['Toxic Substances Control Act - EPA']
['Toxic Subtances Control Act - EPA', 'Toxic Substances - EPA']
07/08/2024
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[Editor’s Note: This section is added effective May 28, 2024.]
(a) In addition to meeting the requirements of §§751.505(c), any person who processes, distributes in commerce or commercially uses chrysotile asbestos for diaphragms in the chlor-alkali industry between May 28, 2029 and May 25, 2032 must:
(1) Certify to EPA their compliance with all requirements of §751.505(c); and
(2) Provide the following information to EPA to support their compliance with the requirements of §751.505(c):
(i) Identification of the facility for which, by May 28, 2029, the person has ceased all processing, distribution in commerce and commercial use of chrysotile asbestos, pursuant to §751.505(c)(2), including:
(A) facility name, location, and mailing address;
(B) name of facility manager or other contact, title, phone number and email address; and
(C) date the person ceased all processing, distribution in commerce and commercial use of chrysotile asbestos at the facility.
(ii) Identification of the facility or facilities (no more than two facilities) for which the person will after May 28, 2029, continue to process, distribute in commerce and commercially use chrysotile asbestos diaphragms while the facility or facilities are being converted to non-chrysotile asbestos membrane technology, pursuant to §751.505(c), including for each facility:
(A) facility name, location, and mailing address; and
(B) name of facility manager or other contact, title, phone number and email address.
(b) In addition to meeting the requirements of paragraph (a) of this section and §§751.505(d), any person who processes, distributes in commerce or commercially uses chrysotile asbestos for diaphragms in the chlor-alkali industry between May 25, 2032 and May 26, 2036 must:
(1) Certify to EPA their compliance with all requirements of §751.505(d); and
(2) Provide the following information to EPA to support their compliance with the requirements of §751.505(d):
(i) Identification of the facility identified in §751.505(d)(2)(ii) at which as of May 25, 2032, the person has ceased all processing, distribution in commerce and commercial use of chrysotile asbestos, including:
(A) facility name, location, and mailing address;
(B) name of facility manager or other contact, title, phone number and email address; and
(C) date the person has ceased all processing, distribution in commerce and commercial use of chrysotile asbestos at the facility.
(ii) Identification of the facility at which the person will between May 25, 2032 and no later than May 26, 2036, continue to process, distribute in commerce and commercially use chrysotile asbestos diaphragms while the facility is being converted to non-chrysotile asbestos membrane technology pursuant to §751.505(d), including:
(A) facility name, location, and mailing address; and
(B) name of facility manager or other contact, title, phone number and email address.
(c) The certification required by paragraphs (a) and (b) of this section must be signed and dated by a responsible corporate officer. For the purpose of this section, a responsible corporate officer means: a president, secretary, treasurer, or vice-president of the corporation in charge of chlor-alkali operations, or any other person who performs similar policy or decision-making functions for the corporation.
(d) Any person signing a document under paragraph (c) of this section shall also make the following certification:
“I certify under penalty of law that this document was prepared under my direction or supervision, and the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware it is unlawful to knowingly submit incomplete, false and/or misleading information and there are criminal penalties for such conduct.”
(e) This certification must be submitted to the Director, Office of Pollution Prevention and Toxics (OPPT), using the address specified at 40 CFR 700.17(a).
(1) The certification under paragraph (a) of this section must be submitted no later than 10 business days after May 28, 2029; and
(2) The certification under paragraph (b) of this section must be submitted no later than 10 business days after May 25, 2032.
[89 FR 22005, March 28, 2024]
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['Toxic Substances Control Act - EPA']
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.