TSCA Section 8(a)(1) Reporting and Recordkeeping Requirements for Asbestos
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The Environmental Protection Agency (EPA) is proposing reporting and recordkeeping requirements for asbestos under the Toxic Substances Control Act (TSCA). The proposed rule would require certain persons that manufactured (including imported) or processed asbestos and asbestos-containing articles (including as an impurity) in the last four years to report certain exposure-related information, including quantities of asbestos manufactured or processed, types of use, and employee data. The proposed rule also covers asbestos-containing articles and situations where asbestos is a component of a mixture.
EPA would use data collected through this proposed rule to help inform future actions involving asbestos, including part 2 of the risk evaluation for asbestos and potential future risk management activities resulting from that risk evaluation. For example, data collected on asbestos as an impurity could better inform the risk evaluation of the use of asbestos in talc. Additionally, part 1 of EPA’s risk evaluation included uses where asbestos may be part of an article, or a component of an end use product, like brake blocks and gaskets. This proposed reporting rule would help identify if there are articles that contain different types of asbestos.
What is TSCA section 8(a)?
TSCA section 8(a) generally authorizes EPA to promulgate rules that require entities, other than small manufacturers (including importers) or processors, who manufacture (including import) or process, chemical substance to maintain certain records and submit such reports as the EPA Administrator may reasonably require. However, TSCA section 8(a) enables EPA to require small manufacturers to report under certain circumstances, such as when the chemical is the subject of a TSCA section 6 proposed or final rule. Because asbestos is the subject of a final TSCA section 6 rule, EPA is proposing that certain forms of asbestos are not eligible for a small manufacturer (including importer) or processor exemption.
Under TSCA section 8(a), EPA may require reporting and recordkeeping of the following information:
- The common or trade name, chemical identity, and molecular structure of each chemical substance or mixture;
- Categories or proposed categories of use for each substance or mixture;
- Total amount of each substance or mixture manufactured (including imported) or processed, the amounts manufactured (including imported) or processed for each category of use, and reasonable estimates of the respective amounts to be manufactured (including imported) or processed for each of its categories of use or proposed categories of use;
- Descriptions of byproducts resulting from the manufacture (including import), processing, use, or disposal of each substance or mixture;
- All existing information concerning the environmental and health effects of each substance or mixture;
- The number of individuals exposed, and reasonable estimates of the number of individuals who will be exposed, to each substance or mixture in their places of employment and the duration of their exposure; and
- The manner or method of disposal of each substance or mixture, and any change in such manner or method.
Read the full federal register notice at docket EPA-HQ-OPPT-2021-0357 on www.regulations.gov.