Document 2JRw7ngGZ1NJzn6kQww0BeQRr
Federal Register / Vol. 51, No. 119 / Friday, June 20, 1986 / Rules and Regulations
22679
witnesses. OSHA has concluded that
These studiesexamined the effect of
exposure to all forms of tremolite,
chemically modified asbestos should be intrapleural injections of a number of
anthophyllite and actinolite should be
regulated In the same manner as
minerals including asbestiform and
regulated under, this standard.
unmodified asbestos. To make this
nonasbestiform tremolite. In these
The Agency recognizes that the
intent clear, the phrase "and any of
studies, sample's of asbestiform
minerals tremolite! actinolite and
these minerals that has been chemically tremolite and a sample of
anthophyllite exist in different forms.
treated and/or altered" has been added nonasbestiform tremolite induced tumor Further, the Agency has concluded that
to the definition of asbestos.
formation in hamsters while other
all forms of these minerals should
OSHA currently regulates all forms of samples of nonasbestiform tremolite did continue to be regulated for the reasons
tremolite, actinolife, and anthophyllite riot (Ex. 84-194).
stated above. Therefore. OSHA is
as asbestos. Some commenters, most
In addition to the experimental animal amending the definition of asbestos in
notably representatives of the R.T.
studies, much of the support to eliminate recognition that different mineral forms
x.
Vanderbilt Company, have strongly
some forms of tremolite, actinolite, and exist and adding a definition for
encouraged QSHA to revise its
anthophyllite from the definition of
tremolite, anthophyllite and actinolite to
definition of asbestos to make it
asbestos has focused on epidemiological make it clear that all of the mineral
mineralogically correct. They have
studies of exposed workers. Particular
forms come under the scope of the
encouraged the Agency to amend the
attention has been paid to two
standard.
definition to make it clear that only the prospective mortality studies at a New
"asbestiform" varieties of tremolite, '
York state talc mine and mill. The
Action Level
&
anthophyllite, and actinolite are considered to be asbestos (Ex. 337). The
Agency raised this issue in the April proposal.
A number of commenters supported the addition of the term "asbestiform" (Ex. 90-3; 90-143; 90-180) or the term "fibrous" (Ex. 90-37; 117A) to the
definition. Some urged OSHA to adopt the definition of another governmental Agency (Ex. 90-143; 90-181; 90-107) or to adopt a mineralogical definition (Ex. 9037; 90-162; 90-179; 230 p. 13).
The modification of the definition to read tremolite asbestos, anthophyllite asbestos, and actinolite asbestos would
eliminate other forms of tremolite, anthophyllite and actinolite from the definition of asbestos. OSHA has
regulated all of these minerals as asbestos.since 1972. The elimination of
these minerals from the scope of the standard could only be justified by evidence that exposure to these
November proposal discussed both studies in great detail.
Briefly, the NIOSH investigators (Brown, Dement and Wagoner Ex. 8425) concluded that there were significant
excesses of lung cancer mortality and of mortality due to nonmalignant respiratory disease. In the opinion of the investigators, this increase could not be accounted for by smoking history alone. They also reported that asbestos was present in the mine and mill. Stille and Tabershaw, studying a larger cohort employed at the same facility,
concluded that the lung cancer excess observed was not statistically significant and was "consistent with a
smoking effect" (Ex. 84-198). A number of reports, analyses, and letters to the editor that discussed the strengths and shortcomings of the two studies were placed in the record and were discussed in the November proposal (Exs. 84-217; 84-218; 84-231; 84-257; 84-375.306, 337).
In the final standard the action level
has been set at.0.1 f/cc which triggers the monitoring, medical, and employee information and training requirements. This level is consistent with the trigger currently applied to the medical surveillance provision of the asbestos standard, so it represents no real change to the standard with regard to this provision, but merely clarifies OSHA's policy. This provision is also consistent with other OSHA health standards
which trigger monitoring, medical, and training requirements at the action level
(e.g., arsenic, 1910.1018; lead, 1910.1025; acrylonitrile. 1910.1045; and ethylene oxide 1910.i047). Regulated areas,
hygiene facilities, and protective clothing are triggered at the PEL, consistent with past OSHA rulemaking.
[See, for example, inorganic arsenic, 1910.1018).
Representatives of industry, labor and
minerals would not present a health
(For a detailed discussion see 48 FR
government endorsed the action level
hazard to exposed workers. Therefore, 51117-51120.)
concept. Many participants suggested
in its deliberations, OSHA examined the Several other authors have
that a 0.1 f/cc action level should be
data in the record to determine whether investigated the mortality and morbidity maintained as an appropriate level for
or not there is evidence that workers
associated with anthophyllite and
. the implementation of medical
exposed to these minerals are at risk for tremolite exposures. Studies by
surveillance [Exs. 86-4, 80-49,90-163,
adverse health effects.
' Kleinfeld et al (Ex. 84-181). Kiviliioto et 90-174,90-180,158D. 328]. Some
Both Dr. Me8rl Stanton and Dr.
at. (Ex. 84-181). Gambje elal. (Ex. 84-
commenters were of the opinion that the
William Smith have investigated the
181) and others were discussed in the
O.i level should triggerimplemenlation
' carcinogenicity of termolite in
' November proposal. In general, these
of other provisions'as well, such as.
experimental.animals.Dr. Stanton's
studies have found ah excess mortality training [Exs. 88-4, 90-49,90-183, 90-
experiments (Ex. 84-195) demonstrated and/or morbidity associated with
174,90-180.158D. 328]. Some
that tremolite asbestos is highly
exposures to these minerals.
commenters were of the opinion that the
carcinogenic when implanted in the
OSHA has examined the data in the 0.1 level should trigger implementation
pleurae of rats. He also tested two
record that addresses the relationship
of other provisions as well, such as
samples Of talc that did not induce
between the health of workers and
training [Exs. 88-4, 292, 328), regulated
tumors! These two samples were
exposure to tremolite, actinolite and
areas [Exs. 66-4, 90-49, 292], monitoring
certified by Dr. Ann Wylie (Ex. 337 Alt anthophyllite. There is epidemiological (86-4, 292, 328], hygiene facilities and
2) to be tremolitic talcs which "usually evidence in the record that shows that protective clothing requirements [Exs.
contain approximately 30-50%
tremolite exposed workers are at risk
88-4, 292]. Other industry spokespersons
nonasbestiform tremolite by weight, and for both death and disease. The results*- believed that the action level was overly
small quantities of nonasbestiform
in experimental animals indicate that
burdensome, stating their opinion that if
anthophyllite and fibrous talc" (Ex. 337 under test conditions that some samples the permissible exposure Ievel were a
Att 2). Dr. William Smith also conducted of nonasbestiform tremolite induce
level that adequately protects workers,
a series of experimental carcinogenicity tumor formation while others do not.
no action level should be required [Exs.
studies in hamsters iEx. 84-194; 306).
Therefore, OSHA concludes that
90-138, 90-166. 90^168].
GLEASON-000927