Reporting Due May 24 for EPA’s Asbestos Reporting and Recordkeeping Rule

May 10, 2024, 07:30 AM
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David Wagger
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Under a rule effective last year (see rule here), certain manufacturers and processors of asbestos are required to report certain information to the Environmental Protection Agency (EPA) on a one-time basis from Feb. 24, 2024 to May 24, 2024. It is possible that a recycler may be required to report because of importing activity during Calendar Years 2019-2022; however, if asbestos information is not known to or reasonably ascertainable by a recycler for those years, then reporting is not required. See EPA’s guidance on this asbestos rule here.

Specifically, under this asbestos rule, reportable information about activities during calendar years 2019, 2020, 2021, and 2022 must be submitted to EPA during the period Feb. 24, 2024 to May 24, 2024 using EPA’s Central Data Exchange (CDX) system. However, if such information is not “known to or reasonably ascertainable by” (KRA) a potential reporter, then that potential reporter is not required to submit information. “Known to” information is in the possession of the potential reporter, who may need to conduct internal searches to find it. “Reasonably ascertainable by” information exists beyond “known to” information, but new inquiries to customers are not required to produce it (see EPA’s brief KRA guidance). The annual facility threshold quantity of asbestos is zero (i.e., any non-zero annual amount is reportable). If reporting is required (i.e., some KRA information exists), then a reporter submits information via CDX using either abbreviated Form A (requiring less information) or Form B (full information). Per the [40%20CFR%20704.180(e)(1)(i)]rule, Form A is used when “you know or can reasonably ascertain that asbestos, including as a component of a mixture or article, or as an impurity, [was imported, for instance] but are unable to determine the asbestos quantity by weight”. Reporters must maintain records that document the submitted information, retain such records for 5 years after the submission period ends (i.e., through May 24, 2029), and allow EPA to access or copy them.

It is highly recommended to document searches for “known to” and “reasonably ascertainable by” information about asbestos when no KRA information exists (i.e., searches were fruitless) and reporting is not required. Retaining that search documentation through May 24, 2029 is also highly recommended. More information is available at EPA’s website here.

Questions about this one-time asbestos reporting and recordkeeping rule should be directed to David Wagger, ReMA’s Chief Scientist / Director of Environmental Management at 202-662-8533 or here.

Under a rule effective last year (see rule here), certain manufacturers and processors of asbestos...

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