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Part VII
Environmental Protection Agency
Asbestos Reporting Requirements
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Fedwal Register / Vol 47. No.117 / Friday. July 30,1832 / Rules and Regulations
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 763
f OPTS-B4004B; TSH-FRE 2124-4]
Asbestos Reporting Requirements
agency: Environment!)] 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. 2807(a). requires reporting to EPA hy 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 Ihe regulation of asbestos.
date: This regulation becomes effective on August 30,1.982.
FOR FURTHER INFORMATION CONTACT: Douglas C. Bannerman, Industry Assistance Office (TS-799), Environmental Protection Agency, Rm. E-511, 401 M St., SW,, Washington. D.C. 20400. Toll free: (800-424-9065). In Washington, D.C: (554-1404). Outside the USA: (Operator-202-644-1404).
SUPPLEMENTARY INFORMATION: OMB Control Number: (2000-0478J.
I. Introduction
EPA proposed a rule in the Federal Register of January 28.1981 (46 FR 8200) under section 8(a) of the Toxic Substances Control Actr(TSCA), to obtain information on industrial and commercial uses of asbestos. The Agency received DO 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 it 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 dale of this rule.
EPA will require reporting in two phases for Ihe second group--secondary processors of asbestos (secondary
processors of asbestos make products from asbestos mixtures, not bulk asbestos), and persons who import
asbestos mixtures or other products.lhat 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 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 or the proposed rule to reduce the burden on repondents without significantly decreasing the value of tits Information that this ride 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 "Public Comments on the Proposed TSCA Section 8(a) Asbestos Reporting Rule" which is part of the public record for this rule and is incorporated Into this document
II. Purpose of the Rule
Ibis rule will obtain current information about ma)or aspects of asbestos manufacturing, processing, and importation to support the Agency's asbestos risk investigation. Under TSCA. EPA is examining the costs and the benefits to society from ail applications 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 regulating different aspects of asbestoB exposures, to examine the effectiveness of current regulatory activities. In addition to providing data for the TSCA investigation, this information rale will support decisions on a number of potential Federal actions by providing a total picture of the current situation that will help focus further activities in the most appropriate manner.
Information obtained by this rule, along with already available data, will
be used to describe the exposures and
economics of asbestos use to the extent
needed for determining the cost and effectiveness of potential risk-reduction
steps. The Agency will consider this reported information in calculating the extent of exposure from asbestos and in determining where the exposures
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 permit the Agency to attribute accurately the risk in specific industries or from specific products to a portion of the overall cumulative risk. The Agency will use the data to identify areas where exposure levels should be reduced. The reports will also identify industries and products that require no further consideration.
The Agency is assessing all available 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 control exposure levels.
EPA expects to initiate regulatory proceedings to control exposures in
cases where non-regulatory actions are not appropriate. The Agency will examine the various Federal statutes to find the most appropriate authority to effect the necessary control. If TSCA provides the proper authority, the Agency may take actions to control specific uses of asbestos which involve risks that are found to be "unreasonable" within the meaning of
section 6 of TSCA. The Agency may
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determine that labelling or p*-otIuotK would sufficiently red<u.<> the risk.
If the Agency detenu,;ns that regulatory measures arc isauinied under the authority of section tt of TSCA, the Agency wit! use information front this rule to support regulatory
impart analyses required under Executive Order 12291. A complete'dulu base will allow the Agency to choose
and document better the most cost-
effective regulatory approach. The Agency will consider all relevant information that it can reasonably
obtain from the current manufacturers und processors who would bo most affected by regulations.
A. Need for the Data
This 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 those risks. Information that is currently available to the Agency is sufficient as the basis for qualitative generalizations about both the value or using asbestos in its various application and the risks from those activities. Yet, the Agency has no sel of information that it can reference in quantifying eilher the risk from or the value of (he various products and product subcategol'ies. Before drawing any final conclusions about asbestos, the Agency needs a data base that if can use to characterize the current situation with n 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; end developed new data and made site visits when possible. The search for information is described in an internal EPA document entitled, 'Technical Information Summary" (ITS), 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 information to the Agency. Additionally, the TIS describes efforts by EPA contractors 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 lhat make
products from bulk
veiy little
i la la exist on seconds'; T rocessors.
Further, all of the inloioration that is
available is inadequate in several
respects. The basic data source of
usbcBtos con ..umptiun patterns is from
the Bureau of Mines. Many of the
documents concerning industrial and commercial uses of asbestos cite (he
Bureau of Mines data. However, the
data used by the Bureau of Mines to
determine asbestos consumption are
from an annual voluntary survey of only
a portion of asbestos processors and, for
instance, do not count 40 percent of the
bulk asbestus we know is imported. The
Bureau of Minus estimates that the
asbestos consumption figures are
accurate only to r50 percent EPA
expects to attain a higher degree of
accuracy because virtually all of the
processing of bulk asbestos will be
reported under this rule and this
production will be reported according to
well-defined categories of both
companies mid products. In addition,
EPA will be able to characterize all
industry segments with greater
confidence from data obtained in the
representative survey. Agency
contractors who have developed the
preliminary analyses for the asbestos
investigation participated in the design
of those information requirements to
ensure that any gaps and shortcomings
of existing information will be corrected
lo 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 bo
separated from the totals. Fov 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-8sbeslos products. The
underlying data of the aggregates, which
arc needed for the Agency analyses, arc
not available in most cases. For
example, the Bureau of the Census is
precluded under Title 13, U.S. Code,
from disclosing individual reports it
receives. Further, Cne information is too
superficial to analyze separately
subcatcgories of products. In some
areas, us is the case for most secondary
processors, existing information is too
sparse to ensble the Agency to make
any but the mostgenerel estimates.
The lack of detail in available
information means that the Agenry is
nol able to analyze the effects that
regulatory or voluntary actions on e
single product may have on a multi
product industry and to quantify
expected reductions in risk. This rule
wilt characterize activities a( the plantsite level, which will permit the Agency to analyze how specific artions would affect various elements of the analyses.
Most of Ihe existing information consists of estimate* lhat are based on data which may not reflect the current
situation because the data were gathered many years ago. The must comprehensive information available
covers the years 1975-1976. and it was generated to support und respond to OSHA's proposal in 1975 to lower the asbestos workplace standard. Present information indicates that significant changes have occurred. For inslunce, the U.S. Bureau of Mines reports that apparent consumption in the United States of raw asbestos fiber declined 36 percent in 1980, with a drop in consumption from 658,847 short ions in 1978 to 358.703 short tons in 1980. Changes hove also occurred in the number of employees and the patterns of asbestos use. Information gathered through this rule will ensure a representative picture of the present situation and it will update or verify where possible data that already exist.
The TIS reviews.EPA'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 (NESIIAPJ file. Inspection dale from both Ibc Occupational Safety and Health Administration (OSHA) and the Mine Safety and Health Administration (M8HAJ, reports from CPSC's General
Order (see the following paragraphs),
and importer date from the U.S. Customs Seivice. The Agency has acquired and evaluated information from these agencies, and concluded that these data do not adequately substitute for the information to be gathered by this rule
A significant source of information on exposure levels in industry' is the Occupational Safety and Health Administration (OSHA), which has performed workplace inspections since it promulgated the workplace exposure level standard in 1972. OSHA records contain a great deal of anecdotal information but. for the following reasons, few generalizations can he
drawn about industry-wide exposure levels or the number of workers that are exposed. Because OSHA does not uniformly inspect all industries, it is difficult lo make statistically valid extrapolations for all of industry. Moreover, approximately 80 percent of OSHA's inspections are in response to complaints, and cannot lie extrapolated In make industry-wide estimates.
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Inspections responding to complaints generally examine only the work area of concent lo the complainant and, therefore, the data generally do no! represent the facility-wide exposure situation, finally, reports are available on industries in only 34 states, because the cither slates have been authorized by OSi IA to conduct their own inspections
The Consumer Product Safety
Commission (CPSC) required the manufacturers of specified consumer produc ts to submit certain information about how asbestos is used in those products under a Genera! Order on December 22,1980 [45 FU 64304). The Agency is examining the submitted data whore 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 lo EPA if it was already reported to CPSC without objection to CPSC's sharing Iho data. However, the data from this General Order does nol fully substitute for this rule because the Agency is interested in subjects beyond what CPSC asked, such as employee exposure and plant-site emissions.
Agency contractors have encountered. great deal of difficulty in performing Iheii assessments with information that is available. A principal problem is lhai aggregate information about broad product categories is all 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 or 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 Tound that companies are reluctant lo disclose confidential business information. Agency stuff have intervened by officially requesting needed information; however, very little data has been submitted as a result.
B, Umis of Collected Information
The section 8(a) data will be used [or analyses in the TSCA regulatory investigation and will be useful to other EPA offices Bnd other Federal agencies, in preparation for obtaining these data,
the Agency has developed plans to automate the information in a manner that will maximize the utility of thu information to the Agency, other Federal agencies, and the public. A full description of how 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 TbCA iovestigaiion, 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 produni
subcaiegory. 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 the 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 genera! category of work and ihoir 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 genera! population mid associated exposure levels will be computed using recognized techniques lo 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 opera! ions, the size of their workforce, und exposures to the general population. Primary and secondary processors will report the kinds and quantities of asbestos-containing waste they gcnerulo. which will permit analysis of possible fiber release into the atmosphere from waste sites. Importers will report the types of asbestoscontaining materials that currently enter the U.S customs territory. The Agency will relate production reports by secondary processors aod importers with existing dula to estimate the kinds of populations that may be exposed during tire installation, use. removal, und disposal of the end-product.
Tiris 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 lo appropriate dosevespor.se 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 ure thu primary societal costs that can be quantified. The assessments for each category will be considered ns a whole, both to determine the overall extent of
risk presented by asbestos and to attribute to each category or subcaiegory their portion of the total risk. As already stated, the Agency will
concentrate its further efforts on products that appear to pojo tbn greatest potential for human exposure.
The risk assessment may show that the total risk is so smell that no further consideration is warranted. Allernalivcly, il may identify a particularly hazardous, apparently unnecessary situation that the Agency
may wan! lo investigate further. If the latter is the case, the Agency would examine the particular situation to find if there is a way lo reduce the 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
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 been 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 I960, where a great deal of information wus presented. A record of the workshop can be found in the EPA publication "Proceedings of the National Workshop on Substitutes for Asbestos". EPA-560/3-00-001. 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 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 market 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 lucremental change that could result
from various regulatory options. The
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principal economic measure* that will be determined from dais obtained through this rule are the value of. production, the importance of the asbestos activity to the toMTValue produced at the reported sites, the number of employees, the relative value
of imports to exports, and the relative value of production to the Gross National Product. These measures will illustrate the monetary importance of the product to the plant site, to the company, to the total asbestos market, to I he- 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 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 tolal production at the plant site. Secondary processors will report the production of end products in which they incorporate the usbestos material and the purpose of including that material in the product. Both types of processors wilt report the
total number of employees at the plant site as well as the number of production employees making subcatcgories of end
products. With this detailed information, the Agency will be able to predict the future value of production and to establish what might be the economic effects of regulation.
Where the Agency finds that regulatory proceedings arc appropriate, 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 RO. 12291. Thus, a complete data hase 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 public health and by removing a cloud of uncertainly over other uses of asbestos.
The primary purpose of gathering these data is to support the TSCA investigation. However, as noted earlier, other SPA offices and Federal agencies may also utilize the data base in any studies that involve the commercial and industrial uses of asbestos. EPA's Office of Air Qualify Planning and Standards (OAQPS) is reviewing the Asbestos National Emission Standard for
Hazardous Atr Pollutants (NKSHAP). Data from this rule that characterize and quantify emissions from stationary sources, the current economics of the
industry, and Us 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 anrl 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. Tire Consumer Product Safety Commission (CPSC) Is examining consumer products to determine what products may pose a chronic hazard to consumers, F,PA has coordinated the data requirements of this rule with CPSC to eliminate duplication and to ensure that tho
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 rale throughout its development, because a
currant listing of companies, products, numbers of employees, and exposure levels would be very useful in reviews of the asbestos'workploce exposure standards.
til What to Report
EPA has developed two forms which
ore 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 1979 1981 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 ail applicable sections of the
Primary Form, and will report all asbestos importation and processing activities in the first reporting phase. In addition, the Primary Form contains separate sections to be completed in a second reporting phase by a sample of persons who are only secondary
processors and importers of asbestoscontaining products. Persons from those segments who are selected to complete tho Primary Form during the sample survey will complete the applicable sections (see discussion below in unit Vi "Reporting Procedures").
EPA Form 7719-37, "Secondary Processing and Importation of Asbestos Mixtures," (hereafter referred to as the "Secondary Form"), is a short survey form which requires identification of asbestos mixtures or components, the amounts consumed or imported in 1981, und 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 tho Secondary Forms will show the breadth of (he secondary processor population und the variety of asbestos-containing products that are presently manufactured or imported. Finally, the reports of the quantities of asbestos
mixtures that were consumed or imported in 1981 will permit EPA to gauge the present levels of processing end 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 wifi support determinations of the availability of substitutes.
TV. Who Reports
This rule defines who must report and whHt to report according lo the industrial activity of the respondent during 1981. The Primary Form must be completed by all persons who mine, mill, import, or process bulk asbestos. The Secondary Form must be completed by secondary processors or persons who import asbestos mixtures or articles .
containing asbestos components. Some
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of theseffersons will be selected
products. For example, persons who
subsequently also to complete the
fabricate asbestos cement sheet by
Primary Form. This section will clarify
cutting the sheet to make an electrical
the meaning of some of these terms that switch board, or persons who make
are specific to this rule.
garments by cutting an asbestos textile,
Under this rule, a manufacturer is a
are secondary processors. A person who
person who mines or mills (produces)
fabricates asbestos cement sheet by
bulk asbestos or a person who imports
cutting it to a specific dimension for a
asbestos either as bulk asbestos or as
customer is a secondary processor. An
part of a product Persons who. in
automobile manufacturer is a secondary
addition to manufacturing, also process processor if he incorporates asbestos
their products will report as both
felt into an automobile as a hood
manufacturers and primary processors, insulation blanket or makes healing vent
us described below. This rule does not
dinks from asbestos paper. A paint
require reports by manufacturers or
formulator is a secondary processor ir
processors of products which contain
he purchases a paint that contains
asbestos as a contaminant or an
asbestos and reformulates the paint by
impurity, While the Agency is concerned adding some agent to give the paint
about the health risk posed by fibrous
special properties for specific
minerals in many ores or other products, applications. A complete list of
this subject is not within the scope of
categories of asbestos-starting materials
the present rule.
and products may be found in EPA
TSCA defines a processor, in part, as Forms 7710-36 and 7710-37. -
a person who prepares a chemical
Those who import an asbestos
substance of mixture, after its
mixture or an article containing an
manufacture, for distribution in
asbestos components) are required to
commerce. This rule classifies
identify themselves and the asbestos
processors into two groups according to components) of the Imported product.
their starting material. "Primary
By this requirement, EPA is attempting
processors of asbestos" are those whose to determine what asbestos-containing
starting material is bulk asbestos.
products are being distributed to
"Secondary processors of asbestos" are consumers and to industry. This will
those whose starting materials are
enable the Agency fo estimate the total
asbestos mixtures.
' health risk posed by asbestos, including
A primary processor starts with bulk the risk from imported products. The
asbestos and makes a mixture that
Agency recognizes that there is a large
contains asbestos fiber. A primary
universe of asbestos-containing
processor may simply mix or repackage products that are imported, and that
different types or sizes of fiber and then some importers may not know that
sell that product. Such mixing or
discrete components of imported
repackaging of fibers is considered
merchandise contain usbeslos. To ease
primary processing of bulk asbestos for the burden on companies that import a
tbe purpose of this rule. Asbestos
number of products that may contain
mixtures are products to which asbestos, asbestos, this rule requires importers to
fiber has been intentionally added and
provide information relating only lo the
which can be used or processed further products listed in tire reporting forms.
and incorporated into other products.
Therefore, in some cases, EPA Will not
For example, asbestos cement, asbestos leurn of or obtain data on all imports
paper, and asbestos-reinforced plastics that contain asbestos. However, the lists
are asbestos mixtures. In some canes, a of products are very comprehensive and
primary processor further processes the EPA expects to obtain information on
asbestos mixtures. If so, the person is
most imports that contain Rsbestos.
also a secondary processor. Fur
Some products, such as automobiles, are
instance, asbestos paper can be further deliberately omitted because the
processed to incorporate it into an
Agency can otherwise obtain neoessury
article, or asbestos-reinforced plastics
information. Importers should note that
can be further processed to make vinyl- under this rule, they are not required to
asbestos floor tile. Under this regulation, conduct extensive research or to contact
persons who are involved in both
the foreign manufacturer to learn this
primary and secondary processing
information. Thus, under the rule,
activities at the reported plant site musf importers are required to report to the
report both types of activities on the
extent that this information is in their
Primary Form, Only persons who are
possession.
solely secondary processors at the
This rule requires reporting by
reported plant site report as secondary manufacturers (including importers) and
processors.
processors of asbestos mixtures. Section
"Secondary processors" are those
8(a) states that reporting by
who start with asbestos mixtures and
manufacturers or processors of mixtures
incorporate them into their own
should be required only when the
Administrator determines '.hut it is "necessary for the effective
enforcement" of TSCA. Those who manufacture or process asbestos mixtures are also necessarily processors ot asbestos, the chemical substance. Therefore, tbe "effective enforcement" finding is not needed Nevertheless, Ihn characterization of these products and
processing activities is essential to the. asbestos investigation and to tire exact that such persons can be regarded us manufacturers or processors oT mixtures, the Administrator Ends that it is necessary for the effective enforcement of TSCA. For a more detailed discussion of this issue, set1 the preamble to tiro proposed rule at II) FR 1)204, which is hereby adopted.
V'. Exemptions From the Rule
The Agency is exempting carta ir, 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.
Ail companies employing 10 ctr fewer employees are exempted from the requirements of this rule. ERA estimates that over 40 percent o! 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 cun be found below in unit XIII, ' Regulatory Flexibility Act."
Certain secondary processors urn 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 eBbestos components is excluded if the motor is made elsewhere. Similarly, an automobile mdhufaeturer need not report the installation of prc-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 arc 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 categorise, it expects to complete accessary analyses with estimates and extrapolations of data reported by the persons who make theasbestos-containing products that are processed by Ihe excluded industries. For example, processors infrequently
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`True* prc-formed brake linings durt-`< '.xsembly wilh brake foundst/~>it> 1*3 H fis. in t),is cant;, report:; from nniivifauiuj.-.Tf of the preformed '1 J bninjjs will sufficiently quanta pruii-.u-tion of the fi-i-'V.,. material product c; :;,,lngoiies. Fxposure ''rarios for Ihe excluded industries r,-n bo quantified bv relating expected exposure <-o!s w!h lire quantities of products `hot are made. Therefore, reports from these excluded industries are not essential.
This rule else, exempts persons who repair articles, repackage asbestos mixtures without modification, or who engage in construction work. The
Agency proposes lo 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 tho case with other excluded industries, exposure scenarios for the construction end brake repair industries can be developed by relating expect exposure levels with production levels reported by product manufacturers.
Section 8(a) of TSCA does not apply to distributors of chemical substances or mixtures. Therefore, persons who are solely distributors, and do not manufacture, process, or import, are net 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 manufacture of chlorine, where some persons use asbestos ns e diaphragm to separate chlorine and caustic sude. 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 nut "processing" of asbestos.
VI. Reporting Procedures
Companies must repor t the activities of each plant site on an individual reporting form with one exception. That exception is that respondents have the option io report all of their company imports or exports on a single form. The form instructions explain further how this is to be done,
Miners, millers, primary processors, and importers of bulk asbestos must
submit all appropriate portions of the Primary Form within 00 days after the effective date of the final rule. If the
respondent's activities include "secondary processing" or importing of
iishr-slo-. mixtures or articles containing s.-dvbijs cumpouenis. ail such activities. Including th-w at other plant sites, must bn iepoj'icd ul the same time the person
reports as a miner, primary processor, or importer of bulk asbestos.
EPA will require reporting in a dilferent way for persons who are solely secondary processors or importers of usbuslos mixtures. Apparently there are many thousands of persons who are secondary processors or importers of asbestos-containing mixtures. ERA 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 witliin 60 days after the
effective date of the. rule. The Secondary Form reports will be used by EPA to improve the Agency's knowledge of ihe 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 tmd products being imparted.
Further reporting of the information on the primary form by some
respondents will be necessary lo develop more complete profiles and projections for regulatory analyses. The Secondary Form will not ask all respondents (estimated to comprise 6.750 reports! for the detailed information the EPA would like to consider in the risk and economic analyses. Instead, the Agency plana to have a representative sample of Secondary Form respondents report more detailed information. The Agency wants to account for 100 percent of iiiibcstos 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 tic-scribe secondary asbestos processing arid products. Rampling to decrease the number of processors required to submit additional detailed information will reduce tho overall burden of additional reporting substantially. In unit VIll, "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 sn at'i he strata will be defined by i1.' nr an appropriate subset of the following variables: reported asbestos starting material, reported asbestos end product, and the volume oi asbestos starting materia! annually consumed. Additionally, the population may be further stratified according to size (the amount of asbestos mixture processed or imported! mid geographic location, which witl ensure that any sample fully represents the whole population. The type of asbestos-starting materia) 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 ihe 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.* The Agency wilt stratify and sample respondents with the goal of minimizing the reporting burden as much as is practical. To extrapolate an estimate about a population from a sample survey requires obtaining reports from cnougii 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 mske an estimate of the same reliability about a stratum composed of a greater number of respondents. IJPA will use one or a combination of the variables listed in the preceding paragraph to stratify respondents for the sample survey. The Agency wilt select the stratifying vuriabie(s) which will result in the fewest number of respondents whiie stilt ensuring a reliable statistical sample.
The Secondary' Form respondents selected for more detailed reporting will he notified by certified letter. These persons will have 90 days to complete relevant portions of the Primary Form.
Some persons subject to reporting under this rule may be exempted from reporting certain information already
# Kinh, U Survey Sampling. New York: John W`luy. was.
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reported to f'.PA or CPSC. A company which has adequately reported data to I'.PA will not be required lo report the
same information again, and must write 'EPA' in place of the data on the form. Teisims who have already reported production or importation quantities to CPSC must still identify themselves and the names of their products to EPA ai.ri.niing lo the requirements of this
rit'e. 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 lo 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 bom a number of different lists supplied by industry associations. Government agencies, and industry information that is publicly available, tn addition, efforts will be made to publicize these reporting requirements widely, so that persons ns yet unknown to EPA will comply with these reporting requirements.
VI f. 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 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, MO 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 those 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 iva> r cv inlands to aggregate information abu,; production,
consumption, employment, and environmental release ih:d is reported for this rule. The Agency will primarily use aggregate data for analyses
necessary to support the TSCA section 6 regulatory investigation, those data aggregates and analyses will bt 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 ncmconfidential. Releasing discrete data could Jeopardize the aggregate data sets, because through subtraction of nonconfidenlial data from the aggregate it could be possible to ascertain specific confidential data.
As previously stated, EPA intends to 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
wilt require that an agency adopt certain security procedures before confidential information can be stored at that agency.
VIII. Changes From the Proposal
The filial 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 UBeful 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 proposed requirement lo keep lists of customers snd 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 the amount of requested information by requiring respondents to report production of subcategories of end products for only 3
years. The proposal would have required production data for 5 years
about specific mid product.v including trade names, and dnin for 1(1 years about the importai'iii or production ot bulk asbestos Data reported according to consistent siibeattuj.jries of products will provide sufficient detail for our analyses. The Agency believes that data for 3 years '.vill sufficiently describe the
current situation, os well os provide reliable averages for analyses. An additional change is that data on hulk asbestos fiber is required only for each type of mineral. Again, EPA 1b not requiring data about specific grades ol chrysotilc liber because the Agency's analyses do not need that level of detail.
The requirement to summarize workplace monitoring data is revised lo
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 lo 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 lo the number of
workers making (he end product that is reported. The final rule does not require respondents to estimate the number of hours that workers art; 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 lo 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 gPA'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 date.
EPA is including two provisions lo address special problems of importers. First, importers were concerned they would be unable to identify all imported
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courts tliHl contain csbv.xios and. Ihf-olure. would ntii fully comply with lltn ruh\ This ruin provides dial
impo;lias naud report inldriuuliyii lalalriH only to the types of producls hail'd mi the form, whine shuuii! cover
mosl such imports. Second. import in's assorted that the requireieent lo provide "reasonably ascertainable" information oi! (hr Primary Form during Ihp second phase of reporting could require ihetn to s'-ch information from foreign mare.Turlurers. possibly at considerable cosh The linal rule requires importers lo provide information "in their possession" during both phases of rcporling.
IX. Reporting Burden
in order to assess the clarily of Ihe lorm and to ensure that dale are reported in the most effective manner, Ihe Agency conducted a pre-test of the form through the Institute for Survey Research, Temple University. The respondents were members of the Aslx'stos information Association. This pre-test was quite valuable to ERA in improving the clarity and coherence of the form. In addition, ihe respondents estimated the cost of completing each section of the form. The final report by the Institute for Survey Research, "Design and Testing of Asbeslos Use Reporting Form", is part of Ihe public record for this rule. The pre-tust was not a statistically-based sample and only eight companies were asked lo participate. Therefore, the resultant cosi estimates could not be used directly to compute the reporting impacts of this rule. However, the pre-test results helped EPA arrive ul an impact estimate. A detailed description of the reporting burden estimates can be found in a report by Arthur Young 6 Company. "Economic lmpacl 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 EI'A report that is Available in the OPTS Reading Room. The documents ciled above may be acquired by writing or calling Ihe Industry Assistance Office at Ihe address and telephone number given at the beginning of this notice.
In unit XII of this preamble-- "Regulatory Flexibility Act"--EP.A calculates that 40 percent of the secondary processors will be small businesses and will be exempt front this rule, Therefore, in this section costs are calculated for 5,305 secondary processors, while we estimate there may i>e a total of 8,974 secondary processors
if.!'.,,ill businesses are counted. (These osluv.ut'V are derived from a iurnuila iir..,i hi 1970 by the Asbestos Information Association, which is described in ih.e "Reports Impact Analysis.") In addition. EPA calnilaboris exclude primary processors
who are known to be small businesses. However, the Agency does not calculate Ihe cosi 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 smali 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 will be completed by miners, millers, primary processors of asbestos, and importers of bulk asbestos in a first reporting phase. EPA estimates ihal for ibis group of respondenls, 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 uslteslos 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 u cost of $120 per form. The Agency anticipates receiving 5,750 such reports. Therefore, the Secondary Form reporting would require a tola! of
23.000 hours, and would cost approximately $090,000.
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 $1,100,000.
Based on these cost estimates, and assuming a small business exclusion. EPA estimates the total cost of reporting Tor 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 tho 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 impiwl analysis was not possible for the other industry segments affected by this rule due to unavailability of data. EPA did compare ihe average value of shipments for four digit SIC codes for primary processors nnd other SIC codes likely to contain
nsbestos secondary processors. This comparison suggested no significant tiilTerence between primary processors and other industry segments in the sizi' ranges of 10-19 employees and 20-4!) employees. These size categories are the smallest cstoblishmenls likely lo be impacted by this proposed rule am! the ones most likely lo experience adverse effects. On this basis, EPA feels fh.i! Ihe potential imparts on secondary processors and others in Ihe asbestos industry will be of a similar small mugnilude as the impacts estimated for Ihe primury 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|n) Rule Reporting Commercial and Industrial Uses of Asbestos," Arthur Young 8 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 of sample survey participants for Phase 2 reporting (see unit VII of this preamble and 763.71(c) of ihe rule) will take place within three years after the effective date of the rule. If EPA determines that any requirements of this rule should be continued, a notice to that effect will be published for comment.
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, along with a complete indent, is available for .inspection in the OPTS reading room, K107, from 8:00 a.m. to 4:00 p.in. 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 of January 28,1981, (46 FR 82001.
2. Comments received in response to the proposed rule, including any comments received from the Office of Management and Budget during Paperwork Reduction Act of 1980 review.
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3. "Commercial and Industrial Use of Asbestos Fibers; Advance Notice pi Proposed Rulemaking," published in the Federal Register of October 17,1979 (44 FR 60061).
4. ''Commercial and industrial Use of Asbestos Fibers. Extension oi Comment Period and Announcement of Additional Control Option." published in the Federal Register of December 17, 1979 (45 FR 18374).
5. Comments received In response.in the Advance Notice of Purposed Rulemaking and the Notice of Proposed Rulemaking.
G, Reports Impact Analysis of this rulemuking.
7. "Statistics lor Companies' with 10 or Fewer Employees" memorandum, from Chemical Information Reporting branch, October 30,1980.
8. "Design and Testing of Asbestos Use Reporting Form," Institute for Survey Research, Temple University. Philadelphia, PA., June 30.10(30.
9. "Economic Impact Analysis for the TSCA Section 8(a) Rule, Reporting Commercial and Industrial Uses of Asbestos", Arthur Young & Company, Washington, D.C., October. 1930.
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 persons outside the Agency pertaining to the development of this rale. (This does not include any inter- or intra-agency memoranda unless specifically noted in the index of tbe rulemaking record)
13. "Public Comments on the Proposed TSCA Section 3[a) Asbestos Reporting Rule,"
XII. Regulatory Assessment Requirements
This rule fully complies with the following regulatory assessment requirements.
A. Executive Order 1.2291
Under Executive Order 12291, EPA must judge whether a regulation is "Major" end, therefore, subject to the requirement of a Regulatory Impact Analysis. EPA has determined that this regulation is not Major because it does not have an effect of $100 million or more on the economy and it will not affect competition, employment, or production costs. EPA estimates llic total cost of this one-lime reporting requirement is $2.0 million. This regulation was submitted to the Office of Management and Budget (OMB) for
review as required by Executive Order
12291. Any comments from OMB to EPA and EPA response to those comments
will be available for public inspection in tbe record for this rulemaking.
B. Regulatory Flexibility Am
The Agency has included several provisions in this rule to minimize both its over.ill 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 thal it will reduce the overall potential cost of the rule by $1.1 million. FJ'A is also excluding from any reporting Iwo large segments of processors thal arc
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 prelest 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 Iho median cost to any single respondent submitting tbe 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 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 530 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 far full reporting. In phase one, secondary processors will submit a short, one-page form that EPA estimates will take at most four hours ($120) 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 Bnrvny means thal only & of all i-espondents 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 will) the Regulatory Flexibility Act (Pub.
L. 96-354), EPA has determined that this
rule will not have a significant economic impact on a substantial number of small
entities. As required, EPA bus consulted with die Office of Advocacy. Small Business Administration.
C. Paperwork Reduction Act of 1980
As just described, the Agency has made every effort to minimize the .imnunt of required information and the burden on respondents to tbe rule. 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 rule 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 (hit specific uses that are planned for the required data elements. In addition, the Agency coordinated these information requirements with other Federal agencies to maximize tbe usefulness or reported duta. Tbe information to be reported docs 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 informution contained in the reports.
Information collection requirements contuined 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 boon assigned OMB control number 2000-0478.
List of Subjects in 40 CFR Part 763
Env iron men tui protection, Hazardous materials. Recordkeeping and reporting requirements, Asbestos.
Dated: July 23,19R2. Anne M. Gorsuch, Ailminhitrolnr.
PART 763--ASBESTOS
Therefore, 40 CFR Part 783 is amended by adding a new Subpart D to iPad as follows:
Subpart A-C--(Reserved]
Subpart D--Reporting Commercial and Industrial Uses of Asbestos
Sm.. 7G3.6G Scope snd compliance. 763 63 Definitions.
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33207
763-05 Who roust report, 703.71 Snhuriuie for 'I'j.'i<i-fi t 70::.74 l,onfidenlinl business information. '0370 Reporting commercial ami Industrie!
use of asbestos. 703.77 Reporting secondary processing and
importation of asbestos mixtures. '/t;:i.78 Sunset provision.
Authority: Sec. ft{n) Toxic Substances Control Act (TSCA). Pub. L 94-46.4, 90 Slut. 2(>:'.s). (15 U.S.C. 2607(c))
Subpart D--Repotting Commercial and Industrial Uses of Asbestos
<v 763.60 Scope and compliance.
(a) Tiiis ride 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, arid exposure information. Importers of mixtures and articles containing asbestos and processors of asbestos mixtures wili 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.
(b) Subsection 15(3) of TSCA makes il unlawful for any person to fail or refuse to submit information required under this rule. Section 18 provides that a violation of section 15 renders a person liable to the United States for a civil penalty and possible criminal prosecution. Under section 17. the district courts of the United States have jurisdiction to restrain any violation of section 15.
763.63 Definitions.
The definitions in unction 3 of TSCA und the following definitions apply for this rule:
(a) "Asbestos" means the asbestSform varieties of: chiysoiile (serpentine): crcicidolile (rielieckite); amosite (cummingtonite-grunr.ritn): nntluiphyliite; tremulite; and uctinolitu.
(bj "Asbestos mixture" means a mixture which contains bulk asbestos or another asbestos mixture ns an intentional component. An asbestos mixture may be either amorphous or a sheet, cloth fabric, or other structure. This term does not include mixtures which contain asbestos as a contaminant or impuriiy.
(c) The term "bulk asbesios" moans any quantity of asbestoB fiber of any typo or grade, or combination of types or glades, that is mined or milled with the purpose of obtaining asbestos. This term does not include asbestos that is
produced or processed as u 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 (lie 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. (2) The importer of record. (3) The actual owner If an actual owner's declaration and superseding bond has been filed in accordance with 19 CFR 141.20. (4) Hie transferee, if the righl to draw merchandise in a bonded warehouse has been transferred in accordance with Subpurt C of 19 CFR Part 144. For the purpose of tilts definition, the customs
territory of the U.S. consists of the 50 stales, 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 ohluining an immediate or eventual commercial advantage for the manufacturer and includes, among other things, such "manufacture" of any amount cf 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 end development, or as an intermediate. "Manufacture for commercial purposes" also applies to substances that arc produced coincidentally during the manufacture, processing, use. or
disposed of another eubstBnce or mixture, including both byproducts and coproducts that are separated from that other substance or mixture, and impurities that remain in that substance or mixture. Byproducts and impurities may not in themselves have commercial
value. They are nonetheless produced for the purpose of obtaining a commercial advantage since they are part of the manufacture of a chemical product for a commercial purpose.
(h) "Miner of Hsbestos" ts a person who produces asbestos by mining or extracting asbeBtos-containing ore so
that it may. be further milled to produce bulk asbestos for distribution in
commerce, and includes persons who conduct milling operations to produce
bulk asbestos by processing asbestoscontaining ore. Milling involves tbe separation of the fibers from the ore, grading and sorting the fibers, or
fiberizing crude asbestos ore. To mine or mill is to "manufacture" for commercial purposes under TSCA.
(i) "Person" means any natural person, firm, company, corporation, joint venture, partnership, sole proprietorship, association, or any other business entity, any State or political subdivision thereof, any municipality, any interstate body, and any department, agency, or instrumentality of the Federal Government.
(j) "Primary processor of asbestos" is a 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 asbesios" is a person who processes for commercial purposes an asbestos mixture.
(m) "Site" means a contiguous property unit. Property divided only by a public right-of-way shall be considered one site. There may be more lhan one manufacturing plant on h single site.
In) "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.
$ 783.6S Wlurtnust report
(a) Persons who were miners or primary processors of asbesios, or importers of bulk asbestos in 1981 must complete end submit a separate EPA Form 7710-36, Reporting Commercial and Industrial Use of Asbestos (see 5 763.76). 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" for the same shipment, the principal tr. the transaction, not hlR agent or agents, shall report.
(b) Persons who were secondary processors of asbestos in 1981 must complete and submit Parts I and II of EPA Form 7710-37, Reporting Secondary
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Processing and Importation of Asbestos Mixtures (see 5 763.77), for each site or activity, according to the schedule'in 5 783.71.
(c) Persons who were importers in 1981 of asbestos mixtures or articles
containing asbestos components must complete and submit Parts I and Ilf of EPA Form 7710-37, Reporting Secondary Processing and Importation of Asbestos Mixtures, according to the schedule in 8 763.71. When two or more persons meet the definition of "importer" for the same shipment, the principal in the transaction, not bis agenl(s). shell report.
(d) Secondary processors of asbestos and importers or 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 tbe schedule in S 763.71(c), if selected for further reporting as described in 763.71(c).
(e) Particular information required on EPA Form 7710-30 which has been previously submitted to the Consumer Product Safety Commission (CPSC) in accordance with a general order dated Den. 22,1980 (45 FR 84384), may be referenced in ibe appropriate place on the form and need not be submitted unless the respondent has informed tha CPSC of his objection to uny sharing of the data with EPA, Information for 1981 which was not required by CPSC must be reported on the EPA forms.
If) The following persons art) not
58subject to 703.65 and 703.71.
(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 ant small manufacturers, processors, or importers. bs defined in 5 763.63fn).
5 763.71 Schedule for reporting.
(a) Al! miners, primary processors, end importers of bulk asbestos subject
to reporting under 5 763.65(a) shall submit required data on EPA Form 7710 36 within 90 days after the effective date of this rule
(b) AU secondary processors and imporlerB subject to reporting under
8 763.65 (b) and (c) shall submit required data on KPA Form 7710-37 within 60 days after the effective date of this rule.
(c) All persons subject to paragraph
(b) of this section who are selected for additional reporting shall submit required data on EPA Form 7710-36 wilhin 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 stntisliciuns will review reports on EPA Form 7710-37 and determine the optima) method to stratify respondents according to the composition of the respondent population. The strata will be defined by all or an appropriate subset of the
following variables: the end product; the asbestos mixlure that is the starting material in the end product: the volume of (he 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 in lends 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 al! of the respondents in that group may be required to complete EPA Form 7710 30. A standard random selection technique wifi be employed to select persons who will be required to
complete and submit EPA Form 7710-36. Notification shall be sent by certified letter, siggied by the Office Director, Office of Toxic Substances, and will have attached copies of this rule, and EPA Form 7710-36. Letters of notification will be sent by EPA no later
than three years after the cfioctive date of this rule.
Id) EPA Form 7710-36 and EPA Form 7710-37 can be obtained by writing or telephoning;
luilusuy Assistant Office, Office of Pesticides mid Toxic Substances (TS-799). ViY.ttlungUm. D.C. 20460, Toil free: |800124-9065). Jr. Washington call: (554-1404).
(e) Completed forms must be mailed to: U.S. Environmental Protection Agency. Post Office Box 2070, Rockville, MD. 20652.
5 763.74 Confidential business information.
(a) Any person submitting a document under this rule may assert a business confidentiality claim covering all or pari of the submitted material unless otherwise instructed on the reporting form. EPA will disclose information covered by a claim only as provided in pi occdures set forth in 40 CFR Part 2.
(b) Certification for a claim made on any item reported under 5 763.05 must be made by signing the certification statement as specified in the forms.
(c) If no certified claim accompanies e 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.
5 763.76 Reporting commercial and industrial uses of asbestos.
The following EPA Form 7710-36. Reporting Commercial and Industrial Uses of Asbestos, will be completed and submitted to EPA as required in 58 763.65 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 <m this form to the extent that ii is in the possession of the respondent.
(a) EPA Form 7710-36 (5-HO). [insert form)
}b| (ReserveO|
EiLLIHa CODE SMO-SO-K
FMSl 02697
Federal Register / Vol. 4'.', Nu. tl- / Frith
30, / R-.'lfs and Reflations.
OM.SNi J/OO ><'
I i /j-v '*0 'MS
33209
FMSI 02698
33210
S'edeiai Register j Vuj. 4/, ,'4o. 14V / Friday. j'iiy iff, ia<2 i ifules anti Regulation*
FMSI02699
T
Federal Register / Vo) 47. Nn. 147 / Friday. Julv 30,1982 / Rules and Regulations
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REPORT OF COMMERCIAL AND INDUSTRIALORES OF ASBESTOS
rOMWHV 7IAMT ANT> *oaW!B
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termoe* ol rmpinvee*
<lt TOTAL number ol employees at ptant site fSuin of 2. 3. 4. an 121 Number ol production employee*..... ............................ . (3t WtMTrber ol employees in shipping, receiving. antf moving . <1 NtimJrcr of maintenance employees....................................
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1. MEASURING ASBESTOS EMISSIONS OR HK8 RELEASE
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FMSI 02700
F^detal Register / Voi. 47, N(\ 147 / FHU;>\ f . fv ao, 1W2 / R';.li' nnd Rnqolntion*
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FMSI 02701
Federal Register / Vnl.
wiUHiww--
miniumm u
17, No. 147 / .Maf,MMntUWiaMJMWM
Fritlny.
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1082
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33213
tns'rm }JooKii!\--Reporting Oviu'ie.uni ami Industrial Uses of Asbestos, El7 A form 7 7 .Hi Mi
i !':tiurfian wui Ri.pO'tiu^ St:f;r;J:n\`
A. Jiitt i.tii.u lron
t iv->.i' instructions art: for ronxp.m'mfi :u; tt- nmi/or mil1 .ornnierriul asbcntoa. t>v ;mnT.sN w import an asbestos product. old
mpnix-d touubrnit EPA Korin 77*iO-:i iiMirt W CFR Par! 7ti3. Subpart U, Uahi must in? reported to tbo e.xton! that tliey air known U* ir rtMsimairijf nscert unable by l!u; suimulU i- bused on factual inJunruiliun thnt failin' is available in romp.my files. or can he ohluinwt without unreasonable burden or uksI. Importers must report infmmahon in their possesion, but mu ri not contact Foreign
miinuUmiurevM Ini rnissinj.'. information. i. f'iV m off blocks. Kill in all blocks in ike
portions of the form Uvd must he completed. Wr.tr ' N/A'( Inol uppikabkl in large, hold h-Uers mi the fart line ol miy section that dons not have to be completed.
If data for y portion of the farm that must * bo completed urn not avoiiabte. consul! par! II of these fasti iicliona. "Missing lHfann.ilion,,`
KPA will check all forms lor r.oir.-itetemrss. faeompfate forms may be relumed lor liompiolitm. If only a few items are incomplete. EPA may rail the designated Toehioeal Contact to detain.inr the ooneci miRwer rather Uimi return tin? farm.
2 R' hvant Dufiiiilion:*. Reporting requirements are determined by the company's asbestos activity in 1981 (m?.. miner avid/or miller, importer of bulk Hshrstos; primary processor of a;,bosfos. .souMKinry processor ol uhIicsIor, Importer of usbeslofi mixtures, or importer of articlas contammg asbestos component). DcfinitioRF Tor roportrng actfaitiof? and other terms used n this form may bp brand in Appendix A.
3 Appropriate Number of Forma. A separata form must be submitted for each
t or example, a mhmr end/or miller et one silo who is a primary processor at a
different situ must submit o form for ach site.
All ur.bostoR ar.livitios conducted al each site must be reported. A primary processor who also imports asbestos at a single site musl report both {hi* primary processing and importing activities on the same form.
4. Additional Space. Jf additional space is needed to report a!) rdqturod information. tenivonr.es r.an be entered on a wpioiiwdfcn of the pertinent portion nf (hr form end the continuation should bn noted on that pact of the form.
Et. Portions of dm Fo ni To Complete and Reporting Schedule
t. Miners and/or Milters, Miners and/or millers must complete parts A. fcJ( 11, G, H. I,). ami K of die form. Complete Btf) d applicable. Report for each plant site on k separate EPA Form 7710-36 and submit within BO days of ihe effective date of the rule.
1. Primary Processors of Asbestos. Primary processors mast complete parls A. C, G, H, 1. j. and K of the form. Complete B[3) if applicable. If a facility processes an asbestos
ni\!i..:v. '.bat 1;; mart*: at a (tilte'eu; pi.iv' M.e. |M'-f U must also be completed. KepoW for cacb plant situ on a -.t:p<ireie EPA Km^> 7710-
;m within W) days of the effective dale ol the i'ui:?.
?i. Secondary P>m:e:?sors of Asbestos. Persons who arc solely 8iH:ondery piVK^fsurs
mnst submit EPA Form 7710-37, "Reporting bucondiiry Processing and Jmporlation of Asl^istos MixturRs" within 60 days of die effective date of the rule. If the company is
sdccicd and notified by ceniftod letter to complete EPA Form 7710-36, complete parts A, D, G, I I. 1, j., and K of the form for submission within 90 days of receiving
notification. 4. Importers of Bulk Asbestos. Importers of
Hulk Asbestos must complete a! teo.il purls A anil 0(2) of the form. Complete B|3) if
applicable. Report all activities that involve 'isbustoA on EPA Form 7710-36 within 90 days of the effective date of the rule.
f>. Importers ofAsbestos Mixtures.
lippurtm' of Asbestos Matures must submit MPA Form *7710-37 "Reporting Secondary Pocc:-;sing ami Importation of Asbestos
Mixtures." within 60 days of Ihe effective
(Into bf tin' rule. If the company is selected and notified by cerufied.lullnr lo coniplnlc FPA Form 7710-36, romplete parts A and K of llm form and suhmit within 90 days of receiving rolificntiwn.
6. Fmpin ters of Articlvlr.} Containing Asbestos Coinponcpt(r,}. Importers of
Arficlahd Containing Asbestos Compnner?He) must submit EPA Form 7710-37 "Reporting Secondary Processing and Importation of Asbestos Mixtures," wilhin 6(1 days of the
cffectivte date of the rule. If the company is
selected end notified by certified letter to complete EPA Form 7710-36. complete parts A and F of ttie form and submit wilhin 90
days of receiving notification.
//, Missing Information
h is important to fill hi ail blocks in the
portions of the farm that must be completed,
if the? required information either cannot or need not be provided, enter one of the notations described below. Write "N/A** (not applicable) In large bold letters on the first
line cf any section that is not required. Only
use 0" h report a quantity af /4ro.
Enter Ihn following notatirms if the
requested data are unknown, previously
submitted to EPA or CPSC, or submitted as n
corporate report
UNK--The wquested data are unknown
and oot reasonably ascertainable; or, not
in (he possession of the Importer. Hus
maybe the case For inibrniotion from a
specific year or eboot s specific, type of
data that is required.
CPSC--The requested data have been
previously reported to the Consumer
Product Safety Commission (CPSG) In
response to the December 27, I960
Kodural Register notice "Cnnsymer
Product Containing Asbestos; General
Order for Submission of InfonnaliBn,"
(43 FR 64364). Use this notation only for
the specific items of informalioc that
were submitted to CPSC. Du rtol use this
notation in lieu of reporting of
was
injitnicted not to share the submitted
information with EPA at the time of response to the CPSC General Order.
CORE--Th'2 lequuH'ed data Wave boer
submitted for sccoons 1(3) ami Uf.tj
(importa.tion ri Kpo:1.;Jii.v\). in u
corporate cnnsulidiitad reporl. Inform liu*
plant site niimugvMncnl tr.i.t a rorpi./.-'U-. con^obtlnled report has been submiUi;:}
unu instruct lhour plan!
io unici
"CORP" in enctinns 0(2) and R(7.)
ERA--The requosUKl data have already
b'*un submitted U> F.PA in the formid or
ilu: niporting form as proposed ur
promulgrilud.
Ifl Specific fnstmviivns for Form 77U)-:m
A(1). Rutipundimt ldenUfu.ation
1. Enter company name, and mime mid complete address of plant site.
2. Enter name, job tttl. and telephone
numbor of the principal technical contact person to br contacted by Ihu EPA for answers to any questions about tbn
submitted form. 3 Miners must record the tuinr
idcnt'ficaUon nitnib^i' assigned by the Mining Suloty anil I lual'h Adminislration.
A. Enter name and address of Hjo pmenl corpm aijon responsible for fiscal management of the reporting siUi.
5. Enter the total number of years asbestos has been munufacturtd or processed at (his plant site, through the date of this report.
A(2). Respondenl Activity
Review Um definitions in Appendix A of these hisirucUonx to ascertain required reporting nctivityfiesj. Check the appropriate
nclivityfies) that is performed at this site. Complete the portions of Ihe form listed next to the activities checked.
For example, a primary processor who
makes an asbestos mixture and then procnRses the asbestos mixture at the same trite to make a different end product should report the production of the final end product In part C. Only complete part 1) of the farm If the facility processes an asbestos mixture that is made elsewhere.
A(3J. Confidential Business Information
Any reported Information may be claimed us confidential business Information. When submitting the form, mark |X) in the space
provided on each line of the form that contains confidential information. Ariditiomilly. an authorized company official must sign the "Certification for Claims of
GonfidentiuHty" to certify that ihn tour statements on the form apply lo alf inforojutioit claimed aa confidential.
B(J 1 Production of Bulk Asbestos
Enter, in short tons, the amount of bulk asbestos produced (mined or milled). n 1979. I960, and 1981.
B(2). Importation ol Bulk Asbestos
Entar, in short Ions, the amount of hulk asbestos Imported in 1979,1P80. and 1081, Report alt imports entering the U.S. Customs territory that are dedumd under Tariff Schedule of the United Status, Annotated (TSUSA) Number 518.1110-618.1180. Murk in the appropriate box the source of this information.
FIWSI 02702
33214
Fedeia! Register / Vol. 47, No. 147 / Friday, July 30, 1982 / Ruins and Regulations
witwiMwniimiw
iin>iiiiiiwiiimiwwwni nurinnniiwrwiin
B[:>). Exportation of Bull Asbestos-
Enter, In short tons, the amount of bulk
abestos exported in 1978,1080, and 1881, Mark in the appropriate box the source of this information.
C. Primary Processor Production
Individually list the product subi-ategories
made and shipped from Ihe plant site in 1979,
fOttO, and 1981 that incorporate bulk uhnstos
us n starting material. Read inslruitlinns for
items 1, 2. and 3 before completing this
section lo ensure sufficient space for entries.
(1) End Product Shipped. Locate on the list
of "Asbestos Mixture Product Subcu iegories"
the most specific name that describes the end
producl(s) shipped from the plant site. Enter
the corresponding code number for each
product subcalegory being reported. If Ihe
listed product subcetegory nume Is nut
adequately descriptive, write in a generic
name next to the cede number. If the product
is not listed, write in the appropriate code for
"other" ond 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 subcategory.
(2) Type ofAsbestos Fiber Consumed
Mark (X) the filter type(s) that Is, or has been,
used in production of reported product
subcalegory. Use one block for each fiber
type incorporated into each product
Subcategory. If more than one type of fiber(s)
is used tor a proiiuct, mark IX] the additional
fiber in the next block and mark (X] the
continuation box tn column 1. Do not list the
seme product subcalegory twice.
(3) Quantity ofAsbestos Consumed. For
each type of asbestos, enter, in short tons,
quantity consumed in 1079,1980, and 1981.
(4) Total Anneal Production. Record the
total annua) production quantity of each
reported product subcetegory 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
ere not applicable, report production in short
tons.
(5) Value Shipped. Record the total annual
value shipped (tn thousands of U.S. dollars)
for each reported product subnategory in
1979,1980, and 1981. These figures must be
separated to show domestic sales end export
sales [j.e-, sutes distributed outside the U.S.
Customs Territory). If the bruukdnwu is
unknown, report total sates as "Domestic"
sales, and write "UNK" under "Exports."
Tbe valuation of products shipped should
be based on the net selling value, f.o.b. plant,
after discounts end 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 lo the transferred
products. Include all direct costs of
production anil e reasonable proportion of all
cl her costs and profits.
(6) Percentage of Total Value Shipped.
Estimate the percentage of end products
shipped ihe! reflect primary processing of
ashes toB in 1081.
D. Secondary Processor Production
Individually list the product subcatagoriet made and shipped from the pliml site In 1979,
1990, and 'Ei-ifii that tnco'*poraied an asbestos mixture ns a starting material. Read the instructions for Hams 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 Mode from Asbestos Mixtures" the most specific subcalegory 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 e generic name for the product. Do nqt enter a trade name as a generic name. Do not report anything more specific than a
product subcategory. (2) Total AnnualProduction (Quantity by
Census Unit ofMeasure). Record the total production of tbe reported product subcategory at this plant site in 1979,198a 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 Consumed and Form.
Locate and enter from the list of "Asbestos Mixture Product Subcategories" the code
number of the asbestos mixture processed to produce the product subcategory. If (he 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 tbe asbestos starting material is purchased (eg.. roll of paper, 3'x6' sheets, reams of 8"xll"
sheaIs). Use one block for each asbestos mixture
incorporated into the product subcategory. If there is mure than one asbestos mixture per product subcategory, fist the m)xture(s) in the next block(s) and mark (X) the continuation box in column 1. Do not list tho same product
subcategory twice. (4) Function of the 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) Annan! Consumption ofAsbestos
Mixtures. Record the total annual quantity and specify Census Bureau unit of measure and the total annual cost fin 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, he., the amount paid or payable after discounts and including freight and other direct charges incurred tn acquiring the materials. Charges Include purchases, transfers from other establishments of the company, and withdrawals from inventories.
Materials transferred to the plant site from other plants within the company should be assigned their full economic value, as assigned by the shipping plant, plus cost of freight and bundling charges.
(6) Percentage of Total Value Shipped.
Estimate tho percentage of end products shipped that reflect secondary processing of asbestos in 1981.
E. Importation oi Asbestos Mixtures
individually list Ihe asbestos mixtures imported to the plant site in 1979,198a and 1981. Head Ihe instructions fur items 1. 2. end 3 before conipieUiig this section lo ensure sufficient space for entries.
(1) Asbestos Mixture. t/xiate on the list of
"Asbestos Mixture Product Subcatcgurliri" tho must specific name Ihut describes the mixture imported. Enter the corresixv'dinq code numlicr of each product subcategory truing reported, tf the name of the product subcalegory is not adequately descriptive, write In s generic name next to the node number. If the Imported product subcalegory is not listed, enter the appropriate code for "other" and write in a generic name for the
produnl. List each product subcategory on a separate Une. Do not enter a trade nnme an a generic name. Do not report anything mure specific than a product subcategory.
(2) Asbestos Fiber Content Mark (X) Ihe type of asbestos fiber In tbe imported asbestos mixture and enter the total quantity of asbestos per unit of the mixture (the unit used to report quantity imported). The quuntity of asbestos should be reported in pounds. If these data are not available mark (X) "UNK."
Use one block for each type of fiber that is in die Imported mixture. If the mixture contains more than one type of asbestos fiber, list the additional fiber(e) tn the next htock(s) and note die continuation in column
1. Do not list tbe same mixture twice. (3) Total Amwa!Imports. Record tho total
annual quantity of each listed product subcategory imported in 1979,1960, and 1981.
Quantities will be expressed in the unils of measure used by ihe U.S. Bureau of the Census or uucording to die unit used to report importation lo tbe U.S. Customs Service.
Record the total annual vuluo imported (U.S. dollars) for each product in 1979,1980. and 1981. This figure can be drawn from Ihe U.S. Customs Service entry forms us the "Entered Value in U.S. Dollars" or "Value.1'
F. Importation of Articie(s) Containing Asbestos ComponentJnJ
individually list the articles containing an asbestos component that were Imported tn 1979, 1980, and 1981. Only report information relating lo Imporjpd product subcategories
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 codo(s) und generic immc(s) us reported on that form. Read the instructions for items 1,2. and 3 before completing this section to ensure sufficient spaco for entries-
11} Article Nome, itor.ale on the list of "Typical Terms for Product* Made from
Asbestos Mixtures" the most specific name that dasertbes 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 s separate line. If the Imported product is not listed, enter the uppropria to code number for "other" and write in a generic name. Do not enter a trade name as a generic name.
(2) Tali! Animal Imports. Record the total number of units that were imported in 1979.
FNlSl 02703
Federal Register / Vol. 47. No. 147 / Friiiay. July SO, I0it2 / Ruins nd Keenly lions
3U2JS
UNIT. ;i*;d 191)1. Quantities will he : rpaited m* tin* emit of moHKuro that wos used to dor.hmthe oimvhimdjflfi upon entry into Hu1 (!.S. *'v!' I>y the II.S. Bureau of Census for the i*>7? Cni.s:;h of Manuinrhimrs. Fnler the v.d'ir of ihe imported merchandise in U.S. dollars
T) Asht'af-os (j'ompniitUiiis). J.isl nil usbosbu- components mnluintfd in iho imporiud article 1 y name. or Iw doM nbmg {hr mixture making tip the component. Use h'ii1 block for each nisbo.shiK component. If the imported article contains more tli in one ;i:.brides eonipononl. list the component in Iho next block and note the continuation in column I. Do /tot list the Rm article twice.
C. Kmjdoyee.s
all Rmployttes as of january UWt into the; following categories, In items 2-5. COUN T KAOH KMPl.OYr.l' INI ONLY ON!-: OATKGORY. In Ibis seelbm. report numbers of individuals without regard to (ho number of Juror* worked.
(1) Total Number oj'Employee*. Knlur ihe total number of employees (tin: sum of iioms 2. H, 4, and I>) who worked nl Iho tepoiting plant site us of (amiaiy 1981. If you employed seasonal workers in 1981. add the number of Ihnsr workers to I be total.
(2) Number of Production Dmployre* Mo Iff Iho number of production employees who -work in areas where ASBKSTOS IS MANlMACTURKD OR i'ROU-SSKD. Do not include plant bile production (MT?rb)yt*.s 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 11. for all product lines.
{:.} Number of Shipping, Reveiviti#. ont/ Moving Employees. Killer the number of employees involved with shipping, receiving, or moving iisbestoH fiber or tishcsfos* containing products.
(4) Number of hivinlveunce Emvloyf'rs. Knler Hie number of minl<!imn<;r employees who perform maintenance tanks in work areas where asbestos fiber, asbestos products, or asbestos waste are processed, stored, or moved.
{5) Number of Other Employe*'*. Kotar the number of other employees at toe locution lhat are not counted In jieim 2-4.
H. Summary of Current Worker KxpuruueK
Report, by category of production workers, the arithmetic mean of the H-imur time weighted average (TWA) Rxpouurn level for all employees at the reporting site for whom a 'TWA has been determined. Appendix H describes how to perform the cab illations and includes worksheet.
SonimttriKG Only Existing Monitoring Data: Additional Monitoring fa Not Required
Submit a single TWA value (arithmetic sonant to summarize existing monitoring data lhat will describe cuitrji! exposure levels that employees In genera) production categories may experience while working on each production lino. Summarize and report monitoring data separately for workers nn the production line for each end product suboiitegory that has boon reported as either "Primary Processor Production" (purl C) nr "Secondary Processor Production*' (pari D}.
Miners and mfllerR. must provide u single
` cp.*. iii'- TWA. vv-.Ii:*: for the ;n!rf* iirici fV*r the mill.
5-u. iM1 h EnJ PtotJoci Sctjroti'guiy. cuter the number of workers who perform the production operation* listed hrttau. O'dy count employees who were counted as production workers in item 2 of port C ui the form. Ketch employee is to lx* eoimtad only
onu time, in the operation and product line that is the employee s primary assignment
After pMniping the H-hour '1W As. follow the
detailed instructions m Appendix B In find
the mi'un, stenri.ird do*, uition, number of nieuKureimuits. and ceiling ranges for each ruif!.
Nate.--The sum nt all production employees lifted in column 4 must equal the niimbei of priKUic.Tu>n empkiyees e;>h:red m ileni l of pin t IT
(l| EwiProihvt. Primary nr secondary procoHMii'K must enter the sum1.: code numlx*r|.s) and gencM-ic Mamefs! they listed it# part C or D of the form. Miners and/or nailers
tb not eomplpte this tiiook. .
(2) UusfHntduni Activity. Determine applM.idde category of aclivity.
(8} Prfniuetion Work CuUygory Divide production employees into the Iboductinn Wbik (julegories fur each-end pruduct subr-itlegory. Count mine workers undri' Mn\e
Opnrutiatis and mill workers under M:U OpcnrUt/it*.
Fii>t:r ltt(rodu<;1i<w Otwoln *ns arc* operations where bulk (raw) asbestos u, mixed with or uddeii in a oombinabon ol other materials. Primary processors will list employee*; who handle bulk ui raw aiwHto^ nUrr. Secondary pruiicssurs do not use bulk ntibmTiUS hk a ttlurtb1^ imperial.
Wot Opt'raiinnti ate ciKn alJons where a&betos tibvr. akbcslry mixtures, or iislinidOH-ucntaiiung materials are iaLw-bfd, imKliHixk or altered, and the asbestos lamiponenl is wetted ig reduce iho release of airborne asbestos fiber. This category includes such activities us: machining, sawing, drilling, cutting, grinding, or pulverizing. Count employees whexe principal fob is to control or work with the tool or machinery pntfurmtng tba opbr-doiv Count all asbofttoK texiilc workers involved with wot operations hwru. whether invo!voJ in spinning, twdstiny. or weaving operationN.
Dry Afqcftrjnica! Operations are where usbeslos ffbur. uubestoF mixture, or asbeiitoH>contHining rtnderials fubrfeat^d. modified, or idterud wifhmil ary intoiUiunul wetting of (he malercu during the operation This tnitegory includes activities svt:h ai. machining, rawing, drilling, rutting, gi'indiup or pulvorizbi**. Coonl einpioyeen whose principal job is \u conirot or wci'k with dn-
loot or machinery performing the operation
Count all asbustos textile workers in dry operations here, whether involved in spinning, twisting, or weaving operations.
Other Production Employees nre
production employees involved In npenriimis that require handling of ut.br-stos fiber or materials in a jaznr not covered in the operabans described tn the other cafpgorren.
This category will include* workers who perform an operation lhat involves handling nn asbestos mixture, such as bonding asbestos-felt-becking for vinyl sheet flooring
or injecting asbestos reinforced plastic into
ron'd. Cwutr pnaiuctiiw wotken- who ax? to be uoorlerl in tins calegof&r im-.iirde (but an* not to) ampb.M-uos win., uTk-j pro<.Iiu;|.
off a production line, asucmibb: parts. ovcM sne
drying o: fviiJing '>p`?:aiio<;s. nr in.spei.1.
weigh, or package asoeslos iirixtnres m u.riieruus eijnt.nniiig ;)u>du.;t>.
(4) Number of Employing, linlnr nexr to (he
uppmpikite job j'.iassilicabon the numbm ol nmpluyeeK working in jobs minting iht:
general ciesnripbcnx provided. Count
employees only one time and only under the
job rlescriplum that nest dGscritais their
primary dulirs.
(5| Arithmohi Mean of Dctuetebfe
MtHnuuvmenlM, f^CHte monitoring data for
any employees counted in column 4 and
group those monitoring data according la dir
employee's general job rJassificaMon.
Dulerminn the nridiRUbic mean cf those clolootithir TWA values for each work
cati*j;ory. Cidculnte the mean only to the
nearest ncu-hundrodth (e g., l>.05). Tbe
arithmeUc mom: is the sum of the lime*
weighted uvorages divided by the. numhei ui
time weighied nveragns. (See Appendix D for
instrui.lions and woikshuet for determining
the .iritlininfic mean ) If there are no
mcHjumjninnts for workers in a paiticular
wmk category, write in "No measurements.'
(0) Sttnuhrrl Deviation; KnU.-r the standard
deviation iVr each arithmetic mean you
calcubiu- in column tj. (See Apjiombx U for
iostructioi.'j and a worksboef lor delermininy
Ihr standard delation.)
(71 NotfttMsrof Mensvrcnnmls Used. Kot
each work category, enter the total number of
iioliu.i oljservtttujns (filters) used to
determine all of the employee's TW As in Mu?
ontpgory. This tnchidcs the number of all iton-
deteetnijie moasurovniMiU.
(8) Number of Nun-<ivlF>ci<ibh:
tvfeo&ummenia. Kia each work catagorv enter
the number of measurements lhat art4 below
delect able Icvcrts. (Non-deteclabln levels ma>
not be
than 0.1 f/co.)
(h| Ceiling Canam>mtian level. For ead
work category. crUc* Ihc range of ceiling
concentration levels thut were deiermine<t.
Provide the low and ],;gh measurements.
(10} Sampling t/nd Analyses Alethtxfti. If th*1
comptny used the NlOSlf mctliotloloRy tn Sfl.mplc! airborm* (.nncurTtralion?; if affbcMos
fibers <n the workplace and tn imulyzu
motfsm omenfs plifl-iW (NIOSH1 Pub. No. 70-
127[. r:h(`ck the corresponding box on the
form.
if the company used other uamptvng cud
analysis nmthods. enter the approprivlc
codes Ur; those melJuids listed in Ihc next
section of these instructions.
'The reporting com pimy haw (he option jo
describe in r? aUfU-umenl any .-uidiuonal
informatimi lhal will butter describe work
practices or other n>easures iuslitutcd to
tt?dtce the kjvuis of airborne fibril's or to
protect worker* from exposure in asbestos Attach any addibunwl materials h; ibis form
h! tin? timr? of bubmission.
(H) Rater the lowed deflectable level of the
mctisuremeflis the company expects to aitaiu
by (he sampling *nri aratysis methods. (Measurements below this level err.*
considered "nnn-dtfoetable** for ibe porpuwts
of this rule.)
FMSI 02704
TT
31216
Federal Register / Vnl, `17. No, 147 ; Friday, |nSy 30, 198?. / Rules and Regulations
THnni'irivi 'in 'i iii i iimn~rrt
miwiwrn ~ii
munmnniwaiunniii--iwwhiwmiiiiii iiiiimp*wi--iihi wiiiww--iuwwii
I. MFUucHng
Fmhjsuvns or Fiber
(11 P a hu:t i.'.nr. Tali.r the- prodm.t
Release
ftubcabrgoiy code (aud p,*mtrU: name if used?
If flu! plr.it sib* has itppHed lor a wafer
oiRnent discharge penrib (NPt)RS Permit), provide the ;i*vi!ii:alion flute and the permit number that was assigned.
for each one! pnxiir.t subeniagory rofiorled in pnrP; B|i). C. or 0, Miners mul/or millers m od only list the ly?m o/'mdk HsbnsroB fiber r*!pnct(l In section B(1t. Jf mjablc to
anil rcpnrl separately lilts
drtPimirte wastes by end product
results ol any measurements or hvmtlonng
MdiGatuRory, report ac.r.oriMng to the Form of
performed to determinr. the amount of
tin- waste fsee below); enter the numobd ami
ushoslos fiber released during (ho production, Ci`(infs) from parts C and !). Murk (X) in (he
i'. >r disposal of asbestos fiber nr ushoKto* appropriate bic to irulicak- tha! the data is
products Jollier (him already repeated in part I i of Ihis form) 11 attaching any such inhnmiiimi tei the, set-lion. ebook tbe'ves*' lm\ im (hv form M' noi, mark '*X" lor no
HoparaU! report, Whore possible. the* measurements should eliaractoriy.o the ly|w of fibers found and the fiber size distribution, and should hr reported uoeouimg (o the fallowing range*,,
Reports submit toil in i espouse h this section should describe Unr methodologies used lopoilurm (.i11v tests. fa guthei samples, anil So analyze samples. if ibis' info)motion has boon pi ev family submitted fa a Federal agency, do noi repo;i ag.lia here. hul indicate th: dab: cud t*> whom the: information was sent, and briiT'y describe the nature of (ha infornmikm. Where possible, s-urvuna'i/e the sampling and .imriylionl rutThodolofae.*; uceordiup to 'ha inna.-. and fa.fairy fat ions listed below.
ciiherari "Fnd Product KepoM" or a "Form of Waste Report "
f^.) Form of Wnsto. Record the form of the v .' ;te either after completion of the processing 01 as it leaves the plant site. Refnirt asbestos collected in control devices, such as baglumse Hues, on h separate ime.
PJ Total /l 'tinti'il Qiumtify of Aubtiuhm It u.v/e (Short TniwJ, Knler the tcilid qcanlity. in nh":'l tons, of lobestos waste gcnumlcd by each reported end piodiu;! production lino )n ItiHl. Asbestos waste is u waste product that contains .cdiesto:; as some* ol the total waste. Do not report quantities of waste recycled or
reprocessed
HJ Avtu'i":c PcrctvH . UAc.shw. KccrutJ in slort lia*i the uverag*: percentage of asbestos
(bv weight) in (he total (jimulity of asbestos
waste. This figure may be un estimate based on previous experience or an extrapolation of p'odmrimn mass batan..c 'bures.
| r>; iTspoxot SUo(fi) \h\ Type n[ Land
Anplyli**'
Dispiifidl ['Vicibty. Majic |X j one ol the fobowirp tyre's of bmd disposal fac.ihtics or
- M)...............
, Microscopy.
the hsbestt.m wustv? of each end product
i o ; .o...........
. Pi.; P>w'kw CO'tuasi Mfaov tuilHadegory or form of waste, See the
i o :i o..........
3.0-d 0 ...............
copy. PV Pol:v*nfj Vruveory .} Of? t)i*.potion Staining, i OM OHMti) 0f/'cl nHCrwooptf
February 5. iflPL Kodrod ReglsUir (-5U J'R
IlilfO) liu conijjrehenslvu defudibrns of the types of inoililies
5 100......... V.iij ;:G.O . . .
j tc orat.qvd-x tsivnfy).
.! Hi i Fen Microsiuniy.
* Piirfot r i:'>:;hn>nthr,rnhi--faciliiiRB t which btiuiil wastes or other liq^fda aro
?0.0 ma.O.......
..! IfcM fta.,,rmsvo fc.fc.chen
i.npoundius nr held. Surface impoundments
j Mo.A' .'-Jpy.
m\o............ ................................ ' M -cniHnjj F^it ttnn VI-
are pewndlv earthen strur.lavcs designed to hold im efii.mmil.diijn cf liipnds or
J A',: 'PV.
SrttupiirKj Melhii'Filrjgirs |
Nvai-fcs root.iiidep free Ikpn'tl. i-iU'.vA' /-V/o.v-- facilities at which wordes.
....... .............. ,,... j M> 0?rl-.r. OjWMCfcon.
usually a solid state, are placed nn hc
........................ .........j KfiS X Ray SyCvt'ameVy.
land forckaa^e or treatment.
K K(niip( 'o'................., H*1 'jFtnijvm oVrctlOU imj Clumpy
IP PrenpRsu** j i tnipjiv^n.......... .........1 C Any c>H<ct aivtvt *TV?tio0-
* l,nm! 7Y>`f;fn;nttt --faci!i:ics al which wast*-1;? {.i.sc.dlj in u aoiki, nend-sobrt. sarmlitpiid. or liquid stale) are spread on the
i
| a'tojy
aF S|x;c:KCa-
ground ;*? (he purpose of tre.druent.
* iMinlffli;j--fac.ibtiflw i>t which wastes,
VI Mi'lj.R'-
d
MF WCTia*0t*K F1|?.v ....... ^
FP'V r-iyvik},-?.l
Moiftortokjqy
i
usnuily in solid or semi-solid slate, arc placed inlo : on (he land lor pero>arui! disposal.
CPA--*'6i i,Ur>a Miuo.sr<.)p^
Ol A-'bOtre A*
Males ("oaccnSoiiFJiv--A Prorfuwrr-al VePwOoioyy," tPA-
* Sr.cpa^r Fi./.-'.lifiot;--facilities ;d which vni3ti:y lusually in a liquid, semi liquid, or
fiOO/2-77-17. (a, (ifd
icaai.
I
fienii solid
are pt.e cd into or on `h r
hind for slornge, treulmeni. or disposal. A
seepage facility is u'etugned with the
\. Wash: and Disposal
objective of discharging liquids into the land. There are Four types of seepage
Rntrins in this occtjon will ucnount for the
facilities:
i 1
wash: that is nol rccyokMl and results from Ow! produidjon of each l\Tpo of end product uubcatcgorv reported. Thu pfirnc*ntgp of dm total waste from the plant site tbl results
--seepage lagoons --drying buds >--seepage pits
from the production of each end product
-- seepage buds
guhcatnj'ory may bo estimated. Koporl
* fujvvtJoit Walls--fatalities ol which waste*
Bitparately Iho data fo) each end product
In a fluid fuRouUy liquid) utate ore injected
8ub<;aie/'ory. If unable lo determine
ir.to the land under a pressure head greater
guantilies by product subcatogory. report
thnn the procure head of tho ground wider
total quantities disposed of for each form of
Into or above which they ore Injerted for
WilKll!.
disposa),
#
FMSI 02705
IT
Federal Register / Vo!. 47, No. 147 / Friday, ]u!y 30, 3802 / Rides and Regulations
Vi'! t.orvtioii of Oixpoav! Pai'.iiiti--r,>i- in-ic], wul nioilm;t aulwjitegory (or form of \v;islc).
"link (X; M-tielfaur wustrs cm diitposcrtt of l this pbml site (on-site) nr at another site (off-
l- | l):\-nrn:Ifip t/'Pixpnsul /*btS'iiv Fur rif; I) v*n:I product sub-category (or bum of ivaslrj. murk (X) whether this disposal l;u ility if; owned by reporting company
ii.nmp.'inv h abollicr priviite company f '*1 ? v<ji<`Df ,m mneirijwdily ht'MniaiKu).
id) /'nab/a-d Uir-f'Ji.'ti.; llos/r l`tu i':! \ lot sv.trlt product subciiWyory jo* fui'm u| 'Xi*:,!i }r mark (X| whelher the disposal f.lClhly e- permitted under ;-mv applicable 5*t1 c* m
luiv.jifilniis w-isir ri***)ati`n (HI *7//*-*.ol PisftiSii! J.i/u rK describe Mm
1u: He MmkF used ! dispose t! .asbestos f.ViJSlf t'M f!\,l mpl,: if you W4 ` !!-r w.'isl<* arid |*Im:< it in ,i bug i drum pirn it) disposal,
sltiudd be lOUed here. (*) luhlVtUfiUih. S:.l,Miil ; III v additional information liMlfSCMir' ,t!iy sfrjv. blket) during w;<r:Jif dispos.il I" Induce the
reh-.ise of airborne ushcsb's I'M*<`i I-
eis losing it sepusaU-: dosnnple.Mi. < Ispck "V
on llic !t:rru: il Pol. eh*-* k "No" ei lift- *,j*n 1:4* piUVulcd
b FuUnlmii I'.nubol I-itjM'lcut
I'i this .section, provide
inn on <,\\
u* pollution iipdpmem ioeab d si Me nisei
sMf lo rmslrnl of remove uhlee
tiher. dis( each piece >f'equipment n.i it
M*p;<; -it: iim* nn the hum. mn; '.Imi
it!(.*>!ii.vr! ini).'r may be tis"{i til Hit* plain xilr.
t ?*,-' n
in Ihis .s^nlati: !'<; t-anfi
ol pfjuipiOf;'l Ijcina ri'|u>rli:i{ Tim
Mtiilil-onal si
fiU ip ami :iHiticl 1 *it i;ri
ajws fil il-'1 form. (T ibc i:o:npmy !ms
sub Viiiitfd poj'ntmfi ot ihe r*<]tiii-f<i data i> prc'viunsly anil ihi' daf; an* nIJI cmp'/'-i!.
pul;t "libA" in pl ua* (d Umsp tb l-f. mid
iclt'ii iK.c: ihn
whi.rp dir da! 1 wnv
si-nl mu) `in* Miftr Ihi'v w-t'ji* s >ti (II //(,*. A'r'uhrr. A:;ifnbf;r r,i..h (lirt;'- id
rijt.iamtwl i.un.saudiv'r ly |omo lliioti^b Mir
Icibd iiwmia F ol |>ioriw id rcp.iiiitm-ati.
{^1 Tyrt'<> Ftj:f'p`w 'it. i'Ufca' h ilrm miml!fr, cmUff Mir upincpr'ali* (nan Mi*1 fi.ilowir.fc bid.
* fv;if>hl)iiSO (dill - Kt-Masi.1 Air (UA} - du^r }r1 (PjJ Sb.dn* {S| - ` >!!:*r |<
l oi i-Aainpir. d :'br napHuasr oja-i; is (iiaj-p* IVfr boih rrv'.'fsr id;' ard idi-il-.c t Ir ifdn^. rniiT (dl 1) |H A) (S|
* .Sfatdd^rbS/ - \ rnSii; |V |
-Spfav JSI'I - I Hh.a (O)
tl tin- s-f.rublHM- t'srd is Mm vciinri lyjir
alsn rtf.'i f 'he fin'Kstm*
in iut.iir:. a!
w ait r !; parc'i'.dvsf's. For OMinij.'Ic. il Ma-
;u;r i V prrfisiac dnip. il*
bn.lirs, ri'Ur
(S; iV) I-40-til)}.
* Fli'(:ln:*-:!nl!i. b'-rupilaini |KSi`|
n (:_vrUat(t [C|
* Miiili|.d< (.'>< .itrffv
Oilier {(>1 '
FI) Cos Sir(-:an) Vr>]nwe anti TcmpertUofr
For oHcb piew of equipme.Tl. enter ih gtib
volume? {in vvhtn ffiel pnr mtnulo) and tbo operating lempcraiuie (in K). Use aclual data lor IhftSif: entries, gldiough c*5>im>v,>.s or
(igor(?s muy be used if nctnal ifutn an*
imiivailalde Riingi* {ex. B.UHMn.oni) ACFM at (4tt-iB0 T)| are al&o acceptable.
(4| Sf/uipiiHu'l Size. H elecb'Hslal;c
pircipiitdorfi and/or bughouse's are um:iI. eulei llu* tplul squanj leel oi
fiittfacr sura, For at! other types of tqiapm?it mark IX) `N/A.'*
(!>] Ct/lh'Uum fifticirncy. Kno*i
dm rollertioti eHii ienay (pert:(?nl). 01 an
estiniali? of this vabie. of each piotai o!
ecjiiipmenl. Murk (X) either design [!)) 01 trliia) (A) to indioMi: basin Fur response.
fO) A\irnxtf 0(tcrzti/}\if Srfit'tiufe. F.nler the
iH'i'inal reinihiij of operating hours eitltev n:iiial 01 estimated For r,a !; pioi.e of eimii'.inen? during iVWt.
iV ) t
Ctilii'i.lrt1 /? r'i-lint1!} . f * a ; i nu !<
d-.e n; '; s 11 * s y of malrriul in pounds that is (nr
w 'slid be, given the. design of !hr? mpupimnM j
Cifhei.led aonii.rliv by enc;i: p-iecc: of
euni|mieol in 1981. Indud/* all asbestos arid
nn.v-ii? brtns materials iv. tbe i-.itul. II
ims-'ble. esibnatir tlw percent (ly vvc-igldj of
..sbesJos '> die coJh'clffi.f
Mark (Xj
**j-:hei dersigu (!>) 01 acbiai (A) to inilieate
(>asis b>r H Sj.-nnse.
p'M Stance t/j fitnis:iiotiv. Frier a brief e'eseriptiiai of the somre of the emiasie.ns s:u;h av work area erh.oeM veohl Mion. earing ovci;. mixer, various, etc:.
(>) sbtef, i>r Ckz.'nery. Irrdicaltv wliethm ihe
; 11' priSJuiion f;nnpm' ch i ice discharges In *1 slack oj chimney; cheek `'Yes" 01 ''No."
I PM S'/xv. Vf/ FV/ib/ems;. U there is a v-piirial pn-blivr. wiJh jiaitiradate mllection or w:.Jh
iinv specib'c piece of eipiipnirnh rli::ie;s i> ni Mm- spare provided. Be sere to indicate which
nic. ,< of equipment is being discutfscc-.
(It; Hslnaati: ihe percent of plard exhaust
ai Mint is trofOed by the plan', she's pnlhiMne 'firerot eqi qnuoui
Appendix A
lh of Vernik
Svvond Itirnih yn? used ihroupbaod the M-porlifig leim and the iirdreelioij boe-kie; ;,s
dera ihe the different kinds (if .iSnestos Tiioi.i !s ami how fo reporl them.
A.Stos/os Mi:<!\u\'\ .1 iruxluie wiiicii eoniains belk asbestos or acmhi'i asbestos mixture ax'nn mtectionaJ conipimenb Ar?
asbeslns niisiine mo lie utilized n.x a finish''*) product or incorporated in'n other proih:' !s.
V fS, Ay.ht'sun: (or raw usi*i stosV any
orrH.'h'i ol .jsbcvlos Fd/cr </f any !y;.v* o* ;M'iuU:. or cnmluruMion of types of grade.-, tout is or milled with the express puipuse in obluin ax!rstos. The !enn (iocs put iucinde .irlieslos Mud i*; produced in proc'iS'-ed ns a eorMannnaiM or n impurity. A'l^hrs is a grnnjj of naturally occurring, inorganic, highly fibrous, fdfetr. minerals. w!iii;h cosily srjui.atc inlu lurtg. thin, fiodblc fli.e-s when r rushed or processed Included m die definition are the asbrsiiimm vu* ic-Hes ol clcyyoldi' fsorptmlim?): crocidolite (ncbcckilcl; aniosiH? {ntimmingTonrtegnmerihi): finlhophyllde: Irctiioliie: and acMuolile.
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Federal Register / Vol. 47. No. 147 / Friday. July 30, 1982 / Rules and Regulations
End Prodin.'f: thn product suhe.ifegory that it* either shipped from the reported site,or Imported inio Ihe United Stilt*:?*.
Ccnnru Alamp; a farm that describes tin: coded prmjod sid>c;>tegory better than this subcalegory name given on the term. If the product suheategory name on the form is
t. uo il
importer a person or facility rmporltnfi asbestos. in hulk form or .is part of u mixture or article, into llu; customs territory of Iht? United Steles. This definilum includes:
* The person liable for Ihe payment of any duties on the merchandise, or
* An authorised agent on his behalf |as defined in fit CFR l.fl). Importer also includes, as appropriate:
--'Hie consignee; --The importer of record; --The nehnd owner iron actual owner's
declaration and superseding bond has boon filed in accordance with TO CFR 141.20: or --The Irunsferne, if the right to draw merchandise in a bonded warehouse ban been transferred in accordance wflh Subpart C of 19 OFR Part 144.For the purpose of this definition, the customs territory of the United States consists of the 50 stales. Puerto Rico, and the District of Columbia. Whfcn 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 Stales an asbestos product that originated outside the United Stales, do not report as ho importer.
Tor reporting purposes, there are several classes of importers:
--An Importer of Mufti :lsh>rsJ,is imports bulk asbestos into the customs territory of the United States. Imported bulk asbestos is declared to the I >rrfeii States Customs Service upon entry as 't ariff Schedule of the United Steles, Annotated, fTSUSAl numbers 514.1110 510/060. Importers need report information only to the extent that the
information is in their possession. --An hniwrtnr of Asixififon MsxIhwm
imports asbestos mixtures into the customs territory of the United Slates. Imported mixtures include, but are mil limited to. merchandise declared to the United States Customs Service upon enti y as Tariff Schedule of the l Imted States. Annotated, numbers (TSttHA Number! 516 2-510 5, or other TSUSA Numbers that may pertain to asbestos
mixtures. --An importer of Aetfclefs} Con/oinin^
AshnsO/s CompanontfsJ imports an article that contains one or mom asbestos components.
Miner and/or Mt/lrr of' AuhnOots: a person who either mines or mills usIm sIok. Mined or extracted asbestos -con!,.uning ore is further
milled to produce bulk asbestos. Milling involves the separation of the fibers from the ore. grading and sorting the fibers. fibre iviog crude asbestos ore.
Primary Processor of Aslwfus: a person who processes hulk asbestos to makes an asbestos mixture or a product that contains asbestos, A primary processor who make an asbestos mixture and then processes the asbestos mixture at thn same site to make a different end product should report produclimi of the final end product. Primary processing includes the mixing or repackaging of raw asbestos fiber.
Product Snhcotp.ffory: the type of asbestos mixture or the type of end product. Hated and nunilmiwd on the form.
Secondary Piaccssor ofAshosUts: a person who processes art asbestos mixture that is then incorporated into that person's end product Secondary processors tisc asbestos mixtures that are made al o site other than the site being reported. For Instance, asbestos millboard may be purchased by a secondary processor, who could cwl that millboard ami mconxmilo il into an appliance.
Appendix B
Huw To Compute Summaries of Monitoring Unto--tnsbvclions anti WiHrJc.'ihnttls
These instructions describe how to compute iht; arithmetic mean and standard deviation f the TWA vulues for each category of employees counted in column 4 of part 11 of (he form. It is probably easier to compute the figures by working through one line ;i! n Mine. For example, primary processor who ban employees working in the Tiber introduction armi should locale ail monitoring data for those employees, and work through ipioBtion 10 before beginning computations for ibe nuxt production work category for that end product. A worksheet *v attached to those instructions; after completing il. transfer your computations to part II of the form.
I. To compute the "mean" for ihn TWA values tor a pjodnclicm work category, first list all of the TWA values for employees counted in the cntegoiy. Do not include non detectable TWA values in the foftowfug caleuhn ms.
For example, assume Ihe following TW A values (listed in column A) fora production work category:
No.
i
TWA value*
j
Scimjkms or column lA>
i
I t 00 I 1 00
> 50 3. } O.flO
/Jb 0.?b
I 75 1
3.0R
5 ! 1.26 :i| V*jG
1 600
a t?
1 I ..
AFIht listing the TWA values in column (A) on fhe worksheet, square each value and enter the sc/oroc in column (B) on the worksheet, the squares are used later to compute the standard deviation. Sum both
columns \\ Next determine the number |N) of
values, in this example. N- 5.
*
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Federal Register / Vol. 47. No. 147 / Friday, July 30, 1982 / Rules and Regulations
lit. The "mean" is the sme of the TWA values in column A divided by the number or
values (N). In this example:
Mean-- S--u--m---o--f--T--W---A-- -V--a-l-u--e-s- = 6.0,0 N5
,
IV. To calculate the "standard deviation" of these values, first compute the "varlunce" according to the following formula.
In this example:
(V) * --1-- x [Sum of Column B--
(Sum of Column A)1! N................
1 [B.12--(OjOXO-OI)
" 5-1
6'
[8.12--7.2}
.92
St - --
4
V=.2S
V. Finally, the standard deviation |SD| is the square root of the variance.
In this example: SD-Vv
* VjJ
SO=0.48 The arithmetic mean is entered in column 5
on the form* end the standard deviation ii entered in column 0 on the form.
M.UNG COW
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Federal Register / Vol. 47. No. 147 / Friday, fuly 30.1982 / Rules and Regulations
Worksheet
X. No^
(A) TWA Values
.1.
2 3. 4. 5.
Total__________
() Squares of Column (A)
___________
II, Number of TVIA values (N) "
Sum of Column A III. Mean --------------------------
N
XV. Variance (V)
l ______ [Sum of Column B
N- 1
(Sura of Column A)2] N
i
_L_
IijPL-BL2li N
V. Standard Deviation (SO) v V '*
=V
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Federal Register / Vol, 47, No, 147 / Friday. July 30, 1982 /Rules and Regulations
$ 763.77 Reporting secondary processing and importation of asbestos mixtures.
The following EPA Form 7710-37, Reporting Secondary Processing ami Importation of Asbestos Mixtures, will be completed and submitted to EPA as required in 8 763.65 mid 763.71. Information must bn reported on this form to the extent that it is in the possession of the respondent. Importers must report imported products only if I he imported product is listed on this form.
(ft) EPA Form 7711F-37 (8-60)
BlUiNG CODE 65T&-50-M
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COMPANY NAME
VS (NViRONMINTAL MOTtCTlOH AGENCY
RETORTING SECONDARY PROCESSING AND IMPORTATION OP ASBESTOS MIXTURES
TABTI - COMPART BtfgfMljftTIttl
POP CPA OH ONLY
ADDRESS tSircrl. city. State a '/.If Code)
TECHNICAL CONTACT
TELEPHONE NO.
PRINCIPAL PAWTJI^ SECONDARY rROCtttOREND PWOPUCTISI
AGENT
From che lut m Section I, enter the atbeuot end product produced Opposite each product, hit the etbeitoi mixture the) you process. VKl the Quantity ot etch mixture that you consumed in 1961.
END PRODUCT'S!
ASBESTOS MIX TORE (SI
QUANTITY OF ASBESTOS MIXTURE CONSUMCO
CODE
GENERIC NAME
COPE
GENERIC NAME
QUANTITY
UNIT OF MEASURE
--
fAWT III - IMPORTERS OF ASBESTOS MIXTUWElSt OR ARTICIEIU CQWTAIWIMB *tTO COMMlMtim
Lot the asbestos mixtures) or artide(t) that you <moori end the Quantity ot each item that yot imported in 1981. Opposite each item, enter e description of the asbestos component m the mixture or $rtide.
ASBESTOS MIXTURE (SI OR ARTICcEISI
COPE
GENERIC NAME
QUANTITY OF ASBESTOS MIXTURE (St OR ARTtCLEtSI IMFQRTEO
QUANTITY
UNIT OF MEASURE
DESCRIFTION OF ASBESTOS COMPONENT'S! IN ARTICLE
CERTIFICATION FOR CLAIMS OF CONFIDENTIAL BUSINESS INFORMATION
An authorized company official may damn any information reported on this form as confidential business information. To do this, the confidential information must be dearly circled with a red marker. In addition, an authorized company oflictaJ must 1190 below to certify the truth and accuracy of the following four statements, which apply to all information that is claimed.
t. 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 tjeen, reasonably obtainable by other persons (other than governmental bodies) byRising
legitimate means {other than discovery based on a showing of special need ;n 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 positron.
SIGNATURE OP AUTHORIZE P OF FtCI AL
ERA Form 7710-37 (10*1)
FMSI 02711
edoran?egister^/J/olM7JMo^
REPORTIKO &ECOMOARV PROCESSING AND IMPORTATION OP asbestos mixtures
instructions
TN* form f3 to be completed by persons who. in 1980, wore secondary processors of asbestos or Importer* of asbestos mixtures or articles thst contain asbestos components. See "Reporting Commercial end Industrial Uses of Asbestos", 40 CFR Past 763. Subpan D. for a full description of the reporting requirement end reporting schedule.
II additional space is needed, you
who must complete, spa form mo-rr V Sowndary processors o> safaastos mua
compile Part l and P of th* form Each Non Me or manufacturing facility must toe ripened Mpenwefy tf you erects Sulk asbestos fiber to make any el yeut products at part see. then you * primary PROCESSOR, and you *bnu*d report this plan* tfte on CPA Form 77T03S 2 importer* o( aabeait melvuelsi or snwfets) conteming asbestos components must complete Pan 1 end 14 of the form If you import bulk asbestos fiber, rh*n you shook! repon etf 'nportMKm Mtiwiet on CPA Form 7710-3* 3 Those who ra botft secondary processors no importers must eomphrre Parts l -and fit of tbs form,
DEFINITIONS f. Afosnoa Mixture meant a mnuri niwch
eemoMs bulk asbestos ar another mi*tw9. Section 1 bxfow Mttt tyetaei terms for aatxaiet mixtures.
2 Asbestos Component --means any ssbsttos mixture including any finished product containing an asbestos mixture, which <s incorporated into an article. Section l oefow iMs Typical terms for products mads bom asbestos miinuraa and components Some swamptoo or asbestos components are. asbestos paper in a hair dryer, aabastosreinforced plastic cabins# of a isfoviaion. asbestos tsxtda that is pan of a particutsr type of garmam.
3. facendary Processor of Asbestos--meant parson who procassos an ubestos mixture
4. Importer of Asbestos Mixtures w Articles Containing Asbestos Componantfol--mesne a
poraen who imports merchandise that contains aabastos into the customs territory e< the United Ststot. Wham there are two o* more ``importers'' for the isms Riipmsnt, the
Pdncipsl rather then the Agmt should report >t powfois.
PART I COMPANY INFORMATION Enter the nemo, address, and phono number of year compeny. Enter the nemo of th# principal technical contact who fa saner response** for the oompfofion of me form, or has sufficient kncnfortQS of its content lo respond to
quootfone poaad by EPA M you aro reporting as n importer, chock the appropriate box to indicate that you aro either the Principal importer or dip Agent for the brineipp*
us# additional copies of this form.
PART R gCCONOARV PROCESSOR N0 PRQOUCTS
rmfrrpAiiUTt; I fi~na M Section t me name of the product aubcatsgory that most speerf*ceby daaeribee your end product. In this column, enter the cod* number for the and product you make and writ* in the generic name for the product. # you tr# reporting a product that la not fisted, enter the code far
other" that N Hated under mo most specific general category of products and write at me generic noma. Report Rich end product on separate lines For example, if you make optionees and aro reporting toasters, enter
11* nd "master" trbartas WvmyM^for each and product, locate in Section 2 the name of the asbestos mature that most spetificatty daserfoey the asbestos mixture that you incorporate mto the and prpdwsL In this aohunn, enter iho coda number for fha estates mixture and write in the generic name. If you incorporate more than one asbestos mixture into a single and product, ihan us# aa many finaa as naoaasary to report all adbeotos manures In the and product. For exempts; d you incorporate asbestos mritbeard mo your toaster, your emnea would be as
End Product
AdstforMniwr
114 toaster
OE'mfflboard
Quanwry of AMoafse Mwrurc Consumed--
Opposite each aabaatoa mixture ihai latod enter the quantity of each mixture that you
consumed in 1986 Specify lh# quantity acosnpng to tfta unit of maasura hared m SacUbn 3. H iho unit of measure Is not timed,
rsport th* guamiry m short tons, tf your records do not permit you ss Hat iho quantities
oonsumod for separata and products than report ih* total amount of oaeh typo of asbestos mixture and enter *T* {for loeety next
to the figure.
PART fit IMPORTERS OP A88EST08
MIXTURE!*} OR ARTICIE(8| CONTAINING
AN AfiUTOi COMPONENT Awbomoc Mmuo or 4/r*cN--Ter each type of
imported product, locete in either taction 1 or
8scsitin g iho nemo that mast specifically
describee,the product you import. Enter in#
osda mwnber and generic name for the
*
imported product. Qusnfjry of Asbotto* Jdaturofaf or Anictys)
tmpotiod--fot each product Inled. record the
total onnuot ouantity imported in 1900. Spocrfy lha quantity according to the unit of measure
Hated in Section 3. <! possible, or according to
lha unit of manure * reported to iho U S.
Customs Sorvtes upon entry of tha merchandise
into tha Unwed State*. Poafrfotxsn of Asbestos Component* in
Anfofo--4js aB atbaaioa components in tha
import#* articN by amanng tha name of tha
aabaatoa component oppewte the name of the
arttefo. if the reported product is an utgut
mixture listed in Section 2. than you should not
rampleia this description.
332
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Federal Register / VoL 47, No. 147 / Friday, )uly 30.1982 / Rules and Regulations
SECTIOM 1 - TYPICAL TERMS FOR PRODUCTS MADE OF ASBESTOS MIXTURES
AUTOMOTWC AMO FRICTION PRODUCTS * tOt Drum brake ftmna gtahr-medium
m>d>i
102 Ow Mw pad* (ighimediem vehtck*
T03 INK brake MS (hatvy "ehTClet tOt Sraka Mack (heavy egupmant) 10* CMC* facings (sftt 10S AtMomMicyransmitsn fncuon
eompenents 107 Fnelemmeiarisli (industrial
OndUOkimOICHa IQf. Custom automotive bcA filler UM Trewenxeiane 110 MufAarS 111 Radiator too m*u'it** 112 Radiator sealant M2 Other (Specify generic nsma)
APPLIANCES 114 Apptctnct. induing H
consumer (speedy generic name*
CONSTRUCTION PRODUCT* MS iaitar and furnace baffle* t if Decorated budding pened 117 A/C shpot 118 Ftp*AMS *<r conductor 11 Moods and vents 120 AortaMa conatruel*on bi>'d*8 izt Roofing, ssturatad 122 Roof sfnnffat 122 Wadbeard 124 WsM reeling panels 125 Other (specify (fws n#ma)
CLOTHING 126 Aprons 12? toots 12* Oovos ond mrttons 120 Mass and hoimat* 130 OwiMai 121 Suns 132 Other (Speefy genera nmet
FLOOR COVERINGS 122 Vinyl-Mbosios Poor lit* 124 Astosws fthbackod snoot vinyl
Mooring
SUCTRlCAt PRODUCTS AMO COMPONENT* 1M CoMo mowlobon ISA liectronn metor componsms 197. Cigetricoi reaiotaneo owppons
TEXTILE ANO FELT PRODUCTS (ether than Nothing} 179 Atwmrmted dph
1*0. Rapa or <*(
139 (Metrical iwitr>Aesrd
Ifl. Vam. lap. or rowing
191 Efoctncal gomch supports
1*2. WMis
140- Siectncal nnr* msidanen 141 Metor ermature 142 Other (specify gonone npmol
1*9 Sags 1*4 getting
ig*. Mankote 18*. Csrpst padtkng
FIRE AND MEAT SWEUWNG EQUIPMENT AND COMPONENTS
187. CtHttmafcibi/widustnsi Avar
' tans
143 Arc dUstw 144 Fnedoorp 145 Fnoproo* sSoorbem pepor
ISA Oreperme It* Dnpdttio 190- Fbehgee*
144 Heet*Htds
HI Parting board oads and
147 Mahan mats) h*ndkng
eeutpmeth
,
14* Oven and don maeteuan
iniiAMPi 182. Mantle*. lamp or eMRytm
hpotar
14*. Arp wrap 150 Stove bnmg. wood an* coal
1*3. Patbing and packing camponams 194 Piano nd organ tabs
151 Stove p#o rings
18A Ruga
t*2 Siaavsa 1*3 Thermal woulobon 1*4 Other Fpsr% gonorc noma*
if* Tapa 197 Theater cun sms ISA Umbrella
GASKET*
19*. Other (specify generic name!
1*5 Sheet gookounq. rubber ancapsutaiad baater sedition
MfiCCUANCOV* PRODUCT* 200 Aortal orreso flare*
IS* Shast gasketing. rubber
201 Acoustical produce*
sntsasuiesad cempraassd
20Z. Ammunition weddmg
1*7 Compressed sheet gesbeeng (other*
15* Mata! rolnNrcad gsrtats
209 Aabaatos-remlorced piasne producao
. 204 Adi trays
18* Apiawatiyp spurs
20**binp sheet*
ISO. Other fsgsitiN gamete namR
20* MadAaarda
MAMNf IQINPMSffTANO SUPPLIES Igl Caulks, manna
182. imai* pandar canal 1*3. Mmm# bulkheads
207. CandNsucbs 209 Chornies' tanks and vesarts -
20* Filters 210 Grammes* 211. Gun grip*
184. Other Upaofy gpnanc name)
212- -Jaytry making egwpmeni
219. Mna
PAisrra. coating*. *ealant, and compounds zia umg imm
1*A Asphabic aamaatmdi
21* UM* bwRs Ml types)
ISA AutomotivertruRi body eaaimgi
21* Uringi lor warts. saNa
1ST AuNmg andaabstuog compounds
hwmidiberv. and Ming cabin--
(SSCeuAmg end eoMNnp sampsaw-- 19. Ordfcng thud
170 Fteehmp compounds
217- PAaeogr^h reoardb 21* Penary day 31*. Mg md eaabngs
171. Furnace eamem
220 Orhar wpserfy gangre nemR
173- (Basing CemebtihM
17* wsstsi and Rusaa 174 Pump, eatya. Range, and tank
aaefcng comgenen* 175 Reef pastings
17* Taerurad pmm*
177. TM* camant
17* Other (speedy generic name)
SECTION 2 - TYPICAL TERMS FOR ASBESTOS MIXTURES
PAPERS. PCtTg. OR RCtATEO PRODUCT*
01 commence! page*
02 rpINssrd
03 miRboard
0* pmatme wrap 0* beater-add gasketing paper
06 h^i-grad* elecfncal PR*'
07 unsaturstdd roofing tail
Ot. saturated rooting feh
09 fteormg feh
10 corrugated paper
11 apacnwy aaoar (apeeiM
FLOOR COVERINGS 12 vmy*-asbestos floor m|*
13 eibeafi'n-feW-becked mnyi floormg
ASSESTOACEMENT PRODUCTS 14 A/C pip# and httmgt 15 A/C abeat Rat 1* A/C sheet corrugated 17 A/C shtngi*
than tent hart tens ahentam short ten* short ions short tons ' short tona then ton* short tern than tens Shan ten*
tipm yards aguerp yards
shan tens 100 severe Net 100 *Qu*r# feet sgusraa
FRICTION MATERIAL* U *um toala Kmng [l-tM-mMum
piscaa
1* db* braba gads Fight-msdium ysNctal
ptaeaa
20 An brak# pads thsaey agulpmantl
11. brake Mam (haany agutamem 22. ehdsh fgetngs (am
ptaea*
piaasa pieces
29. awasmaba ganamtaaigna htctian eampananoptacm
2* tricMn mgianaN (mdgttriat and
damamnead
TCXTRES 29 doth 2* thread, yarn. tap. roving, car* rope ar wish
peuneb pounds
OTHER PRODUCT* 17 Md MM| dlhtr llw. M*.|
2* peeking 2* petnsa and suf*e* costings
90- edit--itaa and aaaiants 91 aabsttss reinforced pieshca 32. Inswtstion matenai* not atsewhara
dsaalRad (n.ac-1 33. mood r repackaged isbaitet hbar 34. other (n e c.)
square yards pounds atlons paMons pound*
Short tens
BILLING CODE 6560-50-C
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Federal Register / Vol. 47, No. 147 / Friday, July 30, 1982 / Rules and Regulations
(It] | Reserved |
763.78 Sunset provision.
All requirements of this rule will terminate five years after promulgation
of this role. This provision is nol a defense to any enforcement notion based on nonoompliunce which occurred during the effective period of this rule.
|KK Unr. It!-2>i*4 I'M 7 SILLING COOS MM-60-M
HUS w|
33223
*
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