EPA proposes to use the small manufacturer (including importer) definition already established at 40 CFR 704.3. and 4. Any reporting on Libby Amphibole asbestos would improve EPA's understanding of this substance and would inform risk evaluation activities involving asbestos. You can help us improve our website by completing a short survey. Therefore, EPA proposes a definition for small processors, functionally identical to that established in 40 CFR 704.20Chemical substances manufactured or processed at the nanoscale (Ref. August 6, 2020 Freeholder Responsibilities Health and safety practices in blocks of flats are essential in order to safeguard leaseholders, surrounding neighbours, and of course your property. If the specific asbestos type is not known or reasonably ascertainable, report the general listing, asbestos CASRN 1332-21-4. State of California et al. (iii) EPA estimates that at least 14 small firms will be affected by the proposed rule. Until the ACFR grants it official status, the XML Every so often, US Congress must vote to raise or suspend the ceiling, so it can borrow more to pay its bills. i.e., A In particular, data on asbestos as an impurity could better inform the Part 2 asbestos risk evaluation where EPA will determine and then evaluate the relevant conditions of use of asbestos in talc. September 27, 2018. Table 1 in 704.180( (ii) Congress has passed the debt ceiling package, just days before the Treasury Department would have run out of sufficient funds to pay all of the nation's obligations on time and in full. (see Unit II.C.1.). G. Did EPA consider additional data elements for the proposal? Understand the key things you should know about your lease. Pursuant to TSCA section 6(b)(4)(A), EPA conducts risk evaluations to determine whether a chemical substance presents unreasonable risk of injury to health or the environment, without consideration of costs or non-risk factors, including an unreasonable risk to potentially exposed or susceptible subpopulations identified as relevant by the Agency, under the conditions of use. Additionally, the information collected in this rulemaking will help inform risk management following the risk evaluation process. This would include situations in which asbestos is being mined or milled as an intentional or non-intentional impurity, such as in vermiculite and talc. Asbestos Reporting Requirements Rule means EPA's electronic, web-based reporting tool for the completion and submission of CDR data, reports, and other information, or its successors. One of the goals of this rule is to ensure EPA has a complete picture of the status of asbestos in the U.S. The total social burden and cost are therefore estimated to be approximately 1,157 hours and $659,839, respectively (Refs. The vast majority of HSE's asbestos publications on. (vi) 7922; Mendenhall Glacier Recreation Area; Alaska, Safety Zone; Sausalito Fireworks Display; San Francisco Bay, Sausalito, CA, Energy Conservation Program: Test Procedure for Commercial Warm Air Furnaces, Agency Information Collection Activities; Migratory Bird Surveys, Migraine: Developing Drugs for Preventive Treatment, Moving Beyond COVID-19 Vaccination Requirements for Federal Workers, Imposing Sanctions on Certain Persons Destabilizing Sudan and Undermining the Goal of a Democratic Transition. Submissions may only be made as set forth in this paragraph. The data package is then sent, in an encrypted state, to the Agency. Therefore, EPA is proposing to include a short form (Form A) for such entities that are aware of a quantity of asbestos in their products, but unable to determine (or estimate) the quantity manufactured (including imported) or processed of asbestos to report. 16. Contact the EPA TSCA Hotline at (202) 554-1404 or (1) February 4, 2022. ) Company name or address, financial statistics, and product codes used by a company and contained in a study; and. If the specific asbestos type is not known or reasonably ascertainable, report the general listing, asbestos CASRN 1332-21-4. 1982 Asbestos Reporting Requirements Rule, 3. If the annual production and importation volume of the chemical substance ( If the specific asbestos type is not known or reasonably ascertainable, report the general listing, asbestos CASRN 1332-21-4. (F) Importing of mixtures or articles containing asbestos. Concrete Surveys (UKAS) Asbestos Reinspections; Asbestos Air Testing; Asbestos Density . The submitter must certify that this statement and any substantiation provided are true and correct. EPA believes that providing six months between the effective date of the rule and the start of the submission period would allow sufficient time for both the Agency to finalize the reporting tool and for submitters to familiarize themselves with the rule and compile the required information. 2 1531-1538, and does not significantly or uniquely affect small governments. It may cause a problem with a sale if this is not available. This input will assist the Agency in developing a final rule that successfully addresses information needs while minimizing potential reporting burdens associated with the rule. http://www.epa.gov/dockets/comments.html. The most specific asbestos type that applies. documents in the last year, by the Coast Guard EPA, U.S. Environmental Protection Agency, Office of Pollution Prevention and Toxics (OPPT) Washington, DC, 2012. As proposed, this action would only collect information about asbestos manufacturers (including importers) and processors. Want to take over the management of your building? In addition, EPA is interested in whether the units of measure listed with the product types are appropriate. i.e., EPA chose not to include these additional data elements in this proposed rule in the interest of maintaining a manageable level of burden for reporting entities, while also considering the need for creating a manageable reporting tool. 11 and 12), the Agency believes that exempting all small businesses from reporting may exclude most or all of the reporting for some conditions of use which could severely hinder EPA's risk evaluation or risk management activities. Based on information available to EPA, the Agency does not believe there are a substantial number of such firms. Some have questioned whether the failure to explicitly authorize risk evaluations on mixtures calls into question EPA's authority to evaluate the risks from chemical substances in mixtures. The most recent asbestos legislation - the Control of Asbestos Regulations 2012 - states that if you are responsible for a non-residential property that was built before 2000, you have a duty of care to mitigate the risk of exposure to asbestos to anyone who is working at or visiting the property. v. The quantity of bulk material quantity by weight (Form B only); The percentage of asbestos in the bulk material (Form B only); The most specific identity of asbestos (Form B only); Information describing how you know the amount of asbestos in the bulk material (Form B only); and. 0844 800 0801. et seq. vi EPA considered collecting information related to asbestos or asbestos-containing discharges, including releases, wastes, and disposal data. Disposition of asbestos (see Table 3 in paragraph (e)(4)(ii)(B) of this section). EPA proposes to require certain persons that manufactured (including imported) or processed asbestos and asbestos-containing articles (including as an impurity) in the four years prior to the date of publication of the final rule to electronically report certain exposure-related information. Asbestos is subject to TSCA section 6 rulemaking under the Asbestos Ban and Phaseout rule of 1989 (Ref. $99,496 (per report), which includes no annualized capital or operation and maintenance costs. Total estimated burden: This list is not intended to be exhaustive, but rather provides a guide to help readers determine whether this document applies to them. for additional discussion. For assistance in locating these other documents, please consult the technical person listed under means an abbreviated form for persons that know or can reasonably ascertain that they manufactured (including imported) or processed asbestos, including as an impurity, during the reporting period described in paragraph (f) but do not know and cannot reasonably ascertain the amount of asbestos manufactured (including imported) or processed by them. 6. 2. 5). Federal Register issue. 6). Generally. Additionally, in some cases EPA may consider information contained in a study as not part of a EPA, Each form has sections about respondent identification, mined or milled bulk asbestos, imported bulk asbestos, primary processor production, secondary processor production, importation of mixtures, and importation of articles. The workplace exposure measurement data listed in proposed 40 CFR 704.180(e)(5)(iii) are from studies pertaining to human exposure in the workplace and therefore are considered health and safety study data. i.e., Occupational Safety and Health Administration (OSHA). This information is not part of the official Federal Register document. is a collective term meaning any of the substances listed in Table 1 of this paragraph. than June 6, 2022. 4. uses without ongoing or prospective manufacturing (including importing), processing, or distribution) or associated disposals ( is defined in 40 CFR 704.3 to mean quantities of a chemical substance manufactured, imported, or processed or proposed to be manufactured, imported, or processed solely for research and development that are not greater than reasonably necessary for such purposes. EPA is requesting comment on whether there should be a threshold for the amount of asbestos when determining whether to report using Form B and, if so, whether the threshold should be concentration-based ( This proposed rule would result in a one-time reporting obligation. ), (iv)(B)( EPA intends to include in Part 2 of the risk evaluation the legacy uses and associated disposal of asbestos. See TSCA section 8(a)(1)(A). You can find a copy of the ICR in the docket for this action, and it is briefly summarized here. v. The following is a brief list of the primary data requirements being proposed. See TSCA section 26(h) and (i), 15 U.S.C. Any use of the term manufacture in this document will encompass import, and the term manufacturer will encompass importer. Any use of the term asbestos will apply to asbestos in bulk form, in an article, or as an impurity, or as a component of a mixture. EPA proposes to collect data on asbestos as an impurity because EPA may lack data on the extent to which asbestos as an impurity occurs in products under TSCA jurisdiction that are currently being manufactured (including imported) or processed. Primary processor e 100,000-pound threshold when company sales are less than $120 million), thus exempting small manufacturers for some chemicals but not for others. The most specific identity of asbestos and the quantity of asbestos (Form B only); Whether the imported product including asbestos is contained in a mixture or a part of an article; The total annual import quantity of the imported product, using the unit of measure as listed in Table 4 of proposed. (ii) Select from among the asbestos types listed in Table 1 of paragraph (a) in this section. Start Printed Page 27063 Blocks of flats have areas such as: Corridors Lift shafts and lifts Foyers Staircases Roof spaces Outhouses Yards and . ), (iii)(B)( ruedy.daniel@epa.gov. EPA is asking for public comment on importers' anticipated ability to know or reasonably ascertain whether those entities import asbestos. Thus, any entity manufacturing (including importing) Libby Amphibole asbestos would be considered a small manufacturer and exempt from reporting if it meets either of these two standards (as adjusted by an inflation index): Total sales during the most recent year of the reporting period, combined with those of the parent company, domestic or foreign (if any), are less than $120 million and the annual production and importation volume of that chemical substance ( 6). The OFR/GPO partnership is committed to presenting accurate and reliable Secondary processors are defined in the proposed 40 CFR 704.180(a), a definition adapted from the definition of primary processor in the 1982 This standard requires that submitters conduct a reasonable inquiry within the full scope of their organization (not just the information known to managerial or supervisory employees). TSCA-Hotline@epa.gov Federal Register Corrosion Proof Fittings ii Select from among the ranges of employees listed in Table 2 of this paragraph and report the corresponding code ( documents in the last year, 1428 The EPA will respond to any ICR-related comments in the final rule. (d) U.S. Department of Health and Human Services, Agency for Toxic Substances and Disease Registry, Atlanta, GA, 2008. Registration enables CDX to authenticate user identity. a certain percentage) or annual volume-based. Additionally, the parties agreed that no later than eighteen months from the effective date of the agreement (Ref. on NARA's archives.gov. As a result, EPA is proposing that small businessessmall manufacturers (including importers) and processors of asbestos, and asbestos mixtures (other than Libby Amphibole asbestos)will need to maintain records and report under this action. be used in Part 2 of the TSCA Risk Evaluation for asbestos and will also inform risk management actions for asbestos under TSCA section 6(a). EPA also considered collecting employee exposure information, including 8-hr time-weighted average exposures, 15- or 30-minute peak or maximum exposures, related statistical data (medians, arithmetic means, standard deviations, etc. Wastewater Discharge and Waste Disposal Data. That means any commercial building constructed in 1990 or later poses no asbestos risk. 2625(h) and (i). If testing was conducted, specify how often testing was conducted on the presence of asbestos in your bulk material and what method and type of test was used for determining asbestos content, and provide the test results. (5) Due to the anticipated burden for reporters in contrast to the usefulness of the data that the agency could collect, EPA is not including reporting on these additional employee data elements in this proposed rule.