Asbestos; Regulation of Certain Uses under TSCA 6(a) (Proposed Rule)

Forms and Documents

Document Name	Status
2707fr01.docx Supporting Statement B	2022-04-12
2707ss01.docx Supporting Statement A	2022-04-12

IC Document Collections

IC ID	Document Title	Status
252852	Recordkeeping Requirements for Chrysotile Asbestsos	New

ICR Details

OMB Control No:	ICR Reference No: 202204-2070-002
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: EPA/OCSPP	Agency Tracking No: 2707.01
Title: Asbestos; Regulation of Certain Uses under TSCA 6(a) (Proposed Rule)
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/12/2022

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	16	0
Time Burden (Hours)	29	0
Cost Burden (Dollars)	0	0

---

Abstract: EPA is developing a proposed rule to address unreasonable risks to human health from chrysotile asbestos under section 6 of the Toxic Substances Control Act (TSCA). The proposed rule would prohibit certain uses of chrysotile asbestos. It also would require each person who disposes of chrysotile asbestos and any chrysotile asbestos containing articles related to those uses to adhere to requirements described in the OSHA Asbestos General Standard in 29 CFR 1910.1001(k) regarding asbestos waste disposal. Additionally, EPA is proposing to cross-reference the disposal requirements of Asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) (40 CFR Part 61, Subpart M) at 40 CFR section 61.150 for the following conditions of use: chrysotile asbestos diaphragm for use in chlor alkali facilities; oilfield brake blocks; other vehicle friction products; and any non-consumer use of other gaskets and aftermarket automotive brakes and linings. The proposed rule also requires each person who disposes of chrysotile asbestos or any chrysotile asbestos containing articles subject to the rule to retain at the headquarters of the company, or at the facility for which the records were generated, documentation showing compliance with the disposal requirements as well as any documentation, such as invoices or bills of lading, related to compliance with the prohibitions in the rule.

---

Authorizing Statute(s): US Code: 15 USC Sec. 2605(a). Name of Law: Toxic Substances Control Act (TSCA)
  

Citations for New Statutory Requirements: None

---

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2070-AK86	Proposed rulemaking	87 FR 21706	04/12/2022

---

Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

---

Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Recordkeeping Requirements for Chrysotile Asbestsos

---

ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	16	0	0	16	0	0
Annual Time Burden (Hours)	29	0	0	29	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection.

---

Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

---

Common Form ICR:  No

---

On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/12/2022

---