83_FR_27034 83 FR 26922 - Asbestos; Significant New Use Rule

83 FR 26922 - Asbestos; Significant New Use Rule

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 112 (June 11, 2018)

Page Range26922-26933
FR Document2018-12513

Under the Toxic Substances Control Act (TSCA), EPA is proposing a significant new use rule (SNUR) for asbestos as defined under the Asbestos Hazard Emergency Response Act. The proposed significant new use of asbestos (including as part of an article) is manufacturing (including importing) or processing for certain uses identified by EPA as no longer ongoing. The Agency has found no information indicating that the following uses are ongoing, and therefore, the following uses are subject to this proposed SNUR: Adhesives, sealants, and roof and non-roof coatings; arc chutes; beater-add gaskets; extruded sealant tape and other tape; filler for acetylene cylinders; high-grade electrical paper; millboard; missile liner; pipeline wrap; reinforced plastics; roofing felt; separators in fuel cells and batteries; vinyl-asbestos floor tile; and any other building material (other than cement). Persons subject to the SNUR would be required to notify EPA at least 90 days before commencing any manufacturing (including importing) or processing of asbestos (including as part of an article) for a significant new use. The required notification initiates EPA's evaluation of the conditions of use associated with the intended use within the applicable review period. Manufacturing (including importing) and processing (including as part of an article) for the significant new use may not commence until EPA has conducted a review of the notice, made an appropriate determination on the notice, and taken such actions as are required in association with that determination.

Federal Register, Volume 83 Issue 112 (Monday, June 11, 2018)
[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Proposed Rules]
[Pages 26922-26933]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-12513]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 721

[EPA-HQ-OPPT-2018-0159; FRL-9978-76]
RIN 2070-AK45


Asbestos; Significant New Use Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: Under the Toxic Substances Control Act (TSCA), EPA is 
proposing a significant new use rule (SNUR) for asbestos as defined 
under the Asbestos Hazard Emergency Response Act. The proposed 
significant new use of asbestos (including as part of an article) is 
manufacturing (including importing) or processing for certain uses 
identified by EPA as no longer ongoing. The Agency has found no 
information indicating that the following uses are ongoing, and 
therefore, the following uses are subject to this proposed SNUR: 
Adhesives, sealants, and roof and non-roof coatings; arc chutes; 
beater-add gaskets; extruded sealant tape and other tape; filler for 
acetylene cylinders; high-grade electrical paper; millboard; missile 
liner; pipeline wrap; reinforced plastics; roofing felt; separators in 
fuel cells and batteries; vinyl-asbestos floor tile; and any other 
building material (other than cement). Persons subject to the SNUR 
would be required to notify EPA at least 90 days before commencing any 
manufacturing (including importing) or processing of asbestos 
(including as part of an article) for a significant new use. The 
required notification initiates EPA's evaluation of the conditions of 
use associated with the intended use within the applicable review 
period. Manufacturing (including importing) and processing (including 
as part of an article) for the significant new use may not commence 
until EPA has conducted a review of the notice, made an appropriate 
determination on the notice, and taken such actions as are required in 
association with that determination.

DATES: Comments must be received on or before August 10, 2018.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2018-0159, by one of the following methods:
     Federal eRulemaking Portal: http://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.
     Mail: Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.html. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: 
    For technical information contact: Robert Courtnage, National 
Program Chemicals Division (Mail Code 7404T), Office of Pollution 
Prevention and Toxics, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number: 
(202) 566-1081; email address: courtnage.robert@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. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you manufacture 
(including import), process, or distribute in commerce asbestos as 
defined by TSCA Title II, Section 202 (15 U.S.C. 2642) (including as 
part of an article). The following list of North American Industrial 
Classification System (NAICS) codes 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:

     Construction (NAICS code 23)
     Manufacturing (NAICS codes 31-33)
     Wholesale Trade (NAICS code 42)

[[Page 26923]]

     Transportation (NAICS code 48)

    This action may also affect certain entities through pre-existing 
import certification and export notification rules under TSCA (15 
U.S.C.2601 et seq.). Persons who import or process any chemical 
substance governed by a final SNUR are subject to the TSCA section 13 
(15 U.S.C. 2612) import certification requirements and the 
corresponding regulations at 19 CFR 12.118 through 12.127 (see also 19 
CFR 127.28). Those persons must certify that the shipment of the 
chemical substance complies with all applicable rules and orders under 
TSCA, including any SNUR requirements. The EPA policy in support of 
import certification appears at 40 CFR part 707, subpart B.
    In addition, asbestos, as defined in this proposed rule, is already 
subject to TSCA section 6(a) (40 CFR part 763, subparts G and I) rules 
that trigger the export notification provisions of TSCA section 12(b) 
(15 U.S.C. 2611(b); see also 40 CFR 721.20). Any person who exports or 
intends to export asbestos must comply with the export notification 
requirements in 40 CFR part 707, subpart D; however, although EPA is 
proposing to make inapplicable the exemption at 40 CFR 721.45(f) for 
persons who import or process any asbestos as part of an article in a 
category listed in Table 2, the Agency is not proposing to require 
export notification for articles containing asbestos.
    If you have any questions regarding the applicability of this 
action to a particular entity, consult the technical information 
contact listed under FOR FURTHER INFORMATION CONTACT.

B. What is the Agency's authority for taking this action?

    Section 5(a)(2) of TSCA (15 U.S.C. 2604(a)(2)) authorizes EPA to 
determine that a use of a chemical substance is a ``significant new 
use.'' EPA must make this determination by rule after considering all 
relevant factors, including those listed in TSCA section 5(a)(2) (see 
Unit IV). Once EPA determines that a use of a chemical substance is a 
significant new use, TSCA section 5(a)(1) requires persons to submit a 
significant new use notice (SNUN) to EPA at least 90 days before they 
manufacture (including import) or process the chemical substance for 
that use (15 U.S.C. 2604(a)(1)(B)(i)). TSCA further prohibits such 
manufacturing (including importing) or processing from commencing until 
EPA has conducted a review of the notice, made an appropriate 
determination on the notice, and taken such actions as are required in 
association with that determination (15 U.S.C. 2604(a)(1)(B)(ii)). As 
described in Unit V., the general SNUR provisions are found at 40 CFR 
part 721, subpart A.

C. What action is the Agency taking?

    EPA is proposing a SNUR for asbestos, using the definition in TSCA 
Title II, Section 202, which defines asbestos as the ``asbestiform 
varieties of six fiber types--chrysotile (serpentine), crocidolite 
(riebeckite), amosite (cummingtonite-grunerite), anthophyllite, 
tremolite or actinolite.'' The proposed significant new use of asbestos 
(including as part of an article) is manufacturing (including 
importing) or processing for certain uses no longer ongoing. The Agency 
found no information indicating that the following uses are ongoing, 
and therefore, the following uses are subject to this proposed SNUR: 
Adhesives, sealants, and roof and non-roof coatings; arc chutes; 
beater-add gaskets; extruded sealant tape and other tape; filler for 
acetylene cylinders; high-grade electrical paper; millboard; missile 
liner; pipeline wrap; reinforced plastics; roofing felt; separators in 
fuel cells and batteries; vinyl-asbestos floor tile; and any other 
building material (other than cement).
    The Frank R. Lautenberg Chemical Safety for the 21st Century Act 
(Pub. L. 114-182, 130 Stat. 448) amended TSCA in June 2016. The new law 
includes statutory requirements related to the risk evaluations of 
conditions of use for existing chemicals. Based on the 2014 update of 
EPA's TSCA Work Plan for Chemical Assessments, in December of 2016, EPA 
designated asbestos as one of the first 10 chemical substances subject 
to the Agency's initial chemical risk evaluations (81 FR 91927), as 
required by TSCA section 6(b)(2)(A) (15 U.S.C. 2605(b)(2)(A)).
    EPA is separately conducting a risk evaluation of asbestos under 
its conditions of use, pursuant to TSCA section 6(b)(4)(A). Through 
scoping and subsequent research for the asbestos risk evaluation, EPA 
identified several conditions of use of asbestos to include in the risk 
evaluation. Those include imported raw bulk chrysotile asbestos for the 
fabrication of diaphragms for use in chlorine and sodium hydroxide 
production and several imported chrysotile asbestos-containing 
materials, including sheet gaskets for use in titanium dioxide chemical 
production, brake blocks for use in oil drilling, aftermarket 
automotive brakes/linings and other vehicle friction products, other 
gaskets and packing, cement products, and woven products. This proposed 
significant new rule would not identify as significant new uses those 
uses that EPA believes are currently ongoing. EPA is requesting public 
comment on this proposal and welcomes specific and verifiable 
documentation of any ongoing uses not identified by the Agency as well 
as additional uses not identified as no longer ongoing. This proposed 
SNUR would require persons that intend to manufacture (including 
import) or process any form of asbestos as defined under Title II of 
TSCA (including as part of an article) for a significant new use, 
consistent with the requirements at 40 CFR 721.25, to notify EPA at 
least 90 days before commencing such manufacturing (including 
importing) or processing. This proposed SNUR would preclude the 
commencement of such manufacturing (including importing) or processing 
until EPA has conducted a review of the notice, made an appropriate 
determination on the notice, and taken such actions as are required in 
association with that determination.

D. Why is the Agency taking this action?

    This proposed SNUR is necessary to ensure that EPA receives timely 
advance notice of any future manufacturing (including importing) or 
processing of asbestos (including as part of an article) for new uses 
that may produce changes in human and environmental exposures, and to 
ensure that an appropriate determination (relevant to the risks 
associated with such manufacturing (including importing), processing, 
and use) has been issued prior to the commencement of such 
manufacturing (including importing) or processing. Today's action is 
furthermore necessary to ensure that manufacturing (including 
importing) or processing for the significant new use cannot proceed 
until EPA has responded to the circumstances by taking the required 
actions under Sections 5(e) or 5(f) of TSCA in the event that EPA 
determines any of the following: (1) That the significant new use 
presents an unreasonable risk under the conditions of use (without 
consideration of costs or other non-risk factors, and including an 
unreasonable risk to a potentially exposed or susceptible subpopulation 
identified as relevant by EPA); (2) that the information available to 
EPA is insufficient to permit a reasoned evaluation of the health and 
environmental effects of the significant new use; (3) that, in the 
absence of sufficient information, the manufacturing (including 
importing), processing, distribution in commerce, use, or disposal of 
the substance, or any combination of such activities, may present an 
unreasonable risk (without

[[Page 26924]]

consideration of costs or other non-risk factors, and including an 
unreasonable risk to a potentially exposed or susceptible subpopulation 
identified as relevant by EPA); or (4) that there is substantial 
production and sufficient potential for environmental release or human 
exposure (as defined in TSCA section 5(a)(3)(B)(ii)(II)).
    There is a strong causal association between asbestos exposure and 
lung cancer and mesotheliomas (tumors arising from the thin membranes 
that line the chest (thoracic) and abdominal cavities and surround 
internal organs) (Ref. 1; Ref. 2; Ref. 3; Ref. 4; Ref. 5; Ref. 6). In 
addition, other cancers, as well as non-cancer effects, such as 
respiratory and immune effects, have been associated with asbestos 
exposure (Ref. 7).
    Agency research conducted in support of the TSCA risk evaluation of 
asbestos revealed that the use of asbestos has declined dramatically in 
the United States since the 1970s when asbestos use was at its peak. 
EPA is taking action in this proposed rule to ensure that EPA receives 
timely advance notice and makes an appropriate determination prior to 
the commencement of manufacturing (including importing) or processing 
for any significant new use of asbestos (including as part of an 
article) as identified in Table 2. The rationale and objectives for 
this proposed SNUR are explained in detail in Unit III.

E. What are the estimated incremental impacts of this action?

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers (including 
importers) and processors of the chemical substance included in this 
proposed rule. This Economic Analysis (Ref. 8), which is available in 
the docket, is discussed in Unit IX. and is briefly summarized here.
    In the event that a SNUN is submitted, costs are estimated to be 
less than $10,000 per SNUN submission for large business submitters and 
$8,000 for small business submitters. In addition, for persons 
exporting a substance that is the subject of a SNUR, a one-time notice 
to EPA must be provided for the first export or intended export to a 
particular country, which is estimated to be approximately $96 per 
notification. However, asbestos is already subject to TSCA section 6(a) 
rules (40 CFR part 763, subparts G and I) that trigger the export 
notification provisions of TSCA section 12(b) (15 U.S.C. 2611(b); see 
also 40 CFR 721.20), and the Agency is not proposing to require export 
notifications for articles containing asbestos as articles are 
generally excluded from the TSCA section 12(b) export notification 
requirements. Therefore, EPA assumes no additional costs under TSCA 
section 12(b) for this proposed rule.
    The proposed rule may also affect firms that plan to import or 
process articles that may be subject to the SNUR. Although there are no 
specific requirements in the rule for these firms, they may choose to 
undertake some activity to assure themselves they are not undertaking a 
new use. In the accompanying Economic Analysis for this proposed SNUR 
(Ref. 8), example steps (and their respective costs) that an importer 
or processor might take to identify asbestos in articles are provided. 
These steps can include gathering information through agreements with 
suppliers, declarations through databases or surveys, or use of a 
third-party certification system. Additionally, importers may require 
suppliers to provide certificates of testing analysis of the products 
or perform their own laboratory testing of certain articles. EPA is 
unable to predict, however, what, if any, particular steps an importer 
might take; thus, potential total costs were not estimated.

II. Chemical Substances Subject to This Proposed Rule and Associated 
Background Information

A. What chemicals are included in the proposed SNUR?

    This proposed SNUR applies to asbestos, using the definition in 
TSCA Title II (added to TSCA in 1986), Section 202, which defines 
asbestos as the ``asbestiform varieties of six fiber types--chrysotile 
(serpentine), crocidolite (riebeckite), amosite (cummingtonite-
grunerite), anthophyllite, tremolite or actinolite.'' This proposed 
SNUR Applies to the manufacturing (including importing) or processing 
of asbestos (including as part of an article) for certain uses no 
longer ongoing. EPA found no information indicating that the following 
uses are ongoing, and therefore, the following uses are subject to this 
proposed SNUR: Adhesives, sealants, and roof and non-roof coatings; arc 
chutes; beater-add gaskets; extruded sealant tape and other tape; 
filler for acetylene cylinders; high-grade electrical paper; millboard; 
missile liner; pipeline wrap; reinforced plastics; roofing felt; 
separators in fuel cells and batteries; vinyl-asbestos floor tile; and 
any other building material (other than cement). Under this proposed 
SNUR, the exemption at 40 CFR 721.45(f) would not apply to persons who 
import or process asbestos as part of an article (which includes as a 
component of an article) because there is reasonable potential for 
exposure to asbestos if the substance is incorporated into articles and 
then imported or processed. However, in accordance with the impurity 
exclusion at 40 CFR 721.45(d), this proposed significant new use rule 
would not apply to persons who manufacture (including import) or 
process asbestos (including as part of an article) only as an impurity.

B. What are the production volumes and uses of asbestos?

    Asbestos has not been mined or otherwise produced in the United 
States since 2002; therefore, any new raw bulk asbestos used in the 
United States is imported. According to the U.S. Geological Survey 
(USGS), approximately 300 metric tons of raw bulk asbestos was imported 
into the United States in 2017 (Ref. 9). Chrysotile is the only form of 
raw bulk asbestos currently imported, and the chlor-alkali industry is 
the only known importer (Ref. 9). EPA did not identify any domestic 
entity that uses raw bulk asbestos other than the chlor-alkali 
industry, which uses chrysotile asbestos to fabricate diaphragms for 
use in chlorine and sodium hydroxide production.
    In an effort to identify national import volumes and conditions of 
use for the asbestos risk evaluation under TSCA section 6(b)(4)(A), EPA 
searched a number of available data sources including EPA's Chemical 
Data Reporting (CDR) database, USGS's Mineral Commodities Summary and 
the Minerals Yearbook, the U.S. International Trade Commission's 
Dataweb, the U.S. Customs and Border Protection's Automated Commercial 
Environment (ACE) System, and the Use and Market Profile for Asbestos 
(EPA-HQ-OPPT-2016-0736-0085). Based on this search, EPA published a 
preliminary list of information and sources related to asbestos 
conditions of use (see Preliminary Information on Manufacturing, 
Processing, Distribution, Use, and Disposal: Asbestos, EPA-HQ-OPPT-
2016-0736-0005) prior to a February 2017 public meeting on the scoping 
efforts for the risk evaluation convened to solicit public comment. EPA 
also convened meetings with companies, associated industry groups, 
chemical users and other stakeholders to aid in identifying conditions 
of use and verifying conditions of use identified by EPA. On June 22, 
2017, EPA published the Scope of the Risk Evaluation for Asbestos (EPA-
HQ-OPPT-2016-0736-0086), which further

[[Page 26925]]

provided opportunity for the public and private sector to identify 
conditions of use of asbestos in the United States.
    During the public comment period for the Preliminary Information on 
Manufacturing, Processing, Distribution, Use, and Disposal: Asbestos 
(EPA-HQ-OPPT-2016-0736-0005), one company identified the use of 
asbestos-containing gaskets, which are imported, for use during the 
production of titanium dioxide. During stakeholder discussions another 
company confirmed importing and distributing brake blocks for use in 
drawworks by the oil industry. EPA believes that aftermarket automotive 
brakes/linings and other vehicle friction products, other gaskets and 
packing, cement products, and woven products containing asbestos could 
also be imported, as reported by USGS (Ref. 10) and also appear in data 
from ACE (Ref. 11); however, the volume of products and the quantity of 
asbestos within imported products is unknown. ACE is not a publicly 
accessible database because it contains information that is protected 
under the provisions of Freedom of Information Act (5 U.S.C. 552), the 
Privacy Act (5 U.S.C. 552a), and the Trade Secrets Act (18 U.S.C. 
1905), and the information in ACE related to importer identity cannot 
be released.

C. What are the potential health effects of asbestos?

    Asbestos was listed as a known human carcinogen in the National 
Toxicology Program's First Annual Report on Carcinogens in 1980 (Ref. 
1). In 1988, EPA assessed the health hazards and effects caused by 
exposure to asbestos under the Integrated Risk Information System 
(IRIS) program, and determined that asbestos exposure can lead to lung 
cancer and mesotheliomas (tumors arising from the thin membranes that 
line internal organs) (Ref. 2). Many authorities have established that 
there is causal association between asbestos and lung cancer and 
mesotheliomas (Ref. 1; Ref. 3; Ref. 4). EPA also noted in the Scope of 
the Risk Evaluation for Asbestos that there is a causal association 
between exposure to asbestos and cancer of the larynx and cancer of the 
ovary (Ref. 4). There is also suggestive evidence of a positive 
association between asbestos and cancer of the pharynx (Ref. 4; Ref. 
12), stomach (Ref. 3; Ref. 4), and colorectum (Ref. 1; Ref. 3; Ref. 4; 
Ref. 12; Ref. 13; Ref. 14). All types of asbestos fibers have been 
reported to cause mesothelioma. (Ref. 4).
    Increases in lung cancer mortality have been reported in both 
workers and residents exposed to various asbestos fiber types as well 
as fiber mixtures (Ref. 4). There is evidence in in-vitro, animal, and 
human studies that asbestos is genotoxic, meaning asbestos can damage 
an organism's genetic material (Ref. 3). There is also evidence that 
asbestos exposure is associated with adverse respiratory system 
effects, such as asbestosis and immunotoxicity (Ref. 3; Ref. 7).

D. What are the potential routes and sources of exposure to asbestos?

    The greatest risk of exposure to asbestos occurs when the substance 
is in a friable state, meaning the fibers can be crumbled, pulverized 
or reduced to a powder under hand pressure (Ref. 3). During use and 
over time, non-friable asbestos has the potential to become friable 
(Ref. 3). For example, testing has shown that non-friable asbestos-
containing material can become friable during use such as cutting, 
crumbling, and tearing, and as a result of such use, asbestos fibers 
can be released into the air (Ref. 15). Similarly, non-friable 
asbestos-containing building materials can release fibers if disturbed 
during building repair or demolition (Ref. 16). Exposures to workers, 
consumers and the general population, as well as environmental 
receptors, may occur from industrial releases and use of asbestos-
containing products. Based on EPA's research conducted during the early 
stages of the TSCA risk evaluation, most of the ongoing uses of 
asbestos pertain to industrial and commercial uses (Ref. 7).
    The primary exposure route for asbestos is inhalation. Asbestos 
fibers can be released into the air during processing of raw bulk 
asbestos and asbestos-containing products. Weathering and the 
disturbance and/or degradation of asbestos-containing products can also 
cause asbestos fibers to be suspended in air (Ref. 3). Fibers can then 
enter the lungs through inhalation. Exposures to asbestos can 
potentially occur via oral and dermal routes; however, EPA anticipates 
that the most likely exposure route is inhalation.

III. Rationale and Objectives

A. Rationale

    EPA is concerned about the potential for adverse health effects of 
asbestos based on established sound scientific data indicating that 
asbestos is a known human carcinogen. Asbestos was listed as a human 
carcinogen in the National Toxicology Program's First Annual Report on 
Carcinogens in 1980 (Ref. 1).
    Asbestos, in particular chrysotile asbestos, has several unique 
properties, including low electrical conductivity while maintaining 
high tensile strength, high friction coefficient, and high resistance 
to heat (Ref. 17). These properties made asbestos ideal for use in 
friction materials (e.g., brakes), insulation (e.g., sound, heat, and 
electrical), and building materials (e.g., cement pipes, roofing 
compounds, flooring) over the past century. However, the use of 
asbestos has declined dramatically due to health concerns and consumer 
preference (Ref. 17), which has led to the elimination of some exposure 
scenarios associated with such uses. According to USGS, in 1973, 
national consumption, including manufacturing/importing and processing, 
of raw bulk asbestos peaked around 800,000 metric tons and has since 
fallen approximately 99 percent to between 300 and 800 metric tons in 
recent years (Ref. 9). Today, most manufactured products in the United 
States are now asbestos-free (Ref. 17).
    In 1989, EPA published a final rule Asbestos: Manufacture, 
Importation, Processing, and Distribution in Commerce Prohibitions (54 
FR 29460, July 12, 1989) (FRL-3476-2), which was intended ``to 
prohibit, at staged intervals, the future manufacture, importation, 
processing and distribution in commerce of asbestos in almost all 
products, as identified in the rule . . .'' and to ``reduce the 
unreasonable risks presented to human health by exposure to asbestos 
during activities involving these products.'' The 1989 final rule 
applied to the asbestos product categories identified in the Regulatory 
Impact Analysis of Controls on Asbestos and Asbestos Products, which 
was conducted in support of the rule (Ref. 20). However, the ban 
against most of the asbestos product categories was overturned by the 
Fifth Circuit Court of Appeals in 1991. In addition to the asbestos 
products that remain banned after the court ruling, which are 
identified in Table 1 below, any new use of asbestos was also banned. 
The prohibition on any new uses of asbestos is for uses initiated for 
the first time after August 25, 1989. As a point of clarification, in 
this proposed rulemaking, a significant new use of asbestos addresses 
multiple uses that were initiated prior to August 25, 1989, for which 
manufacturing and processing are no longer ongoing in the United 
States.

[[Page 26926]]



    Table 1--Asbestos Containing Product Categories Banned Under TSCA
                                Section 6
------------------------------------------------------------------------
         Product category                Definition (40 CFR 763.163)
------------------------------------------------------------------------
Corrugated Paper..................  Corrugated paper means an asbestos-
                                     containing product made of
                                     corrugated paper, which is often
                                     cemented to a flat backing, may be
                                     laminated with foils or other
                                     materials, and has a corrugated
                                     surface. Major applications of
                                     asbestos corrugated paper include:
                                     Thermal insulation for pipe
                                     coverings; block insulation; panel
                                     insulation in elevators; insulation
                                     in appliances; and insulation in
                                     low-pressure steam, hot water, and
                                     process lines.
Rollboard.........................  Rollboard means an asbestos-
                                     containing product made of paper
                                     that is produced in a continuous
                                     sheet, is flexible, and is rolled
                                     to achieve a desired thickness.
                                     Asbestos rollboard consists of two
                                     sheets of asbestos paper laminated
                                     together. Major applications of
                                     this product include: Office
                                     partitioning; garage paneling;
                                     linings for stoves and electric
                                     switch boxes; and fire-proofing
                                     agent for security boxes, safes,
                                     and files.
Commercial Paper..................  Commercial paper means an asbestos-
                                     containing product that is made of
                                     paper intended for use as general
                                     insulation paper or muffler paper.
                                     Major applications of commercial
                                     papers are insulation against fire,
                                     heat transfer, and corrosion in
                                     circumstances that require a thin,
                                     but durable, barrier.
Specialty Paper...................  Specialty paper means an asbestos-
                                     containing product that is made of
                                     paper intended for use as filters
                                     for beverages or other fluids or as
                                     paper fill for cooling towers.
                                     Cooling tower fill consists of
                                     asbestos paper that is used as a
                                     cooling agent for liquids from
                                     industrial processes and air
                                     conditioning systems.
Flooring Felt.....................  Flooring felt means an asbestos-
                                     containing product that is made of
                                     paper felt intended for use as an
                                     underlayer for floor coverings, or
                                     to be bonded to the underside of
                                     vinyl sheet flooring.
New Uses *........................  The commercial uses of asbestos not
                                     identified in Sec.   763.165 the
                                     manufacture, importation or
                                     processing of which would be
                                     initiated for the first time after
                                     August 25, 1989.
------------------------------------------------------------------------
* Note: A ``new use'' as defined in 40 CFR 763.163 is distinct from a
  significant new use per TSCA section 5(a)(2), which is explained for
  the purposes of this proposed rule in Table 2.

    As part of the information gathering activity associated with the 
current asbestos risk evaluation, the Agency researched market 
availability for the asbestos product categories subject to the 1989 
asbestos ban and phase-out rule that was later overturned. EPA 
identified several asbestos product categories where manufacturing 
(including importing) and processing for the use is no longer ongoing. 
Through further refinement of the Scope of the Risk Evaluation for 
Asbestos, the Agency determined that asbestos-containing cement 
products (e.g., pipe, shingles and replacement parts) are the only 
condition of use of asbestos in building materials; therefore, this 
proposed SNUR also applies to all asbestos-containing building 
materials other than asbestos cement products. These product categories 
and descriptions are listed in Table 2, and manufacturing and 
processing for these product categories are significant new uses 
subject to this proposed rulemaking. The product category descriptions 
are based on the product category descriptions presented in the 
Regulatory Impact Analysis of Controls on Asbestos and Asbestos 
Products for the 1989 final rule (Ref. 20) and may not be all-
encompassing.

Table 2--Product Categories of Proposed Significant New Uses of Asbestos
------------------------------------------------------------------------
         Product category            Description of the product category
------------------------------------------------------------------------
Arc Chutes........................  Ceramic arc chutes containing
                                     asbestos were used to guide
                                     electric arcs in motor starter
                                     units in electric generating
                                     plants.
Beater-Add Gaskets................  Asbestos fibers were incorporated
                                     within various elastomeric binders
                                     and other fillers to form the
                                     beater-add paper. These products
                                     were used extensively for internal
                                     combustion applications and for the
                                     sealing component of spiral wound
                                     gaskets. Gaskets were used to seal
                                     one compartment of a device from
                                     another in non-dynamic applications
                                     such as engine and exhaust
                                     manifolds.
Extruded Sealant Tape and Other     Sealant tape was made from a semi-
 Tape.                               liquid mixture of butyl rubber and
                                     asbestos. On exposure to air, the
                                     sealant solidified forming a rubber
                                     tape about an inch wide and an
                                     eighth of an inch thick. The tape
                                     acted as a gasket for sealing
                                     building windows, automotive
                                     windshields, and mobile home
                                     windows. It was also used in the
                                     manufacture of parts for the
                                     aerospace industry and in the
                                     manufacture of insulated glass.
Filler for Acetylene Cylinders....  Asbestos was used to produce a
                                     sponge-like filler, which held the
                                     liquefied acetylene gas (acetone)
                                     in suspension in the steel cylinder
                                     and puled the acetone up through
                                     the tank as the gas was released
                                     through the oxyacetylene torch. The
                                     torch was used to weld or cut metal
                                     and sometimes used as an illuminant
                                     gas. The filler also acted as an
                                     insulator that offered fire
                                     protection in case the oxidation of
                                     the acetylene became
                                     uncontrollable.
High-Grade Electrical Paper.......  The major use of asbestos electrical
                                     paper was insulation for high
                                     temperature, low voltage
                                     applications such as in motors,
                                     generators, transformers, switch
                                     gears, and other heavy electrical
                                     apparatuses.
Millboard.........................  Asbestos millboard was essentially a
                                     heavy cardboard product that was
                                     used for gasketing, insulation,
                                     fireproofing, and resistance
                                     against corrosion and rot.
                                     Millboard was used in many
                                     industrial applications to include
                                     linings in boilers, kilns, and
                                     foundries; insulation in glass tank
                                     crowns, melters, refiners, and
                                     sidewalls in the glass industry;
                                     linings for troughs and covers in
                                     the aluminum, marine, and aircraft
                                     industries; and thermal protection
                                     in circuit breakers in the
                                     electrical industry. In addition,
                                     thin millboard was inserted between
                                     metal to produce gaskets.
                                     Commercial applications for
                                     millboard included fireproof
                                     linings for safes, dry-cleaning
                                     machines, and incinerators.
Missile Liner.....................  A missile liner was an asbestos and
                                     rubber compound used to insulate
                                     the outer casing of the rocket from
                                     the intense heat generated in the
                                     rocket motor while the rocket fuel
                                     was burned. Rockets and rocket
                                     boosters were used to propel a
                                     number of objects including
                                     military weapons and the space
                                     shuttle.

[[Page 26927]]

 
Adhesives, Sealants, and Roof and   The automobile industry historically
 Non-Roof Coatings.                  used asbestos in a wide variety of
                                     adhesive, sealant, and coating
                                     applications. The aerospace
                                     industry used asbestos in extremely
                                     specialized applications such as
                                     firewall sealants and epoxy
                                     adhesives. Non-roof coatings were
                                     used to prevent corrosion (e.g., as
                                     vehicle undercoatings and
                                     underground pipe coatings). Roof
                                     coatings were used to repair and
                                     patch roofs, seal around
                                     projections such as chimneys and
                                     vent pipes, and bond horizontal and
                                     vertical surfaces.
Pipeline Wrap.....................  Pipeline wrap was an asbestos felt
                                     product primarily used by the oil
                                     and gas industry for coating its
                                     pipelines. Asbestos pipeline wrap
                                     was also used in the coal tar
                                     enamel method of coating pipes,
                                     some above-ground applications
                                     (such as for special piping in
                                     cooling towers), and was also used
                                     by the chemical industry for
                                     underground hot water and steam
                                     piping.
Reinforced Plastics...............  Asbestos-reinforced plastics were
                                     used for electro-mechanical parts
                                     in the automotive and appliance
                                     industries and as high-performance
                                     plastics for the aerospace
                                     industry. Asbestos-reinforced
                                     plastic was typically a mixture of
                                     some type of plastic resin (usually
                                     phenolic or epoxy), a general
                                     filler (often chalk or limestone),
                                     and raw asbestos fiber.
Roofing Felt......................  Asbestos roofing felt was single or
                                     multi-layered grade and used for
                                     built-up roofing. Asbestos was used
                                     in roofing felts because of its
                                     dimensional stability and
                                     resistance to rot, fire, and heat.
Separators in Fuel Cells and        In very specialized aerospace
 Batteries.                          applications, asbestos functioned
                                     as an insulator and separator
                                     between the negative and positive
                                     terminals of a fuel cell/battery.
Vinyl-Asbestos Floor Tile.........  Vinyl-asbestos floor tile was used
                                     in commercial, residential, and
                                     institutional buildings in heavy
                                     traffic areas such as supermarkets,
                                     department stores, commercial
                                     plants, kitchens, and ``pivot
                                     points''--entry ways and areas
                                     around elevators
Any Other Building Materials        Examples include insulation,
 (other than cement) *.              plasters, mastics, textured paints
                                     (e.g., simulates stucco), and block
                                     filler paints (e.g., for coating
                                     masonry).
------------------------------------------------------------------------
* Note: Not a product category described in the same terms in the
  Regulatory Impact Analysis; this broader product category is used
  generally to describe a number of specific product categories
  identified during the TSCA section 6 risk evaluation process.

    As part of the current asbestos risk evaluation process, the Agency 
identified conditions of use to be considered under the TSCA risk 
evaluation. Those include: Imported raw bulk chrysotile asbestos for 
the fabrication of diaphragms for use in chlorine and sodium hydroxide 
production and several imported chrysotile asbestos-containing 
materials including sheet gaskets for use in titanium dioxide chemical 
production, brake blocks for use in oil drilling, aftermarket 
automotive brakes/linings and other vehicle friction products, other 
gaskets and packing, cement products, and woven products. These ongoing 
uses identified by EPA are not among the significant new uses 
identified in this proposal and therefore would not require a 
significant new use notification submission to the Agency. EPA requests 
comment regarding any ongoing uses not identified by the Agency and 
welcomes specific and verifiable documentation. EPA also requests 
comment on additional uses not identified as no longer ongoing.
    In the absence of this proposed rule, the importing or processing 
of asbestos (including as part of an article) for the significant new 
uses proposed in this rule may begin at any time, without prior notice 
to EPA. Thus, EPA is concerned that commencement of the manufacturing 
(including importing) or processing for the significant new uses of 
asbestos identified in Table 2 could significantly increase the volume 
of manufacturing (including importing) and processing of asbestos as 
well as the magnitude and duration of exposure to humans over that 
which would otherwise exist currently. EPA has preliminarily concluded 
that action on this chemical substance is warranted and therefore 
proposes that any manufacturing (including importing) or processing of 
asbestos (including as part of an article), using the definition under 
Title II of TSCA, for any use identified in Table 2 would be a 
significant new use.
    Consistent with EPA's past practice for issuing SNURs under TSCA 
section 5(a)(2), EPA's decision to propose a SNUR for a particular 
chemical use need not be based on an extensive evaluation of the 
hazard, exposure, or potential risk associated with that use. If a 
person decides to begin manufacturing (including importing) or 
processing asbestos (including as part of an article) for a use 
identified in Table 2, the notice to EPA allows the Agency to evaluate 
the use according to the specific parameters and circumstances 
surrounding the conditions of use.

B. Rationale for Making Inapplicable the Exemption at 40 CFR 721.45(f) 
for Persons Who Import or Process Asbestos

    Chemical substances that are part of an article may still result in 
exposure if the chemical substance has certain physical-chemical 
properties--as in the case of asbestos, fibers can degrade with use and 
become friable over time where human exposures can occur leading to 
increased risks for disease (Ref. 3; Ref. 15; Ref. 16). During use and 
over time, non-friable asbestos has the potential to become friable 
(Ref. 3). For example, testing has shown that non-friable asbestos-
containing material can become friable during use such as cutting, 
crumbling, and tearing, and as a result of such use, asbestos fibers 
can be released into the air (Ref. 15). Similarly, non-friable 
asbestos-containing building materials can release fibers if disturbed 
during building repair or demolition (Ref. 16). Therefore, EPA is 
proposing to make inapplicable the exemption at 40 CFR 721.45(f) for 
persons who import or process any asbestos as part of an article for 
the proposed significant new uses, which are identified in Table 2. A 
person who imports or processes asbestos (including as part of an 
article) for a proposed significant new use identified in Table 2 would 
be subject to the significant new use notification requirements in this 
proposed rule. No person would be able to begin importing or processing 
asbestos (including as part of an article) for a proposed significant 
new use without first submitting a SNUN to EPA and until the Agency has 
conducted a review of the notice, made an appropriate determination on 
the notice, and taken such actions as are required in association with 
that determination.
    As requested in Unit XII., EPA asks for comment on the Agency's 
understanding of ongoing uses. When submitting a comment to the Agency, 
EPA requests specific and verifiable information that provides evidence 
of ongoing uses beyond those identified in this proposed rule.

[[Page 26928]]

C. Objectives

    Based on the considerations in Unit III.A., EPA wants to achieve 
the following objectives with regard to the significant new use of 
asbestos (including as part of an article) as designated in this 
proposed rule:
    1. EPA would receive notice of any person's intent to manufacture 
(including import) or process asbestos (including as part of an 
article) for the described significant new use before that activity 
begins.
    2. EPA would have an opportunity to review and evaluate data 
submitted in a SNUN before the notice submitter begins manufacturing 
(including importing) or processing asbestos (including as part of an 
article) for the described significant new use.
    3. EPA would be able to either determine that the significant new 
use is not likely to present an unreasonable risk, or take necessary 
regulatory action associated with any other determination before the 
described significant new use of asbestos (including as part of an 
article) occurs.

IV. Significant New Use Determination

    Section 5(a)(2) of TSCA states that EPA's determination that a use 
of a chemical substance is a significant new use must be made after 
consideration of all relevant factors including:
    1. The projected volume of manufacturing and processing of a 
chemical substance.
    2. The extent to which a use changes the type or form of exposure 
of human beings or the environment to a chemical substance.
    3. The extent to which a use increases the magnitude and duration 
of exposure of human beings or the environment to a chemical substance.
    4. The reasonably anticipated manner and methods of manufacturing, 
processing, distribution in commerce, and disposal of a chemical 
substance.
    In addition to these factors enumerated in TSCA section 5(a)(2), 
the statute authorizes EPA to consider any other relevant factors.
    Both federal and state environmental protection agencies and 
occupational safety and health organizations provide existing 
regulation pertaining to certain aspects of the manufacturing 
(including importing), processing, use, and/or disposal of asbestos in 
order to protect consumers, workers, and the environment. EPA believes 
the significant new uses of asbestos identified in Table 2 could 
increase the volume of manufacturing (including importing) and 
processing of asbestos, as well as the duration and magnitude of human 
and environmental exposure to the substance, reverse the declining 
trend of national import volumes of the substance, and reintroduce 
exposure scenarios that have become obsolete over the past several 
decades. It is imperative that EPA be notified of any intended 
significant new use of asbestos identified in Table 2 and be provided 
the opportunity to evaluate such proposed new use. Once a SNUR is 
finalized, failure to notify EPA and file a SNUN prior to manufacturing 
or processing for the significant new uses would constitute a violation 
of TSCA and would be subject to penalties, accordingly.
    To determine what would constitute a significant new use of 
asbestos as discussed in this unit, EPA considered relevant information 
about the toxicity or expected toxicity of the substance, likely human 
exposures and environmental releases associated with possible uses, and 
the four factors listed in Section 5(a)(2) of TSCA. In addition to 
these factors enumerated in TSCA section 5(a)(2), the statute 
authorizes EPA to consider any other relevant factors.
    The article exemption at 40 CFR 721.45(f) is based on an assumption 
that people and the environment will generally not be exposed to 
chemical substances in articles (Ref. 18). However, even when contained 
in an article, asbestos can become friable over time with use (Ref. 3; 
Ref. 15; Ref. 16). Based on this understanding, upon submission of a 
SNUN, EPA intends to evaluate the potential risk of exposure to human 
health and the environment for any proposed significant new use of 
asbestos (including as part of an article). This understanding warrants 
making the exemption at 40 CFR 721.45(f) inapplicable to importers or 
processors of articles containing asbestos. Considering the potential 
friability of asbestos, even when incorporated in articles, and the 
health risks associated with exposure to asbestos, EPA proposes to 
affirmatively find under TSCA section 5(a)(5) that notification is 
justified by the reasonable potential for exposure to asbestos through 
the articles subject to this SNUR. EPA intends to evaluate such 
potential uses whether in the form of an article or not before those 
uses would begin for any associated risks or hazards that might exist. 
EPA has reason to anticipate that importing or processing asbestos as 
part of an article would create the potential for exposure to asbestos, 
and that EPA should have an opportunity to review the intended use 
before such use could occur. Persons subject to this proposed SNUR are 
required to notify EPA at least 90 days prior to commencing 
manufacturing (including importing) or processing of the substance for 
the new use. This required notification provides EPA with the 
opportunity to evaluate an intended significant new use of the 
regulated chemical substance and, if necessary, an opportunity to 
protect against potential unreasonable risks.

V. Applicability of General Provisions

    General provisions for SNURs appear under 40 CFR part 721, subpart 
A. These provisions describe persons subject to the rule, recordkeeping 
requirements, and exemptions to reporting requirements.
    Provisions relating to user fees appear at 40 CFR part 700. 
According to 40 CFR 721.1(c), persons subject to SNURs must comply with 
the same notice requirements and EPA regulatory procedures as 
submitters of Premanufacture Notices (PMNs) under TSCA section 
5(a)(1)(A). In particular, these requirements include the information 
submission requirements of TSCA sections 5(b) and 5(d)(1), the 
exemptions authorized by TSCA sections 5(h)(1), (h)(2), (h)(3), and 
(h)(5), and the regulations at 40 CFR part 720. Once EPA receives a 
SNUN, EPA must either determine that the significant new use is not 
likely to present an unreasonable risk of injury or take such 
regulatory action as is associated with an alternative determination 
before the manufacturing (including importing) or processing for the 
significant new use can commence. If EPA determines that the 
significant new use is not likely to present an unreasonable risk, EPA 
is required under TSCA section 5(g) to make public, and submit for 
publication in the Federal Register, a statement of EPA's finding.

VI. Applicability of Rule to Uses Occurring Before Effective Date of 
the Final Rule

    EPA designates June 1, 2018 (the date of web posting of this 
proposed rule) as the cutoff date for determining whether the new use 
is ongoing. The objective of EPA's approach is to ensure that a person 
cannot defeat a SNUR by initiating a significant new use before the 
effective date of the final rule. In developing this proposed rule, EPA 
has recognized that, given EPA's general practice of posting proposed 
and final SNURs on its website a week or more in advance of Federal 
Register publication, this objective could be thwarted even before that 
publication.
    Persons who begin commercial manufacturing (including importing) or 
processing of the chemical substance (to include importing or 
processing articles

[[Page 26929]]

and components thereof containing the chemical substance) for a 
significant new use identified as of June 1, 2018 would have to cease 
any such activity upon the effective date of the final rule. To resume 
their activities, these persons would have to first comply with all 
applicable SNUR notification requirements and wait until all TSCA 
prerequisites for the commencement of manufacturing (including 
importing) or processing have been satisfied (see Federal Register 
documents of April 24, 1990 (55 FR 17376) (FRL-3658-5) and November 28, 
2016 (81 FR 85472) (FRL-9945-53) for additional information).

VII. Development and Submission of Information

    EPA recognizes that TSCA section 5 does not usually require 
developing new information (e.g., generating test data) before 
submission of a SNUN; however, there is an exception: Development of 
information is required where the chemical substance subject to the 
SNUR is also subject to a rule, order, or consent agreement under TSCA 
section 4 (see TSCA section 5(b)(1)). Also pursuant to TSCA section 
4(h), which pertains to reduction of testing of vertebrate animals, EPA 
encourages consultation with the Agency on the use of alternative test 
methods and strategies (also called New Approach Methodologies or 
NAMs), if available, to generate any recommended test data. EPA 
encourages dialogue with Agency representatives to help determine how 
best the submitter can meet both the data needs and the objective of 
TSCA section 4(h).
    In the absence of a TSCA section 4 test rule covering the chemical 
substance, persons are required to submit only information in their 
possession or control and to describe any other information known to or 
reasonably ascertainable by them (15 U.S.C. 2604(d); 40 CFR 721.25, and 
40 CFR 720.50). However, as a general matter, EPA recommends that SNUN 
submitters include information that would permit a reasoned evaluation 
of risks posed by the chemical substance during its manufacturing 
(including importing), processing, use, distribution in commerce, or 
disposal. EPA encourages persons to consult with the Agency before 
submitting a SNUN. As part of this optional pre-notice consultation, 
EPA would discuss specific information it believes may be useful in 
evaluating a significant new use.
    Submitting a SNUN that does not itself include information 
sufficient to permit a reasoned evaluation may increase the likelihood 
that EPA will either respond with a determination that the information 
available to the Agency is insufficient to permit a reasoned evaluation 
of the health and environmental effects of the significant new use or, 
alternatively, that in the absence of sufficient information, the 
manufacturing (including importing), processing, distribution in 
commerce, use, or disposal of the chemical substance may present an 
unreasonable risk of injury.
    SNUN submitters should be aware that EPA will be better able to 
evaluate SNUNs and define the terms of any potentially necessary 
controls if the submitter provides detailed information on human 
exposure and environmental releases that may result from the 
significant new uses of the chemical substance.

VIII. SNUN Submissions

    EPA recommends that submitters consult with the Agency prior to 
submitting a SNUN to discuss what information may be useful in 
evaluating a significant new use. Discussions with the Agency prior to 
submission can afford ample time to conduct any tests that might be 
helpful in evaluating risks posed by the substance. According 
to[emsp14]40 CFR 721.1(c), persons submitting a SNUN must comply with 
the same notice requirements and EPA regulatory procedures as persons 
submitting a PMN, including submission of test data on health and 
environmental effects as described in 40 CFR 720.50. SNUNs must be 
submitted on EPA Form No. 7710-25, generated using e-PMN software, and 
submitted to the Agency in accordance with the procedures set forth in 
40 CFR 721.25 and 40 CFR 720.40. E-PMN software is available 
electronically at http://www.epa.gov/opptintr/newchems.

IX. Economic Analysis

A. SNUNs

    EPA has evaluated the potential costs of establishing SNUR 
reporting requirements for potential manufacturers (including 
importers) and processors of the chemical substance included in this 
proposed rule (Ref. 8). In the event that a SNUN is submitted, average 
costs are estimated at approximately $9,937 per SNUN submission for 
large business submitters and $7,537 for small business submitters. 
These estimates include the cost to prepare and submit the SNUN, and 
the payment of a user fee. Businesses that submit a SNUN would be 
subject to either a $2,500 user fee required by 40 CFR 
700.45(b)(2)(iii), or, if they are a small business with annual sales 
of less than $40 million when combined with those of the parent company 
(if any), a reduced user fee of $100 (40 CFR 700.45(b)(1)). On February 
26, 2018, EPA proposed raising the fee for SNUNs to $2,800 for small 
businesses and $16,000 for other businesses (83 FR 8212). Further, on 
November 30, 2017, EPA determined that revisions to the current small 
business size standards for TSCA reporting and recordkeeping 
requirements are warranted (82 FR 56824). Businesses that submit a SNUN 
are also estimated to incur average costs of $67 for rule 
familiarization. First time submitters will incur an average cost of 
$128 for Central Data Exchange (CDX) registration and associated 
activities. Companies manufacturing, importing, or processing asbestos 
or articles containing asbestos will incur an average cost of $80 for 
notifying their customers of SNUR regulatory activities.
    The costs of submitting a SNUN will not be incurred by any company 
unless a company decides to pursue a significant new use as defined in 
this proposed SNUR. Additionally, these estimates reflect the costs and 
fees as they are known at the time this rule is promulgated. EPA's 
complete economic analysis is available in the public docket for this 
proposed rule (Ref. 8).

B. Export Notification

    Under Section 12(b) of TSCA and the implementing regulations at 40 
CFR part 707, subpart D, exporters must notify EPA if they export or 
intend to export a chemical substance or mixture for which, among other 
things, a rule has been proposed or promulgated under TSCA section 5. 
As explained in Unit I., export notifications are required for 
asbestos, but not for articles containing asbestos. EPA is not 
proposing that asbestos-containing articles be subject to the export 
notification requirements; therefore, EPA assumes no additional costs 
under TSCA section 12(b) for this proposed rule.
    In general, for persons exporting a substance that is the subject 
of a SNUR, a one-time notice to EPA must be provided for the first 
export or intended export to a particular country. The total costs of 
export notification will vary by chemical, depending on the number of 
required notifications (i.e., the number of countries to which the 
chemical is exported). While EPA is unable to make any estimate of the 
likely number of export notifications for the chemical covered in this 
proposed SNUR, as stated in the accompanying economic analysis of this 
proposed SNUR, the estimated cost of the export notification

[[Page 26930]]

requirement on a per unit basis is approximately $96.

C. Import or Processing Chemical Substances as Part of an Article

    In making inapplicable the exemption relating to persons that 
import or process certain chemical substances as part of an article, 
this action may affect firms that plan to import or process types of 
articles that may contain the asbestos. Some firms have an 
understanding of the contents of the articles they import or process. 
However, EPA acknowledges that importers and processors of articles may 
have varying levels of knowledge about the chemical content of the 
articles that they import or process. These parties may need to become 
familiar with the requirements of the rule. And, while not required by 
the SNUR, these parties may take additional steps to determine whether 
the subject chemical substance is part of the articles they are 
considering for importing or processing. This determination may involve 
activities such as gathering information from suppliers along the 
supply chain and/or testing samples of the article itself. Costs vary 
across the activities chosen and the extent of familiarity a firm has 
regarding the articles it imports or processes. Cost ranges are 
presented in the Understanding the Costs Associated with Eliminating 
Exemptions for Articles in SNURs (Ref. 19). Based on available 
information, EPA believes that article importers or processors that 
choose to investigate their products would incur costs at the lower end 
of the ranges presented in the Economic Analysis. For those companies 
choosing to undertake actions to assess the composition of the articles 
they import or process, EPA expects that importers or processors would 
take actions that are commensurate with the company's perceived 
likelihood that a chemical substance might be a part of an article for 
the significant new uses subject to this proposed rulemaking 
(identified in Table 2) and the resources it has available. Example 
activities and their costs are provided in the accompanying Economic 
Analysis of this proposed rule (Ref. 8).

X. Alternatives

    Before proposing this SNUR, EPA considered the following 
alternative regulatory action: Promulgate a TSCA section 8(a) Reporting 
Rule.
    Under a TSCA section 8(a) rule, EPA could, among other things, 
generally require persons to report information to the Agency when they 
intend to manufacture (including import) or process a listed chemical 
for a specific use or any use. However, for asbestos, the use of TSCA 
section 8(a) rather than SNUR authority would have several limitations. 
First, if EPA were to require reporting under TSCA section 8(a) instead 
of TSCA section 5(a), that action would not ensure that EPA receives 
timely advance notice of future manufacturing (including importing) or 
processing of asbestos (including as part of an articles and components 
thereof) for new uses that may produce changes in human and 
environmental exposures. Nor would action under 8(a) ensure that an 
appropriate determination (relevant to the risks of such manufacturing 
(including importing) or processing) has been issued prior to the 
commencement of such manufacturing (including importing) or processing. 
Furthermore, a TSCA section 8(a) rule would not ensure that 
manufacturing (including importing) or processing for the significant 
new use cannot proceed until EPA has responded to the circumstances by 
taking the required actions under Sections 5(e) or 5(f) of TSCA in the 
event that EPA determines any of the following: (1) That the 
significant new use presents an unreasonable risk under the conditions 
of use (without consideration of costs or other non-risk factors, and 
including an unreasonable risk to a potentially exposed or susceptible 
subpopulation identified as relevant by EPA); (2) that the information 
available to EPA is insufficient to permit a reasoned evaluation of the 
health and environmental effects of the significant new use; (3) that 
in the absence of sufficient information, the manufacture (including 
import), processing, distribution in commerce, use, or disposal of the 
substance, or any combination of such activities, may present an 
unreasonable risk (without consideration of costs or other non-risk 
factors, and including an unreasonable risk to a potentially exposed or 
susceptible subpopulation identified as relevant by EPA); or (4) that 
there is substantial production and sufficient potential for 
environmental release or human exposure (as defined in TSCA section 
5(a)(3)(B)(ii)(II)).
    In addition, EPA may not receive important information from small 
businesses, because such firms generally are exempt from TSCA section 
8(a) reporting requirements (see TSCA sections 8(a)(1)(A) and 
8(a)(1)(B)). In view of the level of health concerns about asbestos if 
used for a proposed significant new use, EPA believes that a TSCA 
section 8(a) rule for this substance would not meet EPA's regulatory 
objectives.

XI. Scientific Standards, Evidence, and Available Information

    EPA has used scientific information, technical procedures, 
measures, methods, protocols, methodologies, and models consistent with 
the best available science, as applicable. These sources supply 
information relevant to whether a particular use would be a significant 
new use, based on relevant factors including those listed under TSCA 
section 5(a)(2). As noted in Unit III., EPA's decision to promulgate a 
SNUR for a particular chemical use need not be based on an extensive 
evaluation of the hazard, exposure, or potential risk associated with 
that use.
    The clarity and completeness of the data, assumptions, methods, 
quality assurance, and analyses employed in EPA's decision are 
documented, as applicable and to the extent necessary for purposes of 
this proposed significant new use rule, in Unit II. and in the 
references cited throughout the preamble of this proposed rule. EPA 
recognizes, based on the available information, that there is 
variability and uncertainty in whether any particular significant new 
use would actually present an unreasonable risk. For precisely this 
reason, it is appropriate to secure a future notice and review process 
for these uses, at such time as they are known more definitively. The 
extent to which the various information, procedures, measures, methods, 
protocols, methodologies or models used in EPA's decision have been 
subject to independent verification or peer review is adequate to 
justify their use, collectively, in the record for a significant new 
use rule.

XII. Request for Comment

A. Do you have comments or information about ongoing uses?

    EPA welcomes comment on all aspects of this proposed rule. EPA 
based its understanding of the use profile of this chemical on the 
published literature, the 2016 Chemical Data Reporting submissions, 
market research, review of Safety Data Sheets, and extensive research 
conducted during the early stages of the TSCA risk evaluation for 
asbestos. To confirm EPA's understanding, the Agency is requesting 
public comment on all aspects of this proposed rule. In providing 
comments on an ongoing use of asbestos, it would be helpful to provide 
specific information and documentation sufficient for EPA to 
substantiate any assertions of use.

[[Page 26931]]

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. It is EPA's policy to include all comments 
received in the public docket without change or further notice to the 
commenter and to make the comments available online at 
www.regulations.gov, including any personal information provided, 
unless a comment includes information claimed to be CBI or other 
information whose disclosure is restricted by statute. 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 that you mail to EPA 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, subpart B.
    2. Tips for preparing your comments. When preparing and submitting 
your comments, see the commenting tips at http://www2.epa.gov/dockets/commenting-epa-dockets#tips.

XIII. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket, EPA-HQ-OPPT-2018-0159, 
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. National Toxicology Program. (NTP, 2016). Report on Carcinogens, 
Fourteenth Edition.; Research Triangle Park, NC: U.S. Department of 
Health and Human Services, Public Health Service. Retrieved from 
https://ntp.niehs.nih.gov/ntp/roc/content/profiles/asbestos.pdf.
2. U.S. Environmental Protection Agency. (EPA, 1988). IRIS summary 
for asbestos (CASRN 1332-21-4). Washington, DC: Integrated Risk 
Information System. Retrieved from http://cfpub.epa.gov/ncea/iris/iris_documents/documents/subst/0371_summary.pdf.
3. Agency for Toxic Substances and Disease Registry. (ATSDR, 2001). 
Toxicological profile for asbestos (update). Retrieved from https://www.atsdr.cdc.gov/ToxProfiles/tp.asp?id=30&tid=4.
4. International Agency for Research on Cancer. (IARC, 2012). A 
review of human carcinogens. Part C: Arsenic, metals, fibres, and 
dusts [IARC Monograph]. Lyon, France: World Health Organization. 
Retrieved from http://monographs.iarc.fr/ENG/Monographs/vol100C/mono100C.pdf.
5. International Agency for Research on Cancer. (IARC, 1977). IARC 
monographs on the evaluation of carcinogenic risk of chemicals to 
man: Asbestos. Lyon, France: World Health Organization. Retrieved 
from http://monographs.iarc.fr/ENG/Monographs/vol1-42/mono14.pdf.
6. International Agency for Research on Cancer. (IARC, 1987). 
Asbestos and certain asbestos compounds [IARC Monograph]. In IARC 
Monographs on the Evaluation of Carcinogenic Risks to Humans (pp. 
106-116). Lyon, France. Retrieved from http://monographs.iarc.fr/ENG/Monographs/suppl7/index.php.
7. U.S. Environmental Protection Agency. (EPA, 2017). Scope of the 
Risk Evaluation for Asbestos. Retrieved from https://www.regulations.gov/document?D=EPA-HQ-OPPT-2016-0736-0086.
8. U.S. Environmental Protection Agency. (EPA, 2018). Economic 
Analysis for the Proposed Significant New Use Rule for Asbestos.
9. U.S. Geological Survey. (USGS, 2018). Mineral Commodity Summaries 
2018. Washington, DC: U.S. Department of the Interior. Retrieved 
from https://minerals.usgs.gov/minerals/pubs/mcs/2018/mcs2018.pdf.
10. U.S. Geological Survey. (USGS, 2017). Mineral Commodity 
Summaries: Asbestos. Retrieved from https://minerals.usgs.gov/minerals/pubs/commodity/asbestos/mcs-2017-asbes.pdf.
11. U.S. Customs and Border Protection. (2017). Automated Commercial 
Environment System (ACE).
12. National Research Council. (NRC, 2006). Asbestos: Selected 
cancers. Institute of Medicine (US) Committee on Asbestos: Selected 
Health Effects. Washington, DC: The National Academies Press.
13. National Research Council. (NRC, 1983). Drinking Water and 
Health. Washington, DC: Safe Drinking Water Committee, Board on 
Toxicology and Environmental Health Hazards. Retrieved from http://dx.doi.org/10.17226/326.
14. U.S. Environmental Protection Agency. (EPA, 1980). Ambient water 
quality criteria for asbestos [EPA Report]. (EPA/440/5-80/022). 
Washington, DC.
15. Anderson, P.H. and Farino, W.J. (1982). Analysis of Fiber 
Release from Certain Asbestos Products. Draft Final Report. Prepared 
by GCA Corporation for the U.S. Environmental Protection Agency. 
Retrieved from https://nepis.epa.gov/Exe/ZyPDF.cgi/9101PBZ6.PDF?Dockey=9101PBZ6.PDF.
16. 40 CFR part 61, subpart M, Asbestos National Emission Standards 
for Hazardous Air Pollutants (NESHAP).
17. Virta, R. (2011). Asbestos. Kirk-Othmer Encyclopedia of Chemical 
Technology. Retrieved from http://onlinelibrary.wiley.com/doi/10.1002/0471238961.0119020510151209.a01.pub3/pdf.
18. U.S. Environmental Protection Agency. (EPA, 1984). Significant 
New Uses of Chemical Substances; Certain Chemicals. 49 FR 35014, 
September 5, 1984 (FRL-2541-8).
19. U.S. Environmental Protection Agency. (EPA, 2013). Understanding 
the Costs Associated with Eliminating Exemptions for Articles in 
SNURs. May 1, 2013.
20. U.S. Environmental Protection Agency. (EPA, 1989). Regulatory 
Impact Analysis of Controls on Asbestos and Asbestos Products: Final 
Report: Volume III. (5601989ICF001). Washington, DC: Office of Toxic 
Substances, U.S. Environmental Protection Agency.

XIV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at http://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review under Executive Orders 12866 (58 FR 51735, October 4, 1993) 
and 13563 (76 FR 3821, January 21, 2011).

B. Executive Order 13771: Reducing Regulations and Controlling 
Regulatory Costs

    This action is not expected to be a regulatory action subject to 
Executive Order 13771 (82 FR 9339, February 3, 2017), because this 
action is not a significant regulatory action under Executive Order 
12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA, 44 U.S.C. 3501 et seq. Burden is defined in 5 CFR 
1320.3(b). The information collection activities associated with 
existing chemical SNURs are already approved under OMB control number 
2070-0038 (EPA ICR No. 1188); and the information collection activities 
associated with export notifications are already approved under OMB 
control number 2070-0030 (EPA ICR No. 0795). If an entity were to 
submit a SNUN to the Agency, the burden is estimated to be 
approximately 100 hours per response

[[Page 26932]]

(slightly less for submitters who have already registered to use the 
electronic submission system).
    An agency may not conduct or sponsor, and a person is not required 
to respond to a collection of information that requires OMB approval 
under the PRA, unless it has been approved by OMB and displays a 
currently valid OMB control number. The OMB control numbers for EPA's 
regulations in Title 40 of the CFR, after appearing in the Federal 
Register, are listed in 40 CFR, part 9, and included on the related 
collection instrument, or form, as applicable.

D. Regulatory Flexibility Act (RFA)

    Pursuant to section 605(b) of the RFA, 5 U.S.C. 601 et seq., I 
certify that promulgation of this SNUR would not have a significant 
economic impact on a substantial number of small entities. The 
rationale supporting this conclusion is as follows.
    A SNUR applies to any person (including small or large entities) 
who intends to engage in any activity described in the rule as a 
``significant new use.'' By definition of the word ``new'' and based on 
all information currently available to EPA, it appears that no small or 
large entities presently engage in such activities. Since this proposed 
SNUR will require a person who intends to engage in such activity in 
the future to first notify EPA by submitting a SNUN, no economic impact 
will occur unless someone files a SNUN to pursue a significant new use 
in the future or forgoes profits by avoiding or delaying the 
significant new use. Although some small entities may decide to conduct 
such activities in the future, EPA cannot presently determine how many, 
if any, there may be. However, EPA's experience to date is that, in 
response to the promulgation of SNURs covering over 1,000 chemical 
substances, the Agency receives only a handful of notices per year. 
During the six-year period from 2005-2010, only three submitters self-
identified as small in their SNUN submissions (Ref. 8). EPA believes 
the cost of submitting a SNUN is relatively small compared to the cost 
of developing and marketing a chemical new to a firm or marketing a new 
use of the chemical and that the requirement to submit a SNUN generally 
does not have a significant economic impact.
    Therefore, EPA believes that the potential economic impact of 
complying with this proposed SNUR is not expected to be significant or 
adversely impact a substantial number of small entities. In a SNUR that 
published as a final rule on August 8, 1997 (62 FR 42690) (FRL-5735-4), 
the Agency presented its general determination that proposed and final 
SNURs are not expected to have a significant economic impact on a 
substantial number of small entities.

E. Unfunded Mandates Reform Act (UMRA)

    Based on EPA's experience with proposing and finalizing SNURs, 
State, local, and Tribal governments have not been impacted by these 
rulemakings, and EPA does not have any reason to believe that any 
State, local, or Tribal government would be impacted by this 
rulemaking. As such, the requirements of sections 202, 203, 204, or 205 
of UMRA, 2 U.S.C. 1531-1538, do not apply to this action.

F. Executive Order 13132: Federalism

    This action will not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will 
not have substantial direct effect on 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.

G. 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), because it will 
not have any effect on tribal governments, on the relationship between 
the Federal Government and the Indian tribes, or on the distribution of 
power and responsibilities between the Federal Government and Indian 
tribes.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, 
April 23, 1997), because this action does not address environmental 
health or safety risks, and EPA interprets Executive Order 13045 as 
applying only to those regulatory actions that concern environmental 
health or safety risks that EPA has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of the Executive Order.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211 (66 FR 28355, May 22, 2001), because it is not 
likely to have any effect on energy supply, distribution, or use.

J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve any technical standards, and is 
therefore not subject to considerations under section 12(d) of NTTAA, 
15 U.S.C. 272 note.

K. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    This action will not have disproportionately high and adverse human 
health or environmental effects on minority or low-income populations 
as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action does not affect the level of protection provided to human 
health or the environment.

List of Subjects in 40 CFR Part 721

    Environmental protection, Asbestos, Chemicals, Hazardous 
substances, Reporting and recordkeeping requirements.

    Dated: May 31, 2018.
Tala R. Henry,
Acting Director, Office of Pollution Prevention and Toxics.

    Therefore, for the reasons stated in the preamble, the 
Environmental Protection Agency proposes that 40 CFR chapter I be 
amended as follows:

PART 721--SIGNIFICANT NEW USES OF CHEMICAL SUBSTANCES

0
1. The authority citation for part 721 continues to read as follows:

    Authority:  15 U.S.C. 2604, 2607, and 2625(c).

0
2. Add Sec.  721.11095 to subpart E to read as follows:


Sec.  721.11095   Asbestos.

    (a) Chemical substance and significant new use subject to 
reporting. (1) The chemical substance identified as asbestos (as 
defined by 15 U.S.C. 2642(3) as the asbestiform varieties of chrysotile 
(serpentine), crocidolite (riebeckite), amosite (cummingtonite-
grunerite), anthophyllite, tremolite or actinolite) is subject to 
reporting under this section for the significant new use

[[Page 26933]]

described in paragraph (a)(2) of this section.
    (2) The significant new use is: Manufacturing (including importing) 
or processing for any of the following uses:
    (i) Arc chutes;
    (ii) Beater-add gaskets;
    (iii) Extruded sealant tape and other tape;
    (iv) Filler for acetylene cylinders;
    (v) High grade electrical paper;
    (vi) Millboard;
    (vii) Missile liner;
    (viii) Adhesives, sealants, roof and non-roof coatings;
    (ix) Pipeline wrap;
    (x) Reinforced plastics;
    (xi) Roofing felt;
    (xii) Separators in fuel cells and batteries;
    (xiii) Vinyl-asbestos floor tile; or
    (xiv) Other building products (other than cement products).
    (b) Specific requirements. (1) Section 721.45(f) does not apply to 
this section. A person who intends to manufacture (including import) or 
process the substance identified in paragraph (a)(1) of this section 
for the significant new use identified in (a)(2) of this section as 
part of an article is subject to the notification provisions of Sec.  
721.25.
    (2) [Reserved]

[FR Doc. 2018-12513 Filed 6-8-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                 26922                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

                                                 Congress, through OMB, explanations                     Reporting and recordkeeping                            DATES:  Comments must be received on
                                                 when the Federal agency decides not to                  requirements.                                          or before August 10, 2018.
                                                 use available and applicable voluntary                    Authority: This proposed action is issued            ADDRESSES: Submit your comments,
                                                 consensus standards. This authorization                 under the authority of sections 2002(a), 3006          identified by docket identification (ID)
                                                 does not involve technical standards.                   and 7004(b) of the Solid Waste Disposal Act,           number EPA–HQ–OPPT–2018–0159, by
                                                 Therefore, EPA is not considering the                   as amended, 42 U.S.C. 6912(a), 6926, 6974(b).          one of the following methods:
                                                 use of any voluntary consensus                            Dated: May 2, 2018.                                    • Federal eRulemaking Portal: http://
                                                 standards.                                              Cosmo Servidio,                                        www.regulations.gov. Follow the online
                                                 10. Executive Order 12898: Federal                      Regional Administrator, U.S. EPA Region III.
                                                                                                                                                                instructions for submitting comments.
                                                 Actions To Address Environmental                                                                               Do not submit electronically any
                                                                                                         [FR Doc. 2018–12507 Filed 6–8–18; 8:45 am]
                                                 Justice in Minority Populations and                                                                            information you consider to be
                                                                                                         BILLING CODE 6560–50–P
                                                 Low-Income Populations                                                                                         Confidential Business Information (CBI)
                                                                                                                                                                or other information whose disclosure is
                                                    Executive Order 12898 (59 FR 7629,                                                                          restricted by statute.
                                                                                                         ENVIRONMENTAL PROTECTION
                                                 February 16, 1994) establishes Federal                                                                           • Mail: Document Control Office
                                                                                                         AGENCY
                                                 executive policy on environmental                                                                              (7407M), Office of Pollution Prevention
                                                 justice. Its main provision directs                     40 CFR Part 721                                        and Toxics (OPPT), Environmental
                                                 Federal agencies, to the greatest extent                                                                       Protection Agency, 1200 Pennsylvania
                                                 practicable and permitted by law, to                    [EPA–HQ–OPPT–2018–0159; FRL–9978–76]                   Ave. NW, Washington, DC 20460–0001.
                                                 make environmental justice part of their                                                                         • Hand Delivery: To make special
                                                 mission by identifying and addressing,                  RIN 2070–AK45                                          arrangements for hand delivery or
                                                 as appropriate, disproportionately high                                                                        delivery of boxed information, please
                                                 and adverse human health or                             Asbestos; Significant New Use Rule                     follow the instructions at http://
                                                 environmental effects of their programs,                AGENCY:  Environmental Protection                      www.epa.gov/dockets/contacts.html.
                                                 policies, and activities on minority                    Agency (EPA).                                          Additional instructions on commenting
                                                 populations and low-income                                                                                     or visiting the docket, along with more
                                                                                                         ACTION: Proposed rule.
                                                 populations in the United States. EPA                                                                          information about dockets generally, is
                                                 has determined that this authorization                  SUMMARY:    Under the Toxic Substances                 available at http://www.epa.gov/
                                                 will not have disproportionately high                   Control Act (TSCA), EPA is proposing a                 dockets.
                                                 and adverse human health or                             significant new use rule (SNUR) for                    FOR FURTHER INFORMATION CONTACT:
                                                 environmental effects on minority or                    asbestos as defined under the Asbestos                   For technical information contact:
                                                 low-income populations. This                            Hazard Emergency Response Act. The                     Robert Courtnage, National Program
                                                 authorization does not affect the level of              proposed significant new use of asbestos               Chemicals Division (Mail Code 7404T),
                                                 protection provided to human health or                  (including as part of an article) is                   Office of Pollution Prevention and
                                                 the environment because this document                   manufacturing (including importing) or                 Toxics, Environmental Protection
                                                 authorizes pre-existing State rules                     processing for certain uses identified by              Agency, 1200 Pennsylvania Ave. NW,
                                                 which are equivalent to and no less                     EPA as no longer ongoing. The Agency                   Washington, DC 20460–0001; telephone
                                                 stringent than existing Federal                         has found no information indicating                    number: (202) 566–1081; email address:
                                                 requirements.                                           that the following uses are ongoing, and               courtnage.robert@epa.gov.
                                                 11. The Congressional Review Act, 5                     therefore, the following uses are subject                For general information contact: The
                                                 U.S.C. 801–808                                          to this proposed SNUR: Adhesives,                      TSCA-Hotline, ABVI-Goodwill, 422
                                                                                                         sealants, and roof and non-roof coatings;              South Clinton Ave., Rochester, NY
                                                   The Congressional Review Act, 5                       arc chutes; beater-add gaskets; extruded               14620; telephone number: (202) 554–
                                                 U.S.C. 801–808, generally provides that                 sealant tape and other tape; filler for                1404; email address: TSCA-Hotline@
                                                 before a rule may take effect, the agency               acetylene cylinders; high-grade                        epa.gov.
                                                 promulgating the rule must submit a                     electrical paper; millboard; missile                   SUPPLEMENTARY INFORMATION:
                                                 rule report, which includes a copy of                   liner; pipeline wrap; reinforced plastics;
                                                 the rule, to each House of the Congress                 roofing felt; separators in fuel cells and             I. General Information
                                                 and to the Comptroller General of the                   batteries; vinyl-asbestos floor tile; and              A. Does this action apply to me?
                                                 United States. EPA will submit a report                 any other building material (other than
                                                 containing this document and other                      cement). Persons subject to the SNUR                      You may be potentially affected by
                                                 required information to the U.S. Senate,                would be required to notify EPA at least               this action if you manufacture
                                                 the U.S. House of Representatives, and                  90 days before commencing any                          (including import), process, or
                                                 the Comptroller General of the United                   manufacturing (including importing) or                 distribute in commerce asbestos as
                                                 States prior to publication in the                      processing of asbestos (including as part              defined by TSCA Title II, Section 202
                                                 Federal Register. A major rule cannot                   of an article) for a significant new use.              (15 U.S.C. 2642) (including as part of an
                                                 take effect until 60 days after it is                   The required notification initiates EPA’s              article). The following list of North
                                                 published in the Federal Register. This                 evaluation of the conditions of use                    American Industrial Classification
                                                 action is not a ‘‘major rule’’ as defined               associated with the intended use within                System (NAICS) codes is not intended
                                                 by 5 U.S.C. 804(2).                                     the applicable review period.                          to be exhaustive, but rather provides a
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                         Manufacturing (including importing)                    guide to help readers determine whether
                                                 List of Subjects in 40 CFR Part 271                                                                            this document applies to them.
                                                                                                         and processing (including as part of an
                                                    Environmental protection,                            article) for the significant new use may               Potentially affected entities may
                                                 Administrative practice and procedure,                  not commence until EPA has conducted                   include:
                                                 Confidential business information,                      a review of the notice, made an                           • Construction (NAICS code 23)
                                                 Hazardous waste, Hazardous waste                        appropriate determination on the notice,                  • Manufacturing (NAICS codes 31–
                                                 transportation, Indian lands,                           and taken such actions as are required                 33)
                                                 Intergovernmental relations, Penalties,                 in association with that determination.                   • Wholesale Trade (NAICS code 42)


                                            VerDate Sep<11>2014   17:25 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00058   Fmt 4702   Sfmt 4702   E:\FR\FM\11JNP1.SGM   11JNP1


                                                                          Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules                                            26923

                                                    • Transportation (NAICS code 48)                     determination (15 U.S.C.                               not identify as significant new uses
                                                    This action may also affect certain                  2604(a)(1)(B)(ii)). As described in Unit               those uses that EPA believes are
                                                 entities through pre-existing import                    V., the general SNUR provisions are                    currently ongoing. EPA is requesting
                                                 certification and export notification                   found at 40 CFR part 721, subpart A.                   public comment on this proposal and
                                                 rules under TSCA (15 U.S.C.2601 et                                                                             welcomes specific and verifiable
                                                                                                         C. What action is the Agency taking?
                                                 seq.). Persons who import or process                                                                           documentation of any ongoing uses not
                                                 any chemical substance governed by a                       EPA is proposing a SNUR for                         identified by the Agency as well as
                                                 final SNUR are subject to the TSCA                      asbestos, using the definition in TSCA                 additional uses not identified as no
                                                 section 13 (15 U.S.C. 2612) import                      Title II, Section 202, which defines                   longer ongoing. This proposed SNUR
                                                 certification requirements and the                      asbestos as the ‘‘asbestiform varieties of             would require persons that intend to
                                                 corresponding regulations at 19 CFR                     six fiber types—chrysotile (serpentine),               manufacture (including import) or
                                                 12.118 through 12.127 (see also 19 CFR                  crocidolite (riebeckite), amosite                      process any form of asbestos as defined
                                                 127.28). Those persons must certify that                (cummingtonite-grunerite),                             under Title II of TSCA (including as part
                                                 the shipment of the chemical substance                  anthophyllite, tremolite or actinolite.’’              of an article) for a significant new use,
                                                 complies with all applicable rules and                  The proposed significant new use of                    consistent with the requirements at 40
                                                 orders under TSCA, including any                        asbestos (including as part of an article)             CFR 721.25, to notify EPA at least 90
                                                 SNUR requirements. The EPA policy in                    is manufacturing (including importing)                 days before commencing such
                                                 support of import certification appears                 or processing for certain uses no longer               manufacturing (including importing) or
                                                 at 40 CFR part 707, subpart B.                          ongoing. The Agency found no                           processing. This proposed SNUR would
                                                    In addition, asbestos, as defined in                 information indicating that the                        preclude the commencement of such
                                                 this proposed rule, is already subject to               following uses are ongoing, and                        manufacturing (including importing) or
                                                 TSCA section 6(a) (40 CFR part 763,                     therefore, the following uses are subject              processing until EPA has conducted a
                                                 subparts G and I) rules that trigger the                to this proposed SNUR: Adhesives,                      review of the notice, made an
                                                 export notification provisions of TSCA                  sealants, and roof and non-roof coatings;              appropriate determination on the notice,
                                                 section 12(b) (15 U.S.C. 2611(b); see also              arc chutes; beater-add gaskets; extruded               and taken such actions as are required
                                                 40 CFR 721.20). Any person who                          sealant tape and other tape; filler for                in association with that determination.
                                                 exports or intends to export asbestos                   acetylene cylinders; high-grade
                                                                                                         electrical paper; millboard; missile                   D. Why is the Agency taking this action?
                                                 must comply with the export
                                                 notification requirements in 40 CFR part                liner; pipeline wrap; reinforced plastics;                This proposed SNUR is necessary to
                                                 707, subpart D; however, although EPA                   roofing felt; separators in fuel cells and             ensure that EPA receives timely advance
                                                 is proposing to make inapplicable the                   batteries; vinyl-asbestos floor tile; and              notice of any future manufacturing
                                                 exemption at 40 CFR 721.45(f) for                       any other building material (other than                (including importing) or processing of
                                                 persons who import or process any                       cement).                                               asbestos (including as part of an article)
                                                 asbestos as part of an article in a                        The Frank R. Lautenberg Chemical                    for new uses that may produce changes
                                                 category listed in Table 2, the Agency is               Safety for the 21st Century Act (Pub. L.               in human and environmental exposures,
                                                 not proposing to require export                         114–182, 130 Stat. 448) amended TSCA                   and to ensure that an appropriate
                                                 notification for articles containing                    in June 2016. The new law includes                     determination (relevant to the risks
                                                 asbestos.                                               statutory requirements related to the                  associated with such manufacturing
                                                    If you have any questions regarding                  risk evaluations of conditions of use for              (including importing), processing, and
                                                 the applicability of this action to a                   existing chemicals. Based on the 2014                  use) has been issued prior to the
                                                 particular entity, consult the technical                update of EPA’s TSCA Work Plan for                     commencement of such manufacturing
                                                 information contact listed under FOR                    Chemical Assessments, in December of                   (including importing) or processing.
                                                 FURTHER INFORMATION CONTACT.                            2016, EPA designated asbestos as one of                Today’s action is furthermore necessary
                                                                                                         the first 10 chemical substances subject               to ensure that manufacturing (including
                                                 B. What is the Agency’s authority for                   to the Agency’s initial chemical risk                  importing) or processing for the
                                                 taking this action?                                     evaluations (81 FR 91927), as required                 significant new use cannot proceed
                                                    Section 5(a)(2) of TSCA (15 U.S.C.                   by TSCA section 6(b)(2)(A) (15 U.S.C.                  until EPA has responded to the
                                                 2604(a)(2)) authorizes EPA to determine                 2605(b)(2)(A)).                                        circumstances by taking the required
                                                 that a use of a chemical substance is a                    EPA is separately conducting a risk                 actions under Sections 5(e) or 5(f) of
                                                 ‘‘significant new use.’’ EPA must make                  evaluation of asbestos under its                       TSCA in the event that EPA determines
                                                 this determination by rule after                        conditions of use, pursuant to TSCA                    any of the following: (1) That the
                                                 considering all relevant factors,                       section 6(b)(4)(A). Through scoping and                significant new use presents an
                                                 including those listed in TSCA section                  subsequent research for the asbestos risk              unreasonable risk under the conditions
                                                 5(a)(2) (see Unit IV). Once EPA                         evaluation, EPA identified several                     of use (without consideration of costs or
                                                 determines that a use of a chemical                     conditions of use of asbestos to include               other non-risk factors, and including an
                                                 substance is a significant new use,                     in the risk evaluation. Those include                  unreasonable risk to a potentially
                                                 TSCA section 5(a)(1) requires persons to                imported raw bulk chrysotile asbestos                  exposed or susceptible subpopulation
                                                 submit a significant new use notice                     for the fabrication of diaphragms for use              identified as relevant by EPA); (2) that
                                                 (SNUN) to EPA at least 90 days before                   in chlorine and sodium hydroxide                       the information available to EPA is
                                                 they manufacture (including import) or                  production and several imported                        insufficient to permit a reasoned
                                                 process the chemical substance for that                 chrysotile asbestos-containing materials,              evaluation of the health and
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 use (15 U.S.C. 2604(a)(1)(B)(i)). TSCA                  including sheet gaskets for use in                     environmental effects of the significant
                                                 further prohibits such manufacturing                    titanium dioxide chemical production,                  new use; (3) that, in the absence of
                                                 (including importing) or processing                     brake blocks for use in oil drilling,                  sufficient information, the
                                                 from commencing until EPA has                           aftermarket automotive brakes/linings                  manufacturing (including importing),
                                                 conducted a review of the notice, made                  and other vehicle friction products,                   processing, distribution in commerce,
                                                 an appropriate determination on the                     other gaskets and packing, cement                      use, or disposal of the substance, or any
                                                 notice, and taken such actions as are                   products, and woven products. This                     combination of such activities, may
                                                 required in association with that                       proposed significant new rule would                    present an unreasonable risk (without


                                            VerDate Sep<11>2014   17:25 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00059   Fmt 4702   Sfmt 4702   E:\FR\FM\11JNP1.SGM   11JNP1


                                                 26924                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

                                                 consideration of costs or other non-risk                for articles containing asbestos as                    persons who import or process asbestos
                                                 factors, and including an unreasonable                  articles are generally excluded from the               as part of an article (which includes as
                                                 risk to a potentially exposed or                        TSCA section 12(b) export notification                 a component of an article) because there
                                                 susceptible subpopulation identified as                 requirements. Therefore, EPA assumes                   is reasonable potential for exposure to
                                                 relevant by EPA); or (4) that there is                  no additional costs under TSCA section                 asbestos if the substance is incorporated
                                                 substantial production and sufficient                   12(b) for this proposed rule.                          into articles and then imported or
                                                 potential for environmental release or                     The proposed rule may also affect                   processed. However, in accordance with
                                                 human exposure (as defined in TSCA                      firms that plan to import or process                   the impurity exclusion at 40 CFR
                                                 section 5(a)(3)(B)(ii)(II)).                            articles that may be subject to the                    721.45(d), this proposed significant new
                                                    There is a strong causal association                 SNUR. Although there are no specific                   use rule would not apply to persons
                                                 between asbestos exposure and lung                      requirements in the rule for these firms,              who manufacture (including import) or
                                                 cancer and mesotheliomas (tumors                        they may choose to undertake some                      process asbestos (including as part of an
                                                 arising from the thin membranes that                    activity to assure themselves they are                 article) only as an impurity.
                                                 line the chest (thoracic) and abdominal                 not undertaking a new use. In the
                                                 cavities and surround internal organs)                                                                         B. What are the production volumes and
                                                                                                         accompanying Economic Analysis for                     uses of asbestos?
                                                 (Ref. 1; Ref. 2; Ref. 3; Ref. 4; Ref. 5; Ref.           this proposed SNUR (Ref. 8), example
                                                 6). In addition, other cancers, as well as              steps (and their respective costs) that an               Asbestos has not been mined or
                                                 non-cancer effects, such as respiratory                 importer or processor might take to                    otherwise produced in the United States
                                                 and immune effects, have been                           identify asbestos in articles are                      since 2002; therefore, any new raw bulk
                                                 associated with asbestos exposure (Ref.                 provided. These steps can include                      asbestos used in the United States is
                                                 7).                                                     gathering information through                          imported. According to the U.S.
                                                    Agency research conducted in                         agreements with suppliers, declarations                Geological Survey (USGS),
                                                 support of the TSCA risk evaluation of                  through databases or surveys, or use of                approximately 300 metric tons of raw
                                                 asbestos revealed that the use of                       a third-party certification system.                    bulk asbestos was imported into the
                                                 asbestos has declined dramatically in                   Additionally, importers may require                    United States in 2017 (Ref. 9).
                                                 the United States since the 1970s when                  suppliers to provide certificates of                   Chrysotile is the only form of raw bulk
                                                 asbestos use was at its peak. EPA is                    testing analysis of the products or                    asbestos currently imported, and the
                                                 taking action in this proposed rule to                  perform their own laboratory testing of                chlor-alkali industry is the only known
                                                 ensure that EPA receives timely advance                 certain articles. EPA is unable to                     importer (Ref. 9). EPA did not identify
                                                 notice and makes an appropriate                         predict, however, what, if any,                        any domestic entity that uses raw bulk
                                                 determination prior to the                              particular steps an importer might take;               asbestos other than the chlor-alkali
                                                 commencement of manufacturing                           thus, potential total costs were not                   industry, which uses chrysotile asbestos
                                                 (including importing) or processing for                 estimated.                                             to fabricate diaphragms for use in
                                                 any significant new use of asbestos                                                                            chlorine and sodium hydroxide
                                                 (including as part of an article) as                    II. Chemical Substances Subject to This                production.
                                                 identified in Table 2. The rationale and                Proposed Rule and Associated                             In an effort to identify national import
                                                 objectives for this proposed SNUR are                   Background Information                                 volumes and conditions of use for the
                                                 explained in detail in Unit III.                                                                               asbestos risk evaluation under TSCA
                                                                                                         A. What chemicals are included in the
                                                                                                                                                                section 6(b)(4)(A), EPA searched a
                                                 E. What are the estimated incremental                   proposed SNUR?
                                                                                                                                                                number of available data sources
                                                 impacts of this action?                                    This proposed SNUR applies to                       including EPA’s Chemical Data
                                                   EPA has evaluated the potential costs                 asbestos, using the definition in TSCA                 Reporting (CDR) database, USGS’s
                                                 of establishing SNUR reporting                          Title II (added to TSCA in 1986),                      Mineral Commodities Summary and the
                                                 requirements for potential                              Section 202, which defines asbestos as                 Minerals Yearbook, the U.S.
                                                 manufacturers (including importers)                     the ‘‘asbestiform varieties of six fiber               International Trade Commission’s
                                                 and processors of the chemical                          types—chrysotile (serpentine),                         Dataweb, the U.S. Customs and Border
                                                 substance included in this proposed                     crocidolite (riebeckite), amosite                      Protection’s Automated Commercial
                                                 rule. This Economic Analysis (Ref. 8),                  (cummingtonite-grunerite),                             Environment (ACE) System, and the Use
                                                 which is available in the docket, is                    anthophyllite, tremolite or actinolite.’’              and Market Profile for Asbestos (EPA–
                                                 discussed in Unit IX. and is briefly                    This proposed SNUR Applies to the                      HQ–OPPT–2016–0736–0085). Based on
                                                 summarized here.                                        manufacturing (including importing) or                 this search, EPA published a
                                                   In the event that a SNUN is                           processing of asbestos (including as part              preliminary list of information and
                                                 submitted, costs are estimated to be less               of an article) for certain uses no longer              sources related to asbestos conditions of
                                                 than $10,000 per SNUN submission for                    ongoing. EPA found no information                      use (see Preliminary Information on
                                                 large business submitters and $8,000 for                indicating that the following uses are                 Manufacturing, Processing, Distribution,
                                                 small business submitters. In addition,                 ongoing, and therefore, the following                  Use, and Disposal: Asbestos, EPA–HQ–
                                                 for persons exporting a substance that is               uses are subject to this proposed SNUR:                OPPT–2016–0736–0005) prior to a
                                                 the subject of a SNUR, a one-time notice                Adhesives, sealants, and roof and non-                 February 2017 public meeting on the
                                                 to EPA must be provided for the first                   roof coatings; arc chutes; beater-add                  scoping efforts for the risk evaluation
                                                 export or intended export to a particular               gaskets; extruded sealant tape and other               convened to solicit public comment.
                                                 country, which is estimated to be                       tape; filler for acetylene cylinders; high-            EPA also convened meetings with
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 approximately $96 per notification.                     grade electrical paper; millboard;                     companies, associated industry groups,
                                                 However, asbestos is already subject to                 missile liner; pipeline wrap; reinforced               chemical users and other stakeholders
                                                 TSCA section 6(a) rules (40 CFR part                    plastics; roofing felt; separators in fuel             to aid in identifying conditions of use
                                                 763, subparts G and I) that trigger the                 cells and batteries; vinyl-asbestos floor              and verifying conditions of use
                                                 export notification provisions of TSCA                  tile; and any other building material                  identified by EPA. On June 22, 2017,
                                                 section 12(b) (15 U.S.C. 2611(b); see also              (other than cement). Under this                        EPA published the Scope of the Risk
                                                 40 CFR 721.20), and the Agency is not                   proposed SNUR, the exemption at 40                     Evaluation for Asbestos (EPA–HQ–
                                                 proposing to require export notifications               CFR 721.45(f) would not apply to                       OPPT–2016–0736–0086), which further


                                            VerDate Sep<11>2014   17:25 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00060   Fmt 4702   Sfmt 4702   E:\FR\FM\11JNP1.SGM   11JNP1


                                                                          Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules                                             26925

                                                 provided opportunity for the public and                 residents exposed to various asbestos                     Asbestos, in particular chrysotile
                                                 private sector to identify conditions of                fiber types as well as fiber mixtures (Ref.            asbestos, has several unique properties,
                                                 use of asbestos in the United States.                   4). There is evidence in in-vitro, animal,             including low electrical conductivity
                                                   During the public comment period for                  and human studies that asbestos is                     while maintaining high tensile strength,
                                                 the Preliminary Information on                          genotoxic, meaning asbestos can damage                 high friction coefficient, and high
                                                 Manufacturing, Processing, Distribution,                an organism’s genetic material (Ref. 3).               resistance to heat (Ref. 17). These
                                                 Use, and Disposal: Asbestos (EPA–HQ–                    There is also evidence that asbestos                   properties made asbestos ideal for use in
                                                 OPPT–2016–0736–0005), one company                       exposure is associated with adverse                    friction materials (e.g., brakes),
                                                 identified the use of asbestos-containing               respiratory system effects, such as                    insulation (e.g., sound, heat, and
                                                 gaskets, which are imported, for use                    asbestosis and immunotoxicity (Ref. 3;                 electrical), and building materials (e.g.,
                                                 during the production of titanium                       Ref. 7).                                               cement pipes, roofing compounds,
                                                 dioxide. During stakeholder discussions
                                                                                                         D. What are the potential routes and                   flooring) over the past century.
                                                 another company confirmed importing
                                                 and distributing brake blocks for use in                sources of exposure to asbestos?                       However, the use of asbestos has
                                                 drawworks by the oil industry. EPA                                                                             declined dramatically due to health
                                                                                                            The greatest risk of exposure to
                                                 believes that aftermarket automotive                    asbestos occurs when the substance is in               concerns and consumer preference (Ref.
                                                 brakes/linings and other vehicle friction               a friable state, meaning the fibers can be             17), which has led to the elimination of
                                                 products, other gaskets and packing,                    crumbled, pulverized or reduced to a                   some exposure scenarios associated
                                                 cement products, and woven products                     powder under hand pressure (Ref. 3).                   with such uses. According to USGS, in
                                                 containing asbestos could also be                       During use and over time, non-friable                  1973, national consumption, including
                                                 imported, as reported by USGS (Ref. 10)                 asbestos has the potential to become                   manufacturing/importing and
                                                 and also appear in data from ACE (Ref.                  friable (Ref. 3). For example, testing has             processing, of raw bulk asbestos peaked
                                                 11); however, the volume of products                    shown that non-friable asbestos-                       around 800,000 metric tons and has
                                                 and the quantity of asbestos within                     containing material can become friable                 since fallen approximately 99 percent to
                                                 imported products is unknown. ACE is                    during use such as cutting, crumbling,                 between 300 and 800 metric tons in
                                                 not a publicly accessible database                      and tearing, and as a result of such use,              recent years (Ref. 9). Today, most
                                                 because it contains information that is                 asbestos fibers can be released into the               manufactured products in the United
                                                 protected under the provisions of                       air (Ref. 15). Similarly, non-friable                  States are now asbestos-free (Ref. 17).
                                                 Freedom of Information Act (5 U.S.C.                    asbestos-containing building materials
                                                 552), the Privacy Act (5 U.S.C. 552a),                                                                            In 1989, EPA published a final rule
                                                                                                         can release fibers if disturbed during
                                                 and the Trade Secrets Act (18 U.S.C.                                                                           Asbestos: Manufacture, Importation,
                                                                                                         building repair or demolition (Ref. 16).
                                                 1905), and the information in ACE                                                                              Processing, and Distribution in
                                                                                                         Exposures to workers, consumers and
                                                 related to importer identity cannot be                  the general population, as well as                     Commerce Prohibitions (54 FR 29460,
                                                 released.                                               environmental receptors, may occur                     July 12, 1989) (FRL–3476–2), which was
                                                                                                         from industrial releases and use of                    intended ‘‘to prohibit, at staged
                                                 C. What are the potential health effects
                                                                                                         asbestos-containing products. Based on                 intervals, the future manufacture,
                                                 of asbestos?
                                                                                                         EPA’s research conducted during the                    importation, processing and distribution
                                                    Asbestos was listed as a known                       early stages of the TSCA risk evaluation,              in commerce of asbestos in almost all
                                                 human carcinogen in the National                        most of the ongoing uses of asbestos                   products, as identified in the rule . . .’’
                                                 Toxicology Program’s First Annual                       pertain to industrial and commercial                   and to ‘‘reduce the unreasonable risks
                                                 Report on Carcinogens in 1980 (Ref. 1).                 uses (Ref. 7).                                         presented to human health by exposure
                                                 In 1988, EPA assessed the health                                                                               to asbestos during activities involving
                                                                                                            The primary exposure route for
                                                 hazards and effects caused by exposure                                                                         these products.’’ The 1989 final rule
                                                                                                         asbestos is inhalation. Asbestos fibers
                                                 to asbestos under the Integrated Risk                                                                          applied to the asbestos product
                                                                                                         can be released into the air during
                                                 Information System (IRIS) program, and
                                                                                                         processing of raw bulk asbestos and                    categories identified in the Regulatory
                                                 determined that asbestos exposure can
                                                                                                         asbestos-containing products.                          Impact Analysis of Controls on Asbestos
                                                 lead to lung cancer and mesotheliomas
                                                                                                         Weathering and the disturbance and/or                  and Asbestos Products, which was
                                                 (tumors arising from the thin
                                                                                                         degradation of asbestos-containing                     conducted in support of the rule (Ref.
                                                 membranes that line internal organs)
                                                                                                         products can also cause asbestos fibers                20). However, the ban against most of
                                                 (Ref. 2). Many authorities have
                                                                                                         to be suspended in air (Ref. 3). Fibers                the asbestos product categories was
                                                 established that there is causal
                                                                                                         can then enter the lungs through                       overturned by the Fifth Circuit Court of
                                                 association between asbestos and lung
                                                                                                         inhalation. Exposures to asbestos can                  Appeals in 1991. In addition to the
                                                 cancer and mesotheliomas (Ref. 1; Ref.
                                                                                                         potentially occur via oral and dermal                  asbestos products that remain banned
                                                 3; Ref. 4). EPA also noted in the Scope
                                                                                                         routes; however, EPA anticipates that                  after the court ruling, which are
                                                 of the Risk Evaluation for Asbestos that
                                                                                                         the most likely exposure route is                      identified in Table 1 below, any new
                                                 there is a causal association between
                                                                                                         inhalation.                                            use of asbestos was also banned. The
                                                 exposure to asbestos and cancer of the
                                                 larynx and cancer of the ovary (Ref. 4).                III. Rationale and Objectives                          prohibition on any new uses of asbestos
                                                 There is also suggestive evidence of a                                                                         is for uses initiated for the first time
                                                                                                         A. Rationale
                                                 positive association between asbestos                                                                          after August 25, 1989. As a point of
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 and cancer of the pharynx (Ref. 4; Ref.                   EPA is concerned about the potential                 clarification, in this proposed
                                                 12), stomach (Ref. 3; Ref. 4), and                      for adverse health effects of asbestos                 rulemaking, a significant new use of
                                                 colorectum (Ref. 1; Ref. 3; Ref. 4; Ref.                based on established sound scientific                  asbestos addresses multiple uses that
                                                 12; Ref. 13; Ref. 14). All types of                     data indicating that asbestos is a known               were initiated prior to August 25, 1989,
                                                 asbestos fibers have been reported to                   human carcinogen. Asbestos was listed                  for which manufacturing and processing
                                                 cause mesothelioma. (Ref. 4).                           as a human carcinogen in the National                  are no longer ongoing in the United
                                                    Increases in lung cancer mortality                   Toxicology Program’s First Annual                      States.
                                                 have been reported in both workers and                  Report on Carcinogens in 1980 (Ref. 1).


                                            VerDate Sep<11>2014   17:25 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00061   Fmt 4702   Sfmt 4702   E:\FR\FM\11JNP1.SGM   11JNP1


                                                 26926                           Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

                                                                          TABLE 1—ASBESTOS CONTAINING PRODUCT CATEGORIES BANNED UNDER TSCA SECTION 6
                                                                                                                                                               Definition
                                                              Product category                                                                             (40 CFR 763.163)

                                                 Corrugated Paper ...........................           Corrugated paper means an asbestos-containing product made of corrugated paper, which is often ce-
                                                                                                          mented to a flat backing, may be laminated with foils or other materials, and has a corrugated surface.
                                                                                                          Major applications of asbestos corrugated paper include: Thermal insulation for pipe coverings; block in-
                                                                                                          sulation; panel insulation in elevators; insulation in appliances; and insulation in low-pressure steam, hot
                                                                                                          water, and process lines.
                                                 Rollboard .........................................    Rollboard means an asbestos-containing product made of paper that is produced in a continuous sheet, is
                                                                                                          flexible, and is rolled to achieve a desired thickness. Asbestos rollboard consists of two sheets of asbes-
                                                                                                          tos paper laminated together. Major applications of this product include: Office partitioning; garage pan-
                                                                                                          eling; linings for stoves and electric switch boxes; and fire-proofing agent for security boxes, safes, and
                                                                                                          files.
                                                 Commercial Paper ..........................            Commercial paper means an asbestos-containing product that is made of paper intended for use as gen-
                                                                                                          eral insulation paper or muffler paper. Major applications of commercial papers are insulation against
                                                                                                          fire, heat transfer, and corrosion in circumstances that require a thin, but durable, barrier.
                                                 Specialty Paper ...............................        Specialty paper means an asbestos-containing product that is made of paper intended for use as filters for
                                                                                                          beverages or other fluids or as paper fill for cooling towers. Cooling tower fill consists of asbestos paper
                                                                                                          that is used as a cooling agent for liquids from industrial processes and air conditioning systems.
                                                 Flooring Felt ....................................     Flooring felt means an asbestos-containing product that is made of paper felt intended for use as an
                                                                                                          underlayer for floor coverings, or to be bonded to the underside of vinyl sheet flooring.
                                                 New Uses * ......................................      The commercial uses of asbestos not identified in § 763.165 the manufacture, importation or processing of
                                                                                                          which would be initiated for the first time after August 25, 1989.
                                                   * Note: A ‘‘new use’’ as defined in 40 CFR 763.163 is distinct from a significant new use per TSCA section 5(a)(2), which is explained for the
                                                 purposes of this proposed rule in Table 2.


                                                    As part of the information gathering                           further refinement of the Scope of the                 descriptions are listed in Table 2, and
                                                 activity associated with the current                              Risk Evaluation for Asbestos, the                      manufacturing and processing for these
                                                 asbestos risk evaluation, the Agency                              Agency determined that asbestos-                       product categories are significant new
                                                 researched market availability for the                            containing cement products (e.g., pipe,                uses subject to this proposed
                                                 asbestos product categories subject to                            shingles and replacement parts) are the                rulemaking. The product category
                                                 the 1989 asbestos ban and phase-out                               only condition of use of asbestos in                   descriptions are based on the product
                                                 rule that was later overturned. EPA                               building materials; therefore, this                    category descriptions presented in the
                                                 identified several asbestos product                               proposed SNUR also applies to all                      Regulatory Impact Analysis of Controls
                                                 categories where manufacturing                                    asbestos-containing building materials                 on Asbestos and Asbestos Products for
                                                 (including importing) and processing for                          other than asbestos cement products.                   the 1989 final rule (Ref. 20) and may not
                                                 the use is no longer ongoing. Through                             These product categories and                           be all-encompassing.

                                                                              TABLE 2—PRODUCT CATEGORIES OF PROPOSED SIGNIFICANT NEW USES OF ASBESTOS
                                                              Product category                                                                 Description of the product category

                                                 Arc Chutes ......................................      Ceramic arc chutes containing asbestos were used to guide electric arcs in motor starter units in electric
                                                                                                          generating plants.
                                                 Beater-Add Gaskets ........................            Asbestos fibers were incorporated within various elastomeric binders and other fillers to form the beater-
                                                                                                          add paper. These products were used extensively for internal combustion applications and for the seal-
                                                                                                          ing component of spiral wound gaskets. Gaskets were used to seal one compartment of a device from
                                                                                                          another in non-dynamic applications such as engine and exhaust manifolds.
                                                 Extruded Sealant Tape and Other                        Sealant tape was made from a semi-liquid mixture of butyl rubber and asbestos. On exposure to air, the
                                                   Tape.                                                  sealant solidified forming a rubber tape about an inch wide and an eighth of an inch thick. The tape
                                                                                                          acted as a gasket for sealing building windows, automotive windshields, and mobile home windows. It
                                                                                                          was also used in the manufacture of parts for the aerospace industry and in the manufacture of insu-
                                                                                                          lated glass.
                                                 Filler for Acetylene Cylinders ..........              Asbestos was used to produce a sponge-like filler, which held the liquefied acetylene gas (acetone) in sus-
                                                                                                          pension in the steel cylinder and puled the acetone up through the tank as the gas was released
                                                                                                          through the oxyacetylene torch. The torch was used to weld or cut metal and sometimes used as an illu-
                                                                                                          minant gas. The filler also acted as an insulator that offered fire protection in case the oxidation of the
                                                                                                          acetylene became uncontrollable.
                                                 High-Grade Electrical Paper ...........                The major use of asbestos electrical paper was insulation for high temperature, low voltage applications
                                                                                                          such as in motors, generators, transformers, switch gears, and other heavy electrical apparatuses.
                                                 Millboard ..........................................   Asbestos millboard was essentially a heavy cardboard product that was used for gasketing, insulation, fire-
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                          proofing, and resistance against corrosion and rot. Millboard was used in many industrial applications to
                                                                                                          include linings in boilers, kilns, and foundries; insulation in glass tank crowns, melters, refiners, and side-
                                                                                                          walls in the glass industry; linings for troughs and covers in the aluminum, marine, and aircraft indus-
                                                                                                          tries; and thermal protection in circuit breakers in the electrical industry. In addition, thin millboard was
                                                                                                          inserted between metal to produce gaskets. Commercial applications for millboard included fireproof lin-
                                                                                                          ings for safes, dry-cleaning machines, and incinerators.
                                                 Missile Liner ....................................     A missile liner was an asbestos and rubber compound used to insulate the outer casing of the rocket from
                                                                                                          the intense heat generated in the rocket motor while the rocket fuel was burned. Rockets and rocket
                                                                                                          boosters were used to propel a number of objects including military weapons and the space shuttle.



                                            VerDate Sep<11>2014        17:25 Jun 08, 2018       Jkt 244001   PO 00000   Frm 00062   Fmt 4702   Sfmt 4702    E:\FR\FM\11JNP1.SGM   11JNP1


                                                                                Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules                                              26927

                                                                  TABLE 2—PRODUCT CATEGORIES OF PROPOSED SIGNIFICANT NEW USES OF ASBESTOS—Continued
                                                              Product category                                                               Description of the product category

                                                 Adhesives, Sealants, and Roof and                    The automobile industry historically used asbestos in a wide variety of adhesive, sealant, and coating ap-
                                                   Non-Roof Coatings.                                   plications. The aerospace industry used asbestos in extremely specialized applications such as firewall
                                                                                                        sealants and epoxy adhesives. Non-roof coatings were used to prevent corrosion (e.g., as vehicle under-
                                                                                                        coatings and underground pipe coatings). Roof coatings were used to repair and patch roofs, seal
                                                                                                        around projections such as chimneys and vent pipes, and bond horizontal and vertical surfaces.
                                                 Pipeline Wrap ..................................     Pipeline wrap was an asbestos felt product primarily used by the oil and gas industry for coating its pipe-
                                                                                                        lines. Asbestos pipeline wrap was also used in the coal tar enamel method of coating pipes, some
                                                                                                        above-ground applications (such as for special piping in cooling towers), and was also used by the
                                                                                                        chemical industry for underground hot water and steam piping.
                                                 Reinforced Plastics .........................        Asbestos-reinforced plastics were used for electro-mechanical parts in the automotive and appliance indus-
                                                                                                        tries and as high-performance plastics for the aerospace industry. Asbestos-reinforced plastic was typi-
                                                                                                        cally a mixture of some type of plastic resin (usually phenolic or epoxy), a general filler (often chalk or
                                                                                                        limestone), and raw asbestos fiber.
                                                 Roofing Felt .....................................   Asbestos roofing felt was single or multi-layered grade and used for built-up roofing. Asbestos was used in
                                                                                                        roofing felts because of its dimensional stability and resistance to rot, fire, and heat.
                                                 Separators in Fuel Cells and Bat-                    In very specialized aerospace applications, asbestos functioned as an insulator and separator between the
                                                   teries.                                              negative and positive terminals of a fuel cell/battery.
                                                 Vinyl-Asbestos Floor Tile ................           Vinyl-asbestos floor tile was used in commercial, residential, and institutional buildings in heavy traffic
                                                                                                        areas such as supermarkets, department stores, commercial plants, kitchens, and ‘‘pivot points’’—entry
                                                                                                        ways and areas around elevators
                                                 Any Other Building Materials (other                  Examples include insulation, plasters, mastics, textured paints (e.g., simulates stucco), and block filler
                                                   than cement) *.                                      paints (e.g., for coating masonry).
                                                   * Note: Not a product category described in the same terms in the Regulatory Impact Analysis; this broader product category is used generally
                                                 to describe a number of specific product categories identified during the TSCA section 6 risk evaluation process.


                                                    As part of the current asbestos risk                         magnitude and duration of exposure to                 become friable (Ref. 3). For example,
                                                 evaluation process, the Agency                                  humans over that which would                          testing has shown that non-friable
                                                 identified conditions of use to be                              otherwise exist currently. EPA has                    asbestos-containing material can
                                                 considered under the TSCA risk                                  preliminarily concluded that action on                become friable during use such as
                                                 evaluation. Those include: Imported                             this chemical substance is warranted                  cutting, crumbling, and tearing, and as
                                                 raw bulk chrysotile asbestos for the                            and therefore proposes that any                       a result of such use, asbestos fibers can
                                                 fabrication of diaphragms for use in                            manufacturing (including importing) or                be released into the air (Ref. 15).
                                                 chlorine and sodium hydroxide                                   processing of asbestos (including as part             Similarly, non-friable asbestos-
                                                 production and several imported                                 of an article), using the definition under            containing building materials can
                                                 chrysotile asbestos-containing materials                        Title II of TSCA, for any use identified              release fibers if disturbed during
                                                 including sheet gaskets for use in                              in Table 2 would be a significant new                 building repair or demolition (Ref. 16).
                                                 titanium dioxide chemical production,                           use.                                                  Therefore, EPA is proposing to make
                                                 brake blocks for use in oil drilling,                              Consistent with EPA’s past practice                inapplicable the exemption at 40 CFR
                                                 aftermarket automotive brakes/linings                           for issuing SNURs under TSCA section                  721.45(f) for persons who import or
                                                 and other vehicle friction products,                            5(a)(2), EPA’s decision to propose a                  process any asbestos as part of an article
                                                 other gaskets and packing, cement                               SNUR for a particular chemical use                    for the proposed significant new uses,
                                                 products, and woven products. These                             need not be based on an extensive                     which are identified in Table 2. A
                                                 ongoing uses identified by EPA are not                          evaluation of the hazard, exposure, or                person who imports or processes
                                                 among the significant new uses                                  potential risk associated with that use.              asbestos (including as part of an article)
                                                 identified in this proposal and therefore                       If a person decides to begin                          for a proposed significant new use
                                                 would not require a significant new use                         manufacturing (including importing) or                identified in Table 2 would be subject
                                                 notification submission to the Agency.                          processing asbestos (including as part of             to the significant new use notification
                                                 EPA requests comment regarding any                              an article) for a use identified in Table             requirements in this proposed rule. No
                                                 ongoing uses not identified by the                              2, the notice to EPA allows the Agency                person would be able to begin importing
                                                 Agency and welcomes specific and                                to evaluate the use according to the                  or processing asbestos (including as part
                                                 verifiable documentation. EPA also                              specific parameters and circumstances                 of an article) for a proposed significant
                                                 requests comment on additional uses                             surrounding the conditions of use.                    new use without first submitting a
                                                 not identified as no longer ongoing.                                                                                  SNUN to EPA and until the Agency has
                                                    In the absence of this proposed rule,                        B. Rationale for Making Inapplicable the
                                                                                                                                                                       conducted a review of the notice, made
                                                 the importing or processing of asbestos                         Exemption at 40 CFR 721.45(f) for
                                                                                                                                                                       an appropriate determination on the
                                                 (including as part of an article) for the                       Persons Who Import or Process Asbestos
                                                                                                                                                                       notice, and taken such actions as are
                                                 significant new uses proposed in this                             Chemical substances that are part of                required in association with that
                                                 rule may begin at any time, without                             an article may still result in exposure if            determination.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 prior notice to EPA. Thus, EPA is                               the chemical substance has certain                       As requested in Unit XII., EPA asks
                                                 concerned that commencement of the                              physical-chemical properties—as in the                for comment on the Agency’s
                                                 manufacturing (including importing) or                          case of asbestos, fibers can degrade with             understanding of ongoing uses. When
                                                 processing for the significant new uses                         use and become friable over time where                submitting a comment to the Agency,
                                                 of asbestos identified in Table 2 could                         human exposures can occur leading to                  EPA requests specific and verifiable
                                                 significantly increase the volume of                            increased risks for disease (Ref. 3; Ref.             information that provides evidence of
                                                 manufacturing (including importing)                             15; Ref. 16). During use and over time,               ongoing uses beyond those identified in
                                                 and processing of asbestos as well as the                       non-friable asbestos has the potential to             this proposed rule.


                                            VerDate Sep<11>2014       17:25 Jun 08, 2018      Jkt 244001   PO 00000   Frm 00063   Fmt 4702   Sfmt 4702   E:\FR\FM\11JNP1.SGM   11JNP1


                                                 26928                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

                                                 C. Objectives                                           of human and environmental exposure                    90 days prior to commencing
                                                    Based on the considerations in Unit                  to the substance, reverse the declining                manufacturing (including importing) or
                                                 III.A., EPA wants to achieve the                        trend of national import volumes of the                processing of the substance for the new
                                                 following objectives with regard to the                 substance, and reintroduce exposure                    use. This required notification provides
                                                 significant new use of asbestos                         scenarios that have become obsolete                    EPA with the opportunity to evaluate an
                                                 (including as part of an article) as                    over the past several decades. It is                   intended significant new use of the
                                                                                                         imperative that EPA be notified of any                 regulated chemical substance and, if
                                                 designated in this proposed rule:
                                                                                                         intended significant new use of asbestos               necessary, an opportunity to protect
                                                    1. EPA would receive notice of any
                                                                                                         identified in Table 2 and be provided                  against potential unreasonable risks.
                                                 person’s intent to manufacture
                                                                                                         the opportunity to evaluate such
                                                 (including import) or process asbestos                                                                         V. Applicability of General Provisions
                                                                                                         proposed new use. Once a SNUR is
                                                 (including as part of an article) for the                                                                         General provisions for SNURs appear
                                                                                                         finalized, failure to notify EPA and file
                                                 described significant new use before                                                                           under 40 CFR part 721, subpart A.
                                                                                                         a SNUN prior to manufacturing or
                                                 that activity begins.                                                                                          These provisions describe persons
                                                                                                         processing for the significant new uses
                                                    2. EPA would have an opportunity to                                                                         subject to the rule, recordkeeping
                                                                                                         would constitute a violation of TSCA
                                                 review and evaluate data submitted in a                                                                        requirements, and exemptions to
                                                                                                         and would be subject to penalties,
                                                 SNUN before the notice submitter                                                                               reporting requirements.
                                                                                                         accordingly.
                                                 begins manufacturing (including                            To determine what would constitute a                   Provisions relating to user fees appear
                                                 importing) or processing asbestos                       significant new use of asbestos as                     at 40 CFR part 700. According to 40 CFR
                                                 (including as part of an article) for the               discussed in this unit, EPA considered                 721.1(c), persons subject to SNURs must
                                                 described significant new use.                          relevant information about the toxicity                comply with the same notice
                                                    3. EPA would be able to either                       or expected toxicity of the substance,                 requirements and EPA regulatory
                                                 determine that the significant new use                  likely human exposures and                             procedures as submitters of
                                                 is not likely to present an unreasonable                environmental releases associated with                 Premanufacture Notices (PMNs) under
                                                 risk, or take necessary regulatory action               possible uses, and the four factors listed             TSCA section 5(a)(1)(A). In particular,
                                                 associated with any other determination                 in Section 5(a)(2) of TSCA. In addition                these requirements include the
                                                 before the described significant new use                to these factors enumerated in TSCA                    information submission requirements of
                                                 of asbestos (including as part of an                    section 5(a)(2), the statute authorizes                TSCA sections 5(b) and 5(d)(1), the
                                                 article) occurs.                                        EPA to consider any other relevant                     exemptions authorized by TSCA
                                                 IV. Significant New Use Determination                   factors.                                               sections 5(h)(1), (h)(2), (h)(3), and (h)(5),
                                                                                                            The article exemption at 40 CFR                     and the regulations at 40 CFR part 720.
                                                    Section 5(a)(2) of TSCA states that                  721.45(f) is based on an assumption that               Once EPA receives a SNUN, EPA must
                                                 EPA’s determination that a use of a                     people and the environment will                        either determine that the significant
                                                 chemical substance is a significant new                 generally not be exposed to chemical                   new use is not likely to present an
                                                 use must be made after consideration of                 substances in articles (Ref. 18).                      unreasonable risk of injury or take such
                                                 all relevant factors including:                         However, even when contained in an                     regulatory action as is associated with
                                                    1. The projected volume of                           article, asbestos can become friable over              an alternative determination before the
                                                 manufacturing and processing of a                       time with use (Ref. 3; Ref. 15; Ref. 16).              manufacturing (including importing) or
                                                 chemical substance.                                     Based on this understanding, upon                      processing for the significant new use
                                                    2. The extent to which a use changes                 submission of a SNUN, EPA intends to                   can commence. If EPA determines that
                                                 the type or form of exposure of human                   evaluate the potential risk of exposure                the significant new use is not likely to
                                                 beings or the environment to a chemical                 to human health and the environment                    present an unreasonable risk, EPA is
                                                 substance.                                              for any proposed significant new use of                required under TSCA section 5(g) to
                                                    3. The extent to which a use increases               asbestos (including as part of an article).            make public, and submit for publication
                                                 the magnitude and duration of exposure                  This understanding warrants making the                 in the Federal Register, a statement of
                                                 of human beings or the environment to                   exemption at 40 CFR 721.45(f)                          EPA’s finding.
                                                 a chemical substance.                                   inapplicable to importers or processors
                                                    4. The reasonably anticipated manner                 of articles containing asbestos.                       VI. Applicability of Rule to Uses
                                                 and methods of manufacturing,                           Considering the potential friability of                Occurring Before Effective Date of the
                                                 processing, distribution in commerce,                   asbestos, even when incorporated in                    Final Rule
                                                 and disposal of a chemical substance.                   articles, and the health risks associated                EPA designates June 1, 2018 (the date
                                                    In addition to these factors                         with exposure to asbestos, EPA                         of web posting of this proposed rule) as
                                                 enumerated in TSCA section 5(a)(2), the                 proposes to affirmatively find under                   the cutoff date for determining whether
                                                 statute authorizes EPA to consider any                  TSCA section 5(a)(5) that notification is              the new use is ongoing. The objective of
                                                 other relevant factors.                                 justified by the reasonable potential for              EPA’s approach is to ensure that a
                                                    Both federal and state environmental                 exposure to asbestos through the articles              person cannot defeat a SNUR by
                                                 protection agencies and occupational                    subject to this SNUR. EPA intends to                   initiating a significant new use before
                                                 safety and health organizations provide                 evaluate such potential uses whether in                the effective date of the final rule. In
                                                 existing regulation pertaining to certain               the form of an article or not before those             developing this proposed rule, EPA has
                                                 aspects of the manufacturing (including                 uses would begin for any associated                    recognized that, given EPA’s general
                                                 importing), processing, use, and/or                     risks or hazards that might exist. EPA                 practice of posting proposed and final
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 disposal of asbestos in order to protect                has reason to anticipate that importing                SNURs on its website a week or more
                                                 consumers, workers, and the                             or processing asbestos as part of an                   in advance of Federal Register
                                                 environment. EPA believes the                           article would create the potential for                 publication, this objective could be
                                                 significant new uses of asbestos                        exposure to asbestos, and that EPA                     thwarted even before that publication.
                                                 identified in Table 2 could increase the                should have an opportunity to review                     Persons who begin commercial
                                                 volume of manufacturing (including                      the intended use before such use could                 manufacturing (including importing) or
                                                 importing) and processing of asbestos,                  occur. Persons subject to this proposed                processing of the chemical substance (to
                                                 as well as the duration and magnitude                   SNUR are required to notify EPA at least               include importing or processing articles


                                            VerDate Sep<11>2014   17:25 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00064   Fmt 4702   Sfmt 4702   E:\FR\FM\11JNP1.SGM   11JNP1


                                                                          Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules                                             26929

                                                 and components thereof containing the                   either respond with a determination that               sales of less than $40 million when
                                                 chemical substance) for a significant                   the information available to the Agency                combined with those of the parent
                                                 new use identified as of June 1, 2018                   is insufficient to permit a reasoned                   company (if any), a reduced user fee of
                                                 would have to cease any such activity                   evaluation of the health and                           $100 (40 CFR 700.45(b)(1)). On February
                                                 upon the effective date of the final rule.              environmental effects of the significant               26, 2018, EPA proposed raising the fee
                                                 To resume their activities, these persons               new use or, alternatively, that in the                 for SNUNs to $2,800 for small
                                                 would have to first comply with all                     absence of sufficient information, the                 businesses and $16,000 for other
                                                 applicable SNUR notification                            manufacturing (including importing),                   businesses (83 FR 8212). Further, on
                                                 requirements and wait until all TSCA                    processing, distribution in commerce,                  November 30, 2017, EPA determined
                                                 prerequisites for the commencement of                   use, or disposal of the chemical                       that revisions to the current small
                                                 manufacturing (including importing) or                  substance may present an unreasonable                  business size standards for TSCA
                                                 processing have been satisfied (see                     risk of injury.                                        reporting and recordkeeping
                                                 Federal Register documents of April 24,                    SNUN submitters should be aware                     requirements are warranted (82 FR
                                                 1990 (55 FR 17376) (FRL–3658–5) and                     that EPA will be better able to evaluate               56824). Businesses that submit a SNUN
                                                 November 28, 2016 (81 FR 85472) (FRL–                   SNUNs and define the terms of any                      are also estimated to incur average costs
                                                 9945–53) for additional information).                   potentially necessary controls if the                  of $67 for rule familiarization. First time
                                                 VII. Development and Submission of                      submitter provides detailed information                submitters will incur an average cost of
                                                 Information                                             on human exposure and environmental                    $128 for Central Data Exchange (CDX)
                                                                                                         releases that may result from the                      registration and associated activities.
                                                    EPA recognizes that TSCA section 5                   significant new uses of the chemical                   Companies manufacturing, importing,
                                                 does not usually require developing                     substance.                                             or processing asbestos or articles
                                                 new information (e.g., generating test                                                                         containing asbestos will incur an
                                                 data) before submission of a SNUN;                      VIII. SNUN Submissions
                                                                                                                                                                average cost of $80 for notifying their
                                                 however, there is an exception:                            EPA recommends that submitters                      customers of SNUR regulatory activities.
                                                 Development of information is required                  consult with the Agency prior to                         The costs of submitting a SNUN will
                                                 where the chemical substance subject to                 submitting a SNUN to discuss what                      not be incurred by any company unless
                                                 the SNUR is also subject to a rule, order,              information may be useful in evaluating                a company decides to pursue a
                                                 or consent agreement under TSCA                         a significant new use. Discussions with                significant new use as defined in this
                                                 section 4 (see TSCA section 5(b)(1)).                   the Agency prior to submission can                     proposed SNUR. Additionally, these
                                                 Also pursuant to TSCA section 4(h),                     afford ample time to conduct any tests
                                                 which pertains to reduction of testing of                                                                      estimates reflect the costs and fees as
                                                                                                         that might be helpful in evaluating risks              they are known at the time this rule is
                                                 vertebrate animals, EPA encourages                      posed by the substance. According to 40
                                                 consultation with the Agency on the use                                                                        promulgated. EPA’s complete economic
                                                                                                         CFR 721.1(c), persons submitting a                     analysis is available in the public docket
                                                 of alternative test methods and                         SNUN must comply with the same
                                                 strategies (also called New Approach                                                                           for this proposed rule (Ref. 8).
                                                                                                         notice requirements and EPA regulatory
                                                 Methodologies or NAMs), if available, to                procedures as persons submitting a                     B. Export Notification
                                                 generate any recommended test data.                     PMN, including submission of test data
                                                 EPA encourages dialogue with Agency                                                                              Under Section 12(b) of TSCA and the
                                                                                                         on health and environmental effects as                 implementing regulations at 40 CFR part
                                                 representatives to help determine how                   described in 40 CFR 720.50. SNUNs
                                                 best the submitter can meet both the                                                                           707, subpart D, exporters must notify
                                                                                                         must be submitted on EPA Form No.                      EPA if they export or intend to export
                                                 data needs and the objective of TSCA                    7710–25, generated using e-PMN
                                                 section 4(h).                                                                                                  a chemical substance or mixture for
                                                                                                         software, and submitted to the Agency                  which, among other things, a rule has
                                                    In the absence of a TSCA section 4
                                                                                                         in accordance with the procedures set                  been proposed or promulgated under
                                                 test rule covering the chemical
                                                                                                         forth in 40 CFR 721.25 and 40 CFR                      TSCA section 5. As explained in Unit I.,
                                                 substance, persons are required to
                                                                                                         720.40. E–PMN software is available                    export notifications are required for
                                                 submit only information in their
                                                                                                         electronically at http://www.epa.gov/                  asbestos, but not for articles containing
                                                 possession or control and to describe
                                                                                                         opptintr/newchems.                                     asbestos. EPA is not proposing that
                                                 any other information known to or
                                                 reasonably ascertainable by them (15                    IX. Economic Analysis                                  asbestos-containing articles be subject to
                                                 U.S.C. 2604(d); 40 CFR 721.25, and 40                                                                          the export notification requirements;
                                                                                                         A. SNUNs                                               therefore, EPA assumes no additional
                                                 CFR 720.50). However, as a general
                                                 matter, EPA recommends that SNUN                           EPA has evaluated the potential costs               costs under TSCA section 12(b) for this
                                                 submitters include information that                     of establishing SNUR reporting                         proposed rule.
                                                 would permit a reasoned evaluation of                   requirements for potential                               In general, for persons exporting a
                                                 risks posed by the chemical substance                   manufacturers (including importers)                    substance that is the subject of a SNUR,
                                                 during its manufacturing (including                     and processors of the chemical                         a one-time notice to EPA must be
                                                 importing), processing, use, distribution               substance included in this proposed                    provided for the first export or intended
                                                 in commerce, or disposal. EPA                           rule (Ref. 8). In the event that a SNUN                export to a particular country. The total
                                                 encourages persons to consult with the                  is submitted, average costs are estimated              costs of export notification will vary by
                                                 Agency before submitting a SNUN. As                     at approximately $9,937 per SNUN                       chemical, depending on the number of
                                                 part of this optional pre-notice                        submission for large business submitters               required notifications (i.e., the number
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 consultation, EPA would discuss                         and $7,537 for small business                          of countries to which the chemical is
                                                 specific information it believes may be                 submitters. These estimates include the                exported). While EPA is unable to make
                                                 useful in evaluating a significant new                  cost to prepare and submit the SNUN,                   any estimate of the likely number of
                                                 use.                                                    and the payment of a user fee.                         export notifications for the chemical
                                                    Submitting a SNUN that does not                      Businesses that submit a SNUN would                    covered in this proposed SNUR, as
                                                 itself include information sufficient to                be subject to either a $2,500 user fee                 stated in the accompanying economic
                                                 permit a reasoned evaluation may                        required by 40 CFR 700.45(b)(2)(iii), or,              analysis of this proposed SNUR, the
                                                 increase the likelihood that EPA will                   if they are a small business with annual               estimated cost of the export notification


                                            VerDate Sep<11>2014   17:25 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00065   Fmt 4702   Sfmt 4702   E:\FR\FM\11JNP1.SGM   11JNP1


                                                 26930                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

                                                 requirement on a per unit basis is                      process a listed chemical for a specific               substance would not meet EPA’s
                                                 approximately $96.                                      use or any use. However, for asbestos,                 regulatory objectives.
                                                 C. Import or Processing Chemical                        the use of TSCA section 8(a) rather than               XI. Scientific Standards, Evidence, and
                                                 Substances as Part of an Article                        SNUR authority would have several                      Available Information
                                                                                                         limitations. First, if EPA were to require
                                                    In making inapplicable the exemption                 reporting under TSCA section 8(a)                         EPA has used scientific information,
                                                 relating to persons that import or                      instead of TSCA section 5(a), that action              technical procedures, measures,
                                                 process certain chemical substances as                  would not ensure that EPA receives                     methods, protocols, methodologies, and
                                                 part of an article, this action may affect              timely advance notice of future                        models consistent with the best
                                                 firms that plan to import or process                    manufacturing (including importing) or                 available science, as applicable. These
                                                 types of articles that may contain the                                                                         sources supply information relevant to
                                                                                                         processing of asbestos (including as part
                                                 asbestos. Some firms have an                                                                                   whether a particular use would be a
                                                                                                         of an articles and components thereof)
                                                 understanding of the contents of the                                                                           significant new use, based on relevant
                                                                                                         for new uses that may produce changes
                                                 articles they import or process.                                                                               factors including those listed under
                                                 However, EPA acknowledges that                          in human and environmental exposures.
                                                                                                         Nor would action under 8(a) ensure that                TSCA section 5(a)(2). As noted in Unit
                                                 importers and processors of articles may                                                                       III., EPA’s decision to promulgate a
                                                 have varying levels of knowledge about                  an appropriate determination (relevant
                                                                                                                                                                SNUR for a particular chemical use
                                                 the chemical content of the articles that               to the risks of such manufacturing
                                                                                                                                                                need not be based on an extensive
                                                 they import or process. These parties                   (including importing) or processing) has
                                                                                                                                                                evaluation of the hazard, exposure, or
                                                 may need to become familiar with the                    been issued prior to the commencement
                                                                                                                                                                potential risk associated with that use.
                                                 requirements of the rule. And, while not                of such manufacturing (including                          The clarity and completeness of the
                                                 required by the SNUR, these parties may                 importing) or processing. Furthermore, a               data, assumptions, methods, quality
                                                 take additional steps to determine                      TSCA section 8(a) rule would not                       assurance, and analyses employed in
                                                 whether the subject chemical substance                  ensure that manufacturing (including                   EPA’s decision are documented, as
                                                 is part of the articles they are                        importing) or processing for the                       applicable and to the extent necessary
                                                 considering for importing or processing.                significant new use cannot proceed                     for purposes of this proposed significant
                                                 This determination may involve                          until EPA has responded to the                         new use rule, in Unit II. and in the
                                                 activities such as gathering information                circumstances by taking the required                   references cited throughout the
                                                 from suppliers along the supply chain                   actions under Sections 5(e) or 5(f) of                 preamble of this proposed rule. EPA
                                                 and/or testing samples of the article                   TSCA in the event that EPA determines                  recognizes, based on the available
                                                 itself. Costs vary across the activities                any of the following: (1) That the                     information, that there is variability and
                                                 chosen and the extent of familiarity a                  significant new use presents an                        uncertainty in whether any particular
                                                 firm has regarding the articles it imports              unreasonable risk under the conditions                 significant new use would actually
                                                 or processes. Cost ranges are presented                 of use (without consideration of costs or              present an unreasonable risk. For
                                                 in the Understanding the Costs                          other non-risk factors, and including an               precisely this reason, it is appropriate to
                                                 Associated with Eliminating                             unreasonable risk to a potentially                     secure a future notice and review
                                                 Exemptions for Articles in SNURs (Ref.                  exposed or susceptible subpopulation                   process for these uses, at such time as
                                                 19). Based on available information,                    identified as relevant by EPA); (2) that               they are known more definitively. The
                                                 EPA believes that article importers or                  the information available to EPA is                    extent to which the various information,
                                                 processors that choose to investigate                   insufficient to permit a reasoned                      procedures, measures, methods,
                                                 their products would incur costs at the                 evaluation of the health and                           protocols, methodologies or models
                                                 lower end of the ranges presented in the                environmental effects of the significant               used in EPA’s decision have been
                                                 Economic Analysis. For those                            new use; (3) that in the absence of                    subject to independent verification or
                                                 companies choosing to undertake                         sufficient information, the manufacture                peer review is adequate to justify their
                                                 actions to assess the composition of the                (including import), processing,                        use, collectively, in the record for a
                                                 articles they import or process, EPA                    distribution in commerce, use, or                      significant new use rule.
                                                 expects that importers or processors                    disposal of the substance, or any
                                                 would take actions that are                             combination of such activities, may                    XII. Request for Comment
                                                 commensurate with the company’s                         present an unreasonable risk (without                  A. Do you have comments or
                                                 perceived likelihood that a chemical                    consideration of costs or other non-risk               information about ongoing uses?
                                                 substance might be a part of an article                 factors, and including an unreasonable
                                                 for the significant new uses subject to                                                                           EPA welcomes comment on all
                                                                                                         risk to a potentially exposed or
                                                 this proposed rulemaking (identified in                                                                        aspects of this proposed rule. EPA based
                                                                                                         susceptible subpopulation identified as
                                                 Table 2) and the resources it has                                                                              its understanding of the use profile of
                                                                                                         relevant by EPA); or (4) that there is                 this chemical on the published
                                                 available. Example activities and their                 substantial production and sufficient
                                                 costs are provided in the accompanying                                                                         literature, the 2016 Chemical Data
                                                                                                         potential for environmental release or                 Reporting submissions, market research,
                                                 Economic Analysis of this proposed rule                 human exposure (as defined in TSCA
                                                 (Ref. 8).                                                                                                      review of Safety Data Sheets, and
                                                                                                         section 5(a)(3)(B)(ii)(II)).                           extensive research conducted during the
                                                 X. Alternatives                                            In addition, EPA may not receive                    early stages of the TSCA risk evaluation
                                                   Before proposing this SNUR, EPA                       important information from small                       for asbestos. To confirm EPA’s
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 considered the following alternative                    businesses, because such firms generally               understanding, the Agency is requesting
                                                 regulatory action: Promulgate a TSCA                    are exempt from TSCA section 8(a)                      public comment on all aspects of this
                                                 section 8(a) Reporting Rule.                            reporting requirements (see TSCA                       proposed rule. In providing comments
                                                   Under a TSCA section 8(a) rule, EPA                   sections 8(a)(1)(A) and 8(a)(1)(B)). In                on an ongoing use of asbestos, it would
                                                 could, among other things, generally                    view of the level of health concerns                   be helpful to provide specific
                                                 require persons to report information to                about asbestos if used for a proposed                  information and documentation
                                                 the Agency when they intend to                          significant new use, EPA believes that a               sufficient for EPA to substantiate any
                                                 manufacture (including import) or                       TSCA section 8(a) rule for this                        assertions of use.


                                            VerDate Sep<11>2014   17:25 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00066   Fmt 4702   Sfmt 4702   E:\FR\FM\11JNP1.SGM   11JNP1


                                                                          Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules                                              26931

                                                 B. What should I consider as I prepare                       from https://www.atsdr.cdc.gov/                   16. 40 CFR part 61, subpart M, Asbestos
                                                 my comments for EPA?                                         ToxProfiles/tp.asp?id=30&tid=4.                        National Emission Standards for
                                                                                                         4. International Agency for Research on                     Hazardous Air Pollutants (NESHAP).
                                                   1. Submitting CBI. It is EPA’s policy                      Cancer. (IARC, 2012). A review of human           17. Virta, R. (2011). Asbestos. Kirk-Othmer
                                                 to include all comments received in the                      carcinogens. Part C: Arsenic, metals,                  Encyclopedia of Chemical Technology.
                                                 public docket without change or further                      fibres, and dusts [IARC Monograph].                    Retrieved from http://
                                                 notice to the commenter and to make                          Lyon, France: World Health                             onlinelibrary.wiley.com/doi/10.1002/
                                                 the comments available online at                             Organization. Retrieved from http://                   0471238961.01190205
                                                 www.regulations.gov, including any                           monographs.iarc.fr/ENG/Monographs/                     10151209.a01.pub3/pdf.
                                                                                                              vol100C/mono100C.pdf.                             18. U.S. Environmental Protection Agency.
                                                 personal information provided, unless a                                                                             (EPA, 1984). Significant New Uses of
                                                 comment includes information claimed                    5. International Agency for Research on
                                                                                                              Cancer. (IARC, 1977). IARC monographs                  Chemical Substances; Certain Chemicals.
                                                 to be CBI or other information whose                                                                                49 FR 35014, September 5, 1984 (FRL–
                                                                                                              on the evaluation of carcinogenic risk of
                                                 disclosure is restricted by statute. Do                                                                             2541–8).
                                                                                                              chemicals to man: Asbestos. Lyon,
                                                 not submit this information to EPA                           France: World Health Organization.
                                                                                                                                                                19. U.S. Environmental Protection Agency.
                                                 through regulations.gov or email.                                                                                   (EPA, 2013). Understanding the Costs
                                                                                                              Retrieved from http://
                                                 Clearly mark the part or all of the                                                                                 Associated with Eliminating Exemptions
                                                                                                              monographs.iarc.fr/ENG/Monographs/                     for Articles in SNURs. May 1, 2013.
                                                 information that you claim to be CBI.                        vol1-42/mono14.pdf.                               20. U.S. Environmental Protection Agency.
                                                 For CBI information in a disk or CD                     6. International Agency for Research on                     (EPA, 1989). Regulatory Impact Analysis
                                                 ROM that you mail to EPA, mark the                           Cancer. (IARC, 1987). Asbestos and                     of Controls on Asbestos and Asbestos
                                                 outside of the disk or CD ROM that you                       certain asbestos compounds [IARC                       Products: Final Report: Volume III.
                                                 mail to EPA as CBI and then identify                         Monograph]. In IARC Monographs on the                  (5601989ICF001). Washington, DC:
                                                 electronically within the disk or CD                         Evaluation of Carcinogenic Risks to                    Office of Toxic Substances, U.S.
                                                 ROM the specific information that is                         Humans (pp. 106–116). Lyon, France.                    Environmental Protection Agency.
                                                 claimed as CBI. In addition to one                           Retrieved from http://
                                                                                                              monographs.iarc.fr/ENG/Monographs/                XIV. Statutory and Executive Order
                                                 complete version of the comment that                         suppl7/index.php.                                 Reviews
                                                 includes information claimed as CBI, a                  7. U.S. Environmental Protection Agency.
                                                 copy of the comment that does not                                                                                Additional information about these
                                                                                                              (EPA, 2017). Scope of the Risk
                                                 contain the information claimed as CBI                                                                         statutes and Executive Orders can be
                                                                                                              Evaluation for Asbestos. Retrieved from
                                                 must be submitted for inclusion in the                       https://www.regulations.gov/                      found at http://www2.epa.gov/laws-
                                                 public docket. Information so marked                         document?D=EPA-HQ-OPPT-2016-0736-                 regulations/laws-and-executive-orders.
                                                 will not be disclosed except in                              0086.                                             A. Executive Order 12866: Regulatory
                                                 accordance with procedures set forth in                 8. U.S. Environmental Protection Agency.               Planning and Review and Executive
                                                 40 CFR part 2, subpart B.                                    (EPA, 2018). Economic Analysis for the
                                                                                                                                                                Order 13563: Improving Regulation and
                                                   2. Tips for preparing your comments.                       Proposed Significant New Use Rule for
                                                                                                              Asbestos.                                         Regulatory Review
                                                 When preparing and submitting your
                                                 comments, see the commenting tips at
                                                                                                         9. U.S. Geological Survey. (USGS, 2018).                 This action is not a significant
                                                                                                              Mineral Commodity Summaries 2018.                 regulatory action and was therefore not
                                                 http://www2.epa.gov/dockets/                                 Washington, DC: U.S. Department of the
                                                 commenting-epa-dockets#tips.                                                                                   submitted to the Office of Management
                                                                                                              Interior. Retrieved from https://                 and Budget (OMB) for review under
                                                 XIII. References                                             minerals.usgs.gov/minerals/pubs/mcs/
                                                                                                                                                                Executive Orders 12866 (58 FR 51735,
                                                                                                              2018/mcs2018.pdf.
                                                   The following is a listing of the                     10. U.S. Geological Survey. (USGS, 2017).
                                                                                                                                                                October 4, 1993) and 13563 (76 FR 3821,
                                                 documents that are specifically                              Mineral Commodity Summaries:                      January 21, 2011).
                                                 referenced in this document. The                             Asbestos. Retrieved from https://                 B. Executive Order 13771: Reducing
                                                 docket, EPA–HQ–OPPT–2018–0159,                               minerals.usgs.gov/minerals/pubs/                  Regulations and Controlling Regulatory
                                                 includes these documents and other                           commodity/asbestos/mcs-2017-
                                                                                                                                                                Costs
                                                 information considered by EPA,                               asbes.pdf.
                                                 including documents that are referenced                 11. U.S. Customs and Border Protection.                  This action is not expected to be a
                                                 within the documents that are included
                                                                                                              (2017). Automated Commercial                      regulatory action subject to Executive
                                                                                                              Environment System (ACE).                         Order 13771 (82 FR 9339, February 3,
                                                 in the docket, even if the referenced                   12. National Research Council. (NRC, 2006).
                                                 document is not physically located in                                                                          2017), because this action is not a
                                                                                                              Asbestos: Selected cancers. Institute of          significant regulatory action under
                                                 the docket. For assistance in locating                       Medicine (US) Committee on Asbestos:
                                                 these other documents, please consult                                                                          Executive Order 12866.
                                                                                                              Selected Health Effects. Washington, DC:
                                                 the technical person listed under FOR                        The National Academies Press.                     C. Paperwork Reduction Act (PRA)
                                                 FURTHER INFORMATION CONTACT.                            13. National Research Council. (NRC, 1983).
                                                                                                                                                                  This action does not impose any new
                                                                                                              Drinking Water and Health. Washington,
                                                 1. National Toxicology Program. (NTP, 2016).                                                                   information collection burden under the
                                                                                                              DC: Safe Drinking Water Committee,
                                                     Report on Carcinogens, Fourteenth                                                                          PRA, 44 U.S.C. 3501 et seq. Burden is
                                                                                                              Board on Toxicology and Environmental
                                                     Edition.; Research Triangle Park, NC:                                                                      defined in 5 CFR 1320.3(b). The
                                                     U.S. Department of Health and Human                      Health Hazards. Retrieved from http://
                                                     Services, Public Health Service.                         dx.doi.org/10.17226/326.                          information collection activities
                                                     Retrieved from https://ntp.niehs.nih.gov/           14. U.S. Environmental Protection Agency.              associated with existing chemical
                                                     ntp/roc/content/profiles/asbestos.pdf.                   (EPA, 1980). Ambient water quality                SNURs are already approved under
                                                 2. U.S. Environmental Protection Agency.                     criteria for asbestos [EPA Report]. (EPA/         OMB control number 2070–0038 (EPA
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                     (EPA, 1988). IRIS summary for asbestos                   440/5–80/022). Washington, DC.                    ICR No. 1188); and the information
                                                     (CASRN 1332–21–4). Washington, DC:                  15. Anderson, P.H. and Farino, W.J. (1982).            collection activities associated with
                                                     Integrated Risk Information System.                      Analysis of Fiber Release from Certain
                                                                                                                                                                export notifications are already
                                                     Retrieved from http://cfpub.epa.gov/                     Asbestos Products. Draft Final Report.
                                                                                                              Prepared by GCA Corporation for the               approved under OMB control number
                                                     ncea/iris/iris_documents/documents/
                                                     subst/0371_summary.pdf.                                  U.S. Environmental Protection Agency.             2070–0030 (EPA ICR No. 0795). If an
                                                 3. Agency for Toxic Substances and Disease                   Retrieved from https://nepis.epa.gov/             entity were to submit a SNUN to the
                                                     Registry. (ATSDR, 2001). Toxicological                   Exe/ZyPDF.cgi/9101PBZ6.PDF?Dockey=                Agency, the burden is estimated to be
                                                     profile for asbestos (update). Retrieved                 9101PBZ6.PDF.                                     approximately 100 hours per response


                                            VerDate Sep<11>2014   17:25 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00067   Fmt 4702   Sfmt 4702   E:\FR\FM\11JNP1.SGM   11JNP1


                                                 26932                    Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules

                                                 (slightly less for submitters who have                  42690) (FRL–5735–4), the Agency                        I. Executive Order 13211: Actions
                                                 already registered to use the electronic                presented its general determination that               Concerning Regulations That
                                                 submission system).                                     proposed and final SNURs are not                       Significantly Affect Energy Supply,
                                                    An agency may not conduct or                         expected to have a significant economic                Distribution, or Use
                                                 sponsor, and a person is not required to                impact on a substantial number of small
                                                 respond to a collection of information                                                                           This action is not a ‘‘significant
                                                                                                         entities.                                              energy action’’ as defined in Executive
                                                 that requires OMB approval under the
                                                 PRA, unless it has been approved by                     E. Unfunded Mandates Reform Act                        Order 13211 (66 FR 28355, May 22,
                                                 OMB and displays a currently valid                      (UMRA)                                                 2001), because it is not likely to have
                                                 OMB control number. The OMB control                                                                            any effect on energy supply,
                                                 numbers for EPA’s regulations in Title                    Based on EPA’s experience with                       distribution, or use.
                                                 40 of the CFR, after appearing in the                   proposing and finalizing SNURs, State,                 J. National Technology Transfer and
                                                 Federal Register, are listed in 40 CFR,                 local, and Tribal governments have not                 Advancement Act (NTTAA)
                                                 part 9, and included on the related                     been impacted by these rulemakings,
                                                 collection instrument, or form, as                      and EPA does not have any reason to                      This rulemaking does not involve any
                                                 applicable.                                             believe that any State, local, or Tribal               technical standards, and is therefore not
                                                                                                         government would be impacted by this                   subject to considerations under section
                                                 D. Regulatory Flexibility Act (RFA)                                                                            12(d) of NTTAA, 15 U.S.C. 272 note.
                                                                                                         rulemaking. As such, the requirements
                                                    Pursuant to section 605(b) of the RFA,               of sections 202, 203, 204, or 205 of                   K. Executive Order 12898: Federal
                                                 5 U.S.C. 601 et seq., I certify that                    UMRA, 2 U.S.C. 1531–1538, do not                       Actions To Address Environmental
                                                 promulgation of this SNUR would not                     apply to this action.                                  Justice in Minority Populations and
                                                 have a significant economic impact on                                                                          Low-Income Populations
                                                 a substantial number of small entities.                 F. Executive Order 13132: Federalism
                                                 The rationale supporting this                                                                                    This action will not have
                                                 conclusion is as follows.                                 This action will not have federalism                 disproportionately high and adverse
                                                    A SNUR applies to any person                         implications as specified in Executive                 human health or environmental effects
                                                 (including small or large entities) who                 Order 13132 (64 FR 43255, August 10,                   on minority or low-income populations
                                                 intends to engage in any activity                       1999), because it will not have                        as specified in Executive Order 12898
                                                 described in the rule as a ‘‘significant                substantial direct effect on States, on the            (59 FR 7629, February 16, 1994). This
                                                 new use.’’ By definition of the word                    relationship between the national                      action does not affect the level of
                                                 ‘‘new’’ and based on all information                    government and the States, or on the                   protection provided to human health or
                                                 currently available to EPA, it appears                  distribution of power and                              the environment.
                                                 that no small or large entities presently               responsibilities among the various                     List of Subjects in 40 CFR Part 721
                                                 engage in such activities. Since this                   levels of government.
                                                 proposed SNUR will require a person                                                                              Environmental protection, Asbestos,
                                                 who intends to engage in such activity                  G. Executive Order 13175: Consultation                 Chemicals, Hazardous substances,
                                                 in the future to first notify EPA by                    and Coordination With Indian Tribal                    Reporting and recordkeeping
                                                 submitting a SNUN, no economic                          Governments                                            requirements.
                                                 impact will occur unless someone files                                                                           Dated: May 31, 2018.
                                                 a SNUN to pursue a significant new use                     This action does not have tribal
                                                                                                         implications as specified in Executive                 Tala R. Henry,
                                                 in the future or forgoes profits by
                                                                                                         Order 13175 (65 FR 67249, November 9,                  Acting Director, Office of Pollution Prevention
                                                 avoiding or delaying the significant new                                                                       and Toxics.
                                                 use. Although some small entities may                   2000), because it will not have any
                                                 decide to conduct such activities in the                effect on tribal governments, on the                     Therefore, for the reasons stated in the
                                                 future, EPA cannot presently determine                  relationship between the Federal                       preamble, the Environmental Protection
                                                 how many, if any, there may be.                         Government and the Indian tribes, or on                Agency proposes that 40 CFR chapter I
                                                 However, EPA’s experience to date is                    the distribution of power and                          be amended as follows:
                                                 that, in response to the promulgation of                responsibilities between the Federal
                                                 SNURs covering over 1,000 chemical                                                                             PART 721—SIGNIFICANT NEW USES
                                                                                                         Government and Indian tribes.
                                                 substances, the Agency receives only a                                                                         OF CHEMICAL SUBSTANCES
                                                 handful of notices per year. During the                 H. Executive Order 13045: Protection of
                                                                                                         Children From Environmental Health                     ■ 1. The authority citation for part 721
                                                 six-year period from 2005–2010, only                                                                           continues to read as follows:
                                                 three submitters self-identified as small               Risks and Safety Risks
                                                 in their SNUN submissions (Ref. 8). EPA                                                                          Authority: 15 U.S.C. 2604, 2607, and
                                                                                                            This action is not subject to Executive             2625(c).
                                                 believes the cost of submitting a SNUN
                                                                                                         Order 13045 (62 FR 19885, April 23,
                                                 is relatively small compared to the cost                                                                       ■ 2. Add § 721.11095 to subpart E to
                                                                                                         1997), because this action does not
                                                 of developing and marketing a chemical                                                                         read as follows:
                                                 new to a firm or marketing a new use                    address environmental health or safety
                                                 of the chemical and that the                            risks, and EPA interprets Executive                    § 721.11095      Asbestos.
                                                 requirement to submit a SNUN                            Order 13045 as applying only to those                     (a) Chemical substance and
                                                 generally does not have a significant                   regulatory actions that concern                        significant new use subject to reporting.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 economic impact.                                        environmental health or safety risks that              (1) The chemical substance identified as
                                                    Therefore, EPA believes that the                     EPA has reason to believe may                          asbestos (as defined by 15 U.S.C.
                                                 potential economic impact of complying                  disproportionately affect children, per                2642(3) as the asbestiform varieties of
                                                 with this proposed SNUR is not                          the definition of ‘‘covered regulatory                 chrysotile (serpentine), crocidolite
                                                 expected to be significant or adversely                 action’’ in section 2–202 of the                       (riebeckite), amosite (cummingtonite-
                                                 impact a substantial number of small                    Executive Order.                                       grunerite), anthophyllite, tremolite or
                                                 entities. In a SNUR that published as a                                                                        actinolite) is subject to reporting under
                                                 final rule on August 8, 1997 (62 FR                                                                            this section for the significant new use


                                            VerDate Sep<11>2014   17:25 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00068   Fmt 4702   Sfmt 4702   E:\FR\FM\11JNP1.SGM   11JNP1


                                                                          Federal Register / Vol. 83, No. 112 / Monday, June 11, 2018 / Proposed Rules                                            26933

                                                 described in paragraph (a)(2) of this                   past 5 years, would not be required to                 this rulemaking, indicate the specific
                                                 section.                                                complete a Coast Guard-approved radar                  section of this document to which each
                                                    (2) The significant new use is:                      refresher or re-certification course in                comment applies, and provide a reason
                                                 Manufacturing (including importing) or                  order to renew his or her radar observer               for each suggestion or recommendation.
                                                 processing for any of the following uses:               endorsement. This proposed rule would                     We encourage you to submit
                                                    (i) Arc chutes;                                      not change the existing requirements for               comments through the Federal
                                                    (ii) Beater-add gaskets;                             mariners seeking an original radar                     eRulemaking Portal at http://
                                                    (iii) Extruded sealant tape and other                observer endorsement or mariners who                   www.regulations.gov. If your material
                                                 tape;                                                   do not have either 1 year of relevant sea              cannot be submitted using http://
                                                    (iv) Filler for acetylene cylinders;                 service on board radar-equipped vessels                www.regulations.gov, contact the person
                                                    (v) High grade electrical paper;                     in the previous 5 years or service as a                in the FOR FURTHER INFORMATION
                                                    (vi) Millboard;                                      qualified instructor for a Coast Guard-                CONTACT section of this proposed rule
                                                    (vii) Missile liner;                                 approved radar course at least twice                   for alternate instructions. Documents
                                                    (viii) Adhesives, sealants, roof and                 within the past 5 years. Elimination of                mentioned in this proposed rule, and all
                                                 non-roof coatings;                                      the requirement to take a radar refresher              public comments, are available in our
                                                    (ix) Pipeline wrap;                                  or re-certification course every 5 years               online docket at http://
                                                    (x) Reinforced plastics;                             would reduce burden on affected                        www.regulations.gov, and can be viewed
                                                    (xi) Roofing felt;                                   mariners without impacting safety.                     by following that website’s instructions.
                                                    (xii) Separators in fuel cells and                   DATES: Comments and related material                   Additionally, if you go to the online
                                                 batteries;                                              must be received by the Coast Guard on                 docket and sign up for email alerts, you
                                                    (xiii) Vinyl-asbestos floor tile; or                 or before July 11, 2018.                               will be notified when comments are
                                                    (xiv) Other building products (other                 ADDRESSES: You may submit comments                     posted or a final rule is published.
                                                 than cement products).                                  identified by docket number USCG–                         We accept anonymous comments. All
                                                    (b) Specific requirements. (1) Section               2018–0100 using the Federal                            comments received will be posted
                                                 721.45(f) does not apply to this section.               eRulemaking Portal at http://                          without change to http://
                                                 A person who intends to manufacture                     www.regulations.gov. See the ‘‘Public                  www.regulations.gov and will include
                                                 (including import) or process the                       Participation and Request for                          any personal information you have
                                                 substance identified in paragraph (a)(1)                Comments’’ portion of the                              provided. For more about privacy and
                                                 of this section for the significant new                 SUPPLEMENTARY INFORMATION section for
                                                                                                                                                                the docket, visit http://
                                                 use identified in (a)(2) of this section as             further instructions on submitting                     www.regulations.gov/privacyNotice.
                                                 part of an article is subject to the                                                                              We do not plan to hold a public
                                                                                                         comments.
                                                 notification provisions of § 721.25.                                                                           meeting but we will consider doing so
                                                    (2) [Reserved]                                       FOR FURTHER INFORMATION CONTACT: For                   if public comments indicate that a
                                                                                                         information about this document call or                meeting would be helpful. We would
                                                 [FR Doc. 2018–12513 Filed 6–8–18; 8:45 am]
                                                                                                         email Mr. Davis Breyer, Coast Guard;                   issue a separate Federal Register notice
                                                 BILLING CODE 6560–50–P
                                                                                                         telephone 202–372–1445, email                          to announce the date, time, and location
                                                                                                         davis.j.breyer@uscg.mil.                               of such a meeting.
                                                                                                         SUPPLEMENTARY INFORMATION:
                                                 DEPARTMENT OF HOMELAND                                                                                         II. Abbreviations
                                                 SECURITY                                                Table of Contents for Preamble
                                                                                                                                                                BLS Bureau of Labor Statistics
                                                                                                         I. Public Participation and Request for                CFR Code of Federal Regulations
                                                 Coast Guard                                                   Comments                                         CGAA 2015 Coast Guard Authorization Act
                                                                                                         II. Abbreviations                                        of 2015
                                                 46 CFR Parts 10, 11, and 15                             III. Basis and Purpose                                 DHS Department of Homeland Security
                                                                                                         IV. Background                                         FR Federal Register
                                                 [Docket No. USCG–2018–0100]
                                                                                                         V. Discussion of Proposed Rule                         MERPAC Merchant Marine Personnel
                                                 RIN 1625–AC46                                           VI. Regulatory Analyses                                  Advisory Committee
                                                                                                            A. Regulatory Planning and Review                   MMLD Merchant Mariner Licensing and
                                                 Amendments to the Marine Radar                             B. Small Entities                                     Documentation
                                                 Observer Refresher Training                                C. Assistance for Small Entities                    MMC Merchant Mariner Credential
                                                 Regulations                                                D. Collection of Information                        OMB Office of Management and Budget
                                                                                                            E. Federalism                                       § Section
                                                 AGENCY:   Coast Guard, DHS.                                F. Unfunded Mandates Reform Act                     STCW International Convention on the
                                                                                                            G. Taking of Private Property                         Standards of Training, Certification and
                                                 ACTION:   Notice of proposed rulemaking.                                                                         Watchkeeping for Seafarers, 1978, as
                                                                                                            H. Civil Justice Reform
                                                                                                            I. Protection of Children                             amended
                                                 SUMMARY:   The Coast Guard proposes to
                                                                                                            J. Indian Tribal Governments                        STCW Code Seafarers’ Training,
                                                 revise its merchant mariner                                K. Energy Effects                                     Certification and Watchkeeping Code
                                                 credentialing regulations to remove                        L. Technical Standards                              U.S.C. United States Code
                                                 obsolete portions of the radar observer                    M. Environment
                                                 requirements and harmonize the radar                                                                           III. Basis and Purpose
                                                 observer endorsement with the                           I. Public Participation and Request for                   The purpose of this proposed rule is
                                                 merchant mariner credential. Under this                 Comments                                               to amend the radar observer
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 proposed rule, an active mariner who                       The Coast Guard views public                        endorsement requirements by removing
                                                 serves in a relevant position for 1 year                participation as essential to effective                obsolete portions and harmonizing the
                                                 in the previous 5 years using radar for                 rulemaking, and will consider all                      expiration dates of the radar observer
                                                 navigation and collision avoidance                      comments and material received during                  endorsement and the merchant mariner
                                                 purposes on vessels equipped with                       the comment period. Your comment can                   credential (MMC).
                                                 radar, or has served as a qualified                     help shape the outcome of this                            The Coast Guard is authorized to
                                                 instructor for a Coast Guard-approved                   rulemaking. If you submit a comment,                   determine and establish the experience
                                                 radar course at least twice within the                  please include the docket number for                   and professional qualifications required


                                            VerDate Sep<11>2014   17:25 Jun 08, 2018   Jkt 244001   PO 00000   Frm 00069   Fmt 4702   Sfmt 4702   E:\FR\FM\11JNP1.SGM   11JNP1



Document Created: 2018-11-02 11:58:41
Document Modified: 2018-11-02 11:58:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received on or before August 10, 2018.
ContactFor technical information contact: Robert Courtnage, National Program Chemicals Division (Mail Code 7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
FR Citation83 FR 26922 
RIN Number2070-AK45
CFR AssociatedEnvironmental Protection; Asbestos; Chemicals; Hazardous Substances and Reporting and Recordkeeping Requirements

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR