government and Indian tribes. It does not have substantial direct
effects on tribal government because EPA does not anticipate that
asbestos was manufactured (including imported) or processed by tribes
so this rulemaking is not expected to impose substantial direct
compliance costs on tribal governments. Thus, Executive Order 13175
does not apply to this action.

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

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying to those regulatory actions that concern environmental
health or safety risks that the EPA has reason to believe may
disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of Executive Order 13045. This
action is not subject to Executive Order 13045, because it does not
concern an environmental health or safety risk. Since this action does
not concern human health, EPA's Policy on Children's Health also does
not apply.
    Although this action does not concern an environmental health or
safety risk, this one-time data collection will provide information
that will be used to support the ongoing EPA risk evaluation of
asbestos under TSCA, among other activities. The purpose of a TSCA risk
evaluation is to determine whether a chemical substance presents an
unreasonable risk to health or the environment, under the conditions of
use, including an unreasonable risk to a relevant potentially exposed
or susceptible subpopulation. As required by TSCA section (6)(b), EPA
established a process to conduct these risk evaluations, see the final
rule entitled ``Procedures for Chemical Risk Evaluation Under the
Amended Toxic Substances Control Act'' (82 FR 33726, July 20, 2017
(FRL-9964-38)) (Risk Evaluation Rule). Pursuant to TSCA and the Risk
Evaluation Rule, as part of the risk evaluation process, EPA must (1)
evaluate both hazard and exposure, (2) exclude consideration of costs
or other non-risk factors, (3) use scientific information and
approaches in a manner that is consistent with the requirements in TSCA
for the best available science, and (4) ensure decisions are based on
the weight-of-scientific-evidence. EPA also believes that the
information obtained as a result of this one-time data collection could
also be used by the public, government agencies and others to identify
potential problems, set priorities, and take appropriate steps to
reduce any potential human health or environmental risks identified in
the TSCA risk evaluation.

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

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

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards under the
NTTAA section 12(d), 15 U.S.C. 272.

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

    Executive Order 12898 (59 FR 7629, February 16, 1994) directs
federal agencies, to the greatest extent practicable and permitted by
law, to make environmental justice part of their mission by identifying
and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of their programs, policies, and
activities on minority populations (people of color and/or Indigenous
peoples) and low-income populations.
    EPA believes that it is not practicable to assess whether the human
health or environmental conditions that exist prior to this action
result in disproportionate and adverse effects on people of color, low-
income populations and/or Indigenous peoples. As explained in Unit
II.B., asbestos

exposure is a hazard to human health. This action establishes a one-
time reporting requirement for asbestos that requires companies to
report to EPA certain exposure-related information known to or
reasonably ascertainable by those entities as discussed in detail in
Unit IV.F. At this time, EPA is not able to provide an assessment of
potential exposures that may be identified as a result of the one-time
reporting requirement in this rule and thus cannot determine whether
the human health or environmental conditions that exist prior to this
action have the potential to result in disproportionate and adverse
effects on people of color, low-income populations and/or Indigenous
peoples. This action establishes a one-time reporting requirement and
would not change any existing disproportionate and adverse effects on
people of color, low-income populations and/or Indigenous peoples.
    The information obtained as a result of this action may be used to
support the ongoing EPA risk evaluation for asbestos, which may result
in risk management activities. EPA also believes that the information
obtained as a result of this action could be used by the public
(including people of color, low-income populations and/or Indigenous
peoples) to inform their behavior as it relates to sources of asbestos
exposure or by government agencies and others to identify potential
problems, set priorities, and take appropriate steps to reduce any
potential human health or environmental risks.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 704

    Chemicals, Confidential business information, Environmental
protection, Hazardous substances, Reporting and recordkeeping
requirements.

    Dated: June 30, 2023.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.

    Therefore, for the reasons set forth in the preamble, EPA is
amending 40 CFR chapter I, Subchapter R as follows:

PART 704--REPORTING AND RECORDKEEPING REQUIREMENTS

0
1. The authority citation for part 704 continues to read as follows:

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

0
2. Amend subpart B by adding Sec.  704.180 to read as follows:

Subpart B--Chemical-Specific Reporting and Recordkeeping Rules

* * * * *

Sec.  704.180  Asbestos.

    (a) Definitions. The definitions in subpart A of this part apply to
Sec.  704.180 unless otherwise specified in this section.
    Asbestos is a collective term meaning any of the substances listed
in Table 1 of this paragraph (a).

            Table 1 to Paragraph (a)--CASRN of Asbestos Types
------------------------------------------------------------------------
             CASRN                            Asbestos type
------------------------------------------------------------------------
1332-21-4.....................  Asbestos.
12001-29-5....................  Chrysotile.
12001-28-4....................  Crocidolite.
12172-73-5....................  Amosite.
77536-67-5....................  Anthophyllite.
77536-68-6....................  Tremolite.
77536-66-4....................  Actinolite.
NA............................  Libby amphibole asbestos (mainly
                                 consisting of tremolite [CASRN 77536-68-
                                 6], winchite [CASRN 12425-92-2], and
                                 richterite [CASRN 17068-76-7]).
------------------------------------------------------------------------

    Bulk asbestos means any quantity of asbestos fiber of any type or
grade, or combination of types or grades, that is mined or milled with
the purpose of obtaining asbestos. This term does not include asbestos
that is produced or processed as a contaminant or an impurity.
    Bulk materials containing asbestos means bulk materials in which
asbestos is being mined or milled as an impurity.
    Chemical Information Submission System or CISS means EPA's
electronic, web-based reporting tool for the completion and submission
of CDR data, reports, and other information, or its successors.
    Form A means an abbreviated form for persons who know or can
reasonably ascertain that they manufactured (including imported) or
processed asbestos, including as an impurity, during the reporting
period described in paragraph (f) of this section but do not know and
cannot reasonably ascertain the amount of asbestos manufactured
(including imported) or processed by them.
    Form B means the standard form to be used by persons who know or
can reasonably ascertain that they manufactured (including imported) or
processed asbestos, including as an impurity, during the reporting
period described in paragraph (f) of this section and know or can
reasonably ascertain how much asbestos they manufactured (including
imported) or produced.
    Primary processor means a person who starts with bulk asbestos or
bulk materials containing asbestos, and makes a mixture that contains
asbestos as a component.
    Secondary processor means a person who further processes asbestos,
after primary processing of asbestos is completed, including as a
component of a mixture, or an article containing asbestos.
    Small processor means any processor whose total annual sales, when
combined with those of its parent company (if any), are less than $12
million.
    (b) Substance for which reports must be submitted. The requirements
of this section apply to asbestos, including asbestos in bulk form, in
an article and/or product, as an impurity, or as a component of a
mixture.
    (c) Persons who must report. Persons (i.e., plant sites) who have
manufactured (including imported), or processed asbestos, including
asbestos as a component of a mixture, asbestos in articles, or asbestos
as an impurity in the four full calendar years prior to the effective
date of this rule, and with annual sales greater than or equal to

$500,000, in any calendar year from 2019 to 2022, when combined with
those of their ultimate parent company (if any), must report under this
subpart.
    (d) Persons exempt from reporting. A person who is subject to
reporting requirements pursuant to paragraph (c) of this section is
exempt from the requirements in this subpart to the extent that the
person and that person's use of asbestos is described in this paragraph
(d).
    (1) Non-isolated intermediate. A person who manufactures or
proposes to manufacture asbestos, as described in paragraph (c) of this
section, solely as a non-isolated intermediate is exempt from the
reporting requirements of this subpart.
    (2) Research and development. A person who manufactures (including
imports), processes, or proposes to manufacture (including import), or
process asbestos, as described in paragraph (c) of this section, only
in small quantities solely for research and development is exempt from
the reporting requirements of this subpart.
    (3) Small manufacturers (including importers) and processors. Small
manufacturers (including importers) and processors are exempt from the
reporting requirements of this subpart for Libby amphibole asbestos
only.
    (4) Byproducts. A person who manufactures (including imports) or
proposes to manufacture (including import) asbestos solely as a
byproduct is exempt from the reporting requirements of this subpart.
    (e) Reporting information to EPA. Persons described in paragraph
(c) of this section and not described and exempted in paragraph (d) of
this section must report to EPA the following information, to the
extent known to or reasonably ascertainable by them. In the event that
specific numeric data are not known or are not reasonably ascertainable
by the submitter, then reasonable estimates may be submitted.
    (1) Required forms. Report using the appropriate Form, based on
whether you know or can reasonably ascertain a quantity for asbestos.
    (i) Form A. Report using Form A if you know or can reasonably
ascertain that asbestos, including as a component of a mixture or
article, or as an impurity, but are unable to determine the asbestos
quantity by weight.
    (ii) Form B. Report using Form B if you know or can reasonably
ascertain a quantity for asbestos, including as a component of a
mixture or article, or as an impurity.
    (2) A certification statement signed and dated by an authorized
official of the submitter company. The authorized official must certify
that the submitted information has been completed in compliance with
the requirements of this part and that the confidentiality claims made
on Form A or Form B are true and correct. The certification must be
signed and dated by the authorized official for the submitter company,
and provide that person's name, official title, and email address.
    (3) Company and plant site information. The following currently
correct company and plant site information must be reported for each
site at which a reportable chemical substance is manufactured
(including imported) or processed (see Sec.  704.3 for the definition
of ``site,'' which includes what ``site'' means for importers):
    (i) Company name. The highest-level U.S. parent company name,
address, and Dun and Bradstreet D-U-N-S[supreg] (D&B) number. A
submitter under this part must obtain a D&B number for the U.S. parent
company if none exists.
    (ii) Authorized official. The name of a person who will serve as
Authorized Official for the submitter company, and who will be able to
sign the certification statement as described in paragraph (e)(2) of
this section, the Authorized Official's full mailing address, telephone
number, and email address.
    (iii) Point of contact. The name of a person who will serve as
technical contact for the submitter company, and who will be able to
answer questions about the information submitted by the company to EPA,
the contact person's full mailing address, telephone number, and email
address.
    (iv) Site information. The site name, full street address,
including the county or parish (or other jurisdictional indicator) in
which the plant site is located. Also report the following:
    (A) The appropriate D&B number for the plant site. If none exists,
you must obtain a D&B number for the reported site.
    (B) Other site identification numbers, including the Facility
Registry Service (FRS) identification number, if they exist.
    (v) Applicable NAICS code. The six-digit North American Industry
Classification System (NAICS) code(s) of the site.
    (vi) Number of employees. The total number of employees at the
site. Select from among the ranges of employees listed in Table 2 of
this paragraph (e) and report the corresponding code (i.e., W1 through
W8):

    Table 2 to Paragraph (e)--Codes for Reporting Number of Employees
------------------------------------------------------------------------
               Code                                 Range
------------------------------------------------------------------------
W1................................  Fewer than 10 employees.
W2................................  At least 10 but fewer than 25
                                     employees.
W3................................  At least 25 but fewer than 50
                                     employees.
W4................................  At least 50 but fewer than 100
                                     employees.
W5................................  At least 100 but fewer than 500
                                     employees.
W6................................  At least 500 but fewer than 1,000
                                     employees.
W7................................  At least 1,000 but fewer than 10,000
                                     employees.
W8................................  At least 10,000 employees.
------------------------------------------------------------------------

    (4) Activity information. The following activity information must
be reported.
    (i) Type of activity at reporting site. Report all that apply.
    (A) Mining of bulk asbestos or bulk materials containing asbestos,
including as an impurity.
    (B) Milling of bulk asbestos or bulk materials containing asbestos,
including as an impurity.
    (C) Importing of bulk asbestos or bulk materials containing
asbestos, including as an impurity.
    (1) For importing only. For importing only, if the imported bulk
material was never physically present at the reporting site.
    (2) [Reserved]
    (D) Primary processing of bulk asbestos or bulk materials
containing asbestos, including as an impurity.
    (E) Secondary processing of asbestos, including as a component of a
mixture, or an article containing asbestos.
    (F) Importing of asbestos, including as a component of a mixture,
or an article containing asbestos.
    (ii) For importing only. For importing only, if the imported bulk
material was never physically present at the reporting site.
    (iii) Form B only. For mining, milling, or importing of bulk
asbestos reported under activity in paragraphs (e)(4)(i)(A) through (C)
of this section, report by year:
    (A) The most specific asbestos type that applies. Select from among
the asbestos types listed in Table 1 of paragraph (a) in this section.
If the specific asbestos type is not known or reasonably ascertainable,
report the general listing, ``asbestos CASRN 1332-21-4''.
    (B) Report. For each asbestos type, report the following:
    (1) Quantity of asbestos, in pounds.
    (2) Disposition of asbestos (see Table 3 to this paragraph (e)).

                  Table 3 to Paragraph (e)--Disposition
------------------------------------------------------------------------
               Code                        Disposition description
------------------------------------------------------------------------
1.................................  Used on-site, including further
                                     processed.
2.................................  Stored on-site.
3.................................  Sent to another U.S. site (including
                                     intra-company transfer) for use or
                                     processing.
4.................................  Stored at another U.S. site
                                     (including intra-company transfer).
5.................................  Exported outside of the U.S. without
                                     further processing.
6.................................  Disposed of within the U.S.
                                     (explain).
7.................................  Other (explain).
------------------------------------------------------------------------

    (iv) Reporting information for mining, milling, or importing of
bulk materials containing asbestos, including as an impurity. For
mining, milling, or importing of bulk materials containing asbestos
reported under the activity identified in paragraphs (e)(4)(i)(A)
through (C) of this section, report by year:
    (A) Bulk material type manufactured or processed.
    (B) For Form B only, for each bulk material type:
    (1) Quantity of bulk material manufactured or processed.
    (2) Percent asbestos impurity by weight in bulk material.
    (3) The most specific asbestos type that applies. Select from among
the asbestos types listed in Table 1 to paragraph (a) of this section.
If the specific asbestos type is not known or reasonably ascertainable,
report the general listing, asbestos CASRN 1332-21-4.
    (4) Any testing of or test results assessing the asbestos content
of your bulk material in the applicable reporting years.
    (i) If testing was conducted, specify how often testing was
conducted on the presence of asbestos in your bulk material and what
method and type of test was used for determining asbestos content, and
provide the test results.
    (ii) If testing was not conducted, explain how you knew or
reasonably ascertained the presence and amount of asbestos in the bulk
materials.
    (C) For each bulk material type, the disposition of bulk material
(see Table 3 of this paragraph (e)).
    (D) For importing only, if the imported bulk material was never
physically present at the reporting site.
    (v) Reporting information for primary processors. For primary
processing reported under activity identified in paragraph (e)(4)(i)(D)
of this section, report by year:
    (A) For Form B only, the total quantity of asbestos processed.
    (B) End product type, selecting from products listed in Table 4 of
this paragraph (e). If your end product is not listed, report ``other''
and provide a brief description. For each end product type, report:
    (1) For Form B only, the most specific asbestos types that apply.
Select from among the asbestos types listed in Table 1 in paragraph (a)
of this section. If the specific asbestos types are not known or
reasonably ascertainable, report the general listing, ``asbestos CASRN
1332-21-4''. Report also the total annual quantity of each of the
asbestos types processed.
    (2) The total annual production quantity of end products produced,
using the associated unit of measure listed in Table 4 of this
paragraph (e). If a unit of measure is not listed, provide the unit of
measure associated with the quantity reported.
    (3) For Form B only, the percentage of asbestos in the end product.
    (4) For Form B only, the disposition of the end product (see Table
3 of this paragraph (e)).
    (5) For Form B only, explain if you tested or received test results
assessing the asbestos content of your end product in the applicable
reporting years.
    (i) If testing was conducted, specify how often testing was
conducted on the presence of asbestos in your end product and what
method and type of test was used for determining asbestos content, and
provide the test results.
    (ii) If testing was not conducted, explain how you knew or
reasonably ascertain the presence and amount of asbestos in the end
product.

               Table 4 to Paragraph (e)--End Product Types
------------------------------------------------------------------------
                                                     End product unit of
            Code                      Name                 measure
------------------------------------------------------------------------
                   Papers, Felts, and Related Products
------------------------------------------------------------------------
01..........................  Commercial paper....  Short Tons.
02..........................  Rollerboard.........  Short Tons.
03..........................  Millboard...........  Short Tons.
04..........................  Pipeline wrap.......  Short Tons.
05..........................  Beater-add gasketing  Short Tons.
                               paper.
06..........................  High-grade            Short Tons.
                               electrical paper.
07..........................  Unsaturated roofing   Short Tons.
                               felt.
08..........................  Saturated roofing     Short Tons.
                               felt.
09..........................  Flooring felt.......  Short Tons.
10..........................  Corrugated paper....  Short Tons.
11..........................  Specialty paper       Short Tons.
                               (specify generic
                               name).
12..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                             Floor Coverings
------------------------------------------------------------------------
13..........................  Vinyl asbestos floor  Square yards.
                               tile.
14..........................  Asbestos felt backed  Square yards.
                               vinyl flooring.
15..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                        Asbestos Cement Products
------------------------------------------------------------------------
16..........................  A/C pipe and          Short Tons.
                               fittings.
17..........................  A/C sheet, flat.....  100 sq. ft.
18..........................  A/C sheet corrugated  100 sq. ft.
19..........................  A/C shingle.........  Squares.
20..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------

 Transportation Friction Materials (including aircrafts, marine vessels,
            railroad engine and railcars, and other vehicles)
------------------------------------------------------------------------
21..........................  Drum brake lining     Pieces.
                               (light-medium
                               vehicle).
22..........................  Disc brake pads       Pieces.
                               (light-medium
                               vehicle).
23..........................  Disc brake pads       Pieces.
                               (heavy vehicle).
24..........................  Brake block (heavy    Pieces.
                               equipment).
25..........................  Clutch facings (all)  Pieces.
26..........................  Automatic             Pieces.
                               transmission
                               friction components.
27..........................  Friction materials    Pieces.
                               (industrial and
                               commercial).
28..........................  Custom automotive     Pieces.
                               body filler.
29..........................  Transmissions.......  Pieces.
30..........................  Mufflers............  Pieces.
31..........................  Radiator top          Pieces.
                               insulation.
32..........................  Radiator sealant....  Pieces.
33..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                               Appliances
------------------------------------------------------------------------
34..........................  Appliance Industrial  Pieces.
                               and consumer
                               (specify generic
                               name).
35..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                          Construction Products
------------------------------------------------------------------------
36..........................  Boiler and furnace    Pieces.
                               baffles.
37..........................  Decorated building    Pieces.
                               panels.
38..........................  Asbestos cement       Pieces.
                               sheet.
39..........................  Flexible Air          Pieces.
                               Conductor.
40..........................  Hoods and Vents.....  Pieces.
41..........................  Portable              Pieces.
                               construction
                               building.
42..........................  Roofing, saturated..  Pieces.
43..........................  Roof shingles.......  Pieces.
44..........................  Wallboard...........  Pieces.
45..........................  Wall/roofing panels.  Pieces.
46..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                   Electrical Products and Components
------------------------------------------------------------------------
47..........................  Cable insulation....  Pieces.
48..........................  Electronic motor      Pieces.
                               components.
49..........................  Electrical            Pieces.
                               resistance supports.
50..........................  Electrical            Pieces.
                               switchboard.
51..........................  Electrical switch     Pieces.
                               supports.
52..........................  Electrical wire       Pieces.
                               insulation.
53..........................  Motor armature......  Pieces.
54..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
            Fire and Heat Shielding Equipment and Components
------------------------------------------------------------------------
55..........................  Arc deflectors......  Pieces.
56..........................  Fire doors..........  Pieces.
57..........................  Fireproof absorbent   Short Tons.
                               paper.
58..........................  Heat shields........  Pieces.
59..........................  Molten metal          Pieces.
                               handling equipment.
60..........................  Oven and stove        Short Tons.
                               insulation.
61..........................  Pipe wrap...........  Pieces.
62..........................  Stove lining, wood    Pieces.
                               and coal.
63..........................  Stove pipe rings....  Pieces.
64..........................  Sleeves.............  Pieces.
65..........................  Thermal Insulation..  Short Tons.
66..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                          Textiles and Clothing
------------------------------------------------------------------------
67..........................  Cloth...............  Pounds.
68..........................  Thread, yarn, lap,    Pounds.
                               roving, cord, rope,
                               or wick.
69..........................  Aprons..............  Pieces.
70..........................  Boots...............  Pieces.
71..........................  Gloves and mittens..  Pieces.
72..........................  Hats and helmets....  Pieces.
73..........................  Overgaiters.........  Pieces.
74..........................  Suits...............  Pieces.
75..........................  Aluminized cloth....  Short Tons.

76..........................  Rope or braiding....  Short Tons.
77..........................  Yarn, lap or roving.  Short Tons.
78..........................  Wicks...............  Short Tons.
79..........................  Bags................  Pieces.
80..........................  Belting.............  Short Tons.
81..........................  Blankets............  Pieces.
82..........................  Carpet padding......  Short Tons.
83..........................  Commercial/           Short Tons.
                               industrial dryer
                               felts.
84..........................  Draperies...........  Pieces.
85..........................  Drip cloths.........  Pieces.
86..........................  Fire hoses..........  Pieces.
87..........................  Ironing board pads    Pieces.
                               and insulation.
88..........................  Mantles, lamp or      Pieces.
                               catalytic heater.
89..........................  Packing and           Pieces.
                               packaging
                               components.
90..........................  Piano and organ       Pieces.
                               felts.
91..........................  Rugs................  Pieces.
92..........................  Tape................  Pieces.
93..........................  Theater curtains....  Pieces.
94..........................  Umbrellas...........  Pieces.
95..........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                                 Gaskets
------------------------------------------------------------------------
96..........................  Sheet gasketing,      Pieces.
                               rubber encapsulated
                               beater addition.
97..........................  Sheet gasketing,      Pieces.
                               rubber encapsulated
                               compressed.
98..........................  Compressed sheet      Pieces.
                               gasketing (other).
99..........................  Metal reinforced      Pieces.
                               gaskets.
100.........................  Automotive gaskets..  Pieces.
101.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                      Marine Equipment and Supplies
------------------------------------------------------------------------
102.........................  Caulks, marine......  Pounds.
103.........................  Liners, pond or       Pieces.
                               canal.
104.........................  Marine bulkheads....  Pieces.
105.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                Paints, Coatings, Sealants and Compounds
------------------------------------------------------------------------
106.........................  Asphaltic compounds.  Pounds.
107.........................  Automotive/truck      Gallons.
                               body coatings.
108.........................  Buffing and           Pounds.
                               polishing compounds.
109.........................  Caulking and          Pounds.
                               patching compounds.
110.........................  Drilling fluid......  Gallons.
111.........................  Flashing compounds..  Pounds.
112.........................  Furnace cement......  Pounds.
113.........................  Glazing compounds...  Pounds.
114.........................  Plaster and stucco..  Pounds.
115.........................  Pump valve, flange    Pieces.
                               and tank sealing
                               components.
116.........................  Roof coatings.......  Gallons.
117.........................  Textured paints.....  Gallons.
118.........................  Tile cement.........  Pounds.
119.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------
                             Other Products
------------------------------------------------------------------------
120.........................  Sheet gasketing       Square yards.
                               (other than beater-
                               add).
122.........................  Packing.............  Pounds.
123.........................  Paints and surface    Gallons.
                               coatings.
124.........................  Adhesives and         Gallons.
                               sealants.
125.........................  Asbestos-reinforced   Pounds.
                               plastics.
126.........................  Insulation materials  (Specify).
                               not elsewhere
                               classified (specify
                               generic name).
127.........................  Mixed or repackaged   Short Tons.
                               asbestos.
128.........................  Aerial distress       Pieces.
                               flares.
129.........................  Acoustical product..  Pieces.
130.........................  Ammunition wadding..  Pieces.
131.........................  Ash trays...........  Pieces.
132.........................  Baking sheets.......  Pieces.
133.........................  Blackboards.........  Pieces.
134.........................  Candlesticks........  Pieces.
135.........................  Chemical tanks and    Pieces.
                               vessels.
136.........................  Filters.............  Pieces.

137.........................  Grommets............  Pieces.
138.........................  Gun grips...........  Pieces.
139.........................  Jewelry making        Pieces.
                               equipment.
140.........................  Kilns...............  Pieces.
141.........................  Lamp sockets........  Pieces.
142.........................  Light bulbs (all      Pieces.
                               types).
143.........................  Linings for vaults,   Pieces.
                               safes, humidifiers
                               and filing cabinets.
144.........................  Phonograph records..  Pieces.
145.........................  Pottery clay........  Pounds.
146.........................  Welding rod coatings  Pieces.
147.........................  Other (specify        (Specify).
                               generic name).
------------------------------------------------------------------------

    (vi) Reporting information for secondary processors. For secondary
processing reported under the activity identified in paragraph
(e)(4)(i)(E) of this section, report by year:
    (A) For Form B only, the estimated total quantity of asbestos
processed.
    (B) End product type listed in Table 4 of this paragraph (e). For
each product type, report:
    (1) For Form B only, the most specific asbestos types that apply.
Select from among the asbestos types listed in Table 1 in paragraph (a)
of this section. If the specific asbestos type is not known or
reasonably ascertainable, report the general listing, asbestos CASRN
1332-21-4. Also report the quantity of each type of asbestos.
    (2) The total annual production quantity of the end products
produced, using the associated unit of measure listed in Table 4 of
this paragraph (e).
    (3) For Form B only, the percentage of asbestos in the end product.
    (i) If testing was conducted, specify how often testing was
conducted on the presence of asbestos in your products and what method
and type of test was used for determining asbestos content, and provide
the test results.
    (ii) If testing was not conducted, explain how you knew or
reasonably ascertained the presence and amount of asbestos in the end
product.
    (4) For Form B only, the disposition of the end product (see Table
3 of this paragraph (e)).
    (vii) Reporting information for importers. For importing reported
under an activity identified in paragraph (e)(4)(i)(F) of this section,
report by year:
    (A) For Form B only, the estimated total quantity of asbestos
imported.
    (B) Imported product type (Table 4 of this paragraph (e)). For each
imported product type, report:
    (1) Whether the imported product is a mixture or an article.
    (2) For Form B only, the most specific asbestos types that apply.
Select from among the asbestos types listed in Table 1 in paragraph (a)
of this section. If a specific asbestos type is not known or reasonably
ascertainable, report the general listing, ``asbestos CASRN 1332-21-
4''. Also report the quantity of each asbestos type.
    (3) The total annual import quantity of the imported product, using
the associated unit of measure listed in Table 4 of this paragraph (e).
    (4) Whether the imported asbestos was never physically present at
the reporting site.
    (5) For Form B only, the percentage of asbestos in the product.
    (6) For Form B only, explain if you tested or received test results
assessing the asbestos content of your imported product in the
applicable reporting years.
    (i) If testing was conducted, specify how often testing was
conducted on the presence of asbestos in your imported product and what
method and type of test was used for determining asbestos content, and
provide the test results.
    (ii) If testing was not conducted, explain how you knew or
reasonably ascertained the presence and amount of asbestos in the
imported product.
    (7) For Form B only, the disposition of the imported product (see
Table 3 of this paragraph (e)).
    (5) Employee information. For each activity reported, report the
following information about employees at the associated site:
    (i) Number of employees involved with activity. Select from among
the ranges of employees listed in Table 2 of this paragraph (e) and
report the corresponding code (i.e., W1 through W8).
    (ii) Is personal protective equipment used? If yes, identify the
type(s) of personal protective equipment used.
    (iii) For Form B only, submit any workplace exposure measurement
assessments and data (e.g., monitoring).
    (f) When to report. All information reported to EPA under this
section must be submitted during the applicable submission period. The
submission period shall begin six months following the effective date
of this rule and last for three months.
    (g) Recordkeeping requirements. Each person who reports under this
part must maintain records that document information reported under
this part and in accordance with TSCA, permit access to, and the
copying of such records by EPA officials. Relevant records must be
retained for a period of five years beginning on the last day of the
submission period.
    (h) Confidentiality claims-(1) Assertion of confidentiality claims-
(i) Generally. Any person submitting information under this part may
assert a confidentiality claim for that information, except for
information described in paragraph (h)(1)(ii) of this section. Any such
confidentiality claims must be asserted electronically, pursuant to
Sec.  704.180(i), at the time the information is submitted. Information
claimed as confidential in accordance with this section will be treated
and disclosed in accordance with the procedures in 40 CFR part 2 and
section 14 of TSCA.
    (ii) Exceptions. Confidentiality claims may not be asserted with
respect to the following:
    (A) Site NAICS code required by Sec.  704.180(e)(3)(v);
    (B) For chemical identities and bulk material forms required by
Sec. Sec.  704.180(e)(4)(ii)(A), (iii)(A), (iii)(B)(3), (iv)(B)(1),
(v)(B)(1), and (vi)(B)(2);
    (C) Any data element that is left blank or designated as ``not
known or reasonably ascertainable;'' or
    (D) Health and safety data required by Sec.  704.180(e)(5)(iii),
except that the following information may be claimed as confidential:
    (1) Information that would reveal processes used in the
manufacturing, importing, or processing of the substance or mixture, or
the portion of a mixture comprised by any of the

substances in the mixture, provided that the information is expressly
identified as revealing processing information or portion of a mixture;
    (2) Company name or address, financial statistics, and product
codes used by a company and contained in a study; and
    (3) Information other than company name or address, financial
statistics, and product codes used by a company, which is contained in
a study, the disclosure of which would clearly be an unwarranted
invasion of personal privacy (such as individual medical records).
    (iii) Certification statement for claims. An authorized official
representing a person asserting a claim of confidentiality must certify
that the submission complies with the requirements of this part by
signing and dating the following certification statement:

    ``I certify that all claims for confidentiality asserted with
this submission are true and correct, and all information submitted
herein to substantiate such claims is true and correct. Any knowing
and willful misrepresentation is subject to criminal penalty
pursuant to 18 U.S.C. 1001. I further certify that: I have taken
reasonable measures to protect the confidentiality of the
information; I have determined that the information is not required
to be disclosed or otherwise made available to the public under any
other Federal law; I have a reasonable basis to conclude that
disclosure of the information is likely to cause substantial harm to
the competitive position of my company; and I have a reasonable
basis to believe that the information is not readily discoverable
through reverse engineering.''

    (2) Substantiation. (i) Requirement to substantiate.
Confidentiality claims must be substantiated at the time of submission
to EPA, unless exempt under paragraph (h)(2)(iv) of this section.
    (ii) Information in substantiations may be claimed as confidential.
Such claims must be accompanied by the certification described in
paragraph (h)(1)(iii) of this section, but need not be themselves
substantiated.
    (iii) Substantiation questions for all claims. Answers to the
following questions must be provided for each confidentiality claim in
a TSCA submission:
    (A) Please specifically explain what harm to the competitive
position of your business would be likely to result from the release of
the information claimed as confidential. How would that harm be
substantial? Why is the substantial harm to your competitive position
likely (i.e., probable) to be caused by release of the information
rather than just possible? If you claimed multiple types of information
to be confidential (e.g., site information, exposure information,
environmental release information), explain how disclosure of each type
of information would be likely to cause substantial harm to the
competitive position of your business.
    (B) Has your business taken precautions to protect the
confidentiality of the disclosed information? If yes, please explain
and identify the specific measures, including but not limited to
internal controls, that your business has taken to protect the
information claimed as confidential. If the same or similar information
was previously reported to EPA as non-confidential (such as in an
earlier version of this submission), please explain the circumstances
of that prior submission and reasons for believing the information is
nonetheless still confidential.
    (C)(1) Is any of the information claimed as confidential required
to be publicly disclosed under any other Federal law? If yes, please
explain.
    (2) Does any of the information claimed as confidential otherwise
appear in any public documents, including (but not limited to) safety
data sheets; advertising or promotional material; professional or trade
publications; state, local, or Federal agency files; or any other media
or publications available to the general public? If yes, please explain
why the information should be treated as confidential.
    (3) Does any of the information claimed as confidential appear in
one or more patents or patent applications? If yes, please provide the
associated patent number or patent application number (or numbers) and
explain why the information should be treated as confidential.
    (D) Is the claim of confidentiality intended to last less than 10
(ten) years (see TSCA section 14(e)(1)(B))? If yes, please indicate the
number of years (between 1 (one) and 10 (ten) years) or the specific
date after which the claim is withdrawn.
    (E) Has EPA, another federal agency, or court made any
confidentiality determination regarding information associated with
this chemical substance? If yes, please provide the circumstances
associated with the prior determination, whether the information was
found to be entitled to confidential treatment, the entity that made
the decision, and the date of the determination.
    (iv) Exemptions from the substantiation requirement.
Confidentiality claims are exempt from the requirement to substantiate
the claim at the time of submission for the data elements required
pursuant to paragraphs (e)(4)(iii)(B)(1), (iv)(B)(1), (v)(A),
(v)(B)(2), (vi)(A), (vi)(B)(2), (vii)(A), and (vii)(B)(3) of this
section.
    (v) No claim of confidentiality. Information not claimed as
confidential in accordance with the requirements of this section may be
made public without further notice.
    (vi) Public copies. Submissions and their accompanying attachments
that include a confidentiality claim must be accompanied, at the time
of submission, by a public version of the submission and any
attachments, with all information that is claimed as confidential
removed. Only information that is claimed as confidential may be
redacted or removed. Generally, a public copy that removes all or
substantially all of the information would not meet the requirements of
this paragraph.
    (A) Where the electronic reporting tool contains a checkbox or
other means of designating with specificity what information is claimed
as confidential, no further action by the submitter is required to
satisfy this requirement.
    (B) For all other information claimed as confidential, including
but not limited to information in attachments and in substantiations
required under paragraph (h) of this section, the submitter must
prepare and attach a public copy. Submissions with public or sanitized
copies that are entirely blank or that are substantially reduced in
length as compared to the CBI version will not meet the requirements of
this paragraph (h)(2)(vi) of this section.
    (i) Electronic reporting. You must use the EPA Central Data
Exchange (CDX) to complete and submit the information required under
this section. Submissions may only be made as set forth in this
paragraph. Submissions must be sent electronically to EPA using the
asbestos reporting tool in CDX. The information submitted and all
attachments (unless the attachment appears in scientific literature)
must be in English. All information must be true and correct. Access
the asbestos reporting tool and instructions, as follows:
    (1) By website. Access the asbestos reporting tool via the CDX
homepage at https://cdx.epa.gov/ and follow the applicable
instructions.
    (2) By phone or email. Contact the EPA TSCA Hotline at (202) 554-
1404 or [email protected].

[FR Doc. 2023-14405 Filed 7-24-23; 8:45 am]
BILLING CODE 6560-50-P


Presentation on Renovation, Repair, and Painting Program Proposed Rule To New England Lead Coordinating Committee/ CDC Conference April 7, 2006 The participants viewed and discussed the presentation, " Lead Based Paint Renovation, Repair and Painting: Overview of Proposed Rule Feb. 2006". Julie Simpson, Chief, Lead, Heavy Metals, and Inorganics Branch, EPA HQ, gave the presention. A list of conference registrants is attached.


[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Proposed Rules]
[Pages 24562-24564]
[FR Doc No: 2021-09226]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2021-0295; Airspace Docket No. 21-ANE-2]
RIN 2120-AA66

Proposed Amendment and Establishment of Class E Airspace; Bar
Harbor, ME

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend Class E surface area and Class E
airspace extending upward from 700 feet above the surface at Hancock
County-Bar Harbor Airport, Bar Harbor, ME. This action would also
update the geographic coordinates of Hancock County-Bar Harbor Airport,
Bar Harbor, ME. In addition, this action would also establish Class E
airspace extending upward from 700 feet above the surface for Bar
Harbor Heliport, Bar Harbor, ME.

Controlled airspace is necessary for the safety and management of
instrument flight rules (IFR) operations in the area.

DATES: Comments must be received on or before June 21, 2021.

ADDRESSES: Send comments on this proposal to: the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue SE, West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001;
Telephone:<PHONE_NUMBER>, or<PHONE_NUMBER>. You must identify the
Docket No. FAA-2021-0295; Airspace Docket No. 21-ANE-2, at the
beginning of your comments. You may also submit comments through the
internet at https://www.regulations.gov.
    FAA Order 7400.11E Airspace Designations and Reporting Points, and
subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can contact the
Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; Telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11E at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT:  John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Avenue, College Park, GA 30337; Telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority,
as it would amend and establish Class E airspace in Bar Harbor, ME, to
support IFR operations in the area.

Comments Invited

    Interested persons are invited to comment on this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
    Communications should identify both docket numbers (Docket No. FAA-
2021-0295 and Airspace Docket No. 21-ANE-2) and be submitted in
triplicate to DOT Docket Operations (see ADDRESSES section for the
address and phone number). You may also submit comments through the
internet at https://www.regulations.gov.
    Persons wishing the FAA to acknowledge receipt of their comments on
this action must submit with those comments a self-addressed stamped
postcard on which the following statement is made: ``Comments to FAA
Docket No. FAA-2021-0295; Airspace Docket No. 21-ANE-2.'' The postcard
will be date/time stamped and returned to the commenter.
    All communications received before the specified closing date for
comments will be considered before taking action on the proposed rule.
The proposal contained in this document may be changed in light of the
comments received. All comments submitted will be available for
examination in the public docket both before and after the comment
closing date. A report summarizing each substantive public contact with
FAA personnel concerned with this rulemaking will be filed in the
docket.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
internet at https://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at https://www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see the ADDRESSES section for address and phone number) between
9:00 a.m. and 5:00 p.m., Monday through Friday, except federal
holidays. An informal docket may also be examined between 8:00 a.m. and
4:30 p.m., Monday through Friday, except federal holidays at the office
of the Eastern Service Center, Federal Aviation Administration, Room
350, 1701 Columbia Avenue, College Park, GA 30337.

Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11E, Airspace
Designations and Reporting Points, dated July 21, 2020, and effective
September 15, 2020. FAA Order 7400.11E is publicly available as listed
in the ADDRESSES section of this document. FAA Order 7400.11E lists
Class A, B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Proposal

    The FAA proposes an amendment to 14 CFR part 71 to amend Class E
surface airspace for Hancock County-Bar Harbor Airport by increasing
the radius from 4.2 miles to 5.5 miles, and eliminating the extensions
off the 204[deg] and 024[deg] bearings respectively. The Class E
airspace extending up from 700 feet above the surface for Hancock
County-Bar Harbor would be amended by increasing the radius from 7.4
miles to 8.0 miles, and adding an extension 3.7 miles each side of the
Hancock County-Bar Harbor Airport 025[deg] bearing extending from the
8.0-mile radius to 11.4 miles northeast of the airport. In addition the
geographical coordinates of Hancock County-Bar Harbor Airport would be
updated. This action would also establish Class E airspace extending
upward from 700 feet above the surface for Bar Harbor Heliport.
    Class E airspace designations are published in Paragraphs 6002 and
6005, respectively, of FAA Order 7400.11E, dated July 21, 2020, and
effective September 15, 2020, which is incorporated by reference in 14
CFR 71.1. The Class E airspace designations listed in this document
will be published subsequently in the Order.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies

and Procedures (44 FR 11034; February 26, 1979); and (3) does not
warrant preparation of a Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a routine matter that will only
affect air traffic procedures and air navigation, it is certified that
this proposed rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'', prior to any FAA final regulatory action.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation
Administration Order 7400.11E, Airspace Designations and Reporting
Points, dated July 21, 2020, and effective September 15, 2020, is
amended as follows:

Paragraph 6002 Class E Surface Airspace.

* * * * *

ANE ME E2 Bar Harbor, ME [Amend]

Hancock County-Bar Harbor Airport, ME
    (Lat. 44[deg]26'59'' N, long. 68[deg]21'41'' W)

    That airspace extending upward from the surface within a 5.5-
mile radius of Hancock County-Bar Harbor Airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

ANE ME E5 Bar Harbor, ME [Amend]

Hancock County-Bar Harbor Airport, ME
    (Lat. 44[deg]26'59'' N, long. 68[deg]21'41'' W)
Bar Harbor Heliport
    (Lat. 44[deg]22'54'' N, long. 68[deg]12'14'' W)

    That airspace extending upward from 700 feet above the surface
within an 8.0-mile radius of Hancock County-Bar Harbor Airport and
3.7 miles each side of the 025[deg] bearing extending from the 8.0-
mile radius to 11.4 miles northeast from the airport, and that
airspace within a 6.0-mile radius of the Bar Harbor Heliport.

    Issued in College Park, Georgia, on April 28, 2021.
Andreese C. Davis,
Manager, Airspace & Procedures Team, Eastern Service Center, Air
Traffic Organization.
[FR Doc. 2021-09226 Filed 5-6-21; 8:45 am]
BILLING CODE 4910-13-P