27060 Federal Register / Vol. 87, No. 88 / Friday, May 6, 2022 / Proposed Rules 

ingredients (recognized active and inert 

substances which are listed in the 

regulations) and labeled according to 

the EPA’s regulations in 40 CFR 

152.25(f). The EPA created the 

exemption for minimum risk pesticides 

to eliminate the need for the Agency to 

expend significant resources to regulate 

products that were deemed to be of 

minimum risk to human health and the 

environment. Prior to submission of 

these aquatic toxicity reports, the EPA 

received a petition from Tidal Vision 

Products, LLC, requesting that the 

substance commonly known as chitosan 

(also known by its chemical name polyD-glucosamine) (CAS Reg. No. 9012–76– 

4) be added to the list of active 

ingredients allowed in exempted 

minimum risk pesticide products under 

40 CFR 152.25(f)(1). This matter was the 

subject of a proposed regulation (85 FR 

69307) (FRL–10009–24). 

The EPA is considering the 

information submitted by Tidal Vision 

in its decision regarding whether to 

finalize the proposal to add chitosan to 

the list of permitted active ingredients, 

and if so, whether and how to address 

chitosan salts in the exemption. 

II. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. For 

assistance in locating these other 

documents, please consult the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

1. Tidal Vision USA. (2019). Aquatic 

Toxicology Report by Eurofins 

Environmental Testing Test America. Lab I.D. 

No. B4345. Report Date: June 17, 2019. EPA 

Master Record Identification (MRID) 

51861901. 

2. Tidal Vision USA. (2019). Aquatic 

Toxicology Report by Eurofins 

Environmental Testing Test America. Lab I.D. 

No. B4421. Report Date: August 28, 2019. 

EPA Master Record Identification (MRID) 

51861902. 

List of Subjects in 40 CFR Part 152 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting, and recordkeeping 

requirements. 

Dated: April 29, 2022. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2022–09731 Filed 5–5–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 704 

[EPA–HQ–OPPT–2021–0357; FRL–8632–02– 

OCSPP] 

RIN 2070–AK99 

Asbestos; Reporting and 

Recordkeeping Requirements Under 

the Toxic Substances Control Act 

(TSCA) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing reporting 

and recordkeeping requirements for 

asbestos under the Toxic Substances 

Control Act (TSCA). EPA proposes to 

require certain persons that 

manufactured (including imported) or 

processed asbestos and asbestoscontaining articles (including as an 

impurity) in the four years prior to the 

date of publication of the final rule to 

electronically report certain exposurerelated information. This action would 

result in a one-time reporting obligation. 

EPA emphasizes that this proposed 

requirement would include asbestos 

that is a component of a mixture. The 

information sought includes quantities 

of asbestos (including asbestos that is a 

component of a mixture) and asbestoscontaining articles that were 

manufactured (including imported) or 

processed, types of use, and employee 

data. Reported information would be 

used by EPA and other Federal agencies 

in considering potential future actions, 

including risk evaluation and risk 

management activities. EPA is 

requesting public comment on all 

aspects of this proposed rule and has 

also identified items of particular 

interest for public input. 

DATES: Comments must be received on 

or before July 5, 2022. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2021–0357, 

through the Federal eRulemaking Portal 

at https://www.regulations.gov. Follow 

the online instructions for submitting 

comments. Do not submit electronically 

any information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Additional 

instructions on commenting or visiting 

the docket, along with more information 

about dockets generally, is available at 

https://www.epa.gov/dockets. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

open to visitors by appointment only. 

For the latest status information on 

EPA/DC services and access, visit 

https://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

Daniel R. Ruedy, Data Gathering and 

Analysis Division (Mailcode: 7406M), 

Office of Pollution Prevention and 

Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; telephone 

number: (202) 564–7974; email address: 

ruedy.daniel@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture (defined 

by statute to include import) or process 

asbestos. 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. For a more 

thorough discussion of the subject 

asbestos forms, please see Unit III.A. of 

this document. You may also be 

potentially affected by this action if you 

manufacture (including import) or 

process other chemical substances or 

mixtures not on the TSCA inventory if 

they include asbestos. 

The following list of North American 

Industry Classification System (NAICS) 

codes are provided to assist in 

determining whether this action might 

apply to you. This list is not intended 

to be exhaustive, but rather provides a 

guide to help readers determine whether 

this document applies to them. 

Potentially affected entities may include 

entities identified in: 

• NAICS code 211—Oil and Gas 

Extraction; 

• NAICS code 212—Mining (except 

Oil and Gas); 

• NAICS code 325—Chemical 

Manufacturing; 

• NAICS code 327—Nonmetallic 

Mineral Product Manufacturing; 

• NAICS code 332—Fabricated Metal 

Product Manufacturing; 

• NAICS code 336—Transportation 

Equipment Manufacturing; 

• NAICS code 339—Miscellaneous 

Manufacturing; 


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• NAICS code 447—Gasoline 

Stations; and 

• NAICS code 811—Repair and 

Maintenance. 

Additionally, you should carefully 

examine the proposed regulatory text in 

this document to determine if your 

business would be impacted by this 

rule. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical contact person listed under 

FOR FURTHER INFORMATION CONTACT. 

B. What is the Agency’s authority for 

taking this action? 

EPA is proposing this action under 

the authority of section 8(a) of the Toxic 

Substances Control Act (TSCA), 15 

U.S.C. 2607(a), which generally 

authorizes EPA to promulgate rules that 

require each person, other than small 

manufacturers (including importers) or 

processors, who manufactures 

(including import) or processes, or 

proposes to manufacture (including 

import) or process, the chemical 

substance identified in the rule, to 

maintain such records and submit such 

reports as the EPA Administrator may 

reasonably require. 

Although TSCA section 8(a)(1) 

provides an express exemption for small 

manufacturers (including importers) 

and processors, TSCA section 8(a)(3) 

enables EPA to require small 

manufacturers (including importers) 

and processors to report under TSCA 

section 8(a) with respect to a chemical 

substance that is the subject of a rule 

proposed or promulgated under TSCA 

sections 4, 5(b)(4), or 6, or is the subject 

of an order in effect under TSCA 

sections 4 or 5(e), a consent agreement 

under TSCA section 4, or relief that has 

been granted under a civil action under 

TSCA sections 5 or 7. Asbestos is 

subject to TSCA section 6 rulemaking 

under the Asbestos Ban and Phaseout 

rule of 1989 (Ref. 1). A portion of this 

rule was overturned in Corrosion Proof 

Fittings v. EPA, 947 F.2d 1201 (5th Cir. 

1991), however, a portion remains. The 

remaining portion of EPA’s 1989 

asbestos ban and phaseout rule 

prohibits the manufacture, importation, 

processing, and distribution in 

commerce of: Commercial Paper, 

Corrugated Paper, Rollboard, Specialty 

Paper, Flooring Felt, and New Uses (the 

manufacture, importation or processing 

of which would be initiated for the first 

time after August 25, 1989). See 40 CFR 

763.160 et seq. Thus EPA proposes to 

exercise its authority provided under 

TSCA section 8(a)(3)(A)(ii) to require 

small manufacturers (including 

importers) and processors of asbestos or 

asbestos-containing mixtures (other than 

Libby Amphibole asbestos) to maintain 

records and submit reports. Libby 

Amphibole asbestos is not subject to an 

applicable proposed or promulgated 

rule under TSCA sections 4, 5(b)(4) or 

6, an order in effect under TSCA section 

4 or 5(e), or a consent agreement under 

TSCA section 4, nor is it the subject of 

relief that has been granted under a civil 

action under TSCA section 5 or 7. 

Therefore, small manufacturers 

(including importers) and processors of 

Libby Amphibole asbestos are expected 

to be exempt from this proposed 

reporting and recordkeeping rule. For a 

more thorough discussion of the 

proposed reporting for small 

manufacturers (including importers) 

and processors, see Unit III.B. 

TSCA section 8(a)(1)(A) also excludes 

from the scope of EPA’s regulatory 

authority under that paragraph any 

manufacturer (including importer) or 

processor of ‘‘a chemical substance 

described in subparagraph (B)(ii).’’ 

TSCA section 8(a)(1)(B)(ii), in turn, 

provides EPA authority to require 

recordkeeping and reporting by each 

person (other than a small manufacturer 

[including importer] or processor) who 

manufactures (including imports) or 

processes, or proposes to manufacture 

(including import) or process, a 

chemical substance ‘‘in small quantities 

. . . solely for purposes of scientific 

experimentation or analysis or chemical 

research on, or analysis of, such 

substance or another substance, 

including any such research or analysis 

for the development of a product,’’ but 

only to the extent EPA determines the 

recordkeeping and/or reporting is 

necessary for the effective enforcement 

of TSCA. EPA is not proposing to 

require recordkeeping or reporting by 

persons who manufacture (including 

import) or process, or propose to 

manufacture (including import) or 

process, asbestos in small quantities 

solely for research or analysis for the 

development of a product as described 

in TSCA section 8(a)(1)(B)(ii). ‘‘Small 

quantities solely for research and 

development’’ 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. 

TSCA section 14 imposes 

requirements for the assertion, 

substantiation, and review of 

information that is claimed as 

confidential under TSCA (also known as 

confidential business information or 

CBI. Some information submitted at the 

time of the proposed reporting under 

this rule may be claimed as confidential. 

C. What action is the Agency taking? 

EPA is proposing to require asbestos 

manufacturers (including importers) 

and processors to report to EPA certain 

information known to or reasonably 

ascertainable by those entities. For this 

action, the term ‘‘asbestos’’ includes 

various forms of asbestos, including 

Libby Amphibole asbestos, as described 

in more detail in Unit III.A. of this 

document. The following is a brief list 

of the primary data requirements being 

proposed. These proposed requirements 

are described in detail in Unit III. 

1. Asbestos domestic manufacturers 

(Asbestos Mine and Mill): The 

provisions in this proposed rule would 

require asbestos domestic manufacturers 

to provide the quantity manufactured 

per asbestos type, use, and employee 

exposure information to EPA. 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. 

2. Asbestos importers: The provisions 

in this proposed rule would require 

importers of asbestos to provide the 

quantity imported per asbestos type, 

use, and employee exposure 

information. This includes importers of 

mixtures containing asbestos, articles 

containing asbestos components, and 

impurities (in articles, bulk materials, or 

mixtures, such as in talc and 

vermiculite). 

3. Asbestos processors: The 

provisions of the proposed rule would 

require processors of asbestos (including 

processors of mixtures or articles) to 

provide the quantity processed per 

asbestos type, use, and employee 

exposure information. This includes 

both primary processors and secondary 

processors of asbestos, as described in 

Units III.F.3. and 4. This would include 

situations in which asbestos is 

appearing as an intentional or nonintentional impurity, such as in 

vermiculite and talc. 

D. Why is the Agency taking this action? 

The Agency is proposing this action 

to obtain certain information known to 

or reasonably ascertainable by 

manufacturers (including importers) 

and processors of asbestos that EPA 

believes would help the Agency better 

understand the exposures and uses 

associated with asbestos, including 

asbestos in articles and as an impurity 

(in articles, bulk materials, or mixtures, 

such as in talc and vermiculite), that fall 

under the scope of this proposal. 

Reported information would be used by 

EPA and other Federal agencies in 


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considering potential actions involving 

asbestos, including EPA’s TSCA risk 

evaluation and risk management 

activities. This action is also subject to 

a settlement agreement, as discussed in 

Unit II.C.4. of this document. For a more 

thorough discussion of the TSCA risk 

evaluation and risk management 

process, please see Unit II.C.5. of this 

document. 

E. What are the estimated incremental 

impacts of this action? 

EPA has prepared an economic 

analysis (Ref. 2) of the potential impacts 

associated with this proposed rule. The 

primary purpose of this proposed rule is 

the collection of detailed data on 

asbestos uses and exposures. Reported 

information would be used by EPA and 

other Federal agencies in considering 

potential actions involving asbestos, 

including EPA’s TSCA risk evaluation 

and risk management activities. EPA 

estimates that at least 18 firms may 

submit reports for 27 sites based on the 

intentional manufacturing (including 

importing) or processing of asbestos, 

including mixtures and articles 

containing asbestos. EPA does not 

currently have information on the extent 

to which asbestos occurs as an impurity 

in products that are currently 

manufactured (including imported) or 

processed in the U.S., so the number of 

firms that may report for impurities is 

not estimated. 

The industry is expected to incur onetime burdens and costs associated with 

rule familiarization, form completion, 

CBI claim substantiation, recordkeeping, 

and electronic reporting activities. 

Where asbestos is intentionally 

manufactured (including imported) or 

processed, the estimated average burden 

and cost per site ranges from 

approximately 12 hours and $1,146 to 

26 hours and $2,265, depending on the 

type of activities the respondent is 

engaged in and the information known 

to or reasonably ascertainable by them. 

For products where asbestos occurs as 

an impurity, the estimated average 

burden and cost per site ranges from 

approximately 17 hours and $1,573 to 

40 hours and $3,334, again depending 

on the type of activities and the 

information that is known to or 

reasonably ascertainable. EPA estimates 

a total industry quantified burden of 

approximately 1,157 hours, with a 

quantified total cost of approximately 

$99,496. 

EPA estimates that at least 14 small 

firms, which included article importers, 

will be affected by the proposed rule. Of 

those small firms, 12 are expected to 

have cost impacts of less than 1% of 

annual revenues, one is expected to 

have impacts between 1–3%, and one is 

expected to have impacts of more than 

3% of annual revenues. Again, these 

estimates do not include firms that are 

impacted by the requirement to report 

for impurities. The Agency is expected 

to incur a cost of $560,343. The total 

social burden and cost are therefore 

estimated to be approximately 1,157 

hours and $659,839, respectively (Refs. 

2 and 3). 

F. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or email. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When preparing and submitting your 

comments, see the commenting tips at 

http://www.epa.gov/dockets/ 

comments.html. 

II. Background 

A. What is TSCA section 8(a)? 

TSCA section 8(a)(1) generally 

authorizes EPA to promulgate rules that 

require entities, other than small 

manufacturers (including importers) or 

processors, who manufacture (including 

import) or process, or propose to 

manufacture (including import) or 

process, a chemical substance to 

maintain such records and submit such 

reports as the EPA Administrator may 

reasonably require. 

Under TSCA section 8(a)(2), EPA may 

require reporting and recordkeeping of 

the following information: 

• The common or trade name, 

chemical identity and molecular 

structure of each chemical substance or 

mixture; 

• Categories or proposed categories of 

use for each substance or mixture; 

• Total amount of each substance or 

mixture manufactured (including 

imported) or processed, the amounts 

manufactured (including imported) or 

processed for each category of use, and 

reasonable estimates of the respective 

amounts to be manufactured (including 

imported) or processed for each of its 

categories of use or proposed categories 

of use; 

• Descriptions of byproducts 

resulting from the manufacture 

(including import), processing, use, or 

disposal of each substance or mixture; 

• All existing information concerning 

the environmental and health effects of 

each substance or mixture; 

• The number of individuals exposed, 

and reasonable estimates of the number 

of individuals who will be exposed, to 

each substance or mixture in their 

places of employment and the duration 

of their exposure; and 

• The manner or method of disposal 

of each substance or mixture, and any 

change in such manner or method. 

B. What is asbestos? 

Asbestos is one or more of a group of 

highly fibrous silicate minerals that 

readily separate into long, thin, strong 

fibers that have sufficient flexibility to 

be woven, are heat resistant and 

chemically inert, are electrical 

insulators, and are therefore suitable for 

uses where incombustible, 

nonconducting, or chemically resistant 

materials are required. 

Asbestos is a mineral fiber that occurs 

in rock and soil. Because of its fiber 

strength and heat resistance, asbestos 

has been used in a variety of building 

construction materials for insulation 

and as a fire retardant. Asbestos has also 

been used in a wide range of 

manufactured goods, mostly in building 

materials (roofing shingles, ceiling and 

floor tiles, paper products, and asbestos 

cement products), friction products 

(automobile clutch, brake, and 

transmission parts), heat-resistant 

fabrics, packaging, gaskets, and coatings 

(Ref. 3). 

For purposes of this proposed rule, 

EPA considers ‘‘asbestos’’ to include the 

asbestiform varieties included in the 

definition of asbestos in TSCA Title II 

(added to TSCA in 1986), section 202 

and Libby Amphibole asbestos. 

‘‘Asbestos’’ is defined in TSCA Title II, 

section 202 as the asbestiform varieties 

of six fiber types—chrysotile 

(serpentine), crocidolite (riebeckite), 

amosite (cummingtonite-grunerite), 

anthophyllite, tremolite or actinolite. 

The general CAS Registry Number 

(CASRN) of asbestos is 1332–21–4; this 

is the only asbestos on the TSCA 

Inventory. However, CASRNs are also 

available for specific fiber types. See 

Unit III.A.1. for additional discussion. 

In addition, EPA is proposing to 

include reporting for Libby Amphibole 

asbestos (mainly consisting of tremolite 

([CASRN 77536–68–6], winchite 


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[CASRN 12425–92–2], and richterite 

[CASRN 17068–76–7]) to identify if this 

particular type of asbestos continues to 

be manufactured (including imported) 

or processed in the United States. The 

term ‘‘Libby Amphibole asbestos’’ is 

used in this document to identify the 

naturally occurring mixture of 

amphibole mineral fibers of varying 

elemental composition (winchite, 

richterite, tremolite, etc.) that have been 

identified in the Rainy Creek complex 

near Libby, Montana (Ref. 4). EPA does 

not anticipate that there is ongoing 

manufacture (including import) or 

processing of the Libby Amphibole 

asbestos, but to help confirm this 

understanding has included this 

substance in the scope of this proposed 

rule. 

EPA requests comment on whether 

reporting on Libby Amphibole asbestos’ 

component parts, winchite and 

richterite, which are not asbestos types 

but are indicative of the presence of 

Libby Amphibole asbestos in a 

substance, should be included in the 

scope of this TSCA section 8(a) data 

collection and be reported on 

individually in addition to reporting on 

Libby Amphibole asbestos (Ref. 5). Any 

reporting on Libby Amphibole asbestos 

would improve EPA’s understanding of 

this substance and would inform risk 

evaluation activities involving asbestos. 

Asbestos is a hazard to human health 

(Ref. 6). Some of the health effects 

caused by exposure to asbestos are: 

• Lung cancer; 

• Ovarian cancer; 

• Laryngeal cancer; and 

• Mesothelioma, a cancer of the thin 

lining of the lung, chest and the 

abdomen and heart. 

As part of the TSCA Risk Evaluation 

of chrysotile asbestos published in 

December 2020 (Ref. 6). EPA evaluated 

the database of health effects associated 

with asbestos exposure cited in U.S. and 

international data sources and reviewed 

and evaluated scientific information on 

toxicity, exposure, and hazard. Many 

authorities have established that there 

are causal associations between asbestos 

exposures and cancer (Ref. 7). 

For a more thorough discussion on 

the asbestos types addressed by this 

proposed rule, see Unit III.A. of this 

document. 

C. What are relevant past and ongoing 

EPA TSCA actions on asbestos? 

1. 1982 Asbestos Reporting 

Requirements Rule 

In 1982, EPA finalized a rule entitled: 

‘‘Asbestos Reporting Requirements’’ (47 

FR 33198, August 30, 1982) (TSH–FRL– 

2124–4), under the authority of TSCA 

section 8(a) that required one-time 

reporting to EPA by asbestos 

manufacturers, importers, and 

processors. The information sought 

included data on the quantities of 

asbestos used in making products, 

employee exposure data, and waste 

disposal and pollution control 

equipment data. Reported information 

was used by EPA and other Federal 

agencies in considering the regulation of 

asbestos. 

The information gathered as a result 

of the 1982 data collection rule was 

used in the drafting of the 1989 rule 

entitled ‘‘Asbestos: Manufacture, 

Importation, Processing, and 

Distribution in Commerce Prohibitions’’ 

(54 FR 29460, July 12, 1989) (FRL– 

3476–2). In that action, EPA used TSCA 

section 6 authority to ban most asbestoscontaining products. However, most of 

the ban was overturned in 1991 by the 

Fifth Circuit Court of Appeals. 

Corrosion Proof Fittings v. EPA, 947 

F.2d 1201 (5th Cir. 1991). As a result, 

the 1989 asbestos regulation only bans 

new uses of asbestos in products that 

would be initiated ‘‘for the first time’’ 

after 1989 and five other specific 

product types (40 CFR part 763, subpart 

I). 

It has been nearly 40 years since the 

1982 rule was implemented, and EPA 

needs an updated data collection to 

better understand the universe of 

asbestos types in commerce and the 

specific entities presently 

manufacturing (including importing) 

and processing asbestos, including 

asbestos-containing products. This 

proposal is modeled after the 1982 data 

collection but requires more detailed 

information from manufacturers 

(including importers) and processors in 

addition to information about asbestos 

appearing as an impurity. 

2. Chemical Data Reporting (CDR) Rule 

In limited circumstances, asbestos has 

been reported under the Chemical Data 

Reporting (CDR) rule (40 CFR part 711). 

The CDR rule requires manufacturers 

(including importers) to provide EPA 

with information on the production and 

use of chemicals in commerce. (Ref. 8). 

Under CDR, naturally occurring 

substances (including asbestos), 

impurities, and chemical substances 

when imported as part of articles are 

exempted from reporting (Ref. 9). This 

proposed rule differs from the existing 

CDR universe of data collected as it 

would: (a) Be a one-time data collection 

as opposed to a reoccurring data 

collection; (b) require reporting for 

naturally-occurring asbestos; (c) require 

processors of asbestos to report (i.e., 

sites manufacturing (including 

importing) and/or processing asbestos 

would be subject to this rule); and (d) 

require reporting by entities who are 

manufacturing (including importing), 

and/or processing asbestos and to whom 

the asbestos content is known or 

reasonably ascertainable (see TSCA 

section 8(b)(2)). ‘‘Known to or 

reasonably ascertainable by’’ would be 

defined to include ‘‘all information in a 

person’s possession or control, plus all 

information that a reasonable person 

similarly situated might be expected to 

possess, control, or know.’’ EPA 

acknowledges that it is possible that an 

importer, particularly an importer of 

articles containing asbestos, may not 

have knowledge that they have 

imported asbestos and thus not report 

under this rule, even after they have 

conducted their due diligence under 

this reporting standard as described in 

this paragraph. Such an importer should 

document its activities to support any 

claims it might need to make related to 

due diligence. EPA is asking for public 

comment on importers’ anticipated 

ability to know or reasonably ascertain 

whether those entities import asbestos. 

This proposed rule would also differ 

from CDR data collection as it would 

apply to impurities and articles, both of 

which are exempted from CDR data 

collection (40 CFR 711.10(b) & (c)) (Ref. 

9, Ref. 10). 

3. 2019 Significant New Use Rule 

(SNUR) for Discontinued Uses of 

Asbestos 

In 2019, EPA promulgated a SNUR 

(84 FR 17345, April 25, 2019) (FRL– 

9991–33) for the manufacturing 

(including import) or processing of 

asbestos for use in adhesives, sealants, 

and roof and nonroof coatings; arc 

chutes; beater-add gaskets; cement 

products; extruded sealant tape and 

other tape; filler for acetylene cylinders; 

friction materials (with certain 

exceptions); high-grade electrical paper; 

millboard; missile liner; packings; 

pipeline wrap; reinforced plastics; 

roofing felt; separators in fuel cells and 

batteries; vinyl-asbestos floor tile; 

woven products; any other building 

material; and any other use of asbestos 

that was not already prohibited under 

TSCA or under evaluation in the TSCA 

Risk Evaluation for Asbestos Part 1: 

Chrysotile Asbestos. 

Activities that were under evaluation 

in the TSCA Risk Evaluation for 

Asbestos Part 1: Chrysotile Asbestos 

were not subject to the SNUR since 

there was ongoing manufacturing 

(including importing) or processing for 

those uses. Those activities not subject 

to the SNUR were manufacturing 

(including importing) or processing for 


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the use of chrysotile in asbestos 

diaphragms; sheet gaskets; oilfield brake 

blocks; aftermarket automotive brakes/ 

linings; other vehicle friction products; 

and other gaskets. Because all the 

ongoing uses of asbestos identified in 

the SNUR were of chrysotile, any use of 

crocidolite, amosite, anthophyllite, 

tremolite, or actinolite would be 

considered a significant new use. 

A person wishing to begin 

manufacturing, importing, or processing 

asbestos (including as part of an article) 

for a significant new use must first 

submit a Significant New Use Notice 

(SNUN) to EPA. Before any significant 

new use of asbestos begins, EPA must 

evaluate it for potential risks to health 

and the environment and take any 

necessary regulatory action, which may 

include a prohibition. 

4. TSCA Section 21 Petitions on 

Asbestos 

On September 27, 2018, and January 

31, 2019, respectively, petitioners 

Asbestos Disease Awareness 

Organization et al. (ADAO) (Ref. 11), 

and Attorneys General from ten states 

and the District of Columbia (the States) 

(Ref. 12) submitted petitions under 

TSCA section 21 (15 U.S.C. 2620) 

requesting EPA to amend the CDR Rule 

in ways that petitioners asserted would 

increase reporting of asbestos. Both 

petitions sought to close alleged 

asbestos CDR reporting gaps (including 

immediate submission of asbestos 

reports), remove the naturally occurring 

and byproduct exemptions, lower the 

reporting threshold, require reporting by 

processors, and eliminate the ability to 

claim information as confidential, in 

order to maximize the information 

reported to aid the Agency in 

conducting the ongoing TSCA section 6 

risk evaluation of asbestos and 

subsequent TCSA Section 6(a) risk 

management rule (see Unit II.C.3. for 

more information). EPA denied the 

petitions on December 21, 2018, and 

April 30, 2019, respectively, and issued 

associated explanations for the denials 

in the Federal Register on February 12, 

2019 (84 FR 3396) (FRL–9988–56) and 

May 8, 2019 (84 FR 20062) (FRL–9992– 

67), respectively, asserting that the 

petitioners failed to demonstrate that it 

is necessary to amend the CDR rule. 

EPA’s denial was also in part due to a 

timing issue with the asbestos risk 

evaluation. Petitioners filed lawsuits on 

February 18, 2019, and June 28, 2019, 

respectively, in the U.S. District Court 

in the Northern District of California, 

reiterating concerns about the need to 

amend the CDR rule to increase asbestos 

reporting. Asbestos Disease Awareness 

Organization v. EPA, No. 19–CV–00871; 

State of California et al. v. EPA, No. 19– 

CV–03807. The cases were consolidated. 

On December 22, 2020, after full 

briefing and oral argument, the Court 

issued an opinion granting summary 

judgment to Plaintiffs and denying 

summary judgment to EPA. 

Following the litigation, EPA reached 

an agreement with the Plaintiffs on June 

7, 2021. The parties agreed that no later 

than nine months from the effective date 

of the agreement (Ref. 13), EPA will sign 

for publication in the Federal Register, 

a notice of proposed action to 

promulgate a rule pursuant to TSCA 

section 8(a), 15 U.S.C. 2607(a), for the 

maintenance of records and submission 

to EPA of reports by manufacturers 

(including importers) and processors of 

asbestos (including asbestos that is a 

component of a mixture), and articles 

containing asbestos (including as an 

impurity) that address the informationgathering deficiencies identified in the 

Court’s Summary Judgment Order. 

Additionally, the parties agreed that no 

later than eighteen months from the 

effective date of the agreement (Ref. 13), 

EPA will sign for publication in the 

Federal Register a notice of final action 

regarding the proposed TSCA section 

8(a) rule. 

5. TSCA Risk Evaluation for Asbestos 

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 nonrisk factors, including an unreasonable 

risk to potentially exposed or 

susceptible subpopulations identified as 

relevant by the Agency, under the 

conditions of use. (15 U.S.C. 

2605(b)(4)(A)). 

EPA is developing the TSCA Risk 

Evaluation on asbestos in two parts. In 

December 2020, EPA released the TSCA 

Risk Evaluation for Asbestos Part 1: 

Chrysotile Asbestos (Ref. 6), which 

determined that chrysotile asbestos 

presents an unreasonable risk of injury 

to health based upon the following 

conditions of use: Processing and 

industrial use of chrysotile asbestos 

diaphragms in the chlor-alkali industry; 

processing and industrial use of 

chrysotile asbestos-containing sheet 

gaskets in chemical production; 

industrial use and disposal of chrysotile 

asbestos-containing brake blocks in the 

oil industry; commercial use and 

disposal of aftermarket automotive 

chrysotile asbestos-containing brakes/ 

linings; commercial use and disposal of 

other chrysotile asbestos-containing 

vehicle friction products; commercial 

use and disposal of other asbestoscontaining gaskets; consumer use and 

disposal of aftermarket automotive 

chrysotile asbestos-containing brakes/ 

linings; and consumer use and disposal 

of other asbestos-containing gaskets. 

EPA initially focused the risk 

evaluation for asbestos on chrysotile 

asbestos as this is the only asbestos type 

that EPA believes is currently imported, 

processed, or distributed in the U.S. 

EPA informed the public of this 

decision to focus on ongoing uses of 

asbestos and exclude legacy uses and 

associated disposals in the Scope of the 

Risk Evaluation for Asbestos document, 

published in June 2017 (Ref. 14). 

However, in late 2019, the court in Safer 

Chemicals, Healthy Families v. EPA, 

943 F.3d 397, 426–27 (9th Cir. 2019) 

held that EPA’s Risk Evaluation Rule 

(82 FR 33726, July 20, 2017) (FRL– 

9964–38) should not have excluded 

‘‘legacy uses’’ (i.e., uses without ongoing 

or prospective manufacturing (including 

importing), processing, or distribution) 

or ‘‘associated disposals’’ (i.e., future 

disposal of legacy uses) from the 

definition of conditions of use, although 

the court did uphold EPA’s exclusion of 

‘‘legacy disposals’’ (i.e., past disposal). 

Following this court ruling, EPA 

continued development of the risk 

evaluation for chrysotile asbestos and 

determined that the complete TSCA 

Risk Evaluation for Asbestos would be 

issued in two parts. The TSCA Risk 

Evaluation for Asbestos Part 1: 

Chrysotile Asbestos was released in 

December 2020, allowing the Agency to 

expeditiously move into risk 

management for the unreasonable risk 

identified in Part 1. 

EPA is currently conducting the 

TSCA Risk Evaluation for Asbestos Part 

2: Supplemental Evaluation Including 

Legacy Uses and Associated Disposals 

of Asbestos. EPA intends to include in 

Part 2 of the risk evaluation the legacy 

uses and associated disposal of asbestos. 

For the purposes of scoping and risk 

evaluation, EPA has adopted the 

definition of asbestos as defined by 

TSCA Title II (added to TSCA in 1986), 

section 202 definition as the 

‘‘asbestiform varieties of six fiber 

types—chrysotile (serpentine), 

crocidolite (riebeckite), amosite 

(cummingtonite-grunerite), 

anthophyllite, tremolite or actinolite,’’ 

The TSCA Title II definition identified 

five amphibole types of asbestos 

(crocidolite, amosite, anthophyllite, 

tremolite, and actinolite) plus a 

serpentine type (chrysotile). Part 2 will 

also consider Libby Amphibole 

Asbestos as well as asbestos present as 

an impurity in talc and other 

substances. EPA expects that the data 

collected from this proposed rule will 


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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). 

D. How will EPA use the information 

proposed to be collected? 

Reported information would be used 

by EPA and other Federal agencies in 

considering potential actions on 

asbestos, including EPA’s TSCA risk 

evaluation and risk management 

activities. Reporting requirements may 

provide EPA with baseline information 

needed to assess whether certain 

‘‘conditions of use’’ of asbestos pose an 

unreasonable risk to health or the 

environment under TSCA section 6(b). 

EPA must consider reasonably available 

information as part of the risk 

evaluation process under TSCA section 

6(b), and as part of any subsequent risk 

management rulemaking efforts under 

TSCA section 6(a). Reported 

information would be useful in the risk 

management stage because EPA would 

consider potential risk management 

actions taking into account relevant 

information obtained through this 

rulemaking. Understanding the health 

risks of asbestos and protecting the 

public, including potentially exposed or 

susceptible subpopulations, from these 

risks is a priority for EPA. 

As part of the risk evaluation process 

under TSCA section 6(b), EPA must 

determine whether asbestos presents an 

unreasonable risk of injury to health or 

the environment, without consideration 

of costs or other non-risk factors, 

including unreasonable risk to relevant 

potentially exposed or susceptible 

subpopulations, under the conditions of 

use. EPA must also use scientific 

information and approaches in a 

manner that is consistent with the 

requirements in TSCA for the best 

available science, and ensure decisions 

are based on the weight of scientific 

evidence. See TSCA section 26(h) and 

(i), 15 U.S.C. 2625(h) and (i). In order to 

follow this framework, EPA shall take 

into consideration reasonably available 

information to inform the Part 2 risk 

evaluation. Data collected by this rule 

could help to fill potential data gaps 

that EPA may have for asbestos that 

could better inform Part 2 of the 

asbestos risk evaluation. Following risk 

evaluation, TSCA mandates that EPA 

take action if the Agency determines 

that asbestos presents unreasonable risk 

of injury to health or the environment. 

EPA needs to ensure that sufficient 

information is reasonably available on 

the uses and trends of asbestos activities 

to develop a risk management rule that 

eliminates the unreasonable risk. The 

information collected in this rulemaking 

may be available to support the Part II 

risk evaluation and the final risk 

evaluation document expected by 

December 1, 2024. Additionally, the 

information collected in this rulemaking 

will help inform risk management 

following the risk evaluation process. 

For these reasons, EPA believes that 

the reporting and recordkeeping 

requirements proposed in this 

document are reasonable. See TSCA 

section 8(a)(1)(A). 

III. Summary of Proposed Reporting 

and Recordkeeping Requirements 

A. What chemical substances would be 

reportable under this rule? 

EPA is proposing to require the 

reporting of information on specific 

asbestos forms, or if specific information 

is not known or reasonably 

ascertainable, reporting on ‘‘asbestos’’ as 

it is more generally listed on the TSCA 

Inventory. EPA is also proposing to 

require the reporting of information 

related to asbestos as it is manufactured 

(including imported) or processed in 

bulk, as a component of a mixture, in an 

article, or as an impurity in bulk 

materials or products. 

See Units III.A.2 and 3 for more 

details. 

1. Asbestos Forms 

EPA is proposing to obtain 

manufacturing (including importing) 

and processing information associated 

with the following different asbestos 

forms, and therefore is proposing to 

require that reporting be completed for 

each of the forms, to the extent that the 

information is known or reasonably 

ascertainable. If the specific asbestos 

type is unknown, a submitter would 

provide information under the general 

asbestos form (CASRN 1332–21–4). See 

Unit II.B. for more information about 

what is considered asbestos: 

• Asbestos—CASRN 1332–21–4; 

• Chrysotile—CASRN 132207–32–0; 

• Crocidolite—CASRN 12001–28–4; 

• Amosite—CASRN 2172–73–5; 

• Anthophyllite—CASRN 77536–67– 

5; 

• Tremolite—CASRN 77536–68–6; 

• Actinolite—CASRN 77536–66–4; 

• Libby Amphibole Asbestos— 

CASRN not applicable (mainly 

consisting of tremolite [CASRN 77536– 

68–6], winchite [CASRN 12425–92–2], 

and richterite [CASRN 17068–76–7]). 

2. Asbestos as an Impurity 

Impurity means a chemical substance 

which is unintentionally present with 

another chemical substance (40 CFR 

704.3). Asbestos may occur naturally as 

an impurity in other products such as 

talc, vermiculite, and potentially other 

substances. These products are 

distributed and used in commerce in the 

United States. For example, talc, a 

hydrous magnesium silicate mineral, is 

used in a wide variety of applications. 

Talc deposits can contain asbestos as an 

impurity that poses a risk to human 

health (Ref. 15). If all other reporting 

conditions are met, these products 

would be subject to reporting under this 

rule. 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. 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. 

3. Articles Containing Asbestos 

This rule would require reporting on 

articles containing asbestos (including 

as an impurity). An ‘‘article’’ is defined 

in 40 CFR 704.3 as ‘‘a manufactured 

item (1) which is formed to a specific 

shape or design during manufacture, (2) 

which has end-use function(s) 

dependent in whole or in part upon its 

shape or design during end use, and (3) 

which has either no change of chemical 

composition during its end use or only 

those changes of composition which 

have no commercial purpose separate 

from that of the article, and that result 

from a chemical reaction that occurs 

upon end use of other chemical 

substances, mixtures, or articles; except 

that fluids and particles are not 

considered articles regardless of shape 

or design.’’ EPA proposes to collect 

more data on imported articles 

containing asbestos; this data could 

inform Part 2 of the TSCA Risk 

Evaluation for Asbestos where EPA will 

determine and then evaluate the 

relevant conditions of use of such 

articles containing asbestos. Articles 

included in Part 1 of the TSCA Risk 

Evaluation for Asbestos included brake 

blocks for use in the oil industry, rubber 

sheets for gaskets used to create a 

chemical-containment seal in the 

production of titanium dioxide, certain 

other types of preformed gaskets, and 

some vehicle friction products (Ref. 18); 

EPA is interested in identifying if there 

are other articles or if there is 

information about specific forms of 

asbestos in these articles. 


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4. Asbestos That Is a Component of a 

Mixture 

Under TSCA section 3(10) (15 U.S.C. 

2602(10)), the term ‘‘mixture’’ means 

any combination of two or more 

chemical substances if the combination 

does not occur in nature and is not, in 

whole or in part, the result of a chemical 

reaction; except that such term does 

include any combination which occurs, 

in whole or in part, as a result of a 

chemical reaction if none of the 

chemical substances comprising the 

combination is a new chemical 

substance and if the combination could 

have been manufactured (including 

imported) for commercial purposes 

without a chemical reaction at the time 

the chemical substances comprising the 

combination were combined. EPA 

proposes to collect data on asbestos in 

circumstances where it is a component 

of a mixture to inform Part 2 of the 

TSCA Risk Evaluation for Asbestos. In 

the Part 2 Evaluation, EPA will 

determine the relevant conditions of use 

of asbestos in talc; EPA will use the 

results to evaluate asbestos exposures 

and associated risks. 

Legislative history affirms that EPA 

can conduct risk evaluations on a 

chemical substance when the substance 

is present as a component of a mixture 

(See Senate Congressional Record, 

S3511, June 7, 2016): ‘‘In section 6(b) of 

TSCA, as amended by the Frank R 

Lautenberg Chemical Safety for the 21st 

Century Act, EPA is directed to 

undertake risk evaluations on chemical 

substances in order to determine 

whether they pose an unreasonable risk 

to health or the environment. 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 

definition of ‘conditions of use’ . . . 

plainly covers all uses of a chemical 

substance, including its incorporation in 

a mixture, and thus would clearly 

enable and require, where relevant, EPA 

to evaluate the risks of the chemical 

substance as a component of a mixture.’’ 

B. Will small businesses need to report? 

Although TSCA section 8(a)(1) 

provides an exemption for small 

manufacturers (including importer) and 

processors, TSCA section 8(a)(3) enables 

EPA to require small manufacturers 

(including importers) and processors to 

report pursuant to TSCA section 8(a) 

with respect to a chemical substance 

that is the subject of a rule proposed or 

promulgated under TSCA sections 4, 

5(b)(4), or 6, an order in effect under 

TSCA sections 4 or 5(e), a consent 

agreement under TSCA section 4, or 

relief that has been granted under a civil 

action under TSCA sections 5 or 7. Six 

of the asbestos types subject to this 

proposal (chrysotile, crocidolite, 

amosite, anthophyllite, tremolite, and 

actinolite) are subject to a TSCA section 

6 rule under the Asbestos Ban and 

Phaseout rule of 1989 (Ref. 1) (40 CFR 

763.160 et seq.) and therefore EPA is 

proposing that these forms of asbestos 

are not eligible for a small manufacturer 

(including importer) or processor 

exemption. Although most of the 

original ban was overturned in 1991 by 

the Fifth Circuit Court of Appeals, a 

portion of the section 6 rulemaking 

remains in effect (See 40 CFR 763.160 

et seq.) Libby Amphibole asbestos, 

however, is not subject to an applicable 

proposed or promulgated rule under 

TSCA sections 4, 5(b)(4), or 6; an order 

under TSCA sections 4 or 5(e); or a 

consent agreement under TSCA section 

4; and is not the subject of relief that has 

been granted under a civil action under 

TSCA section 5 or 7. Therefore, EPA is 

proposing that Libby Amphibole 

asbestos continue to be eligible for such 

an exemption. 

EPA’s experience with TSCA Risk 

Evaluation for Asbestos Part 1: 

Chrysotile Asbestos, indicates that small 

businesses are associated with certain 

identified conditions of use associated 

with asbestos. For some conditions of 

use, EPA identified a single business 

engaged in each of the activities and, in 

two cases, the companies were small 

businesses. In addition, EPA identified 

multiple conditions of use for which it 

was unable to identify a single company 

engaged in the condition of use. Because 

of the low number of companies found 

to be involved in specific conditions of 

use, it is possible that companies 

associated with other conditions of use 

that need to be considered in the Part 2 

TSCA Risk Evaluation, are small 

businesses. 

Because EPA has much less 

information on the activities of small 

businesses, the Agency is concerned 

that certain conditions of use for which 

the Agency lacks detailed information 

may be conducted largely or entirely by 

small businesses. Given EPA’s 

experience and the petitioners’ concerns 

(Refs. 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. As a result, EPA is proposing 

that small businesses—small 

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. 

As discussed previously, at the time 

of this proposal, Libby Amphibole 

asbestos is not the subject of any of the 

activities described in TSCA section 

8(a)(3) (Unit III.B.) and therefore 

manufacturers (including importers) 

and processors of that substance may be 

eligible for a small business exemption. 

EPA proposes to use the small 

manufacturer (including importer) 

definition already established at 40 CFR 

704.3. 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 (i.e., asbestos) 

does not exceed 100,000 pounds at any 

individual plant site. If the annual 

production and importation volume of 

the chemical substance (i.e., asbestos) at 

any individual site owned or controlled 

by the submitter is greater than 100,000 

pounds, the submitter is required to 

report for that particular site unless it 

qualifies as small under the following 

standard. 

• 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 $12 million regardless of the 

quantity of asbestos produced or 

imported. 

The small manufacturer (including 

importer) exemption as written in Small 

manufacturer and Small government 

definitions (40 CFR 704.3) applies to 

domestic manufacturers and importers, 

but does not cover processors. 

Therefore, EPA proposes a definition for 

small processors, functionally identical 

to that established in 40 CFR 704.20— 

Chemical substances manufactured or 

processed at the nanoscale (Ref. 16). 

EPA proposes this definition because it 

is most similar to the small 

manufacturing (including importing) 

definition already promulgated. This 

definition would state: ‘‘Small processor 

means any processor whose total annual 

sales, when combined with those of its 

parent company (if any), are less than 

$12 million.’’ Note that in the nanoscale 

rule, the total annual sales threshold is 

$11 million. EPA increased the 

threshold to $12 million to align with 

the non-volume portion of the TSCA 

small manufacturer definition, which 


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was updated in 2020. The small 

manufacturer definition has a second 

standard that exempts companies on a 

chemical-by-chemical volume basis (i.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 second standard 

would not be appropriate to include in 

the small processor definition because 

the amount of asbestos in products may 

vary drastically. It is also not 

appropriate because EPA is not basing 

reporting requirements on volumes for 

this rule. Thus, the volume of asbestos 

is less applicable as a measure than 

sales. 

EPA requests additional comment on 

how to best provide guidance for small 

processors of Libby Amphibole asbestos. 

C. What is the reporting standard? 

EPA is proposing that this rule would 

use the reporting standard used for 

certain other TSCA section 8(a) 

reporting requirements, including CDR. 

This standard requires that 

manufacturers (including importers) 

and processors report information to the 

extent that the information is known to 

or reasonably ascertainable by the 

manufacturer (including importer) or 

processor (see TSCA section 8(a)(2)). 

‘‘Known to or reasonably ascertainable 

by’’ includes ‘‘all information in a 

person’s possession or control, plus all 

information that a reasonable person 

similarly situated might be expected to 

possess, control, or know’’ (40 CFR 

704.3). This reporting standard requires 

reporting entities to evaluate their 

current level of knowledge of their 

manufactured products (including 

imports) or processed products, as well 

as evaluate whether there is additional 

information that a reasonable person, 

similarly situated, would be expected to 

know, possess, or control. This standard 

carries with it an exercise of due 

diligence, and the information-gathering 

activities that may be necessary for 

manufacturers (including importers) 

and processors to achieve this reporting 

standard may vary from case-to-case. 

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). This standard 

may also entail inquiries outside the 

organization to fill gaps in the 

submitter’s knowledge. Such activities 

may, though not necessarily, include 

phone calls or email inquiries to 

upstream suppliers or downstream users 

or employees or other agents of the 

manufacturer (including importer) or 

processor, including persons involved 

in the research and development, 

import or production, or marketing of 

asbestos. 

Examples of types of information that 

are considered to be in a manufacturer’s 

(including importer’s) or processor’s 

possession or control, or that a 

reasonable person similarly situated 

might be expected to possess, control, or 

know include: Files maintained by the 

manufacturer (including importer) or 

processor such as marketing studies, 

sales reports, or customer surveys; 

information contained in standard 

references showing use information or 

concentrations of chemical substances 

in mixtures, such as a Safety Data Sheet 

(SDS) or a supplier notification; and 

information from the Chemical 

Abstracts Service (CAS) or from Dun & 

Bradstreet (D–U–N–S). This information 

may also include knowledge gained 

through discussions, conferences, and 

technical publications. 

EPA has provided CDR reporting 

guidance materials on this reporting 

standard, including hypothetical 

examples of applying the ‘‘known to or 

reasonably ascertainable by’’ reporting 

standard in the context of collecting 

processing and use data for CDR, which 

would be instructive for reporting under 

this rule as well (Ref. 9). Therefore, EPA 

anticipates some submitters under this 

proposed rule will be familiar with this 

reporting standard, and resources are 

available to support those submitters 

who may not be familiar with the 

standard. 

EPA acknowledges that it is possible 

that a manufacturer (including importer) 

or processor, particularly an importer of 

articles containing asbestos (including 

as an impurity), may not have 

knowledge that they have imported 

asbestos and thus not report under this 

rule, even after they have conducted 

their due diligence under this reporting 

standard as described previously. Such 

an importer should document its 

activities to support any claims it might 

need to make related to due diligence. 

In the event that a manufacturer 

(including importer) or processor does 

not have actual data (e.g., measurements 

or monitoring data) to report to EPA, the 

manufacturer (including importer) or 

processor would be required to make 

‘‘reasonable estimates’’ of such 

information. ‘‘Reasonable estimates’’ 

may rely, for example, on approaches 

such as mass balance calculations, 

emissions factors, or best engineering 

judgment. 

D. When would reporting be required? 

This proposed rule would result in a 

one-time reporting obligation. EPA 

proposes reporting for persons who 

have manufactured (including 

imported) or processed asbestos at any 

time during the four complete calendar 

years prior to the effective date of the 

final rule. EPA anticipates that the four 

calendar years would be 2019 to 2022. 

These entities would report to EPA 

during a three-month submission 

period, which EPA proposes would 

begin six months following the effective 

date of the final rule. Therefore, 

manufacturers (including importers) 

and processors would have up to nine 

months following the effective date of 

the final rule to collect and submit all 

required information to EPA. 

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. Since this 

TSCA section 8(a) reporting rule would 

result in the collection of similar 

information to that collected under 

CDR, EPA anticipates some submitters 

would be familiar with the types of 

information requested and how to 

report. EPA believes that three months 

would be adequate time for 

submissions, in addition to the sixmonth period between the effective date 

and the start of the submission period. 

EPA is asking for public comment on 

the submission period start date and 

duration (see Unit IV.), as well as 

alternative compliance timelines for 

small businesses. 

E. How would information be reported? 

EPA is proposing different reporting 

requirements based on a two-part 

knowledge-based reporting approach in 

order to obtain as complete a picture as 

possible of the manufacturing 

(including importing), processing, and 

use of asbestos. Because asbestos can be 

included in small quantities in some 

products, having a threshold 

concentration for reporting would be 

expected to eliminate much of the 

information that may be useful to 

support EPA’s TSCA risk evaluation and 

risk management efforts. Therefore, EPA 

is proposing that reporting would be 

required whenever the presence of 

asbestos is known or reasonably 

ascertainable. 

However, EPA is also aware that there 

may be circumstances under which a 

manufacturer (including importer), or 

processor is unable to provide a reliable 

quantity of the asbestos in their 

products because the percentage of 

asbestos in their products is not known 

or reasonably ascertainable by them. For 

those situations, EPA is proposing a 


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short form (Form A) for attestation 

purposes. For other situations, 

submitters that can determine or 

estimate the quantity would provide 

more detailed information in the full 

form (Form B). EPA anticipates that 

most submitters would know or be able 

to estimate the quantity of the asbestos 

and would complete the full form. 

1. Determining the Need To Report 

Using Form A 

For entities that are aware of asbestos 

in their product, but unable to 

determine or estimate the quantity 

manufactured (including imported) or 

processed, submitters would provide a 

subset of the information required on 

Form B. This subset would consist of 

information related to manufacturing 

(including importing) or processing 

asbestos, including as an impurity, in an 

article, or as a component of a mixture, 

and information about the employees 

involved with such activities. 

One of the goals of this rule is to 

ensure EPA has a complete picture of 

the status of asbestos in the U.S. 

Therefore, EPA is proposing a reporting 

approach that would ensure that even 

circumstances where asbestos appears 

in smaller or unknown quantities are 

captured. Some entities manufacturing 

(including importing) or processing 

asbestos as a component of a mixture or 

articles containing asbestos (e.g., the 

importers of articles), may be aware of 

asbestos in their products but unable to 

determine or estimate the quantity of 

the asbestos for reporting purposes. 

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. 

For a more detailed discussion of the 

data elements, please see Unit III.F. EPA 

anticipates that Form A will be the less 

common option of the two reporting 

forms. 

2. Determining the Need To Report 

Using Form B 

EPA proposes that if a quantity of 

asbestos in a product is known to or 

reasonably ascertainable by the 

submitter then the submitter must 

provide the more detailed reporting 

information required by Form B. For 

example, if submitters are able to 

determine that their quantity is close to 

25 pounds (or another quantity value), 

they would be required to report using 

Form B. 

Form B would require specific 

quantity information per asbestos type, 

more detailed processing information, 

and employee information (including 

employee exposure information). EPA is 

requesting public comments on whether 

other information, such as waste and 

disposal information, should be 

reported. For a more detailed discussion 

on specifics included in Form B, see 

Unit III.C.2. 

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 (e.g., a 

certain percentage of asbestos in the 

product) or annual volume-based (e.g., 

the total volume of asbestos 

manufactured [including imported] or 

processed). In addition, EPA is 

requesting comment on whether any 

submitter under the threshold should 

alternatively report using Form A. 

Having a threshold for Form B but 

reporting using Form A for entities 

under the reporting threshold may 

decrease burden on certain submitters 

while still allowing EPA to obtain 

information on all instances where 

asbestos is a component of a mixture 

and all articles with known asbestos 

content. Asbestos can occur naturally as 

impurities in other products that may be 

handled in very large volumes, such as 

talc, vermiculite, and potentially other 

substances. A de minimis concentration 

could reduce the compliance 

determination and reporting burdens. 

Comments suggesting threshold levels 

should include the justification for that 

particular level. 

F. What information would be reported 

in Form A and Form B? 

EPA is proposing certain information 

to be reported in either Form A or Form 

B. Unit III.E. describes how to choose 

which form to use for reporting. This 

unit provides a more in-depth overview 

of the information to be reported. 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. Form A is a 

subset of Form B. If a data element is 

included in Form B only, it is indicated 

by ‘‘(Form B only)’’ following the name 

of the data element. 

1. Respondent Identification 

Information 

EPA is proposing that both Form A 

and B will include information 

associated with identifying the 

respondent company and site and 

information about contacts at the 

company or site who can respond to any 

clarifying or other follow up questions. 

Specifically, EPA is proposing that 

submitters report the following 

information (proposed 40 CFR 

704.180(e)(3)): 

• U.S. Parent Company Information; 

• Authorized Official Contact 

Information; 

• Technical Contact Information; and 

• Site Information (including NAICs 

codes and total number of employees at 

site). 

In addition, submitters would identify 

the activity for which they are reporting, 

selecting from the list provided in 

proposed 40 CFR 704.180(e)(4)(i). If 

more than one activity applies, the 

submitter would indicate all that apply. 

Each activity and the associated data 

elements are described in the remainder 

of this Unit. 

2. Mined, Milled, or Imported Bulk 

Asbestos or Bulk Materials Containing 

Asbestos, Including as an Impurity 

An asbestos mine or mill is an entity 

that either mines or mills asbestos. 

Mined or extracted asbestos-containing 

ore is further milled to produce bulk 

asbestos. Milling involves the separation 

of the fibers from the ore, grading and 

sorting the fibers, or fiberizing crude 

asbestos ore. An importer of Bulk 

Asbestos imports bulk asbestos into the 

customs territory of the U.S. EPA 

anticipates that companies that are 

mining, milling, or importing bulk 

asbestos will report using Form B, 

because the volume of asbestos is likely 

to be known or reasonably ascertainable 

by them. 

For companies that are mining, 

milling, or importing talc, vermiculite, 

or another bulk material where asbestos 

can be found as an impurity, EPA 

anticipates that they would report using 

either Form A or Form B, based upon 

their knowledge of the amount of 

asbestos in their bulk material. 

Specifically, EPA is proposing that 

sites involved in mining, milling, or 

importing asbestos or bulk materials 

containing asbestos report certain 

information associated with those 

activities, as listed in proposed 40 CFR 

704.180(e)(4)(ii) and (iii), and (e)(5). All 

submitters would report the applicable 

asbestos form associated with the 

mining, milling, or importing activity. 

a. Bulk asbestos. In addition, EPA is 

proposing that sites involved in mining, 

milling, or importing bulk asbestos, for 

each asbestos type and for each year, 

report the quantity of asbestos and the 

disposition of asbestos. Table 3 in 

proposed 40 CFR 704.180(e)(4)(ii)(B) 

provides a list of dispositions from 

which to select, including: Used on site, 

sent to another U.S. site, exported, or 


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disposed of. EPA is proposing that a site 

selecting ‘‘Disposed of within the U.S.’’ 

would provide additional explanation to 

indicate the quantity and type of 

disposal (e.g., disposed in a landfill). 

b. Bulk materials containing asbestos. 

EPA is proposing that sites involved in 

mining, milling, or importing bulk 

materials containing asbestos also report 

the type of bulk material that is 

manufactured (including imported) or 

processed, and for each type of bulk 

material and year, report: 

• 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 

• The disposition of the bulk material 

as described in Unit III.F.2.a. 

3. Primary Processors of Asbestos (Bulk 

Processing Material, Other Than 

Milling), Including as an Impurity 

A primary processor starts with bulk 

asbestos or bulk materials containing 

asbestos and makes a mixture that 

contains asbestos. A primary processor 

may simply mix or repackage different 

types or sizes of fibers and then sell that 

product. Mixtures that contain asbestos 

are products to which asbestos has been 

intentionally added and which can be 

used or processed further and 

incorporated into other products. For 

example, asbestos cement, asbestos 

paper, and asbestos-reinforced plastics 

are instances where asbestos is 

contained in a mixture. Primary 

processors are defined in the proposed 

40 CFR 704.180(a), a definition adapted 

from the definition of primary processor 

in the 1982 Asbestos Reporting 

Requirements Rule (see Unit II.C.1.). 

EPA anticipates that primary 

processors starting with bulk asbestos 

are more likely to report using Form B 

while those starting with bulk materials 

containing asbestos may report using 

either Form A or Form B. 

EPA is proposing that primary 

processors report, for each year, the total 

quantity of asbestos processed (Form B 

only) and the end product type (selected 

from Table 4 in proposed 40 CFR 

704.180(e)(4)(iv)(B)). For each product 

type, report by year: 

• The most specific identity of 

asbestos (Form B only); 

• The total annual production 

quantity of end product, using the unit 

of measure as listed in Table 4 in 

proposed 40 CFR 704.180(e)(4)(iv)(B); 

• The percentage of asbestos in the 

end product (Form B only); 

• If the asbestos content is an 

impurity, how you know about the 

presence, amount, and type of asbestos 

(i.e., do you have test results (provide 

the results), how often is testing 

conducted, other methods for 

identifying the asbestos content); and 

• The disposition of the end product 

(Form B only) as described in Unit 

III.F.2.a. 

4. Secondary Processor Production 

(Processing Asbestos When a 

Component of a Mixture and Articles 

Containing Asbestos), Including as an 

Impurity 

Secondary processors are those who 

start with asbestos when it is a 

component of a mixture and incorporate 

the mixture into their own products. For 

example, persons who fabricate asbestos 

cement sheet by cutting the sheet to 

make an electrical switch board, or 

persons who make garments by cutting 

an asbestos-containing textile, are 

secondary processors. Secondary 

processors are defined in the proposed 

40 CFR 704.180(a), a definition adapted 

from the definition of primary processor 

in the 1982 Asbestos Reporting 

Requirements Rule (see Unit II.C.1.). 

EPA anticipates that secondary 

processors may report using either Form 

A or Form B. EPA is proposing that 

secondary processors report, for each 

year, the total quantity of asbestos 

processed (Form B only) and the end 

product type (selected from Table 4 in 

proposed 40 CFR 704.180(e)(4)(iv)(B)). 

For each product type, report by year: 

• The most specific identity of 

asbestos and the quantity of asbestos 

(Form B only); 

• The total annual production 

quantity of end product, using the unit 

of measure as listed in Table 4 in 

proposed 40 CFR 704.180(e)(4)(iv)(B); 

• The percentage of asbestos in the 

end product (Form B only); 

• If the asbestos content is an 

impurity, how you know about the 

presence, amount, and type of asbestos 

(i.e., do you have test results [provide 

the results], how often is testing 

conducted, other methods for 

identifying the asbestos content); and 

• The disposition of the end product 

(Form B only) as described in Unit 

III.F.2.a. 

5. Importation of Asbestos as a 

Component of a Mixture or Articles 

That Contain Asbestos, Including as an 

Impurity 

An importer of asbestos contained in 

a mixture or articles that contain 

asbestos, including as an impurity, 

imports these substances into the 

customs territory of the U.S. 

EPA anticipates that an importer of 

products may report using either Form 

A or Form B. EPA is proposing that 

importers report, for each year, the total 

quantity of asbestos processed (Form B 

only) and the imported product type 

(selected from Table 4 in proposed 40 

CFR 704.180(e)(4)(iv)(B)). For each 

product type, report by year: 

• Whether the imported product 

including asbestos is contained in a 

mixture or a part of an article; 

• The most specific identity of 

asbestos and the quantity of asbestos 

(Form B only); 

• The total annual import quantity of 

the imported product, using the unit of 

measure as listed in Table 4 of proposed 

40 CFR 704.180(e)(4)(iv)(B); 

• The percentage of asbestos in the 

imported product (Form B only); 

• Information about how you know 

about the presence, amount, and type of 

asbestos (i.e., do you have test results 

(provide the results), how often is 

testing conducted, other methods for 

identifying the asbestos content); and 

• The disposition of the imported 

product (Form B only) as described in 

Unit III.F.2.a. 

6. Employee Information 

For each activity reported, EPA is 

proposing that submitters also report 

certain information about the number of 

employees involved with the activity. 

Specifically, EPA is proposing that 

submitters report the number of 

employees associated with the activity, 

whether personal protective equipment 

was used and, if yes, the type of 

equipment used, and any workplace 

exposure measurement assessments 

such as monitoring data. When 

supplying the measurement assessment 

data, also include information about 

how the assessment was conducted and 

other explanations to help EPA better 

understand and use the data. 

G. Did EPA consider additional data 

elements for the proposal? 

When evaluating which data elements 

to include in this proposal, EPA also 

considered potentially requiring 

reporting on additional information 

related to current employee exposures, 

wastewater treatment, disposal 

information, and customer sites. EPA 

presently believes the additional 

information might be useful for a more 

in-depth analysis of the potential 

exposures associated with asbestos. 

However, EPA also presently believes 

that the proposed data elements 

described in Unit III.F. would provide 

sufficient information for use by EPA 

and other Federal agencies in potential 

actions involving asbestos, including 


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EPA’s TSCA risk evaluation and risk 

management activities. 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. 

EPA is seeking public comment on 

whether any additional data 

(particularly, information related to 

current employee exposures, wastewater 

treatment information, additional 

disposal information, and customer 

sites) should be added as required data 

elements on Form B. 

1. Employee Data 

EPA considered collecting a more 

detailed breakdown of the number and 

types of employees by work category. 

This information would enable the 

agency to consider exposures to 

employees conducting different types of 

work at a site, including those 

conducting production, shipping or 

receiving, maintenance, waste 

management, or other activities. 

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.), levels of 

detection and non-detectable 

measurements, and descriptions of 

sampling and analysis, such as sampling 

and analytical chemistry methods. 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. 

2. Wastewater Discharge and Waste 

Disposal Data 

EPA considered collecting 

information related to asbestos or 

asbestos-containing discharges, 

including releases, wastes, and disposal 

data. These data included a description 

of any discharges, such as to water or to 

off-site public treatment facilities, and 

descriptions of solids disposal, such as 

to land-based facilities. Wastewater 

related information included volumes of 

wastewater, amount of asbestos in the 

wastewater, on-site treatment methods 

(if any), National Pollutant Discharge 

Elimination System (NPDES) permit 

numbers and copies of reports, transport 

to off-site treatment, and removed solids 

management. General waste and 

disposal information included the 

identity of the end product being 

disposed, the form of the waste, the 

quantity of asbestos in the waste, the 

type of land disposal facility (e.g., 

impoundment, waste pile, landfill, 

injection well), and whether the 

disposal is on- or off-site. Note, 

however, that EPA is proposing that a 

site reporting ‘‘Disposed of within the 

U.S.’’ in response to Table 3 would 

provide additional explanation to 

indicate the quantity, address of the 

disposal facility, and type of disposal 

(e.g., disposed in a landfill). EPA 

believes this level of reporting on waste 

disposal data is sufficient for purposes 

of this data collection. 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 additional data 

elements related to wastewater 

discharge and waste disposal in this 

proposed rule beyond the disposal 

explanation that would be included in 

response to reporting ‘‘Disposed of 

within the U.S.’’ in response to Table 3. 

3. Air Emissions Data 

EPA considered collecting 

information related to air emissions at 

facilities that manufacture (including 

import) or process asbestos or asbestoscontaining mixtures and products. The 

information included sources of 

emissions, methods of air pollution 

control, descriptions of control devices, 

and pollution control equipment 

operation and testing frequency and 

methods. 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 data 

elements in this proposed rule. 

4. Customer Sites Data 

EPA also considered requiring 

additional information about the 

number of customers respondents have. 

As proposed, this action would only 

collect information about asbestos 

manufacturers (including importers) 

and processors. Additional customer 

information from companies selling a 

product could be useful in 

understanding the universe of asbestos 

users. For the reasons described 

previously, EPA is not including 

reporting on these additional employee 

data elements in this proposed rule, 

however, EPA is requesting comment on 

requiring manufactures (including 

importers) and processors of asbestos 

that are selling a product that contains 

asbestos to report the number of 

customer sites they have. 

H. How would information be submitted 

to EPA? 

EPA is proposing to require electronic 

reporting similar to the requirements 

established in 2013 for submitting other 

information under TSCA (see 40 CFR 

704.20(e)). EPA is proposing to require 

submitters to use EPA’s CDX (Central 

Data Exchange), the Agency’s electronic 

reporting portal, for all reporting under 

this rule. In 2013, EPA finalized a rule 

to require electronic reporting of certain 

information submitted to the Agency 

under TSCA sections 4, 5, 8(a), and 8(d) 

(78 FR 72818) (FRL–2013–28510). The 

final rule followed two previous rules 

requiring similar electronic reporting of 

information submitted to EPA for TSCA 

CDR and for premanufacture notices 

(PMNs). In proposing to require similar 

electronic reporting under this rule, 

EPA expects that electronic reporting 

would save time, improve data quality, 

and increase efficiencies for both the 

submitters and the Agency. 

EPA developed the Chemical 

Information Submission System (CISS) 

for use in submitting data electronically 

to the Agency for TSCA sections 4, 5, 6, 

8(a), 8(b), 8(d), 8(e), and Title VI. CISS, 

a web-based reporting tool housed 

within the CDX environment, provides 

submitters with user-friendly 

applications to build and submit data 

packages to EPA within a secure, 

encrypted environment. CISS 

applications provide for the capture of 

both fielded data as well as the 

attachment of additional information 

using a wide variety of file types. 

Submitted information is rendered into 

PDF and XML formats, which are 

provided to submitters in the form of a 

Copy of Record. 

EPA is proposing to require 

submitters to follow the same 

submission procedures used for other 

TSCA submissions, i.e., to register with 

EPA’s CDX and use CISS to prepare a 

data file for submission. Registration 

enables CDX to authenticate user 

identity. To submit electronically to 

EPA via CDX, individuals must first 

register with CDX at http://cdx.epa.gov/. 

To register in CDX, the CDX registrant 

(also referred to as ‘‘Electronic Signature 

Holder’’ or ‘‘Public/Private Key 

Holder’’) agrees to the Terms and 

Conditions, provides information about 

the submitter and organization, selects a 

username and password, and follows 

the procedures outlined in the guidance 

document for CDX available at https:// 

cdx.epa.gov/FAQ#CSPP. 

Within CDX, CISS is available under 

the ‘‘Submission for Chemical Safety 

and Pesticide Program (CSPP)’’ CDX 

flow. Users who have previously 

submitted under TSCA through CDX, 

including submitting information under 

TSCA sections 4 and 5, CDR, or 

reporting under the TSCA Inventory 

Notification (Active-Inactive) 


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Requirements rule (82 FR 37520, Aug. 

11, 2017) (FRL–9964–22), will already 

have the CSPP flow linked to their 

account. Users reporting to EPA using 

other CDX housed applications, 

including the Toxics Release Inventory 

TRI–MEweb, would be able to add the 

CSPP flow to their existing CDX 

accounts. 

All submitters would be required to 

use CISS to prepare their submissions. 

CISS guides users through a ‘‘hands-on’’ 

process of creating an electronic 

submission. Once a user completes the 

relevant data fields and attaches 

appropriate PDF files, or other file 

types, such as XML files, the web-based 

tool validates the submission by 

performing a basic error check and 

makes sure all the required fields and 

attachments are provided and complete. 

Further instructions for uploading PDF 

attachments or other file types, such as 

XML, and completing metadata 

information would be available through 

CISS reporting guidance. 

CISS also allows the user to choose to 

‘‘Preview,’’ ‘‘Save,’’ or ‘‘Submit’’ the 

data package. Once the submission 

process is initiated, the user is asked to 

certify the information and provide 

requested information to complete the 

submission process. The data package is 

then sent, in an encrypted state, to the 

Agency. The user can login to the 

application and check the submission 

status of their data package. Upon 

successful receipt of the submission by 

EPA, the submission status of the 

submissions will be flagged as 

‘‘Completed’’ and a confirmation email 

will be sent to the submitter’s CDX 

inbox. The CDX inbox is used to notify 

the users when submissions are 

received by EPA or to notify users when 

a submission-specific communication 

has been received and how to locate and 

access the communication. Information 

on accessing the CDX user inbox is 

provided in the guidance document for 

CDX at https://cdx.epa.gov/FAQ#CSPP. 

To access CISS log into CDX using the 

link: https://cdx.epa.gov/ and click on 

the appropriate user role associated 

with the CSPP data flow. For further 

instructions, visit https://www.epa.gov/ 

assessing-and-managing-chemicalsunder-tsca/electronic-reportingrequirements-certain-information. 

Procedures for reporting under this 

proposed rule would be similar. 

EPA believes that electronic reporting 

reduces the reporting burden for 

submitters by reducing the cost and 

time required to review, edit, and 

transmit data to the Agency. It also 

allows submitters to share a draft 

submission within their organization, 

and more easily save a copy for their 

records or future use. Additionally, EPA 

believes that some of the anticipated 

submitters under this proposed rule 

have experience with reporting 

electronically to EPA through CDX. The 

resource and time requirements to 

review and process data by the Agency 

will also be reduced and document 

storage and retrieval will require fewer 

resources. EPA expects to benefit from 

receiving electronic submissions and 

communicating electronically with 

submitters. 

I. How does the rule address claims for 

treatment of confidential information? 

In a separate rulemaking under 

development, EPA plans to propose new 

provisions concerning the assertion and 

treatment of CBI claims for information 

reported to or otherwise obtained by 

EPA under TSCA. Unless otherwise 

stated in specific TSCA regulations 

(such as those proposed here), EPA 

intends the proposed provisions to 

govern how CBI claims made for 

information submitted under TSCA, 

including information submitted under 

this part, will be asserted, reviewed, and 

maintained. 

In this rulemaking, EPA is proposing 

in proposed 40 CFR 704.180(h) that a 

person submitting a reporting form 

under this action may claim some 

information in the form as confidential 

at the time of submission, consistent 

with TSCA section 14. EPA is also 

proposing that certain data elements 

cannot be claimed as confidential: 

• Site NAICS code in proposed 40 

CFR 704.180(e)(3)(v), because it 

represents a general description 

associated with the manufacture 

(including import) or processing of a 

chemical substance. 

• Chemical and bulk material 

identities (as identified in proposed 40 

CFR 704.180(h)(1)(ii)(B)), because the 

chemical identities are listed in the 

asbestos definition in proposed 40 CFR 

704.180(a) or are general identities of 

bulk materials that are already publicly 

known. 

• Responses that are blank or ‘‘not 

known or reasonably ascertainable’’ (as 

identified in proposed 40 CFR 

704.180(h)(1)(ii)(C)) because there is no 

data to claim as confidential. 

• Health and safety study data (as 

identified in proposed 40 CFR 

704.180(h)(1)(ii)(D)), because, under 

TSCA section 14(b)(2), such information 

is not protected from disclosure. Note, 

however, that CBI claims may be 

asserted to the extent that disclosure of 

data from studies would reveal certain 

information as provided in proposed 40 

CFR 704.180(h)(1)(ii)(D)(1)–(3). The 

electronic reporting tool described in 

proposed 40 CFR 704.180(i) enables the 

submitter of a health and safety study 

containing CBI claims to attach a public 

copy of the study, as described in 

proposed 40 CFR 704.180(h)(2)(vi). 

TSCA section 14 also requires that the 

submitter attest to a statement 

concerning the confidential status of the 

information, that they have a reasonable 

basis to conclude that release of the 

information would likely result in 

substantial harm to the competitive 

position of their business and that the 

information is not readily discoverable 

through reverse engineering. The 

submitter must certify that this 

statement and any substantiation 

provided are true and correct. This 

certification statement will be 

incorporated into the electronic 

reporting tool identified in proposed 40 

CFR 704.180(i). 

TSCA section 14(c)(3) further requires 

that substantiation be provided at the 

time a confidentiality claim is asserted. 

However, TSCA section 14(c)(2) 

exempts certain information from that 

substantiation requirement (e.g., specific 

production volume). Under the 

proposed rule, CBI claims for specific 

production or import volumes of the 

manufacturer need not be substantiated, 

as identified in proposed 40 CFR 

704.180(h)(2)(iv). For all other 

information submitted under this 

proposed rule, submitters are required 

to substantiate their confidentiality 

claims at the time of submission. 

Substantiation questions are listed in 

proposed 40 CFR 704.180(h)(2)(iii) and 

will be incorporated into the electronic 

reporting tool identified in proposed 

section 704.180(i). Responses to the 

substantiation questions that are not 

specific to the data element for which a 

claim of confidentiality is being 

substantiated may be inadequate to 

justify confidential protection. 

Any information which is claimed as 

confidential will be disclosed by EPA 

only in accordance with the procedures 

and requirements of TSCA section 14 

and 40 CFR part 2, or any TSCA-specific 

CBI provisions that may in the future 

replace or supplement portions of 40 

CFR part 2. TSCA section 14(b)(2) limits 

confidentiality protections for health 

and safety studies and information from 

health and safety studies regarding 

chemical substances that have been 

offered for commercial distribution, 

except to the extent such studies or 

information reveals ‘‘information that 

discloses processes used in the 

manufacturing (including importing) or 

processing of a chemical substance or 

mixture or, in the case of a mixture, the 

portion of the mixture comprised by any 

of the chemical substances in the 


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mixture’’. Additionally, in some cases 

EPA may consider information 

contained in a study as not part of a 

health and safety study as defined in 

TSCA section 3(8). 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. Submitters asserting a 

confidentiality claim for such 

information in health and safety studies 

(as well as for other information claimed 

as confidential) will be required to 

submit a sanitized copy of the study, 

removing only that information which is 

claimed as confidential. See proposed 

40 CFR 704.180(h)(1)(ii)(D) for 

additional information regarding health 

and safety studies and proposed 40 CFR 

704.180(h)(2)(vi)) regarding public 

copies. 

J. What are the recordkeeping 

requirements? 

EPA is proposing that each person 

who reports under this part must 

maintain records that document 

information reported under this part 

and, in accordance with TSCA, permit 

access to and the copying of such 

records by EPA officials. Consistent 

with the CDR rule, EPA is proposing a 

five-year recordkeeping period, 

beginning on the last date of the 

submission period. The five-year 

retention requirement generally 

corresponds with the statute of 

limitations for TSCA violations. 

Information in this one-time data 

collection will be used by EPA for risk 

evaluation and risk management 

activities, and the companies must 

maintain the records for five years in the 

event that EPA has follow-up questions 

as the agency activities are completed. 

Further, EPA believes the burden of 

retaining these records, which are likely 

electronic, is minimal. 

IV. Request for Comments 

EPA requests comment on the content 

of this proposed rule and the Economic 

Analysis prepared in support of this 

proposed rule (Ref. 2). In addition, EPA 

is providing a list of issues on which the 

Agency is specifically requesting public 

comment. EPA encourages all interested 

persons to submit comments on these 

issues, and to identify any other 

relevant issues as well. 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. EPA requests that 

commenters making specific 

recommendations include supporting 

documentation where appropriate. 

1. EPA is soliciting comment on the 

total number of manufactures (including 

importers) and processors that will be 

impacted by the promulgation of this 

rule, and on the related burden and 

costs for reporting. In addition, due to 

the lack of information on the extent to 

which asbestos occurs as an impurity, 

EPA was unable to determine the 

number of potential manufacturers 

(including importers) or processors of 

asbestos as an impurity that would 

report under this rule. EPA is soliciting 

public comment on the number of 

manufacturers (including importers) 

and processors that may be subject to 

the proposed rule due to the presence of 

impurities in their products, and on the 

related burden and cost for reporting. 

2. As described further in Unit III.B., 

because there is no existing small 

processers definition that would be 

applicable under TSCA section 8(a), 

EPA is requesting comment on how to 

best provide guidance for small 

processors of Libby Amphibole asbestos. 

3. As described further in Unit III.C.2, 

EPA is seeking comment on what 

additional guidance, if any, might be 

useful for helping entities, including 

small businesses, understand the 

reporting standard, as well as to how the 

reporting standard would apply to 

impurities. 

As described further in Unit III.D., 

EPA is requesting public comment on 

the submission start date and duration, 

including for small businesses. 

4. As described further in Unit III.E.2., 

EPA is requesting comment on whether 

there should be a threshold for reporting 

using Form B and, if so, whether the 

threshold should be concentrationbased (e.g., a certain percentage) or 

annual volume-based. In addition, EPA 

is requesting comment on whether any 

submitter under the threshold should 

alternatively report using Form A. 

Having a threshold for Form B may 

decrease burden on certain submitters 

while still allowing EPA to obtain 

information on all bulk materials, 

mixtures, and articles with known 

asbestos content. The substances subject 

to the rule can occur naturally as 

impurities in other products that may be 

handled in very large volumes, such as 

talc, vermiculite, and potentially other 

substances. A de minimis concentration 

could reduce the compliance 

determination and reporting burdens. 

Comments suggesting threshold levels 

should include the justification for that 

particular level. 

5. As described further in Unit III.F. 

and first mentioned in Unit III.F.3., EPA 

is requesting comment on whether there 

should be other end product types listed 

in Table 4 in proposed 40 CFR 

704.180(e)(4)(iv)(B). In addition, EPA is 

interested in whether the units of 

measure listed with the product types 

are appropriate. 

6. As described further in Unit III.G., 

EPA identifies additional data elements 

related to employee data, wastewater 

discharge and waste disposal, air 

emissions data and customer sites data, 

considered for this proposed rule and is 

soliciting public comment on whether 

any of the additional data elements 

should be included in the action. While 

EPA believes the proposed data 

elements in Unit III.F provide sufficient 

information for use by EPA and other 

Federal agencies in potential actions 

involving asbestos, EPA is seeking 

comment on whether any additional 

data elements should be included in 

this action. 

7. As described further in Unit 

III.AC.2, EPA is seeking comment on 

what additional guidance, if any, might 

be useful. 

V. References 

The following is a listing of the 

documents that are specifically 

referenced in this document. The docket 

includes these documents and other 

information considered by EPA, 

including documents that are referenced 

within the documents that are included 

in the docket, even if the referenced 

document is not physically located in 

the docket. For assistance in locating 

these other documents, please consult 

the technical person listed under FOR

FURTHER INFORMATION CONTACT. 

1. EPA. Final Rule; Asbestos: Manufacture, 

Importation, Processing, and Distribution 

in Commerce Prohibitions. Federal 

Register. 54 FR 29460. July 12, 1989. 

(FRL–3476–2). 

2. EPA, OPPT. Economic Analysis for the 

Proposed TSCA Section 8(a) Reporting 

and Recordkeeping Requirements for 

Asbestos. February 4, 2022. 

3. EPA. Learn About Asbestos. EPA website. 

https://www.epa.gov/asbestos/learnabout-asbestos. 

4. EPA. IRIS Toxicological Review of Libby 

Amphibole Asbestos (Final Report). U.S. 

Environmental Protection Agency, 

Washington, DC, EPA/635/R–11/002F, 

2014. https://cfpub.epa.gov/ncea/iris/ 

iris_documents/documents/toxreviews/ 

1026tr.pdf. 


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5. Agency for Toxic Substances and Disease 

Registry (ATSDR). Summary Report: 

Exposure to Asbestos-Containing 

Vermiculite from Libby, Montana, at 28 

Processing Sites in the United States. 

U.S. Department of Health and Human 

Services, Agency for Toxic Substances 

and Disease Registry, Atlanta, GA, 2008. 

https://www.atsdr.cdc.gov/asbestos/ 

sites/national_map/Summary_Report_

102908.pdf and https://hero.epa.gov/ 

hero/index.cfm/reference/details/ 

reference_id/783510. 

6. EPA. Risk Evaluation for Asbestos, Part 1: 

Chrysotile Asbestos. U.S. Environmental 

Protection Agency, Office of Chemical 

Safety and Pollution Prevention 

(OCSPP). Washington, DC, EPA–740– 

R1–8012, 2020. https://www.epa.gov/ 

sites/default/files/2020-12/documents/1_

risk_evaluation_for_asbestos_part_1_

chrysotile_asbestos.pdf. 

7. National Toxicology Program (NTP). 

Asbestos, CAS No. 1332–21–4. In Report 

on Carcinogens (15th ed.).: U.S. 

Department of Health and Human 

Services, Public Health Service, Research 

Triangle Park, NC, 2001. https://

ntp.niehs.nih.gov/ntp/roc/content/ 

profiles/asbestos.pdf. 

8. EPA. Determining If You Are a 

Manufacturer or Importer for Reporting. 

EPA website. https://www.epa.gov/ 

chemical-data-reporting/determining-ifyou-are-manufacturer-or-importerrequired-report. 

9. EPA. Instructions for Reporting 2020 TSCA 

Chemical Data Reporting (pp. 45–47).: 

U.S. Environmental Protection Agency, 

Office of Pollution Prevention and 

Toxics (OPPT) Washington, DC, 2020. 

https://www.epa.gov/sites/default/files/ 

2020-12/documents/instructions_for_

reporting_2020_tsca_cdr_2020-11-25.pdf. 

10. EPA. TSCA Chemical Data Reporting Fact 

Sheet: Articles. U.S. Environmental 

Protection Agency, Office of Pollution 

Prevention and Toxics (OPPT) 

Washington, DC, 2012. https://

www.epa.gov/sites/default/files/ 

documents/articlesfactsheetforcdr_

reporting_080312.pdf. 

11. Asbestos Disease Awareness Organization 

(ADAO), American Public Health 

Association (APHA), Center for 

Environmental Health (CEH), 

Environmental Health Strategy Center 

(EHSC), Environmental Working Group 

(EWG), Safer Chemicals, Healthy 

Families (SCHF) to Andrew Wheeler, 

Administrator, U.S. Environmental 

Protection Agency. Petition under TSCA 

Section 21 to Require Reporting on 

Asbestos Manufacture, Importation and 

Use under TSCA Section 8(a). September 

27, 2018. https://www.epa.gov/sites/ 

default/files/2018-10/documents/adaoasbestos-cdr-petition-all.pdf. 

12. The Attorneys General of Massachusetts, 

California, Connecticut, Hawaii, Maine, 

Maryland, Minnesota, New Jersey, New 

York, Oregon, Pennsylvania, Rhode 

Island, Vermont, Washington, and the 

District of Columbia to Andrew Wheeler, 

Administrator, U.S. Environmental 

Protection Agency. Petition Under TSCA 

Section 21(a) for EPA to Issue an 

Asbestos Reporting Rule to Require 

Reporting under TSCA Section 8(a). 

January 31, 2019. https://www.epa.gov/ 

sites/default/files/2019-02/documents/ 

tsca_section_21_rulemaking_petiton_for_

asbestos_reporting_1_31_2019_2.pdf. 

13. Settlement Agreement, Case Nos. 3:19– 

CV–00871–EMC; 3:19–CV–03807–EMC. 

Asbestos Disease Awareness 

Organization, et al., Plaintiffs, v. U.S. 

Environmental Protection Agency, et al., 

Defendants. June 7, 2021. 

14. EPA. Scope of the Risk Evaluation for 

Asbestos. U.S. Environmental Protection 

Agency, Office of Chemical Safety and 

Pollution Prevention (OCSPP), 

Washington, DC, EPA–740–R1–7008, 

2017. https://www.epa.gov/sites/default/ 

files/2017-06/documents/asbestos_

scope_06-22-17.pdf. 

15. Occupational Safety and Health 

Administration (OSHA). OSHA 

Occupational Chemical Database, Talc 

(Containing Asbestos). United States 

Department of Labor. https://

www.osha.gov/chemicaldata/276. 

16. Chemical Substances When 

Manufactured or Processed as Nanoscale 

Materials; TSCA Reporting and 

Recordkeeping Requirements, 40 CFR 

part 704 (2017). https://

www.federalregister.gov/documents/ 

2017/01/12/2017-00052/chemicalsubstances-when-manufactured-orprocessed-as-nanoscale-materials-tscareporting-and. 

17. EPA. Information Collection Request 

(ICR) for the TSCA Section 8(a) 

Reporting and Recordkeeping 

Requirements for Asbestos (Proposed 

Rule). EPA ICR No. 2711.01 and OMB 

No. 2070–[NEW]. February 4, 2022. 

18. U.S. Geological Survey (USGS). Asbestos 

Statistics and Information: Mineral 

Commodity Summaries. 2021. https://

pubs.usgs.gov/periodicals/mcs2021/ 

mcs2021-asbestos.pdf. 

VI. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 13563: Improving Regulation and 

Regulatory Review 

This action is a significant regulatory 

action that was submitted to the Office 

of Management and Budget (OMB) for 

review under Executive Order 12866 (58 

FR 51735, October 4, 1993) and 

Executive Order 13563 (76 FR 3821, 

January 21, 2011). Any changes made in 

response to OMB recommendations 

have been documented in the docket. 

EPA prepared an economic analysis of 

the potential costs and benefits 

associated with this action (Ref. 2), 

which is available in the docket and 

summarized in Unit I.E. (Ref. 2). 

B. Paperwork Reduction Act (PRA) 

The information collection 

requirements in this proposed rule have 

been submitted to OMB for review and 

comment under the PRA, 44 U.S.C. 3501 

et seq. The Information Collection 

Request (ICR) document prepared by 

EPA has been assigned the EPA ICR No. 

2711.01 (Ref. 17). You can find a copy 

of the ICR in the docket for this action, 

and it is briefly summarized here. 

The information collection activities 

in the proposed rule include a one-time 

reporting requirement and 

recordkeeping requirements. Companies 

that manufacture (including import) or 

process asbestos must report certain 

information to EPA and maintain 

corresponding records. 

Respondents/affected entities: 

Chrysotile asbestos manufacturers 

(including importers) and processors. 

See Unit I.A. for a list of potentially 

affected entities. 

Respondent’s obligation to respond: 

Mandatory. TSCA section 8(a) and 

proposed 40 CFR 704.180. 

Estimated number of respondents: 27. 

Frequency of response: One time. 

Total estimated burden: 1,157 hours 

(per report). Burden is defined at 5 CFR 

1320.3(b). 

Total estimated cost: $99,496 (per 

report), which includes no annualized 

capital or operation and maintenance 

costs. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers are displayed either by 

publication in the Federal Register or 

by other appropriate means, such as on 

the related collection instrument or 

form, if applicable. The display of OMB 

control numbers for certain EPA 

regulations is consolidated in 40 CFR 

part 9. 

Submit your comments on the 

Agency’s need for this information, the 

accuracy of the provided burden 

estimates, and any suggested methods 

for minimizing respondent burden to 

EPA using the docket identified at the 

beginning of this proposed rule. You 

may also send your ICR-related 

comments to OMB’s Office of 

Information and Regulatory Affairs 

using the interface at www.reginfo.gov/ 

public/do/PRAMain. Find this 

particular ICR by selecting ‘‘Currently 

under Review—Open for Public 

Comments’’ or by using the search 

function. Since OMB is required to 

make a decision concerning the ICR 

between 30 and 60 days after receipt, 

OMB must receive comments no later 


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than June 6, 2022. The EPA will 

respond to any ICR-related comments in 

the final rule. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA, 5 U.S.C. 601 et seq. The 

small entities subject to the 

requirements of this action are persons 

who have manufactured (including 

imported), or processed asbestos, 

including asbestos as a component of a 

mixture, asbestos in articles, and 

asbestos as an impurity in the four full 

calendar years prior to the effective date 

of this rule. EPA estimates that at least 

14 small firms will be affected by the 

proposed rule. Of those small firms, 

which include importers of articles and 

processors, 12 are expected to have cost 

impacts of less than 1% of annual 

revenues, one is expected to have 

impacts between 1–3%, and one is 

expected to have impacts of more than 

3% of annual revenues. These estimates 

do not include firms that are impacted 

by the requirement to report for 

impurities, which EPA was unable to 

identify. Based on information available 

to EPA, the Agency does not believe 

there are a substantial number of such 

firms. Further, EPA believes that 

impacts to any such firms would not 

significantly alter the Agency’s analysis 

under the RFA. Details of this analysis 

are presented in the Economic Analysis 

(Ref. 2). 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. The 

action imposes no enforceable duty on 

any state, local or tribal governments or 

the private sector. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications, as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999). In EPA’s experience, states do not 

engage in the activities that would make 

them subject to the requirements in the 

proposed rule. As such this action will 

not have substantial direct effects on the 

states, on the relationship between the 

national government and the states, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications, as specified in Executive 

Order 13175 (65 FR 67249, November 9, 

2000). It does not have substantial direct 

effects on tribal government because 

asbestos is not manufactured (including 

imported) or processed by tribes and 

would not impose substantial direct 

compliance costs on tribal governments. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying to those regulatory actions that 

concern environmental health or safety 

risks that the EPA has reason to believe 

may disproportionately affect children, 

per the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. This action is not 

subject to Executive Order 13045, 

because it is a data gathering rulemaking 

and does not concern an environmental 

health risk or safety risk. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution in Commerce, or Use 

This action is not a ‘‘significant 

energy action’’ under Executive Order 

13211 (66 FR 28355, May 22, 2001), 

because it is not likely to have a 

significant adverse effect on the supply, 

distribution or use of energy and has not 

otherwise been designated by the 

Administrator of OMB’s Office of 

Information and Regulatory Affairs as a 

‘‘significant energy action.’’ This action 

is not expected to affect energy use, 

energy supply or energy prices. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This proposed rulemaking does not 

involve technical standards. As such, 

NTTAA section 12(d), 15 U.S.C. 272 

note, does not apply to this action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

The EPA believes that this action is 

not subject to Executive Order 12898 (59 

FR 7629, February 16, 1994) because 

this action does not establish an 

environmental health or safety standard. 

The collected information, however, 

will be used by EPA and other Federal 

agencies to inform considerations of 

potential future actions involving 

asbestos, potentially including risk 

evaluation and risk management 

activities that could benefit underserved 

communities and indigenous peoples. 

List of Subjects in 40 CFR Part 704 

Chemicals, Confidential business 

information, Environmental protection, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: April 22, 2022. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

For the reasons set forth in the 

preamble, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 704—REPORTING AND 

RECORDKEEPING REQUIREMENTS 

■ 1. The authority citation for part 704 

continues to read as follows: 

Authority: 15 U.S.C. 2607(a). 

■ 2. Add § 704.180 to subpart B to read 

as follows: 

Subpart B—Chemical-Specific 

Reporting and Recordkeeping Rules 

* * * * * 

§ 704.180 Asbestos. 

(a) Definitions. 

The definitions in subpart A of this 

part apply to § 704.180 unless otherwise 

specified in this section. 

Asbestos is a collective term meaning 

any of the substances listed in Table 1 

of this paragraph. 

TABLE 1 IN § 704.180(a)—CASRN OF ASBESTOS TYPES

CASRN Asbestos type 

1332–21–4 ......... Asbestos. 

132207–32–0 ..... Chrysotile. 

12001–28–4 ....... Crocidolite. 

2172–73–5 ......... Amosite. 

77536–67–5 ....... Anthophyllite. 

77536–68–6 ....... Tremolite. 


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TABLE 1 IN § 704.180(a)—CASRN OF ASBESTOS TYPES—Continued 

CASRN Asbestos type 

77536–66–4 ....... Actinolite. 

NA ...................... Libby Amphibole (mainly consisting of tremolite [CASRN 77536–68–6], winchite [CASRN 12425–92–2], and richterite 

[CASRN 17068–76–7]). 

Bulk asbestos means any quantity of 

asbestos fiber of any type or grade, or 

combination of types or grades, that is 

mined or milled with the purpose of 

obtaining asbestos. This term does not 

include asbestos that is produced or 

processed as a contaminant or an 

impurity. 

Bulk materials containing asbestos 

means bulk materials in which asbestos 

is being mined or milled as a 

contaminant or an impurity, such as in 

vermiculite or talc. 

Chemical Information Submission 

System or CISS means EPA’s electronic, 

web-based reporting tool for the 

completion and submission of CDR 

data, reports, and other information, or 

its successors. 

Form A 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. 

Form B means the standard form to be 

used by 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) and know or 

can reasonably ascertain how much 

asbestos they manufactured (including 

imported) or produced. 

Primary processor means a person 

that starts with bulk asbestos or bulk 

materials containing asbestos and makes 

a mixture that contains asbestos as a 

component. 

Secondary processor means a person 

that further processes asbestos, after 

primary processing of asbestos is 

completed, as a component of a mixture, 

or an article containing asbestos. 

Small processor means any processor 

whose total annual sales, when 

combined with those of its parent 

company (if any), are less than $12 

million. 

(b) Substance for which reports must 

be submitted. 

The requirements of this section 

apply to asbestos, including asbestos in 

bulk form, as a component of a mixture, 

in an article, and as an impurity. 

(c) Persons who must report. 

Persons who have manufactured 

(including imported), or processed 

asbestos, including asbestos as a 

component of a mixture, asbestos in 

articles, and asbestos as an impurity in 

the four full calendar years prior to the 

effective date of this rule must report 

under this subpart. 

(d) Persons exempt from reporting. 

A person who is subject to reporting 

requirements pursuant to paragraph (c) 

is exempt from the requirements in this 

subpart to the extent that the person and 

that person’s use of asbestos is 

described in this paragraph. 

(1) Non-isolated intermediate. A 

person who manufactures or proposes to 

manufacture asbestos, as described in 

paragraph (c), solely as a non-isolated 

intermediate is exempt from the 

reporting requirements of this subpart. 

(2) Research and development. A 

person who manufactures (including 

imports), processes, or proposes to 

manufacture (including import), or 

process asbestos, as described in 

paragraph (c), only in small quantities 

solely for research and development is 

exempt from the reporting requirements 

of this subpart. 

(3) Small manufacturers (including 

importers) and processors. Small 

manufacturers (including importers) 

and processors are exempt from the 

reporting requirements of this subpart 

for the substance Libby Amphibole 

only. 

(e) Reporting information to EPA. 

Persons described in paragraph (c) of 

this section must report to EPA the 

following information, to the extent 

known to or reasonably ascertainable by 

them. In the event that specific numeric 

data is not known or is not reasonably 

ascertainable by the submitter, then 

reasonable estimates may be submitted. 

(1) Required forms. Report using the 

appropriate Form, based on whether 

you know or can reasonably ascertain a 

quantity for asbestos. 

(i) Form A. Report using Form A if 

you know or can reasonably ascertain 

that asbestos is a component of a 

mixture or article but are unable to 

determine the asbestos quantity by 

weight. 

(ii) Form B. Report using Form B if 

you know or can reasonably ascertain a 

quantity for asbestos. 

(2) A certification statement signed 

and dated by an authorized official of 

the submitter company. The authorized 

official must certify that the submitted 

information has been completed in 

compliance with the requirements of 

this part and that the confidentiality 

claims made on Form A or Form B are 

true and correct. The certification must 

be signed and dated by the authorized 

official for the submitter company, and 

provide that person’s name, official title, 

and email address. 

(3) Company and plant site 

information. The following currently 

correct company and plant site 

information must be reported for each 

site at which a reportable chemical 

substance is manufactured (including 

imported) or processed (see § 704.3 for 

the ‘‘site’’ for importers): 

(i) Company name. The highest-level 

U.S. parent company name, address, 

and Dun and Bradstreet D–U–N–S®

(D&B) number. A submitter under this 

part must obtain a D&B number for the 

U.S. parent company if none exists. 

(ii) Authorized official. The name of a 

person who will serve as Authorized 

Official for the submitter company, and 

who will be able to sign the certification 

statement as described in paragraph 

(e)(1), the Authorized Official’s full 

mailing address, telephone number, and 

email address. 

(iii) Point of contact. The name of a 

person who will serve as technical 

contact for the submitter company, and 

who will be able to answer questions 

about the information submitted by the 

company to EPA, the contact person’s 

full mailing address, telephone number, 

and email address. 

(iv) Site information. The site name, 

full street address, including the county 

or parish (or other jurisdictional 

indicator) in which the plant site is 

located. Also report the following: 

(A) The appropriate D&B number for 

the plant site. If none exists, you must 

obtain a D&B number for the reported 

site. 

(B) Other site identification numbers, 

including the Facility Registry Service 

(FRS) identification number, if they 

exist. 

(v) Applicable NAICS code. The sixdigit North American Industry 

Classification System (NAICS) code(s) of 

the site. 


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(vi) Number of employees. The total 

number of employees at the site. Select 

from among the ranges of employees 

listed in Table 2 of this paragraph and 

report the corresponding code (i.e., W1 

through W8): 

TABLE 2 IN § 704.180(e)(3)(vi)— 

CODES FOR REPORTING NUMBER OF

EMPLOYEES

Code Range 

W1 ....... Fewer than 10 employees. 

W2 ....... At least 10 but fewer than 25 employees. 

W3 ....... At least 25 but fewer than 50 employees. 

W4 ....... At least 50 but fewer than 100 employees. 

W5 ....... At least 100 but fewer than 500 

employees. 

W6 ....... At least 500 but fewer than 1,000 

employees. 

W7 ....... At least 1,000 but fewer than 

10,000 employees. 

W8 ....... At least 10,000 employees. 

(4) Activity information. The 

following activity information must be 

reported. 

(i) Type of activity at reporting site. 

Report all that apply. 

(A) Mining of bulk asbestos or bulk 

materials containing asbestos. 

(B) Milling of bulk asbestos or bulk 

materials containing asbestos. 

(C) Importing of bulk asbestos or bulk 

materials containing asbestos. 

(D) Primary processing of bulk 

asbestos or bulk materials containing 

asbestos. 

(E) Secondary processing of mixtures 

or articles containing asbestos. 

(F) Importing of mixtures or articles 

containing asbestos. 

(ii) Form B only. For mining, milling, 

or importing of bulk asbestos reported 

under activity in paragraph (e)(4)(i)(A) 

through (C), report by year: 

(A) The most specific asbestos type 

that applies. Select from among the 

asbestos types listed in Table 1 of 

paragraph (a) in this section. If the 

specific asbestos type is not known or 

reasonably ascertainable, report the 

general listing, asbestos CASRN 1332– 

21–4. 

(B) For each asbestos type, report 

(1) Quantity of asbestos, in pounds. 

(2) Disposition of asbestos (see Table 

3 in paragraph (e)(4)(ii)(B) of this 

section). 

TABLE 3 IN § 704.180(e)(4)(ii)(B)— 

DISPOSITION

Code Disposition description 

1 .......... Used on-site, including further processed. 

2 .......... Stored on-site. 

3 .......... Sent to another U.S. site (including 

intra-company transfer) for use or 

processing. 

4 .......... Stored at another U.S. site (including intra-company transfer). 

5 .......... Exported outside of the U.S. without further processing. 

6 .......... Disposed of within the U.S. (explain). 

7 .......... Other (explain). 

(iii) Reporting information for mining, 

milling, or importing of bulk materials 

containing asbestos. For mining, 

milling, or importing of bulk materials 

containing asbestos reported under the 

activity identified in paragraph 

(e)(4)(i)(A) through (C), report by year: 

(A) Bulk material type manufactured 

or processed (e.g., talc, vermiculite). 

(B) For Form B only, for each bulk 

material type: 

(1) Quantity of bulk material 

manufactured or processed. 

(2) Percent asbestos by weight in bulk 

material. 

(3) The most specific asbestos type 

that applies. Select from among the 

asbestos types listed in Table 1 in 

paragraph (a) of this section. If the 

specific asbestos type is not known or 

reasonably ascertainable, report the 

general listing, asbestos CASRN 1332– 

21–4. 

(4) Any testing of or test results 

assessing the asbestos content of your 

bulk material in the applicable reporting 

years. 

(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. 

(ii) If testing was not conducted, 

explain how you knew or reasonably 

ascertained the presence and amount of 

asbestos in the bulk materials. 

(C) For each bulk material type, the 

disposition of bulk material (see Table 

3 in paragraph (e)(4)(ii)(B) of this 

section). 

(iv) Reporting information for primary 

processors. For primary processing 

reported under activity identified in 

paragraph (e)(4)(i)(D) of this section, 

report by year: 

(A) For Form B only, the total 

quantity of asbestos processed. 

(B) End product type, selecting from 

products listed in Table 4 in paragraph 

(e)(4)(iv)(B) of this section. If your end 

product is not listed, report ‘‘other’’ and 

provide a brief description. For each 

end product type, report: 

(1) For Form B only, the most specific 

asbestos type that applies. Select from 

among the asbestos types listed in Table 

1 in paragraph (a) of this section. If the 

specific asbestos type is not known or 

reasonably ascertainable, report the 

general listing, asbestos CASRN 1332– 

21–4. Report also the total annual 

quantity of asbestos type processed. 

(2) The total annual production 

quantity of end products produced, 

using the associated unit of measure 

listed in Table 4 in paragraph 

(e)(4)(iv)(B) of this section. If a unit of 

measure is not listed, provide the unit 

of measure associated with the quantity 

reported. 

(3) For Form B only, the percentage of 

asbestos in the end product. 

(4) For Form B only, the disposition 

of the end product (see Table 3 in 

paragraph (e)(4)(ii)(B) of this section). 

(5) For Form B only, explain if you 

tested or received test results assessing 

the asbestos content of your end product 

in the applicable reporting years. 

(i) If testing was conducted, specify 

how often testing was conducted on the 

presence of asbestos in your end 

product and what method and type of 

test was used for determining asbestos 

content, and provide the test results. 

(ii) If testing was not conducted, 

explain how you knew or reasonably 

ascertain the presence and amount of 

asbestos in the end product. 

TABLE 4 IN § 704.180(e)(4)(iv)(B)—END PRODUCT TYPES

Code Name Unit of 

measure 

Papers, Felts, or Related Products 

01 ................................... Commercial paper ................................................................................................................................ Short Tons. 

02 ................................... Rollerboard ........................................................................................................................................... Short Tons. 

03 ................................... Millboard ............................................................................................................................................... Short Tons. 


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TABLE 4 IN § 704.180(e)(4)(iv)(B)—END PRODUCT TYPES—Continued 

Code Name Unit of 

measure 

04 ................................... Pipeline wrap ........................................................................................................................................ Short Tons. 

05 ................................... Beater-add gasketing paper ................................................................................................................. Short Tons. 

06 ................................... High-grade electrical paper .................................................................................................................. Short Tons. 

07 ................................... Unsaturated roofing felt ........................................................................................................................ Short Tons. 

08 ................................... Saturated roofing felt ............................................................................................................................ Short Tons. 

09 ................................... Flooring felt ........................................................................................................................................... Short Tons. 

10 ................................... Corrugated paper ................................................................................................................................. Short Tons. 

11 ................................... Specialty paper (specify generic name) ............................................................................................... Short Tons. 

12 ................................... Other (specify generic name) ............................................................................................................... (Specify). 

Floor Coverings 

13 ................................... Vinyl asbestos floor tile ........................................................................................................................ Square yards. 

14 ................................... Asbestos felt backed vinyl flooring ....................................................................................................... Square yards. 

15 ................................... Other (specify generic name) ............................................................................................................... (Specify). 

Asbestos Cement Products 

16 ................................... A/C pipe and fittings ............................................................................................................................. Short Tons. 

17 ................................... A/C sheet, flat ....................................................................................................................................... 100 sq. ft. 

18 ................................... A/C sheet corrugated ........................................................................................................................... 100 sq. ft. 

19 ................................... A/C shingle ........................................................................................................................................... Squares. 

20 ................................... Other (specify generic name) ............................................................................................................... (Specify). 

Transportation Friction Materials (Including Aircrafts, Marine Vessels, Railroad Engine and Railcars, and Other Vehicles) 

21 ................................... Drum brake lining (light-medium vehicle) ............................................................................................. Pieces. 

22 ................................... Disc brake pads (light-medium vehicle) ............................................................................................... Pieces. 

23 ................................... Disc brake pads (heavy vehicle) .......................................................................................................... Pieces. 

24 ................................... Brake block (heavy equipment) ............................................................................................................ Pieces. 

25 ................................... Clutch facings (all) ................................................................................................................................ Pieces. 

26 ................................... Automatic transmission friction components ........................................................................................ Pieces. 

27 ................................... Friction materials (industrial and commercial) ..................................................................................... Pieces. 

28 ................................... Custom automotive body filler .............................................................................................................. Pieces. 

29 ................................... Transmissions ....................................................................................................................................... Pieces. 

30 ................................... Mufflers ................................................................................................................................................. Pieces. 

31 ................................... Radiator top insulation ......................................................................................................................... Pieces. 

32 ................................... Radiator sealant ................................................................................................................................... Pieces. 

33 ................................... Other (specify generic name) ............................................................................................................... (Specify). 

Appliances 

34 ................................... Appliance Industrial and consumer (specify generic name) ................................................................ Pieces. 

35 ................................... Other (specify generic name) ............................................................................................................... (Specify). 

Construction Products 

36 ................................... Boiler and furnace baffles .................................................................................................................... Pieces. 

37 ................................... Decorated building panels .................................................................................................................... Pieces. 

38 ................................... Asbestos cement sheet ........................................................................................................................ Pieces. 

39 ................................... Flexible Air Conductor .......................................................................................................................... Pieces. 

40 ................................... Hoods and Vents .................................................................................................................................. Pieces. 

41 ................................... Portable construction building .............................................................................................................. Pieces. 

42 ................................... Roofing, saturated ................................................................................................................................ Pieces. 

43 ................................... Roof shingles ........................................................................................................................................ Pieces. 

44 ................................... Wallboard ............................................................................................................................................. Pieces. 

45 ................................... Wall/roofing panels ............................................................................................................................... Pieces. 

46 ................................... Other (specify generic name) ............................................................................................................... (Specify). 

Electrical Products and Components 

47 ................................... Cable insulation .................................................................................................................................... Pieces. 

48 ................................... Electronic motor components ............................................................................................................... Pieces. 

49 ................................... Electrical resistance supports ............................................................................................................... Pieces. 

50 ................................... Electrical switchboard ........................................................................................................................... Pieces. 

51 ................................... Electrical switch supports ..................................................................................................................... Pieces. 

52 ................................... Electrical wire insulation ....................................................................................................................... Pieces. 

53 ................................... Motor armature ..................................................................................................................................... Pieces. 

54 ................................... Other (specify generic name) ............................................................................................................... (Specify). 


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TABLE 4 IN § 704.180(e)(4)(iv)(B)—END PRODUCT TYPES—Continued 

Code Name Unit of 

measure 

Fire and Heat Shielding Equipment and Components 

55 ................................... Arc deflectors ....................................................................................................................................... Pieces. 

56 ................................... Fire doors ............................................................................................................................................. Pieces. 

57 ................................... Fireproof absorbent paper .................................................................................................................... Short tons. 

58 ................................... Heat shields .......................................................................................................................................... Pieces. 

59 ................................... Molten metal handling equipment ........................................................................................................ Pieces. 

60 ................................... Oven and stove insulation .................................................................................................................... Short tons. 

61 ................................... Pipe wrap ............................................................................................................................................. Pieces. 

62 ................................... Stove lining, wood and coal ................................................................................................................. Pieces. 

63 ................................... Stove pipe rings ................................................................................................................................... Pieces. 

64 ................................... Sleeves ................................................................................................................................................. Pieces. 

65 ................................... Thermal Insulation ................................................................................................................................ Short tons. 

66 ................................... Other (specify generic name) ............................................................................................................... (Specify). 

Textiles and Clothing 

67 ................................... Cloth ..................................................................................................................................................... Pounds. 

68 ................................... Thread, yarn, lap, roving, cord, rope, or wick ...................................................................................... Pounds. 

69 ................................... Aprons .................................................................................................................................................. Pieces. 

70 ................................... Boots .................................................................................................................................................... Pieces. 

71 ................................... Gloves and mittens .............................................................................................................................. Pieces. 

72 ................................... Hats and helmets ................................................................................................................................. Pieces. 

73 ................................... Overgaiters ........................................................................................................................................... Pieces. 

74 ................................... Suits ...................................................................................................................................................... Pieces. 

75 ................................... Aluminized cloth ................................................................................................................................... Short Tons. 

76 ................................... Rope or braiding ................................................................................................................................... Short Tons. 

77 ................................... Yarn, lap or roving ................................................................................................................................ Short Tons. 

78 ................................... Wicks .................................................................................................................................................... Short Tons. 

79 ................................... Bags ..................................................................................................................................................... Pieces. 

80 ................................... Belting ................................................................................................................................................... Short Tons. 

81 ................................... Blankets ................................................................................................................................................ Pieces. 

82 ................................... Carpet padding ..................................................................................................................................... Short Tons. 

83 ................................... Commercial/industrial dryer felts .......................................................................................................... Short Tons. 

84 ................................... Draperies .............................................................................................................................................. Pieces. 

85 ................................... Drip cloths ............................................................................................................................................ Pieces. 

86 ................................... Fire hoses ............................................................................................................................................. Pieces. 

87 ................................... Ironing board pads and insulation ........................................................................................................ Pieces. 

88 ................................... Mantles, lamp or catalytic heater ......................................................................................................... Pieces. 

89 ................................... Packing and packaging components ................................................................................................... Pieces. 

90 ................................... Piano and organ felts ........................................................................................................................... Pieces. 

91 ................................... Rugs ..................................................................................................................................................... Pieces. 

92 ................................... Tape ..................................................................................................................................................... Pieces. 

93 ................................... Theater curtains ................................................................................................................................... Pieces. 

94 ................................... Umbrellas ............................................................................................................................................. Pieces. 

95 ................................... Other (specify generic name) ............................................................................................................... (Specify). 

Gaskets 

96 ................................... Sheet gasketing, rubber encapsulated beater addition ....................................................................... Pieces. 

97 ................................... Sheet gasketing, rubber encapsulated compressed ............................................................................ Pieces. 

98 ................................... Compressed sheet gasketing (other) ................................................................................................... Pieces. 

99 ................................... Metal reinforced gaskets ...................................................................................................................... Pieces. 

100 ................................. Automotive gaskets .............................................................................................................................. Pieces. 

101 ................................. Other (specify generic name) ............................................................................................................... (Specify). 

Marine Equipment and Supplies 

102 ................................. Caulks, marine ...................................................................................................................................... Pounds. 

103 ................................. Liners, pond or canal ............................................................................................................................ Pieces. 

104 ................................. Marine bulkheads ................................................................................................................................. Pieces. 

105 ................................. Other (specify generic name) ............................................................................................................... (Specify). 

Paints, Coatings, Sealants and Compounds 

106 ................................. Asphaltic compounds ........................................................................................................................... Pounds. 

107 ................................. Automotive/truck body coatings ........................................................................................................... Gallons. 

108 ................................. Buffing and polishing compounds ........................................................................................................ Pounds. 

109 ................................. Caulking and patching compounds ...................................................................................................... Pounds. 

110 ................................. Drilling fluid ........................................................................................................................................... Gallons. 

111 ................................. Flashing compounds ............................................................................................................................ Pounds. 

112 ................................. Furnace cement ................................................................................................................................... Pounds. 


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TABLE 4 IN § 704.180(e)(4)(iv)(B)—END PRODUCT TYPES—Continued 

Code Name Unit of 

measure 

113 ................................. Glazing compounds .............................................................................................................................. Pounds. 

114 ................................. Plaster and stucco ................................................................................................................................ Pounds. 

115 ................................. Pump valve, flange and tank sealing components .............................................................................. Pieces. 

116 ................................. Roof coatings ........................................................................................................................................ Gallons. 

117 ................................. Textured paints ..................................................................................................................................... Gallons. 

118 ................................. Tile cement ........................................................................................................................................... Pounds. 

119 ................................. Other (specify generic name) ............................................................................................................... (Specify). 

Other Products 

120 ................................. Sheet gasketing (other than beater-add) ............................................................................................. Square Yards. 

122 ................................. Packing ................................................................................................................................................. Pounds. 

123 ................................. Paints and surface coatings ................................................................................................................. Gallons. 

124 ................................. Adhesives and sealants ....................................................................................................................... Gallons. 

125 ................................. Asbestos-reinforced plastics ................................................................................................................. Pounds. 

126 ................................. Insulation materials not elsewhere classified (specify generic name) ................................................. (Specify). 

127 ................................. Mixed or repackaged asbestos ............................................................................................................ Short Tons. 

128 ................................. Aerial distress flares ............................................................................................................................. Pieces. 

129 ................................. Acoustical product ................................................................................................................................ Pieces. 

130 ................................. Ammunition wadding ............................................................................................................................ Pieces. 

131 ................................. Ash trays .............................................................................................................................................. Pieces. 

132 ................................. Baking sheets ....................................................................................................................................... Pieces. 

133 ................................. Blackboards .......................................................................................................................................... Pieces. 

134 ................................. Candlesticks ......................................................................................................................................... Pieces. 

135 ................................. Chemical tanks and vessels ................................................................................................................. Pieces. 

136 ................................. Filters .................................................................................................................................................... Pieces. 

137 ................................. Grommets ............................................................................................................................................. Pieces. 

138 ................................. Gun grips .............................................................................................................................................. Pieces. 

139 ................................. Jewelry making equipment ................................................................................................................... Pieces. 

140 ................................. Kilns ...................................................................................................................................................... Pieces. 

141 ................................. Lamp sockets ....................................................................................................................................... Pieces. 

142 ................................. Light bulbs (all types) ........................................................................................................................... Pieces. 

143 ................................. Linings for vaults, safes, humidifies and filing cabinets ....................................................................... Pieces. 

144 ................................. Phonograph records ............................................................................................................................. Pieces. 

145 ................................. Pottery clay ........................................................................................................................................... Pounds. 

146 ................................. Welding rod coatings ............................................................................................................................ Pieces. 

147 ................................. Other (specify generic name) ............................................................................................................... (Specify). 

(v) Reporting information for 

secondary processors. For secondary 

processing reported under the activity 

identified in paragraph (e)(3)(i)(E) of 

this section, report by year: 

(A) For Form B only, the estimated 

total quantity of asbestos processed. 

(B) End product type listed in Table 

4 in paragraph (e)(4)(iv)(B) of this 

section. For each product type, report: 

(1) For Form B only, the most specific 

asbestos type that applies. Select from 

among the asbestos types listed in Table 

1 in paragraph (a) of this section. If the 

specific asbestos type is not known or 

reasonably ascertainable, report the 

general listing, asbestos CASRN 1332– 

21–4. Also report the quantity of 

asbestos. 

(2) The total annual production 

quantity of the end products produced, 

using the associated unit of measure 

listed in Table 4 in paragraph 

(e)(4)(iv)(B) of this section. 

(3) For Form B only, the percentage of 

asbestos in the end product. 

(i) If testing was conducted, specify 

how often testing was conducted on the 

presence of asbestos in your products 

and what method and type of test was 

used for determining asbestos content, 

and provide the test results. 

(ii) If testing was not conducted, 

explain how you knew or reasonably 

ascertained the presence and amount of 

asbestos in the end product. 

(4) For Form B only, the disposition 

of the end product (see Table 3 in 

paragraph (e)(4)(ii)(B) of this section). 

(vi) Reporting information for 

importers. For importing reported under 

activity identified in paragraph 

(e)(4)(i)(F) of this section, report by year: 

(A) For Form B only, the estimated 

total quantity of asbestos imported. 

(B) Imported product type (Table 4 

(e)(4)(iv)(B). For each imported product 

type, report: 

(1) Whether the imported product is 

a mixture or an article. 

(2) For Form B only, the most specific 

asbestos type that applies. Select from 

among the asbestos types listed in Table 

1 in paragraph (a) of this section. If the 

specific asbestos type is not known or 

reasonably ascertainable, report the 

general listing, asbestos CASRN 1332– 

21–4. Also report the quantity of 

asbestos type. 

(3) The total annual import quantity 

of the imported product, using the 

associated unit of measure listed in 

Table 4 in paragraph (e)(4)(iv)(B) of this 

section. 

(4) For Form B only, the percentage of 

asbestos in the product. 

(5) For Form B only, explain if you 

tested or received test results assessing 

the asbestos content of your imported 

product in the applicable reporting 

years. 

(i) If testing was conducted, specify 

how often testing was conducted on the 

presence of asbestos in your imported 

product and what method and type of 

test was used for determining asbestos 

content, and provide the test results. 

(ii) If testing was not conducted, 

explain how you knew or reasonably 

ascertained the presence and amount of 

asbestos in the imported product. 

(6) For Form B only, the disposition 

of the imported product (see Table 3 in 

paragraph (e)(4)(ii)(B) of this section). 


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(5) Employee information. For each 

activity reported, report the following 

information about employees at the 

associated site: 

(i) Number of employees involved 

with activity. Select from among the 

ranges of employees listed in Table 2 in 

paragraph (e)(3)(vi) of this section and 

report the corresponding code (i.e., W1 

through W8). 

(ii) Is personal protective equipment 

used? If yes, identify the type(s) of 

personal protective equipment used. 

(iii) For Form B only, submit any 

workplace exposure measurement 

assessments and data (e.g., monitoring). 

(f) When to report. 

All information reported to EPA 

under this section must be submitted 

during the applicable submission 

period. The submission period shall 

begin six months following the effective 

date of this rule and last for three 

months. 

(g) Recordkeeping requirements. 

Each person who reports under this 

part must maintain records that 

document information reported under 

this part and in accordance with TSCA, 

permit access to, and the copying of 

such records by EPA officials. Relevant 

records must be retained for a period of 

five years beginning on the last day of 

the submission period. 

(h) Confidentiality claims. 

(1) Assertion of confidentiality 

claims—(i) Generally. Any person 

submitting information under this part 

may assert a confidentiality claim for 

that information, except for information 

described in paragraph (h)(1)(ii) of this 

section. Any such confidentiality claims 

must be asserted electronically, 

pursuant to § 704.180(i), at the time the 

information is submitted. Information 

claimed as confidential in accordance 

with this section will be treated and 

disclosed in accordance with the 

procedures in 40 CFR part 2 and section 

14 of TSCA. 

(ii) Exceptions. Confidentiality claims 

may not be asserted with respect to the 

following: 

(A) Site NAICS code required by 

§ 704.180(e)(3)(v); 

(B) For chemical identities and bulk 

material forms required by 

§§ 704.180(e)(4)(ii)(A), (iii)(A), 

(iii)(B)(3), (iv)(B)(1), (v)(B)(1), and 

(vi)(B)(2); 

(C) Any data element that is left blank 

or designated as ‘‘not known or 

reasonably ascertainable;’’ or 

(D) Health and safety data required by 

§ 704.180(e)(5)(iii), except that the 

following information may be claimed 

as confidential: 

(1) Information that would reveal 

processes used in the manufacturing, 

importing, or processing of the 

substance or mixture, or the portion of 

a mixture comprised by any of the 

substances in the mixture, provided that 

the information is expressly identified 

as revealing processing information or 

portion of a mixture; 

(2) Company name or address, 

financial statistics, and product codes 

used by a company and contained in a 

study; and 

(3) Information other than company 

name or address, financial statistics, and 

product codes used by a company, 

which is contained in a study, the 

disclosure of which would clearly be an 

unwarranted invasion of personal 

privacy (such as individual medical 

records). 

(iii) Certification statement for claims. 

An authorized official representing a 

person asserting a claim of 

confidentiality must certify that the 

submission complies with the 

requirements of this part by signing and 

dating the following certification 

statement: 

‘‘I certify that all claims for confidentiality 

asserted with this submission are true and 

correct, and all information submitted herein 

to substantiate such claims is true and 

correct. Any knowing and willful 

misrepresentation is subject to criminal 

penalty pursuant to 18 U.S.C. 1001. I further 

certify that: (1) I have taken reasonable 

measures to protect the confidentiality of the 

information; (2) I have determined that the 

information is not required to be disclosed or 

otherwise made available to the public under 

any other Federal law; (3) I have a reasonable 

basis to conclude that disclosure of the 

information is likely to cause substantial 

harm to the competitive position of my 

company; and (4) I have a reasonable basis 

to believe that the information is not readily 

discoverable through reverse engineering.’’ 

(2) Substantiation.—(i) Requirement 

to substantiate. Confidentiality claims 

must be substantiated at the time of 

submission to EPA, unless exempt 

under paragraph (h)(2)(v) of this section. 

(ii) Information in substantiations 

may be claimed as confidential. Such 

claims must be accompanied by the 

certification described in paragraph 

(h)(1)(iii),but need not be themselves 

substantiated. 

(iii) Substantiation questions for all 

claims. Answers to the following 

questions must be provided for each 

confidentiality claim in a TSCA 

submission: 

(A) Please specifically explain what 

harm to the competitive position of your 

business would be likely to result from 

the release of the information claimed as 

confidential. How would that harm be 

substantial? Why is the substantial harm 

to your competitive position likely (i.e., 

probable) to be caused by release of the 

information rather than just possible? If 

you claimed multiple types of 

information to be confidential (e.g., site 

information, exposure information, 

environmental release information), 

explain how disclosure of each type of 

information would be likely to cause 

substantial harm to the competitive 

position of your business. 

(B) Has your business taken 

precautions to protect the 

confidentiality of the disclosed 

information? If yes, please explain and 

identify the specific measures, 

including but not limited to internal 

controls, that your business has taken to 

protect the information claimed as 

confidential. If the same or similar 

information was previously reported to 

EPA as non-confidential (such as in an 

earlier version of this submission), 

please explain the circumstances of that 

prior submission and reasons for 

believing the information is nonetheless 

still confidential. 

(C)(1) Is any of the information 

claimed as confidential required to be 

publicly disclosed under any other 

Federal law? If yes, please explain. 

(2) Does any of the information 

claimed as confidential otherwise 

appear in any public documents, 

including (but not limited to) safety data 

sheets; advertising or promotional 

material; professional or trade 

publications; state, local, or Federal 

agency files; or any other media or 

publications available to the general 

public? If yes, please explain why the 

information should be treated as 

confidential. 

(3) Does any of the information 

claimed as confidential appear in one or 

more patents or patent applications? If 

yes, please provide the associated patent 

number or patent application number 

(or numbers) and explain why the 

information should be treated as 

confidential. 

(D) Is the claim of confidentiality 

intended to last less than 10 (ten) years 

(see TSCA section 14(e)(1)(B))? If yes, 

please indicate the number of years 

(between 1 (one) and 10 (ten) years) or 

the specific date after which the claim 

is withdrawn. 

(E) Has EPA, another federal agency, 

or court made any confidentiality 

determination regarding information 

associated with this chemical 

substance? If yes, please provide the 

circumstances associated with the prior 

determination, whether the information 

was found to be entitled to confidential 

treatment, the entity that made the 

decision, and the date of the 

determination. 

(iv) Exemptions from the 

substantiation requirement. 


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Confidentiality claims are exempt from 

the requirement to substantiate the 

claim at the time of submission for the 

data elements required pursuant to 

paragraphs (e)(4)(ii)(B)(1), (iii)(B)(1), 

(iv)(A), (iv)(B)(2), (v)(A), (v)(B)(2), 

(vi)(A), and (vi)(B)(3) of this section. 

(v) No claim of confidentiality. 

Information not claimed as confidential 

in accordance with the requirements of 

this section may be made public 

without further notice. 

(vi) Public copies. Submissions and 

their accompanying attachments that 

include a confidentiality claim must be 

accompanied, at the time of submission, 

by a public version of the submission 

and any attachments, with all 

information that is claimed as 

confidential removed. Only information 

that is claimed as confidential may be 

redacted or removed. Generally, a 

public copy that removes all or 

substantially all of the information 

would not meet the requirements of this 

paragraph. 

(A) Where the electronic reporting 

tool contains a checkbox or other means 

of designating with specificity what 

information is claimed as confidential, 

no further action by the submitter is 

required to satisfy this requirement. 

(B) For all other information claimed 

as confidential, including but not 

limited to information in attachments 

and in substantiations required under 

paragraph (h) of this section, the 

submitter must prepare and attach a 

public copy. Submissions with public or 

sanitized copies that are entirely blank 

or that are substantially reduced in 

length as compared to the CBI version 

will not meet the requirements of this 

paragraph (h)(2)(vi) of this section. 

(i) Electronic reporting. 

You must use the EPA Central Data 

Exchange (CDX) to complete and submit 

the information required under this 

section. Submissions may only be made 

as set forth in this paragraph. 

Submissions must be sent electronically 

to EPA using the asbestos reporting tool 

in CDX. The information submitted and 

all attachments (unless the attachment 

appears in scientific literature) must be 

in English. All information must be true 

and correct. Access the asbestos 

reporting tool and instructions, as 

follows: 

(1) By website. Access the asbestos 

reporting tool via the CDX homepage at 

https://cdx.epa.gov/ and follow the 

applicable instructions. 

(2) By phone or email. Contact the 

EPA TSCA Hotline at (202) 554–1404 or 

TSCA-Hotline@epa.gov. 

[FR Doc. 2022–09533 Filed 5–5–22; 8:45 am] 

BILLING CODE 6560–50–P 


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