoi paper m a hair-dryar; asbestosremforced ptaatic cabinet of a television, asbestos textile that is part of particular type ol garment 3. Secondary Processor of Asbestos--mean* a person who processes an atbastoa mixture. 4 Importer of Asbestos Mixtures or Amelee Containing Asbestos Component!*)--means a parson who imports merchandtst that contains asbestos into tha customs territory of the United Sum. Where there are two or more "imporurt** for the same shipment, tha Pnncipel rather than the Agent shoutd report PARTI COMPANY INFORMATION Enter the name, address, and phone number of * your company. Enter tha name of the principal technical contact who is either responsible for tha completion of this form, or has sufficient knowledge of its content to respond to question* posed by EPA. If you are reporting es an importer, cheek tha appropriate box to indicate that you are anher the Principal . importer or the Agent for tha Principal ., \ PART M SECONDARY. PROCESSOR END PRODUCT* * in Section 1 the name of the product *ubcetegoy that most Specifi cally describes your and product fn-ttua column, enter the coda number for Jb* and product you make and write in tha generic name for the product W you *re reporting a product that not listed, enter tha coda for -other" that it listed under the most specific general category of products and write in the generic name. Report each ond protect an separata Ime*. For example. If you make appliances and are reporting toaster*, enter **I14~ and "toeeterV Asbestos Mi'xiwr#/*/--For each and product locate in Section 2 tha name of the asbestos mixture th*t moat specifically describes the asbestos mixture that you incorporate into the and product In this column, enter tha coda number for the asbestos mixture and unit* in (he generic name, tf you incorporate more than . one asbestos mixture Into a single and protea. then use a* many fines as necessary to report asbestos mixture* in the and protect Far example, if you incorporate asbasto* millboard into your toester. your entries would be as follow*. End Protect * Atbattoa Mixture 114 toaster O3'mttbo*rd Quantity *t Atbastos Af/xtur* Canaumad-^ Opposite each asbestos mixture that is fitted, enter tha Quantity of each mixture that you consumed m 1660. Specify the quantxy according to the un* of measure hated m. Section 2. II the unit of measure is not bated, report the Quantity m short ton* If your records do not permit you to lilt the quantum consumed for separate end products, then report the total amount of each type of asbesto* mixture and enter *T* (for total) next to the figure. - '**- FART III IMPORTERS OF AStESTOS . MIXTURE(S) OR ART)CLE(S) CONTAINING AN ASBESTOS COMPONENT Asbartos or Anicb--For each type of imported product, locate in either Section l or Section 2 the name that moat specifically ,, describes the product you Import Enter tha coda number and generic name for the imported product f * " *"-* Quantity ofAtbattos Af/ifuraftf atAnkbfai Anporred--For each product listed, record the .* total annual Quantity imported in 1660 Specify, the quantity according to the unit of measure u listed in Section Z ff poa**be.'or according to " * \ tha unit of measure a* reported to the U-S. - 'k - * Customs Service upon entry of the merchend** Into the United State*..-anvo* Oaacriptton a* Atbaxtat Canfionanta ki'. Amc/a--list air asbostoa component* in the inserted article by entering the name'of the atbeetoe consonant opposite tha name ef the article. H the reported product fcen asbestos mixture Cued in Section 2. then you *ho^Ad nck"-^' complete th deaaiption..Viw^r.r/i>vV^.;^V/-y *.mf>*V_vV.* ?'f- *%<* t" l nis**s:%vcr fy*r- t-- ' wVV/Mr*jroFt> l" vi*v-:r 4*Y-Ii>'bV -A .* ,**.-.< O A ,. Va i s* ! *i Sr* * - - _-y - .. CAP CO JEN OO 1 244-9 33224 - Federal Renter-/Vol.47, No.1477 Friday; July 3D, 19B2/-Rules and Regulations- ' '/V*. --;"v SECTION 1 - TYPICAL TERMS POR t PRODUCTS MADE OP ASBESTOS MIXTURES - *------ AUTOMOTIVE AMO FRICTION PROOUCTS 101 On**> PaU #***** 102.0e trite pads MN medMm Id 0e Make pa* fte** veMM) 104 Pak* Mact (h**w WVfMM) 106 CMch tecwpi PR 106 i 10? Fr<tn m**ei> KiAwlrid end cawwwartfao V06 Cuaiem eutemttnre Mr Mar 106 Trentment tlO IMP* 11! Re*4t* Mp mtuMhen 112 Red** w>w 111 Oih* Rpeerfr 9** Awntf . . APPtlANCES .114 App*e*nce. fndwatrpl M ' confirm* upec*r pener* name) CONSTRUCTION PRODUCT* 111 #** end Iwrnaco AofWOi 111 Oecereted MAnj pane* II? A/C the* 111 aw conductor . 116 Nooda and vonta 120 PenabN eanawwcuon tu4dm 121 Aoo<>nf. tatti/Mad 122 Reef 123 WaNboard 124 WaH laofcnppanaM 126 Oth* ttcaoM 9***e nam* CiOTMIMO 121 A*cna 127 Bert* 126 CP*#* and nMttona 129 Kata and hatmata __ 130 Oo*H**l ~ 131 Sum 132 Oth* (spacer |an*< name) FLOOR COVERINGS *- 133. Vn|*. aabactot Row *N 134 Aabatwa-feh-bected aha* *nyl toermf tUCTRtCAL PRODUCTS AMO COMPOMEMTS - TEXTILE AMO PELT PRODUCTS 136 Ce*e toeuNam ' 136 Etac*en* maWeempenen* 179 i 137. tPcirof raamtanco idtim . . ISO. Rapa * treMap - - 13* Eiecr*eliiitMiard 139. ENcmc* pmth HdM Ill, Vanv tap. er ra*rp tewda ... . .1 140. E>acancaf*a tnawtoUon - 113. Safa - < A 141 MoMramwaurt 1*6 $**p *r. 142. Oth* |>aad<r ten** name! W.tier*e*~ * TS6 C*p* peddwp FIRE AMD MEAT SHIELDING EOUIPMENT AMO 117. Comm*eaf/*duatrtat d COMPOMENT* 143 Arc daReaeara IS* Drat 144. Piradaara .- in Dnp dacha i 141 Poaproaf ebeartent pap* 190 F*a haaaa 141 MaetehMda 191. P*wp to*d pm and 147 Mete* met* hendMp * 191 Mandat, lamp * ceteNt* 14* 0*an end aaev* meuMRart heat* 149 Ape wrap .. 113. Pa*** and pedttrp otmaananw 110 Steve bn**, weed end ceei 194. Pana and *pan Sana 161 Steve ppe nrpe 196 Awf* 162 SNdvae 163. Th*mat MewMtMn 164 0*>* NpeeHy tener* nem* 191 Tapa 197 1 in. 0(h* Rpacrfr tananc nam* OASKfTS - 166 Sh MISCELLANEOUS PROOUCT* 200. Aana* dcraei Raree 161 SMfMi4M|.n*Mr 201. Acowtticat predwtM ancapaufpad campreaeed 202. Ammvntn waddmf 16? C*n*eeaed aha* faeUttfp 203. Aaba*oarnlarcad pteet*' RttPl 16* M*a re*rf*ed pa*era - 204. Aaharcya 15* Automotive f 200.9atp ahoou - 190.0th** 201 Biamoarda 207. CanDaaucfes MARINE EOUIPMENT AND SUPPUC* 306 ChamicP tanka and aaaiap . lli.CawRt. marine SOS.FdWr* .. . 1*1 Onerc. pend * canal - 111 M*maauPhaa* .. ,, 210. Gramma* 211. Cunnpa 194. D>h* daeufj tn*<nem* " ` ` ' 211 Aah maPnf aaapmard 211IUna PAWTS. COATINGS. SEALANT* AMO COMPOUMDS 214 Lamp itrta* 196 AaphaB* compawnda , 216 196 Automotna/awA bedf aa*m#a 216 Unupa far wpwRa. aaMa 197 Sirffn9 and al<ah*9 aampiundi in. CawArnf and patchap campaundc 217. fttanofraph rawrM 199 DrdPp*d _ 3t$. fimmrmr 170. FPthap 219. WaMrp rad aaatirpe ' 171.Fumaeai 220 Oth* Rpacrfr 9tnanc n*np 172. Clamp Campouwdi 173. Maat* and meet 176 Pump. vah. Ranga. and tank 176 Real caatwpp 176 TaPuradpam* 177. T4ac*manl 176 Oth* Rpacdf fanarie namal SECTION 2 TYPICAL TERMS FOR ASBESTOS MIXTURES PAPERS. FELTS. OR RELATED PROOUCTS 01 comme*ei pap* 01 re*board 03 m&oard 04 p'pahndvnap 05 b#*i*edd9**a**n* paper 06 h^h.|rada atactraai pap* 07 un**uratedroof<n9feR 06 a**atad t**rxp Ml 09 Rearup Mr 10 cenwpMad pap* 11 apac>*rr pae* Rpacdr) she* tana ahenaana than tana ahoM tana ' ahart tan# ahartiona aha* tar* aha* tan aha* tana . the* tana aha* tana-*. . FRICTION MATERIALS 16 #um PM Pwng pphr>madAtm ahda) pPcaa 19 *ac P4a pm (tpM>maD*n vahieP) racaa 20 drac Pact pada ft--uy aqwipmant) . pmcaa 21.6raMModi(ha*>yaavpman( pPcaa 21 dutch faontaRP P*ca4 21 awtamet* panamoalend frkin cempenanttpPeac 26 taction matartah {'nduatnai and ^ a*twi>*icaO pPcaa Ttxmes' ' 26 cm* 26 thread y*n. lap. ranrp a*d rape - ./ ryi FLOOR COVERINGS 11 ywryt-asts** ftaor Ma , 11 a*ba>taa-MR-badiad vtnyf Re*up , ASIEST06CEMEMT PROOUCTS 16 A/C p*a andhtwpa 11. A/Cahaac RM ' 19 A/C ahaac campatad ' 17 A/CahupM .. * auaraiardi aawarararda OTHER PROOUCTS ' ' * ^. f Vn`/. 27 aha* aaUtup (*h* than *aat*-a0 ^ . - 26 paoUnf . . r* \ . ahartiona . ...^ . . 39 pain* andaufacaceatfapa *** <<^urv *%> H.vsv--' ^ . lOOaauarafMt ... 20adhaanaaandaaaian* ******^r.->v- . lOOaawaraM* * ` * 31.abeea-rentort*JptMtfca *V.-. ,<;: *: nua* '1'*" ` ** 31 InawlKMn mc*M net afaparhar*.:'.? .1 r#-*: - * * * rftMffiriUnacI .* ` >} I' yi 21 mteed * rapacU9d tatoadoa R*ar9h*t* 26ath*(ndj .* ` --i-- BILLING CODE 159040^ *. * ^ * ,7 ' ** s 4'* . .J *.: `f - . ' ' . . ** * .- f" *.. '* ' * - _ " . . .j*. % J>'i: ' \ .* * `' CAP CO JEN OOI2450 ) 33224 - * - Federal Register -/ Vol. 47, No.'ii7'/' Friday,- July 3D, 3982 /.RuIetTand Regulations ' SECTION 1-TYPICAL TERMS FOR PRODUCTS MADE OF ASSESTOS MIXTURES AUTOMOIIVt NO fPICDON MOOUCTt 01 Onuw Met# Wwrt Ftm meAHW Ita. OtM Ml pedi R>ht **** . 101 PC MlM MO --T 10* Srake Me* Sweep eNi*m*fl() IOC CM*Nc9iJM* Ktt Automate penawwewn Rime* ' ELECTRICAL PROOUCTS AND COMPONENTS - 134 CON imulwiw 126. CNcon< meiereenwononN .- 137. EWewcai tmmtnc* ijmin . 134 (bOrtett pumtRtiprt ` 13t CNctncel ewdeh topper* Mi . 140. Electrical ** iMatenen v% * V* ,-<- 141 UMMMWt 142. Other Upectfy goner* MM* 107 Frwtwn metarule <itWMifni FIRE AND NEAT SMTfl&INO EOUIPMENT ANO endeemmeraM) _ COMPONENTS tot Cuetem evtemetrve fcodp *** lot ttWtnM 14} ArcArtMCNff 144 Fa# deer* 110 Mufflwt 148 Fireproof iNwNsi peper TEXTILE ANO FELT PROOUCTS 179 Afemmwed own IK Rep# er MeMwif * 111. Tom. tap, r mMf ttlWMN v-p . ,i . .< IK Sett ISA SaRmg n r*4i * ./ ./ 114- Cerpet pad** 117. Cemmeroei/mduMrt* Oyer IK Ortpenee ' 199. OnpcNdw IK Frpheeee " 191. Perwrtf teerd pedi end 1U (XNr .. appliances 414 Af&X***L AptfStFipl #nd - csm>Mi UpegAy ffwrtc nemet CONSTRUCTION PRODUCTS Hi 0o4 and furnace fcafflee lit DecoratedMrddm*peneW 117 A/C MM 120 Pen**# eemtrwctwn MnMng 111 Root** tatwreWd 122 123 W*Mb**rt 124 WH reeM* penefc 12t Omar t*p#cfy name) CIOTMMQ 12t psm 127 Seott 129 Gtevei end meter* 12t Mew end helmet* 130 Om*|MM 131 Swt 132 Other Hoaeify tenor* neme) FLOOR COVERtNOS 133 Vmyl Mboelot *aor Me 134 Abe*t|.|.beked*heet*tnpl toormg 14A Oven erN Mere MeetePen 141 PeM4p IK Steve Mw*. weed end eeel lit Steve ewe * 162 Sleeves . 163 Therm* NeuletWft 164 Other Npeo4rtnencNmet CASKETS 165 Sheet NAeet rwRter > encieiwiiMd tower oodwon 164 Sheet gaekeiai* reRMr encapsulated compreeoed 167 Cempre--ed sheet feekotiws otherj 164 Metal remfereed geefcet* 159 Awtemetee fMMN IK Other (opeoN tenerie NPnet 192. Mamteo. temp er catiM* 193-PeefcMf end peekint eempenpnta 199 Rwft 194 Tepe 199. Other (epicify |e<rK rwmet MISCELLANEOUS PROOUCTS 200. Aeri* Wet/eee Mere* 201. Acewetieei prpduca 202. Am/nunltwn wadPng 203 Ae9ettee-rentoreed ptaot* predwcN 204. Aeh treye 206 SMN^tfwMt * 204 9lifPfeN MARINE EQUIPMENT ANO SUPPLIES 204 Chemc* tarda end veeeeN , 161. C 162. Unera. pend pr ten* ^ - - 206 Fdwrt 210. Gwiwmi 163. MwmotuRhieM . 16*. Other Rpecrfr fmerk nemel 211. Cun yr*e 212. JewsPi mokmt etwmert 211K*w PAINTS. COATINGS, SEALANT4 ANO COMPOUNDS 214 lamp ooctotl 166 Aeph*t ppmpewndi 214 Unt tufte leMrpet) 164 Awtemotwe/iriNt bedf teeNnst 214 Umnpe Nr vevto. eefee 167 Stftrmf end pet^hmp eempewndi hwmMAert. end Mmt cetdtew Itt PeAmj end pNchmt eerwpeunM 217. Phenpy^h reeerM 169 OrdM^fiMid _ . 214 RetNnf Ney 170 Fieehmfe 219. Ws*&np red teetmft 171-Fumec 220 Other (pec<*r tenene neme) 172. Glfconp PmpewnM 173. PNster end etweee 17A Pwmp. v*M. Ranpe. end tent eei*fiQ tethpenenN 176. Poef ceennje 176. TeattwredpemN 177. Tile eereerd 174 Other Rpeedr fMNk nenwl SECTION 2 - TYPICAL TERMS FOR ASBESTOS MIXTURES PAPERS. FELTS. OR RELATED PROOUCTS Of cemmerei peper 02 rptfboprd 03 eietbeerd 05 teeter.edd peper 06 h^h-preo* eteetresi peper 07 wneftwreted reefmp NR 06 Mt^cied reefing NR ^ 09 fleermg NR 10 cerrwpeted peper IT epec*#rtypeper (epepfrl FLOOR COVERINGS 12. i nit Mu-- teer Me 11 eeMMee'NR-keeUdmnyl Reerng ASSESTOS-CEMENT PROOUCTS . 1AA/CpN*4hdfmmte 15 A/CfheeL Ref '. 16 A/C sheet eertupeted 17 A/C ehtnpie b then tens ehorttene heritene ehert Nnp hertletd hen Nnp then tent. . herttenp , ehcritene hen Mne>* svereierdp- * quereyerd* lOOetuerefNt 100 ew4re Net ' ttusret. '/ SILUKG CODE I560K*C FfUCnON MATERIALS 14*vmNeMWHntF<tM>ihe4NmeNcN| pmem 1>. Rec trete pedi fiiphi metKvn vetxNj piecw 20 Aee Make p*dt (heavy eevipmentV 21. MNe Mock (heavy eev^tnehi pmeee > ioi 22. Nwttft Ncmfs (e>9 pmeee 21 evtemet* venemtMNne frajn cempcnenufieoM 2A tndrnn iMteriaie (tnduepipt end eemmerteeq pNeet -v-- ; v; f K\ TEXTILES ' 26. cNth 26. ihreeA y*rn, lap, roving, cord repp powndi peunda ir -f ; t <-*7^ .-.r..*; , * ." v,' v -<*. r*.t * . i.. ,.V: f*..: v.* r s v.! W . . OTMRmoouCTt ' 27 iheet Mkeonf (ether then beeter*edd). *'ttuerre`terdt 24 pedUnf : 24 p 30 edheerree end eeeienN * 21. Mberee-r*nNrcedpiedtNt 21 Neytetion mMermN not eNewhere/V deeerhed (n.cd 31 mbederrepackaged**te*to* - 3A ether |nA&| ,,v|70.> J- * - vI 4 -- 7^ f * CAPCO JEN OOI2451 T ISfSsfas f-'t'' ` Wttknitqn OCJW60 > ^vr'; .-^' ' .. .-. i : . .* * t. CAP CO JEN OOI2452 i