Document 0J92odqMre4YZE2aeoqbEoLym

OTHlii tlBUm* m Federal Register / Vol. 44, No. 202 / Wednesday, October 17,1979 / Proposed Rules 60057- CONSUMER PRODUCT SAFETY SUPPLEMENTARY INFORMATION; only brief or fatermitten "bystander" ,.:-c COMMISSION 16 CFR Chapter II Background . 'Kh-y . Asbestos is a general1 term-for any of exposures.. \'a. Autopsy studies of lung tissues of residents fa urban areas fa many parts' Consumer Products Containing Asbestos; Advance Notice of Proposed Rulemaking several naturally occurring fibrous minerals composed of silica, oxygen, hydrogen, and other elements such as sodium, calcium, iron, or magnesium. of the world indicate that the general -- population.is being exposed to asbestosfrom the general environment and*that once inhaled, asbestos fibers can remain agency: Consumer Product Safety - Commission. . ' action: Advance Notice of Proposed There are six basic varieties of asbestos minerals that are found in fiber form: chrysotile (the most common variety, and that found in about 85% of asbestos- lodged.fa the lungs for life. - . Health Risks Related to Consumer Products Containing Asbestos Rulemaking. containing products fa. the Unites Asbestos.released from consumer States], amosite, cracfdofite, actinolite products poses several unique problems summary: The Consumer Product Safety Asbestos, tremolite asbestos* and in the household. First young childreh Commission is concerned that consumer anthophyllfte asbestos. ... and infants are subject to exposure.This exposure to asbestos from consumer products may present an unreasonable risk of injury and that some consumer products containing asbestos may -- present a substantial product hazard. CPSC will begin its formal investigationof the use of asbestos in consumer products by publishing this notice soliciting general information on the useof asbestos in consumer products. In addition to soliciting information on the use of asbestos in consumer products, this notice describes CPSCs proposed regulatory approach to asbestos in consumer products and solicits public comment on the approach. The . The high tensile strength, flexibility is of particular concern, to the' and beat chemical resistance of Commission. Second, unlike asbestos asbestos.makes it adaptable to a large released into the general environment number of uses. Although precise figures where fibers may be disbursed, by air ' on the number of asbestos-containing currents, asbestos fibers released front products are not available, the consumer products into the -living space- Commission estimates that hundreds of can remain fa a confined, space over different types of consumer products long periods of time and may be subject contain asbestos in.icma form. Many to repeated cycles of sattlfag-and. consumer products, far. example, contain resuspension. The presence of asbestos asbestos paper as a thermaLor electrical insulating, barrier. Asbestos is also fibers can thus pose an ongoing --- inhalation risk in the household. Third! commonly used fa-household building products to provide strength and stability: - unlike the workplacewhere engineering control systems and protective clothing are available -to-minimize worker exposure to asbestos, household Commission will consider the comments Health RisksRelaietfttrAsbestos members have little or no protection during the development of any proposed Exposure ' from exposure to asbestos fibers- regulation or other remedial action to protect consumers. DATE: Comments and information should be submitted on or before December 17,1979. Those comments received after this date will be considered only to the extent practicable. CPSC is concerned that, the presence of asbestos fa-consumer producisTunder certain conditions, may-present a risk of cancer and respiratory disease. On the basis of current information, it appears that consumer products containing asbestos fibers can pose a health hazard if the asbestos fibers are released into released from consumer products. PreviousCommission Action Concerning Asbestos in Consumer Products " . The Commission has issued rules declaring consumer patching compounds and artificial emberizing materials containing,respirable asbestos as ADDRESS: Comments and information the air. and therefore are available for banned hazardous products under the should be sent, preferably in five copies* inhalation. The hazard may be - Consumer Product Safety Act (CPSA). to Office of the Secretary, Consumer undetectable in the ordinary use of (16 CFR 1304 and 1305, 42 FR 63354, , Product Safety Commission. asbestos-containing products, since December 15,1977.) These actions were Washington. D.C. 20207* and should some asbestos fibers may be visible taken on the basis of Commission refer to "Asbestos." Received comments only by means of optical or electron findings that the use of these products fa and other relevant information may be microscopy. the household would subject consumers examined in copies obtained from Office A large body of scientific evidence to increased exposure to asbestos fibers. of the Secretary, 111118th Street. N.W., suggests that all major types of asbestos ; : The Commission determined that this- 3rd Floor, Washington. D.C. 20207. are carcinogenic. Animal data and - - ~ inereased exposure, combined fa many during business hours Monday through human epidemiologic studies support -ct cases with exposure to asbestos from Friday. this conclusion. ` other sources, would result in an FOR FURTHER INFORMATION CONTACT: Francine Shacter, Program Manager* Office of Program ManagementConsumer Product Safety Commission. Washington. D.C. 20207, telephone (301) Extensive epidemiologic studies of - -. --ifr increased risk of cancer. In view of the health effects conducted fa occupational seriousness of this illness and the * ..... settings provide the largest body of -- cumulative effects of asbestos exposures information, on asbestos-related - the Commission determined that diseases Since the early 1960`s there- \ continued use of these products fa the - 492-6557. For information concerning has been increasing evidence as well of*''*- household presented an unreasonable financial compensation for public asbestos-related diseases in populations ; risk of unjury and that no feasible participation in this investigation, contact Catherine Bolger, Office of the Secretary at the above address, telephone (202) 254-6241. not occupationally exposed to asbestos* consumer product safety standard under Epidemiologic studies have ; the CPSA could adequately protect the demonstrated increased incidence of : - public from the risk. asbestos-related diseases, including-lung The Commission has also been cancer and mesothelioma (a cancer of concerned with the use of asbestos in the linings of the pleura arid peritoneum} hair dryers fa fight of information among nanoccupationaily exposed initially indicating that a significant - - populations, including individuals with -xv*ir~ c 003231 0058 Federal Register / Vol. 44, No. 202 / Wednesday, October 17. 1979 / Proposed proportion of some 50 to 60 million hair dryers in consumers' hands or in the chain of distribution contained asbestos. As a result of negotiations between the Commission's staff and firms which share approximately 90% of the consumer hair dryer market, the firms have agreed to cease production and distribution of hair dryers containing asbestos and to offer consumers some form of repair, replacement, or refund. The Commission's concern with hair dryers containing asbestos has been broadened to include hair dryers' used by consumers in commercial hair dressing establishments. Tests of hair dryers containing asbestos have been performed for CPSC by the National Institute of Occupational Safety and Health (NIOSH) of the Department of Health. Education, and Welfare -to aid in the determination of emission of asbestos fiber from the hair dryers. The results of these tests are currently being analyzed. Information Gathering on Consumer Products Containing Asbestos ' ' In order to determine the scope of the potential problem posed by consumer, products containing asbestos, CPSC commissioned a study to determine what other categories of consumer products contain asbestos. As a result of a report by a Commission contractor. Review ofAsbestos Use in Consumer Prducts. A. T. Kearney, Inc., Management Consultants (April, 1978) (Kearney report) and through examination of other published sources, the Commission has developed information that indicates the presence of asbestos in a number of consumer products. Using the Kearney Teport and other available published sources, the Commission's staff has grouped the products according to the general form in which the asbestos exists in the product. This list of consumer products or categories of products containing asbestos is set forth in Appendix A to this notice. Also included in Appendix A is a list of consumer products that have * been the subject of consumer inquiries or that are otherwise alleged to contain asbestos. The Commission requests interested persons to provide information on whether the lists in Appendix A are complete and accurate. Any information received in response to this notice will help the Commission determine the scope of the problem and . identify specific products on which it may-need to focus its attention. To obtain additional specific information on the use of asbestos in consumer products in the near future, the Commission intends to issue general and special orders under the authority of section 27(b)(1) of the CPSA (15 U.S.C. 2076(b)(1)) to require manufacturers (including importers) and private . labelers of certain categories of consumer products to submit information on the use of asbestos in . specified consumer products which the Commission believes merit initial attention. The Commission intends to select consumer products containing asbestos for priority attention in this * investigation, based on the following criteria: (1) the number of units of the product estimated to be in use by consumers, (2) the form and location of the asbestos -in the product; (3) the frequency, duration, manner, and location in the consumer's environment of product use, including such factors' as the expected useful life of the product and the presence of heat and/or moisture and the likelihood of abrasion during use or forseeable misuse; (4) the likely availability and feasibility of substitutes ior asbestos in the product; *(5) the relative ease of data collection and analysis by the Commission and the reporting burden on industry; and (6) the degree of potential overlap of CPSC reporting requirements with the information gathering efforts of other regulatory agencies, particularly the Environmental Protection Agency. The information which the Commission may require in the general or special orders includes for the products covered: specific product indentification information; the function performed by the abestos in the product; a description of the asbestos; the location of the asbestos in the product; available test or other data concerning asbestos fiber emission; information on the promotion, marketing, and use patterns -of the product: and information on possible substitutes for the asbestos in the product' The Commission plans to begin selecting products for priority attention and may issue general or special orders to require the submission of information on those products during the time it is receiving comments on this notice. The Commission intends to coordinate the gathering of information under the general and special orders with the information gathering activities of the Environmental Protection Agency (EPA), which is proposing, in an Advance Notice of Proposed Rulemaking appearing elsewhere in this issue of the Federal Register, a comprehensive regulatory program under the Toxic Substances Control Act to address asbestos exposure. Coordination between CPSC and EPA will include the sharing of information, including where permitted by applicable law, the sharing of confidential business information. Through this coordination. EPA and CPSC will endeaver to reduce reporting burdens on industry and improve the efficiency and effectiveness of regulatory efforts. The Commission solicits comments and information from interested persons on the issues raised by the sharing of confidential business information, particularly concerning ways to reconcile the agencies' need for information with industry's legitimate interest in preserving the confidentiality of trade secrets and other confidential commerical or financial information. Regulatory Approach General Policy The previous regulatory action the Commission has taken concerning asbestos in consumer products has been based on several principles. First, the Commission concluded that exposure to any respirable asbestos fibers from consumer products presents a health risk because there has not been demonstrated to be a threshold or no effect level below which exposure to asbestos fibers would be considered safe. Further, exposure to asbestos from consumer products is generally in addition to environmental exposure from a number of other sources, and therefore must be viewed as part of a cumulative burden of asbestos exposure. Second, the seriousness of the injury associated with asbestos exposure--the potential increased risk of cancer--was given considerable weight by the Commission in the decision-making process to determine whether the consumer products presented an unreasonable risk. As it is required to do by statute, the Commission carefully considered the effect of regulatory action on the utility, cost and availability of the product and concluded that in the absence of compelling evidence of unacceptable social or economic costs associated with removal of asbestos from the product, regulatory action was warranted. The Commission recognizes that before it may take regulatory action, the Commission must make the necessary statutory findings, based on substantial evidence; and that it must observe the requisite procedures designed to ensure due process in-taking regulatory action. As a general approach, however, the Commission proposes initially to seek the elimination of ail non-essential uses of asbestos in consumer products from which asbestos fibers are released during reasonably foreseeable conditions of use, including misuse. The Commission proposes to take regulatory action concerning non-essential uses of the UK C 003232 \ l<&s* Federal Register / VolT 44', No, 202. / October 17, 1979, . / Proposed Rules 60059 asbestos on the basis of a determination hazard and requiring' the repair or number of different consumer products of the fact of asbestos fiber emission, replacement of the product or refund of that share: similar or related uses of rather than a quantitative assessment the purchase price; or asbestos, provided the Commission - In determining whether a use of (5) rules requiring manufacturers of makes the requisite statutory findings V& asbestos is essential, the Commission will generally consider a number of the product to give notification to under the CPSA. (See section 9{c^l5- consumers of performance and technical U.S.C. 2058(c).) factors, includihg.but not limited to: the data, tnclnding warnings or.instructions Regulatory action to address asbestos function performed by the asbestos in for safe use, at the point of sale. Such in consumer products could include the product the benefit derived from the performance and taghniratl data could regulation of asbestos as a component in use of asbestos in the product; and the include the results of testing whiclv any consumer product where exposure availabilityand cost of substitutes for under certain circumstances, the to asbestos fibers occurs; regulation of a. the asbestos; and the safety of such Commission may require manufacturers group or category of consumer products substitutes. to perform. which contain asbestos in a forai that The Commission proposes to use this At any time, even when one of the results in.exposure to asbestos fibers: or regulatory approach in addressing the above proceedings'is pending, the regulation, of individual products that problem of asbestos exposure from Commission may file a civil actionin contain asbestos on a case-by-case consumer products and solicits United States district court against an .. basis if exposure tp asbestos fibers .. comments from interested persons on "imminently hazardous" consumer - occurs. The Commission has used the whether this is an appropriate approach product or die manufacturer; distributor latter approach in the past. From the under the regulatory authority of the or retailer of such product for seiznre or standpoint of effective protection of the Commission. injunctive relief. public health and efficient expenditure By proposing this regulatory The FHSA prescribes requirements for* . of limited resources, however, the approach, the Commission does not cautionary labeling of household . . , Commission believes that in certain intend to preclude possible action to products which are or contain circumstances a broader.more "generic"' address essential uses of asbestos in "hazardous (ineluding"toxic") approach to regulation may be ,^. consumer products from which asbestos substances", as those terms are defined*- preferable. Where appropriate, the '. ' " fibers are released. The initial focus, in the Act or as the Commission may Commission willconsidersuch an however, will be on non-essential uses define them by regulation. The approach to the regulation of asbestps in of asbestos. Commission also may prescribe by consumer products. In situations where Statutory Tools for the Regulation of Asbestos in Consumer Products regulation reasonable variations or *> additional label requirements for ' hazardous substances. If the : *_ : a particular type of product is found to present a hazard, the Commission will pursue appropriate regulatory action as CPSC administers two statutes under Commission finds that notwithstanding to that product type. ._ which it is empowered to regulate asbestos in consumer products. Under . cautionary labeling, the degree or nature > of the hazard presented by the Issues Highlighted For Comment the Consumer Product Safety Act substance is such that the public health The Commission solicits comments (CPSA, IS U.S.C. 2051, et seq.). CPSC . can be adequately protected only by and information from interested persons - has the general responsibility to protect excluding such substance from the on all the issues raised in this notice as & the public from unreasonable risks of injury, illness or death associated with channels of commerce, it may, by regulation, declare the substance a well as any other matter relevant to the investigation and possible regulation of consumer products. Under the Federal. banned hazardous substance. Banned consumer products containing asbestos. Hazardous Substances Act (FHSA, 15 hazardous substances are subject to The Commission is particularly U.S.C. 1261. et seq.), CPSC may regulate automatic repurchase under the Act. interested in receiving comments and hazards presented by the presence or Where a serious threat to public health, information on the issues and questions use of toxic and other hazardous exists, the Commission, pending set forth below, ' -v* *'-....... * substances in the household. completion, of a rulemaking proceeding 1. Is the Commission's list of Possible regulatory actions under the . to declare a substance a banned consumer products containing asbestos CPSA to address asbestos exposure hazardous substance, may, by notice (or possibly containing asbestos) * include:. , published in the Federal Register, .' '. contained in Appendix A accurate and (1) consumer product safety standards declare a substance an "imminent : complete? Arethereproducts or consisting of requirements as to hazard"; and thus temporarily ban such. * categories:ofproducts on the list that performance, composition, contents, substance from the channelsof . are (a) no longer manufactured or (b) design, construction, finish or packaging commerce. -- 's currentlymanufactured but no longer of the product; Tbe CPSA empowers the Cbmmissioir'- contain, asbestos? Are there products or (2) consumer product safety standards to address unreasonable risks,of injury -gr categories of products currently requiring that the product be marked with or accompanied by clear and adequate warnings or instructions, including requirements specifying the form of warnings or instructions; (3) rules declaring the product a banned hazardous product; associated with consumer products or -' manufactured that contain asbestos but components of such:products. The that are not on the Ust? inclusion of components was intended's^ . 2. How can Bgencies (such-as CPSC to enable the Commission "to regulate ^ and EPA) proceed tar obtain information just a part of a consumer product if.only ^ ` necessary to make informed regulatory such-regulation were warranted." ASG~'< r-.- decisions concerning asbestos while Industries. Inc.v. Consumer Product... considering industry's, and the general, (4) orders, following the opportunity for an evidentiary hearing, determining Safety Commission, 593. F. 2d 1323 (D.C. public's interest in avoiding unnecessary Cir. 1979).This recognition that.products reporting burdens? How can the that a product presents a substantial may pose a risk, of injury because of the.. agencies' needs for mformation.be met product hazard; and requiring the T presence of a particular component-' - - while protecting industry's legitimate manufacturer, distributor, or retailer to suggests that the CommwsKwermM r' " . interest in preserving the confidentiality notify the public and specific purchasers address in a single regulatoryaction the., of trade secrets and other confidential of the product of the nature of the use of asbestos as a component in a commercial and financial infonnation- .xif f V c 003233 60060 'Federal Register / VoI.'44. No. 202 / Wednesday.' October 17.1979 / Proposed Rules 3. The Commission's proposed should receive priority attention in this regulatory approach will initially seek ' investigation. ,, . the elimination of all non-essential uses 9. The Commission haslistpd-a,. of asbestos in consumer products from number of criteria which it intends to which asbestos fibers are released ' - apply in selecting consumer products during reasonably foreseeable containing asbestos for priority. .. conditions or duration of ustf. including attentionin its investigation. Are these misuse. Is this a sound approach7 Is it criteria appropriate? Are there : > an appropriate one under the statutes additional criteria thatahould be the Commission administers? Under - applied?. - , what circumstances should the -' Commission consider action to address Public Participation essential uses of-asbestos in consumer During the investigation andpossible. ' products from which fibers are released? regulation of consumer products 4. How should the Commission' " containing asbestos, the Commission determine what constitutes an essential hopes to receive the views of public ' use of asbestos in consumer products? interest consumer, industry iand other Are the Commission's proposed criteria interested groups on ail relevant issues. appropriate? How much weight should In order to facilitate this participation, be given to cost, availability, utilityor the Commission, in addition to soliciting safety of substitutes for asbestos in . written comments and information consumer products? How should the through this notice, may conduct one or societal benefit derived from a product, or the use of asbestos in a product, be more public hearings or meetings.-In ; order to ensure representation of ' assessed? ' " ' viewpoints from groups.and individuals 5. The Commission's proposed position concerning the type of evidence necessary for regulatory action is that it can take action on the basis of a who might otherwise not have the- ~ means to furnish comments in-response to this notice, the Commission will make available financial compensation for-: - - determination that asbestos fibers are being emitted from a product. Is this " ' approach appropriate? In what... -situations should quantitative measures reasonable expenses incurred in furnishing comments. Funding will also be available for participation in any' hearings, meetings, or other future ' of asbestos fiber emission be attempted? If so, who should conduct the tests to . determine the quantitative levels being .emitted from particular products? Should the Commission attempt to Commission proceedings connected to ' this investigation. Eligibility for financial compensation will be determined in accordance with the Commission's Interim Policies and Procedures- ' define or develop criteria to determine whether asbestos fibers are "respirable"? concerning Financial Compensation of Participants in Informal Rulemaking'v Proceedings (16 CFR Part 1050). 6. Where appropriate the Commission Individuals or groups who wish to apply intends to consider regulation of ' asbestos as a component of one or more groups or classes of consumer products (i.e. "generically"), rather than on a . - for financial compensation should promptly contact the Office of the Secretary at the above address, and indicate their interest in-receiving the ' product-by-product basis. Under what necessary application forms and other circumstances would this be an information.. . r y; . . .. appropriate approach? What are the advantages or disadvantages of such an approach? 7. The Commission does not Intend to employ quantitative estimates of cancer (Consumer Product Safety Act 15 U.S.C. 2051 et seq, Federal Hazardous Substances Act 15 U.S.C. 1281, et seq.) . ____ Dated:October 12,1879. ` . SadyeE. Dunn, risks posed by exposure to asbestos'. fibers in making regulatory decisions ' Secretary. ConsumerProductSafety. Commission. .,, . concerning consumer products ' ' ' Appendix A^Consumer Products....... containing asbestos. Is this an ' " ' Containing Asbestos 1 r appropriate approach .to the regulation of the risks posed tb the public from. exposure to asbestos in consumer '" products?; '" B. The Commission fras limited'-' Asbestos Paper Products', Acoustical ceiling tile Lamp sockets ., ".. ` Burner mats for gas stoves ' ` . ' information concerning qualitative or' quantitative studies of asbestos fiber 1 Source;Review ofAsbestos Use in Consumer Products. A. T. Kearhylnc^ Management emission from particular consumer Consultants (April. 1975). and other published products. The Commission is interested' in receiving any such information in " order to help identify products which sources. Final jurisdictional determinations for these products have not been made. The inclusion of a product on this list does not mean that ail brands or models of that product contain asbestos. Roofing felts (outer layers) Pipe and boiler covering Vinly sheet flooring backing -Radiator top insulation Appliance heating shielding (paper) Slow cookers - Hair dryers Paper sheets for beat insulation Millboard TV and other electronic switch plates Electric switch boxes Metal reinforced gaskets (for air-cooled engines) _. Electrical washers Linings for ovens, kilns, safes, safety boxes, incinerators Millboard sheet Wall protection behind heat-generating . products Floor protection under wood and coal stoves Soldering and welding blocks Iron rests Appliance heat shielding (millboard) Toasters Rotisserie broilers Fireproof wallboard Metal-blad fire doors and partitions Tent grommets Stove pipe rings doth and Woven Products Flexible air conductor for heating, cooling and ventilating equipment Appliance wiring Barbecue fire starters Broilers Curling irons Electric blankets Hair dryers Heating pads Ranges Slow cookers ' Toasters Irons Deep fat fryers Electric fry pans Awnings Candlesticks Catalytic Heater Mantles Cigarette Lighter wicks Cord Seals for high temperature gaskets Valve steam packings Insulation for glass handling tools Reinforcing for braided wall stem host- Theater curtains Felt Reinforcements in plastics Gaskets Reinforcement in asbestos tapes Secondary insulation in high temperatun wire and cable Asphalt impregnated roofing felts Piano and organ felts Heating pads (element insulation) Ironing board pads and covers Lamp and lantern mantles Pipe and boiler covering Pot holders and oven mitts Flame resistant garments Gloves Hats Helmets Hoods Mittens Federal Register / Vol. 44. No, 202 / Wednesday; October 17, 1979, / Proposed Rules 60061 Overgaiter* Sleeve* Suit* Umbrella* Aprons - Arm protector*. Flame-re*istant blanket* Boot* Cap* Smokers' bibs ' Stove*--Coal and wood burning Tape for pipe insulation Braid and rope for packing Motion picture screens Tent grommet* - , Asbestos Cement Products Water, sewer and septic drain Held pipe Airduct pipe Sheet product* Roofing clapboard' ~ Siding . .* Shingles ' Interior, walls Boiler and furnace baffles Bulk sheeting Welding shields Baking sheets ... '. : Blackboards ' ' '` Laboratory table tops Linings for vaults, safes, humidifiers and filing cabinets Viscous MatrixProducts Adhesives (glues and epoxies) Air duct cement for asbestos-cement air duct Buffing and polishing compounds- Caulks and putties Floor tile cement and mastic Auto body filler Flashing cement Furnace cement ' - Glazing compound for ceramics - - Pipe and boiler coverings Roof and driveway coatings Stains and varnishes Automotive metal deadener Automotive undercoating Refrigerant cements Automotive muffler repair compounds- Products Subject to Inadvertent Asbestos Contamination Driveway gravel Fertilizer and lawn care products - . Potting materials (vermiculite) ' Talcs for noncosmetic or food use applications - Miscellaneous Products Acoustical and thermal insulation material sprayed Ammunition shell wadding Automotive mufflers Barbecue firebed materials in gas barbecue grills Boat Hull Repair Kits Flowerpots Friction Materials Clutch plates Brake linings Potters' kilns (home hobby)' Pottery clay - ; Powder (asbestos) Bulk fiber Reinforcement in molded plastics and rubber Automotive radiator sealant Vinyl asbestos floor tiles Abrasive wheels Aerial distress flares - -- ` Molded plastics and phenolic laminates Paint Textured paint - Cement, drywall and plaster patching compounds Artificial gas fireplace emberizing material Phonograph records ... . Consumer Products Possibly Containing Asbestos1 Appliances Air conditioners . -f.; Dishwashers J'.. Hand-held mixers ' "V '. _' Portable electric heaters Popcorn poppers - - r"; Refrigerators Vacuum cleaners ---i- Waffle Makers Miscellaneous Products Carpet padding 1 Fire places Instant papier mache - Light fixtures on railroad passenger cars - Welding masks File cabinets - - |FR Doe. 7S-420S7 Ftl<l 10-15-7* S4S *i) . atuma coot sus-o-ms ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 763 [OTS 61005; FRL 1332-4A] Commercial and Industrial Use of Asbestos Fibers; Advance Notice of Proposed Rulemaking AGENCY: Office of Toxic Substances, . Environmental Protection.' - agency: (EPA, or the Agency). action: Advance Notice of Proposed' Rulemaking (ANPRM) Under the Toxic Substances Control Act (TSCAJ. summary: EPA is concerned that many sources of human exposure to asbestos may present an unreasonable health risk. Exposure to asbestos fibers has been shown to contribute to increased risk of lung damage (asbestosis] and cancer of several anatomic sites in humans. .. ll Asbestos is a generic name for several naturally occurring mineral fibera.-Since: the beginning of the century, approximately 30 million tons of asbestos fibers have been used in the - United States to produce thousands of - commercial and industrial products. The inventory of asbestos products is ' growing since products introduced into commerce represent about 750,000 tons * Source: Consumer inquiries and other sources not verified by the Cammistioa ..-.y- y-',-- of asbestos per year. Some fibers used in these products are inevitably released as a result of fiber processing, product . manufacturing, distribution in ,, ; commerce, product use. and disposal- Much of this asbestos remains in the, .... biosphere as a ubiquitous pollutant because of the fibers' mobility and . ' , resistance to chemical and physical ; - decomposition. Humans may be ,, exposed to- these fibers from the f. aforementioned direct and indirecL___ sources. ' Certain exposures to asbestos are controlled under various Federal and- r State authorities, however, because of-limited mandates (i.e.. focused.on . ' ' specific populations or exposure sources), technical difficulties (e.g^ ... available fiber measurement. techniques), and other analytical - constraints, these authorities are noL . able to deal with the total asbestos -- problem. As a result, many population . segments remain exposed to. and inadequately protected from both direct and diffuse sources of asbestos. The comprehensive manadate of the TSCA enables EPA to. reduce health risk from sources which are difficult to .. . control through media-specific or source-specific regulation authorized under other Federal authorities. Under ' TSCA, EPA is currently investigating the cumulative effects of exposure to asbestos throughout its life cycle in commercial and industrial products (i.e.. from mining and milling through processing, product manufacturing, use and disposal). Our preliminary studies indicate substantial continuing exposure of millions of people to the ever growing, inventory of asbestos sources. As a result of this study! the Agency expects to promulgate rules to prevent and reduce any unreasonable risks That are ' identified. , - > - L-v . EPA anticipates that any rules it develops to control unreasonable asbestos risk will evolve chiefly from ar ** .-combination of the following regulatory. approaches. Under the first approach, .- the Agency might promulgate rales that.. prohibit the processing, manufacture. .... .and use qf'certain asbestos-containing" 1' . products or product categories-Under : . the second approach, the Agency might - limit the annual amount of asbestos imported and produced in the United -,- States, otit might limit the amount of asbestos processed in the United States. Both approaches would aim at reducing ' . .the consumption of asbestos for nonessential purposes. Both reflect the .Agency's belief that many asbestos products have economically available* substitutes. All rules would be designed .to minimize adverse impacts on industry *e-' * & C 003235 *>. 60062 Federal-Register / Vol. 44. No. 202 / Wednesday. October 17. 1979 / Proposed Rules by providing sufficient time to adopt SUPPLEMENTARY INFORMATION: :: human and environmental exposure to substitutes and eliminate asbestos The Problem i -r- - asbestos.* Despite these regulations, processing equipment.-, "". . EPA has conducted a preliminary' ' " however, large segments of the . . Control of asbestos already installed or in service will generallyrequire action different from the ones above. Many existing sources are difficult to identify and control. However, as as initial step, the Agency is investigating the development ofa rule to require public school surveys to-determine whether asbestos hazards are present due to deteriorating insulation. The Agency wifi also consider requiring appropriate corrective measures Where hazards are found. An Advance Notice evaluation of asbestos related health effects and exposure situations. On the basis pf this evaluation. EPA believes that many sources of exposure to asbestos may present an unreasonable human health risk because of serious adverse health effects and large- - `numbers of people subject to exposure. Studies of exposed populations have' shown that asbestosit, a-progressive deterioration of lung function, and various types of cancer are associated with asbestos exposure, even at low population continue to be exposed to asbestos. Consistent with their legislative mandates, existingT " regulations are limited to controlling asbestos in specific media (e.g.. err, water, food), source categories (e.g.. process emissions, waste piles), or population segments {tg. workers). These regulations are riot designed to control the full range of exposure situations. For example, there are over 100 million motor vehicles in the. United Slates today. Since most vehicles use a of Proposed Rulemaking has been published in the Federal Register describing this action {44ERS4878,- - concentrations or after short exposure periods.1* Asbestos is a generic name for a- - , . set of asbestos-containing brakelinings every 3 or 4 years, a considerable amount of asbestos-containing material September 20.1979}. Other.existing variety of naturally-occurring fibrous ..-. - is released* to the environment during sources that the Agency may control in mineral silicates (chrysolite, amosiie, use and maintenance. Yet not Federal the future include public buildings crocidolite. anthophyllite, tremolite, and regulation addresses the problem of where asbestos was used as an actinolite). For many years asbestos has asbestos build-up in the biosphere from insulation or decorative material and provided reliable protection against . this and many other sources. merchant ships where asbestos is.. widely used as insulation. * -- In support of the investigation -of asbestos products and uses, UPA expects to issue a reporting role under section 8(a) of TSCA to gather-economic and exposure information. The Agency also anticipates issuing a rule under section 8(d) of TSCA to require the submittal of unpublished health and -' safety studies relating to asbestos. - Finally, EPA will consider the need for damage from heat fire, and rot and has served many other valuable.functions. The high tensile strength, flexibility, and heat and chemical resistance of asbestos fibers make them adaptable to a huge number of uses. Although ... accurate figures on the number of . asbestos-containing products are not available, some 2.000 to 3,000 discrete products are estimated to contain the material. Asbestos Use has been increasing Even within their regulatoiy purviews. Federal and state authorities are constrained in establishing adequate asbestos exposure controls. Because of their limited focus, these authorities only weigh partial risks (e.g. occupational exposure) against total societal benefits of asbestos-containing products and uses. The limitations of available fiber measunnent techniques also constrain the range of feasible control options. supplementary regulation under other steadily. Since the beginning of this Approach to Regulation of Asbestos Federal laws administered by EPA and other Federal agencies.-- EPA solicits comments on this Notice. These comments will be -considered during development of any proposed regulations. ` -i. . . century, approximately 30 million tons of asbestos have been used in the United States with the total increasing annually by about 75a000 tons (average annual use over the past ten years). * Much of this asbestos is still in the biosphere because asbestos fibers-are' Under TSCA The Agency believes that TSCA provides an effective means of controlling the proliferation of asbestos use in the United States and of reducing the health risks associated with-the date: All comments must be received by - highly indestructible and quite mobile, _ ; existing accumulation of asbestos in the the RecordClerk by DecemberT7,1979. moving from land and water to air.:.! environment Under the compreshensive address: Mrs. )oni T. Repasch, Record through normal physical processes. *' Jurisdiction of TSCA. EPA has authority Clerk. Office of Toxic Substances (T5- Exposure sources include mines, mills, to weigh overall risks presented by the 793). U.S. Environmental Protection . processing facilities, products, disposal entire asbestos life cycle, from mining to Agency. 401M Street S.W., sites and the ambient environment With final disposaL For example. EPA can Washington. D.C. 20460. long latency periods between exposure control any chemical manufacturing, Comments should include the docket number OTS-61005. Comments received on this Notice will be available for - viewing and copying from 9a.ml to -4:30 and evidence of disease, we probably . have not yet felt the total impact of asbestos-related disease incidence due to the growing presence of asbestos in the biosphere. processing, distribution in commerce, use, or disposal activity, or any combination of these activities found to pose an unreasonable risk to health and the environment EPA is planning to use p.m- Monday throughTriday, excluding Approximately twenty Federal ? TSCA's unique authority in this -holidays, in Room -447 East Tower, EPA regulations under various laws regulate rulemaking to assess whether exposure Headquarters, 401M Street, ' to asbestos throughout its life cycle Washington, D.C '- '* " : , BogoviiU.P.tL(eds.V The BiologicalEffects presents an unreasonable risk to human FOR FURTHER INFORMATION CONTACT: Industry Assistance Office, Office of Toxic Substances (TS-799), ofAsbestos. Pmccadangt of froriong confcruce held at the lotoroatiootl Agency for ReMtrch oo Cancer, Lyon, France 2-0 October 1972. pages 15&192. health. Where the presence of risk is determined, EPA will consider developing regulations under TSCA and Environmental Protection.Agency, 401M * Levin. R.J. (ed.f. Atbestom An Information other laws which the Agency Street S.W., Washington, D.C 20480, Phone: 800-424-9065, [In Washington, D.C. call 554-1404J. Reeoarce. DREW Publication No. ININ] 70-1681. May 1S7& page 24. * US. Environmental Protection Agency.Chemical Market Input/Output Anafytis of SelectedChemicalSebstancet to Ataev# Scurvet of Environmental Contamination: Tank HI Asbestb*. ` administers. The development of *U9. Environment!! Protection Agency. Federal ReguterChatian*Pertaining to the Regulation of Aebeetos. In-Houte Report April 1878. Washington, D.C- 1976. --i.ne- -flUs jBtedita.fetauitoril5.iMM C 003236 Federal Register / Vol. 44, No. 202 / Wednesday, October 17, 1979, Proposed Rules 60063 regulations under TSCA and other authorities will be integrated to promote adequate health protection and minimize impacts on industry. The Agency anticipates that most asbestos regulatory action will be taken under section 6(a) of TSCA, although section 5(a) might also be used where appropriate. Among other things, section 8(a) enables the Agency to restrict ., chemical processing, limit quantities that can be used, require appropriate' labels, and mandate recordkeeping. Section 5(a) enables the Agency to require that manufacturers submit premanufacturing notification for significant new uses of a chemical. Before promulgating a rule under section 6(a) of TSCA, the Administrator must determine tkiat the substance in question presents an unreasonable risk to human health and the environment The Agency can then develop rules to reduce or prevent the risk using the least burdensome requirements. To accomplish this end in the case of asbestos, TSCA requires that the following areas be examined and documented: (1) The seriousness of health effects associated with identified levels and durations of human exposure to asbestos; (2) The benefits of various uses of asbestos and the availability of practical substitutes for these uses; and (3) The reasonably ascertainable economic impacts of the rules on the national economy, small business, technological innovation, the environment, and public health. The following sections discuss the method the Agency plans to use in carrying out these studies. . Risk Assessment EPA is examining the total risk to human health from exposures to asbestos throughout the material's commercial life cycle (i.e., from mining and milling, through fabrication into products, to final use and ultimate disposal). The Agency is preparing an assessment of occupational and general population risks from both new and existing exposure sources. The investigation will be based principally on available data concerning asbestosrelated health effects and potential exposure situations. EPA believes that it already has much data to support rulemaking under TSCA. However, to insure that all relevant information is considered, the Agency expects to propose a reporting rule under section 8(d) of TSCA. The rule will require submission to the Agency of any unpublished health and safety studies on asbestos. In examining asbestos health effects, to remedy the problems associated with EPA is relying heavily on the extensive a product-by-product approach. ' epidemiological studies conducted Some technical problems remain in primarily in occupational settings. The results of animal studies are being used to supplement epidemiolgic data. For example, data from animal studies are being used to assess the biological activity of fibers which differ in size, shape, or chemical composition. These studies, when combined with known and potential exposure situations, will show the seriousness of health effects associated with identified routes, levels, and durations of human exposure to asbestos. The linear nonthreshold model is being used to provide quantitative estimates of cancer risk in accordance making comparisons among the - - concentrations of asbestos that were measured by different sampling and' analytical techniques. In particular, .a comparison of work place levels measured with the light microscope to ambient urban levels measured with the more sensitive electron microscope would be helpful in estimating some components of asbestos risk. The Agency welcomes comments on the appropriate conversion factors to use when making comparisons of both types of data, and on the implications for estimating risk. --. c: - - with EPA Interim Guidelines for ' Socioeconomic and Substitute Carcinogen Risk Assessment (41FR Assessment 21402, May 25,1976) and the Interagency Regulatory Liaison Group's Guidance (44 FR 39858-39879, July 6.1979) on the subject EPA particularly requests comment with respect to the analysis it intends to perform on the health risks of asbestos. Ideally, EPA would examine health risks If EPA's life cycle risk assessment concludes that substantial human health risk is assocdated with general exposure to asbestos, then jthe Agency will examine the situation for the presence of "unreasonable''' risk on the basis of the availability of reasonable substitutes. Unreasonable risk may be presented throughout the commercial analyzed on the basis of the present or life cycle of asbestos associatedwith . future availability of reasonable particular end products then analyze the substitutes on a product or category substitutes for each of the end use specific basis, or may be analyzed by a products to determine if the risks more general, representative presented are unreasonable. Asbestos, socioeconomic evaluation of proposed however, is contained in so many asbestos controls. The Agency's choice products that it would be an of economic analysis will depend on the impracticable, if not impossible, task to analyze the risks associated with each of the 2,000-3,000 uses, except for choice of regulatory option* which are explained below in the section titled "Regulatory Control Options." A certain distinct products which may combination of the two types of - present unique exposure situations. economic analyses is also being Furthermore, it is not clear that it is considered. The Agency will develop technically possible to trace the life least burdensome controls to reduce cycle risks for a particular product since . these risks after consideration of at the early stages, such as mining and _ probable socioeconomic impacts... milling, asbestos it undifferentiated and The analysis of substitutes will may be used in any number of different address the following issues: (1) the end products. . basic need for the product in the Accordingly, EPA intends to analyze as a whole all the health risks' associated with asbestos. The.Agency's risk assessment Will document major risks that occur within stages of the asbestos life cycle. Individual situations will be described that illustrate these stages. For certain situations, such as in some of the well studied asbestos ' marketplace; (2) the performance capabilities of substitutes: (3) the present and anticipated availability of substitutes; (4) the cost of substitutes: and (5) the health and environmental hazards associated with substitutes. The evaluation of hazards from substitutes generally will be limited to a qualitative analysis. The economic analysis will include an economic profile of the workplaces, more precise estimates will industry and an examination of the be possible than in other situations. This potential impacts of any proposed type of risk assessment would show that controls. Key factors to be examined risks occur generally from exposure to include: (1) industry structure and asbestos, rather than from any concentration; (2) pricing; (3) production particular product because of the. volume; (4) current employment: (5) characteristics of that product. energy consumption: (8) income EPA requests comment on the general distribution; (7) growth, profitability, validity of its risk assessment approach, and capital availability, and (8) market and solicits suggestions for alternatives segmentation. c 003237 60064 Federal Register / Vol. 44. No. 202 / Wednesday. October 17, 1979 / Proposed Rules MM--ggg--anamsm--w--------------------........ .... in------ Regulatory Control Options The Agency is considering the following regulatory approaches to prevent and reduoe unreasonable health risks at all stages of the asbestos life cycle. First, the Agency might promulgate prohibitions on the manufacture, processing, and use of specific asbestoscontaining products or product categories. The products or categories to be controlled would be determined on the basis of a category or product specific analysis of socioeconomic factors. Possible controls might include banning the manufacture and use of asbestos-containing textiles, roofing paper, or brake linings. One disadvantage ofthis approach stems from asbestos fiber demand which reportedly exceeds current - supplies. If this situation persists, fibers orginally destined for a banned product might .be transferred to increase production of unrestricted products. Such a transfer could offset the . reduction in asbestos-use anticipated under the product use ban. The situation would only change after a large number of asbestos-containing products and uses were banned. Another disadvantage of the specific product restriction approach is that it ' could generate voluminous exemption'- requests. Although well defined exemption criteria could minimize the number of requests, tire demand on EPA resources could be significant Despite these drawbacks, this option should still enable EPA to reduce and prevent many exposures associated with nonessential asbestos products. Under the second approach, EPA could promulgate regulations setting limits on the amount of asbestos mined in the United States and imported annually. Alternatively, the regulation could restrict the amount of asbestos processed annually in the United States. The net risk reduction and prevention from either alternative should be about the same. In selecting between them, EPA would consider such factors as economic impacts and resources " necessary for enforcement. Either alternative within this approach would be supported by a general or representative socioeconomic analysis of the proposed asbestos controls. In essence, the second approach would establish a ceiling on the amount - of asbestos used in the United States. This ceiling could be reduced gradually until it reaches a level which the Agency's socioeconomic analysis indicates is necessary for essential asbestos-containing products and uses. This approach would allow industry to determine which products and uses to eliminate. EPA would still be assured of reduction in asbestos use and - environmental build-up. The.... disadvantage of this approach is that there it no guarantee of eliminating products which present a particularly high risk. For example, if a product with easily released fibers commands a relatively high price, it might remain in fhe marketplace much longer than if it was regulated specifically. - Under the third approach, the Agency might select a combination of the preceding approaches to take maximum advantage of their desirable features. The key differences between the two approaches are (1] whether EPA or industry determines which products are eliminated, and (2) whether specific products or overall quantity ofasbestos fibers are regulated. EPA may prefer to allow industry to determine which products to eliminate and how to allocate available asbestos fibers. In order to provide this opportunity, the Agency may select production/import limits as the primary control option. Depending upon the outcome of socioeconomic and substitute analyses, EPA might reduce the initially established ceiling limit annually by 5 to 20 percent until an appropriate level is reached where all remaining fiber use is essential, in conjunction with the production/import rule, EPA might also ban a few selected products to ensure speedy elimination of items or uses presenting particularly significant risk. Possible candidates for ban include millboard, commercial paper, and certain friction products. All regulations developed by the . Agency under any of these approaches will be designed to minimize adverse . impacts on the asbestos industry and asbestos users. To this and. the development of implementation schedules will allow for reasonable transitions to substitutes and orderly phase-out ofasbestos processing . .equipment ^ ..., Phased Approach ofAnalysis ` The widespread use of asbestos makes evaluating substitutes, assessing economic impact and examining other factors necessary to support regulation a difficult and time consuming process. Therefore, the Agency it conducting regulatory assessments in a systematic manner on all asbestos product categories. The following product categories account for the major portion of asbestos used in 1978: Paper products ' including certain roofing and flooring products, other flooring' products, asbestos-cement pipe, asbestos-cement sheet, friction products, plastics, packing and gaskets, coatings and compounds, insulation and textiles.^ Of these. EPA has selected asbestos paper products and automobile and light truck brake linings as initial candidates for analysis and possible rulemaking. According to various estimates of asbestos use in 1978. paper products account far approximately 20-40 percent of the total asbestos consumption. Much of asbestos paper tooted to make asbestos roofing product*. Because of its versatility, however, asbestos paper has a wide variety of applications. These include asbestos paper, tabes, and tapes for electrical and thermal insulation; diaphragms for brirae electrolysis cells; . corrugated paper sheets and blocks let use in appliances and other applications; underiayments far sheet vinyl flooring; gaskets: beverage filters; molten glass handling equipment; and general heat/fire-proofing components. Many of these uses have reasonable substitutes. For example, roofing felt can also be made with organic and fiberglass fibers at less cost than asbestos fibers. The performance of these materials is very similar to asbestos roofing felt Friction products currently account for about 14 percent of total asbestos consumption. Brake linings constitute the largest single product within the friction product subcategory. Human exposure to asbesfas emissions from brake linings occurs not only during processing (i.e, production of the brake .linings), but also during use and servicing of brakes. Several automobile manufacturers are already using nonasbestos disc brake pads with plans to ultimately convert totally to nonasbestos pads. Nonasbestos shoes for drum brakes have been more difficult to develop but some manufacturers believe that they are near to developing a commercially acceptable substitute. Existing Sources ofAsbestos Exposure Although risk associated with newly processed asbestos may be substantial, the continuing aggregate risk associated with existing and past asbestos use may be equally and possibly more significant Unfortunately, reducing risks from the latter group is more complicated than reducing new risks because of difficulties in identifying all the related exposure sources, the lack of feasible control options for many sources, and the large costs associated with removing and replacing existing * Clifton. R. A. Aibettot-Mineral Commodity Profiles. VS. Department of the Interior. Washington. DC- July 197B. C 003238 <? fe iij Federal Register / Vol. 44. No. 202 / Wednesday. October 17, 1979. / Proposed Rules 60065 products. Some existing asbestos products, however, are amenable to evaluation and control. For example, asbestos has been widely used for insulation in schools and other buildings. In some of these buildings the insulation has deteriorated and fibers are entering the air in the buildings. EPA is currently investigating whether to requite surveys of public schools for > asbestos and appropriate control actions wherever exposure problems are identified. This action was announced in another ANPRM published in the Federal Register on September 20; 1379 (44 FR 54676). Other existing uses of asbestos will be examined where practicable dunng subsequent stages of the asbestos regulatory investigation. Possible candidates include all public buildings and merchant ships. Information Gathering under Section 8(a) of TSCA EPA is developing a section 8(a) rule to help gather information needed for this investigation. The information will be used to determine appropriate regulatory action under TSCA as well as under other laws administered by EPA and other Federal activities. EPA invites comments on the need'for such a rule; who should be subject to. or exempt from reporting; what information should be gathered under this authority;-and how the section 8(a) rule should be designed. Under section 8(a), EPA could require maintenance of records and reporting by persons who mine or mill asbestos, process asbestos (including making asbestos-containing products), and import asbestos or asbestos-containing products. Insofar as the information is known to, or reasonably ascertainable by those persons, the Agency could require reporting of information about any aspect of asbestos manufacture and processing. Possible reporting topics include the composition of asbestoscontaining products, the uses of each product, all existing data concerning environmental and.health effects, the number of individuals exposed in workplaces, and the duration and extent of these exposures, and the maimer and method of asbestos waste or product disposal The section 8(a) rule could be designed in several ways depending, in part on the control strategy selected by the Agency. A single rule might require one-time reporting of information, while a series of rules might require phased reporting by industry segments. Either type of rule could establish different reporting requirements for the various groups or persons (i.e., millers. processors, importers of asbestos) subject to the rule.-A.rule might require immediate submissfon.ofsome information while retaining the authority to request other specified information by letter at a later date. The possible scope of a section 8(a) rule is discussed in. more detail in the issue section below. Citizens Petition by Stanton * 1 * Pott `"and others."- '* * '* "These studies suggest that the length and width of r"' fibers or the ratio of the width to the ` length may be more important than, their chemical composition in determining. carcinogenicity. More specifically,.__ current research findings suggest that' fibers with diameters less than, or equal to 1.5 microns and lengths between 5 Under section 21 of TSCA. a citizen may petition EPA to initiate a and 60 microns are likely to have greater fibrotic and carcinogenic potency than proceeding for the issuance, amendment or repeal ofa rule under various provisions of the Act On June .21,1879, the Agency received such a petition requesting that a proceeding be initiated to restrict future use of asbestos-cement pipe in drinking water supply systems. This request is compatible with the. Agency's plans, as announced in this Notice, to initiate a comprehensive investigation of commercial and industrial asbestos uses including asbestos-cement pipe. fibers falling outside these ranges.' Consequently, we plan to adopt & policy that nonasbestos fibers with physical dimensions within these ranges are nof appropriate substitutes unless ' appropriate testing indicates otherwise. Fibrous or other substitutes which do not present major health risks would be determined to be suitable. EPA solicits comments on this approach. 2. Scope of a Section 8(afRuIe. To develop regulations for asbestos ". ' sources, the Agency must gather and The Administrator's response to the petition notes that the evaluation of health effects information on risks resulting from the ingestion of asbestos is not yet complete. It also states that the Agency has just begun gathering Stanton. M. F. Uynd M. iha carcinogenicity of fibrous minerals.'- Proceedings of the workshop on asbestos: definitions and measurements methods held at NBS. Gaithersburg. Maryland. July 18-20. 1977. National Bureau of Standards Special Publication506.November 1071. . ... >, exposure and socioeconomic information on asbestos-cement products. Thus, it is not EPA's intent to include asbestos-cement pipe as a candidate for initial rulemaking. Nonetheless, because the Agency has initiated investigations to support a decision on whether to regulate asbestos-cement pipe under TSCA, the Administrator granted the petition. Issues Several issues must be resolved Stanton. M. F,**Sorae etiological considerations of fiber carcinogenesis.- In: Bogovski P. Gibson J. G, Timbrel! V. Wagner J. C-eds. Biological effects of asbestos. Lyon: International Agency for Research on Cancer (IARC Scientific Publication number 8). 1973: pegea 289-294. [ 1 Stanton. M. F. Layard M. Tegeris A. MiUec E May M. Kent E "Cercihogencity of fibrous glass: pleural response in the rat is relation to fiber dimension." J. NaL Can. Inst 1977: 55(3). Pott F. Huth F. FriedrickaK. R "Results of animal carcinogenesis studies often applications - regarding human exposure." In: NIOSH symposium on occupational exposure to fibrous glass. University of Maryland. 1974. Natfonil Institute for Occupational Safety and Health. 1977 (DHEW during this asbestos rulemaking process. EPA invites comments on the following issues and any others which might be publication number (NIOSHK78-1S1J. "Pott F. Huth F.friadricks K. H."Tumorender matte mnach ip. injektion von (emahhenem. _ J chrysotil und benzo fa) pyren.". : relevant. " Wagner f. C, Berry C. "Meiotheliomaimrats 1, Health Effects ofSudstitutes. To adequately assess substitutes for asbestos, EPA requests health, following innoculatioo with asbeatoa and other- materials." E J. Can 1969-, 23: pagaa S62-8L. .. u Wagner J. G. Berry G.. Timbre11V. ''Mesotheliomas in rats often tnnoculatod with environmental and socioeconomic asbestos and other materials." B. J. Can 197% 2% information on substitute materials. This pages 173-83. information has two purposes; (1) it will allow an informed analysis of the health " Wagner |. G.Betty G. Timbcall V. "Mesothelioma in rats following the intrapleural Innoculetion of asbeatoa." In: Shapiro Hi A. ed. ... effects of the substitutes for comparison' Pneamocoaoeis. Proceedings of the international with the known hazards of asbestos, and (2) it will enable a balanced consideration of the environmental, economic, and social impact of any conference. Cape Town: Oxford University Past. 1970: pages 216-19. " Wagner J. G. Berry G. Skldmoro 1. W. "Studies of the carcinogenic effects of fiber glass of dif ferent diameters following intrapleural Innocu- action taken by the Agency. ..... - .. letioo in experimental animals." be NIOSH sym We are particularly concerned with materials, such as fibrous glass, that might have physical dimensions and posium on occupational exposure to fibrous slate. University of Maryland. 1974. National Institute for Occupational Safety end Health. 1977. (DHEW publication number (NIOSH) 78-131). characteristics very similar to those of asbestos fibers, but differ only in. chemical composition. EPA is. aware of relevant research, especially the studies " Smith. W. E. Hubert D. D. "The Intrapleural route as a means for estimating carcinogenicity." bu Karbe &, Park J. P,, ads. Experimental Jung cancer. Carcinogenesis and Bioarsays. New York: Springer-Verlog. 1974: pages 92-101. -j. \3 c 003239 60066 Federal Register / Vol. 44. No. 202 / Wednesday, October 17,1979 / Proposed Rules analyze a variety of information guidelines regulating wastewater concerning asbestos. Various PA discharges of asbestos and a water program offices have already quality criterion under the Federal accumulated a considerable amount of Water Pollution Control Act, 33 U.S.C. data through previous studies. These 1251, eLseq^ as amended in1972 and data will be used as much as possible. 1977. EPA is also considering additional However, the Agency anticipates that it regulation of asbestos in drinking water will need additional data for regulatory under the Safe Drinking Water Act, 42 decision-making. The additional data U.S.C. 300f et seq. The Agency may also includes recent production, market, develop regulations for asbestos waste substitute, exposure and health effects 1 management under Subtitle C of the information. The Agency hopes to . Resource Conservation and Recovery . acquire some of this information through Act 42 U.S.C. 6921 to 6931. submittals by industry and other Under section 9 of TSCA, 15 U.S.C. knowledgeable people in response to 2608, the Administrator will consider' this ANPRM. EPA has also specifically whether risks from asbestos exposure contracted for studies to review the could be reduced to a sufficient extent state-of-the-art knowledge and to' by actions taken by other agencies ' develop new environmental and under other Federal laws. The economic data. Insofar as these nonregulatory avenues (e.g., this ANPRM, contractor studies, and other informal information requests) do not provide, or are not. Administrator will also consider whether rules promulgated under other EPA authorities could address the asbestos problems more effectively. To maximize the effectiveness of this - likely to provide sufficient information, proposed rule. EPA is coordinating with the Agency will promulgate a section several agencies both directly and 8(a) rule. The issue at hand regards the through the Interagency Regulatory appropriate scope of the section 8(a) rule. The Agency would like to minimize reporting burdens on industry. To this end, the promulgation of such a rule and its potential content will be influenced by responses to this ANPRM and informal Agency requests and by the need for confidential business Liaison Group (IRLG). These agencies include the Food and Drug Administration, Consumer Product Safety Commission. Department of . Agriculture, Mine Safety and Health Administration, and Occupational Safety and Health Administration. information or other data not likely to be provided on a voluntary basis. Public Participation The Agency plans to conduct this Relationship With Other Federal Laws investigation and rulemaking in - As previously noted, a number of rules for controlling exposure to asbestos have been promulgated under several Federal laws. The Occupational Safety and Health Administration (OSHA) and the mining Safety and Health Administration (MSHA) regulate workplace exposures, the Department of Transportation (DOT) regulates the commercial transport of asbestos, the Food and Drug Administration (FDA) regulates the use of asbestos by the food and drug industries, and the Consumer Product Safety Commission (CPSC) regulates consumer products'containing asbestos.; EPA has established National Emission Standards for Hazardous Air Pollutants (NESHAP) for several asbestos sources under the Clean Air Act 42 U.S.C. 7401 et seq., and-is considering additional asbestos air emission standards. EPA is developing effluent compliance with the public participation section of the FR Notice entitled "EPA; Improving Regulation; Final Report Implementing E.0.12044" (44 FR 30988, May 29,1979). Before and after publication of any notice of proposed or final rulemaking in the Federal Register, EPA will identify and meet with public interest groups, industry, regional. State, and local governments and other interested groups to obtain their views on regulatory needs, the Agency's approach, and technical issues. Information exchange will be facilitated through various public participation mechanisms, including public meetings and public hearings at appropriate locations around the country. . A financial compensation program for public participation will be available to applicants meeting eligibility criteria. The funds may be used for die cost incurred in commenting op proposed rules after publication. A Notice of " These standards included certain work prac Availability of Grant Funds will be tice requirement* which the United State* Supreme published in the Federal Register Court in Adorno r. Train. B8 St Ct 306 (1978), announcing the financial compensation found to be invalid. The Clean Air Act we* amended by Congree* In 1977 and 1978 to provide EPA with the authority to prescribe and enforce work practice standards. These asbestos standard* are program, eligibility criteria, level of funding, and the procedures for applying for reimbursement - being promulgated again by EPA. Public Record EPA has established a public record for this Tulemaking (docket number OTS 81005) which, along with a complete ' index, is available for inspection in the OTS Reading Room from 9:00 a.m. to 4:30 p.m. on working days (Room 477, East Tower, 401M Street S.W,, Washington, D.C, 20460). This record includes basic information considered by the Agency in developing this ANPRM. The Agency Will supplement the record with additional information as it is received Materials for incorporation in the public record include: 1. This Notice.. . 2. All comments on this Advance Notice and the proposed rule. 3. All relevant support documents and studies (including economic analyses performed for the purpose of defining small business as prescribed by section 8(a)(3)). _ 4. Records of all communications between EPA personnel and persons outside the Agency pertaining to the development of this rule. (This does not include any inter- or intra-agency memoranda unless specifically noted in the index of the rulemaking record). 5. Minutes, summaries, or transcripts of any public meetings held to develop this rule. EPA will identify the completed rulemaking record on or before the date of promulgation of the regulation, as prescribed by section 19(a)(3) of TSCA. and will accept additional material, for inclusion in the record at any time between this Notice and such designation. The final rule v&ill also permit persons to point out any errors or omissions in the record.. Questions and Information Needs To assist the Agency in gathering information for regulatory decision making, EPA invites comments on, and responses to, the questions and information requests that are listedrhere or are discussed elsewhere in this Notice.* 1. The Agency solicits suggestions relating to the definition of several key terms identified below as well as other terms members of the public consider Important to regulatory decision-making. * CSPC in an Advance Notice of Proposed Rulemaking appearing elsewhere In this issue of the Federal Registers announces a program to Investigate the use of asbestos in consumer products. As part of this investigation. CPSC will solicit information through a variety of voluntary and regulatory means. To reduce potential reporting burdens on industry. CPSC wiJJ take into account response to EPA's questions when tailoring thr Commission's requests for information on the use of asbestos in consumer products. f if ft p C 003240 El Federal1 Register-/ Vol. 44. No. 202 / Wednesday, October 17; 1973;~ f Proposed Rules 60067 To the extent possible the Agency - would like our definitions to conform to generally accepted usage. The terms to - be defined include: (1) asbestos^J[2) ; encapsulated fibers, (3} locked-fibers, (4) easily released fibers, and (5J friable . materials. 2. The Agency is requesting all - unpublished data or estimates relating to human exposure and to' human health risks from exposure to asbestos during mining, manufacturing, processing, use. and disposal for all asbestos products including the following product categories: (a) Asbestos paper, including roofing and floor underlayments; (b) Friction products; ' (c) Asbestos cement sheet; (d) Asbestos cement pipe; (e) Textiles; (f) Flooring; , (g) Gaskets and packings; (h) Paints, coatings and sealants; (i) Asbestos-reinforced plastics. The information submittals should include data on exposure of both workers and people near mining, manufacturing and processing facilities. Where data might be extensive, covering several years, many work stations or many sampling points, summaries which include appropriate . statistical analysis would be sufficient Data of interest include present and future estimates of: (a) The number of people exposed; (b) The routes, duration and frequency of exposure; (c) The intensity of exposure (fiber concentration preferred); (d) Fiber size distributions; (e) Fiber types; (f) Relative and attributable risk estimates for all cancers of specific organs and nonneoplastic respiratory - diseases; (gfVariations in risk by age, sex. smoking status, duration and intensity of exposure, fiber types, and time from onset of exposure; and (h) Technical controls currently used to monitor and control exposures to asbestos at the plant site. 3. Based on preliminary information, a list of asbestos-containing commercial and industrial product categories is presented in the Appendix to this Notice. The extent of human exposure to asbestos fibers from these products depends on many factors including the releasability of the fibers, the duration of the exposures, and. the size of the population exposed throughout various - parts of the life cycle of asbestos in the" product. Products which release asbestos fibers during normal use, installation, maintenance, removal, or plausible mishandling are of particular concern during the use segment of the life cycle. Categories containing containing products. Manufacturers,of-, products which EPA believes may fall substitutes are-particularly encouraged into this classification are noted with an to submit information. asterisk in the Appendix. Identification (a) What substitute: substances are- .. of these products was based not upon ' presently available or currently under ;i. testing but upon generally available development for asbestos in paper-'1 ---f- information. The Agency is interested in products (including roofing felts and .. determining the necessity of using ' floor underlayments), friction products, asbestos in these products. The Agency flooring, plastics, cement,sealants and requests the following information on other commercial and industrial,, these products and other asbestos- products?- . . containing products.. . (b) What substitute products are.. ..i _ (a) Do these products contain presently available or currently undea .. asbestos? development for asbestos-containing (b) What is the purpose of asbestos in products in the categories described..;'... the product; what is the asbestos above? . 'iwswfiaitAafe content by percentof total composition; (c) What are the performance. ^ and weight; and what is the asbestos - characteristics of thesejubstitixto. W' - fiber type, size and shape?' substances and products as compared to (c) What are the figures for annual asbestos-containing products? - . production and sales of the product, and (d> What unpublished data.are' !`'r~ ' the annual amounts of asbestos used in available regarding human.exposure to, each product? - . . . . ;, and health effects of substitutes for (d) What is the value of the product asbestos-containing products? and the cost of the asbestos used in that (e) What is the price differential T product? . t between asbestos or asbestos- - (e) What exposures are expected containing products and their ' during the manufacture of the asbestos- . substitutes? containing product; and what are the (f) How long will it take to convert to' expected exposures associated with..... production and use of alternatives? each use? (Rate of fiber release. Please'comment on a product-specific or frequency, duration, population product category-specific basis.- -"- exposed, and conditions of use.) (f) What point source and non-point, (g) To what extent can present makers of asbestos-containing products- change source discharges of asbestos to water to substitute materials? Can this. . are associated with the processing of conversion be accomplished using asbestos fibers, manufacture and use of asbestos-containing products (e.g., existing asbestos production facilities?' What will the cost of the changeover be quantity, concentration)? in terms of capital and operating costs? (g) What amounts and types of asbestos-containing wastes are . _ generated in connecton with manufacture of the product; and what. methods and sites of storage, treatment and disposal are currently used, for ' those wastes? (h) What are the product life, and expected removal and disposal techniques for each use? What type of (h) If existing facilities cannot be used once substitutes replace asbestos, will new facilities be built by existing asbestos processing companies, by other companies, or by some combinatioikof these? . (i) What effects might regulation of asbestos have on industrial innovationand introduction of new products? . disposal sites are used? ' . 6. What categories or individual . 4. The Agency is requesting the ` products and uses containing asbestos following information regarding the ~ - do not present a health hazard.to users? industry structure. Why? - ---- - - - (a) What are the current trends in the. . 7. What asbestos-containing use of asbestos and asbestos-containing- individual products or categories might products? be considered essential because of '' (b) Is the market stable? . : - significant benefits and/or lack of (c) What size and type of industryts- reasonable substitutes? What are the' most likely to be affected by reguiation- specific benefits and costs and how of asbestos under TSCA? should they be weighed? (d) What effects on industry structure 8. Is the state-of-the-art for asbestos . would be anticipated from regulation'.' - identification and quantification (phase under TSCA? contrast or electron microscopy) (e) What effects on employment can analytically adequate and economically be anticipated from asbestos regulation feasible to establish numerical- - - under TSCA? ' - " 5. The Agency is requesting the following information regarding..., * standards for fiber release and exposure resulting from the production of . asbestos-containing products, their use substitutes for asbestos and asbestos- and disposal? Can airborne fiber levels c 003241 4 60068 ' - ' " Tederal Register / Vol. 44, No. 202 / Wednesday, October 17,1979 / Proposed Rules ------^.jii. ...i ------MWi i iT -^| be measured at 10afibers/m*, 10' fibers/ 11. Helmets *: ma. 10* fibers/m*. or 10afibers/ma. and can waterborne fiber levels be measured at 10* fibers/liter, 104 fibers/liter. 10* fibers/liter, 10* fibers/liter or Iff* fibers/ liter? Should the level be expressed as total fibers or as fibers greater than a specified length or aspect ratio? Are 12. Hoods * 13.Mittens* . 14. Overgaiters * 15. Sleeves* 16. Suits * 17. Umbrellas'* ' D. Recreational Activity . '' . other parameters more appropriate (e.g,, 1. Aerial distress flares * . total mass release, etc.)? 2. Ammunition shell wadding * 9.' What unpublished data are. ; 3. Catalytic heater mantles *. 4. Tent gromets * available regarding ambient levels or 5. TV sets and projector equipment * . ' asbestos in air and water and asbestos .. exposure from various noncommercial E. Home Building Repairs asbestos sources such as drinking water supplies and naturally occurring . 1. Latex paints * 2. Texture paints * ... asbestiform rock? F. CommercialApplication* ..;.: 10. EPA and CPSC intend to share information received in support of their respective asbestos regulatory investigations. However, in view of potential statutory conflict regarding treatment of confidential business information, how should the agencies 1. Aluminized cloth * 2 Bags * , 3. Bearings * ;, : 4. Belting * 5.Blocks*.. - 6. Boards * 7. Braid * 8. Buffing and polishing compounds * treat data for which a company claims 9. Cloth * confidentiality? 10. Cord * Authority: Secs. 5and 6 of the Toxic 11. Diaphragms * 12 Drier felt * - Substances Control Act (TSCA) (90 slat. 2003; 13. Drilling fluids * 15 U.S.C. 2801). , , ' .. . .. . 14. Fabrics * ;. , . Dated: October Id J979... 15. Felt* ..... . . DouglasM.Cottle, ; 16. Filtering materials *. . . . Administrator.. .i. ; ` APPENDIX j ;, 17. Metallic doth * _ " 18. Millboard * ' 19. Paper * ' ' A. Automotive Repair 1. Mufflers * . .. .` 2. Brake linings * '' , 3. Clutch facings * ` -- 4. Custom auto body filler * ' ' - ' 5. Metal deadener * B. household Materials 20. Pipe and boiler covers * 21. Pottery clay * 22 Plywood patch * 23. Sheet flooring * 24. Table tops * 25. Tape * 28. Textiles* 27. Welding electrodes * 1. Appliance wiring * 2 Counter surfaces'*: 3. Electrical cord *' . ' : . 4. Filler for shoe soles * . . r v 5. Floor tile *' 8. Hair dryers * 7. Heat protective mats *1 . ` 8. Ironingboard pads and covers * . 8. Lamp mantles :* .v * -\ . 10. Lamp sockets J >- \. ,. . . ll.Potters' kilns,*''-; ., - jvs . 12; Slow cookers.*". ' 13. Toasters *;; j,v ., C. Safety.Equipment.- . 1. Apronsr* .l 2 Arm protectors ? - v .i_- 3. Blankets * .; ' .. / 7 4. Boots * . 5. Caps * ' ' , . ' . 6. Clothing * - ! 'i 7.Curtains*' * "'' 6. Draperies * *' ! ; 9.'Cloves * ' ' 10. Hats * : i . : G. Asbestos Cement Products 1. A/C air duct * 2 A/C pipe-* 3. A/C sheet * ' 4. Baking sheets * 5. Cement boards * 8. Clapboard* 7.Roofing* ` 2 Shingles* ' ' 9. Siding* - - - : 10.Tile*... ^ . .. --- : v' r.'i . - `* -. R MoldedProducts -3 ;; 1. Gun grips _ -- ' ?' ir ' 2 Filler and felnfOrceinenHh plastic * ; 3. Pond liners ,. 4. Phenolic laminates '*. 5. Resins - 2 Rheostat backing L Roofing Materials : < . 1. Aluminum roof coating 2 Roof patch 3. Roofing fehs * ' 4. Roof preservative * Indicates that products within the category . potentially contain easily releasable fibers. Note.---Not all of the products in each identified eategoiy are believed to contain asbestos; ). Sealants andMastics for Consumer and Commercial Use 1. A/C pipe joint sealant ' . 2 Adhesives 2 Caulking compounds and putty * 4. Fumance cement 5. Glazing compound 2 Radiator sealant 7. Varnish * tnt Doe. 7*4203* Filed 10-1S4S: H5 ] aauNO coot ucvot-u C 003242 F IN Oi to die Fe 20 20 20. 31 21 20: i. 1 Co i'. rb Pre r Put Oth FEt