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FILE NAME Kelly Moore KM DATE 1976 DOC KM030 DOCUMENT DESCRIPTION Natural Resources Defense Council Petition to the Consumer Product Safety Commission with AIA Notes ee emma memes eS . = . 7% . . oe . , . . --: 7 . . Natural Resources Defense Council Inc. a , 917 15TH STREET N.W. BOARD OF TRUSTEES Cheisman Stephen P. Duppsa Duppsa Duppsa James James Marthall L'ier Chsiem WASHINGTON D.C. 20005 ; 202 737-5000 - ; . . . : oot . July July 15 , 1976 1976 New York Ofter 15 WEST T STREET , NEW YORE N.V. 19966 212 212 869-0130 869-0130 Western Office F. Abishairin : "pe. liam 3412 Lanis Auchindless Rosis to Fittats Femieriet A. Calline 31 Br Kene J. Uulum + . Jannes 1. kronkel Robert W Gilmore ~ kaile Jackson 1.D.T_ thamilan Ken 15s Joitsuka Ludesberg Antony Starschi F_ 1 N. k y js . Michael Milnwh Glam Humes Nation Owen Olpin E. Stamblin Parker Jor Qizilored F. Pinchot Charles D. Kangel Kolar~- KollarKo~l-lar~- Juhu Kubinush F. Lansante Butteletler Whitney Willard Willard Srumevels . North Separour David Sive Beseite Albert Dappan VN.Requesentative VN.Requesentative VN.Requesentative John 11. Ailams Executive Director ; . . . , . : : . . KALO ALTU BALIK DISU DISU cE 527-1080 415 ; 415 527-1080 . ok oe ee oa ws uw . . -_ . : . _ ? . Byington S. John Byington . Chairman Chairman Safety Consumer Product Safety H. 1750 K Street K. Washington D. C. . . Dear Chairman Byington Byington Byington Commission Commission 20036 ole Sas * yt . Recent scientific studies show that consumers of drywall e patching compounds containing asbestos are exposed to a substantial rick studies quantities of asbestos of cancer These fibers in in the air after patching compounds compounds containing asbestos varo rooms inhaled risks fatal close by consumers exposing them to a substantial increase in the of lung cancer and mesothelioma Mesothelioma is an always malignancy of the pleura and peritoneum membranes which en- the lungs and abdomen Brief exposures to asbestos fibers_sych fibers_sych as those experienced by consumers patching compounds shown subst inca rean se t theiria sk ol f cl ancy er This evidence is summarized in the attached petition which asks the Consumer Product Safety Commission to protect the public health by issuing an order declaring patching compounds containing asbestos to be banned hazardous substances thus prohibiting their interstate sale and requiring their repurchase by the manufacturer Hundreds of other consumer products including fake fireplace ash and papier mache contain asbestos which may be released into the air exposing consumers to increased risks of cancer We request the | e Dba te FD oe yede ct tepire aa a ~ ASBESTOS INFORMATION ASSOCIATION / North America 402 1835 K Street W. Suite Washington D. C. 20006 | PLAINTIFF'S : EXHIBIT yf ... ...... ... mower: ... fi fifi fl 2 rt KM 01118 S. John Byington Page 2 July 15 1976 Commission in cooperation with the Federal Trade Commission to examine these other products for asbestos content and declare those products which present a significant health risk to be banned hazardous substances ss . We urge the Commission to take action on this petition and request as expeditiously as possible Thank you very much for your attention Sincerely Ruby I. Compton . , Attachment . . . UF ... ... ... KM BB 5429 1 UNITED STATES OF AMERICA BEFORE THE . CONSUMER PRODUCT SAFETY COMMISSION . Petition of Natural Resources Defense Council Inc. and the Consumers Union of U.S.A. Inc. for the Promulgation of Rule Declaring Certain Patching Compounds To Be Banned Hazardous tv Substances . Comic : mee . .. I. Summary mo oN ae 3 . Oe Pe , ym ENE TESse s order TL.This petition requests this Commission to issue an a , which declares consumer patching compounds 2 containing . asbestos - to be banned hazardous substances 2. This petition summarizes scientific evidence that continued use of patching compounds containing asbestos will expose many persons to the risk of substantial illness This evidence indicates that continued use of these products will resul in the inhalation of asbestos fibers by consumers which will result in a significantly higher lung cancer and mesothelioma incidence of . cancer including , 3 This petition demonstrtaht atenso cautionary label would adequately protect the public from the risk of illness associated with patching compounds containing asbestos This petition therefore requests that this Commission exercise its power to declare patching compounds containing asbestos to be banned hazardous substances II Jurisdiction _ 4 This petition is filed pursuant to of the Federal Hazardous Substances Act hereinafter the Act 15 U.S.C. m7] 1261 v a . Se 1 Consumer patching compounds include taping spackling , and joint sealing compounds : - - ACS es, / Asbestos is a generic term used to naturally occurring fibrous hydrated describe a number mineral silicates of arwe including ow chrysotile amosito crocidolite tremolito anthophyllite and a actinolite The forms of asbestos contained in chrysotile are chrysotile tremolite tremolite and and aanthophnyllite thaonthophylplite ahnthopyhyllitle alnthophyllitie te patching compounds me vt = seamen nem ee cr KM BB 5430 -2 - 1974 which provides in relevant part g The term banned hazardous sub- stance means . B any hazardous substance intended or packaged in a form suitable for use in the household which | the Secretary by regulation classifies as a banned hazardous substance on the basis of a finding that notwithstanding such cautionary labeling as is or may be required . under this chapter for that substance the degree or nature of the hazard involved in the presence or use of such substance in households is such that the objective of the protection of the public health and safety can be adequately served only by keeping - such substance when so intended or out out of of tthhee channels of interstate packaged commerce amendment 2 Proceedings for the issuance regulations or repeal of regulations pursuant to clause B of paragraph of this subsection shall be governed by the provisions of sections 371 e f and g of Title 21 Provided That ' if the Secretary finds that the distribution for household use of the hazardous substance involved presents an imminent hazard to the public health he may by order published in the Federal Register give notice of such finding and thereupon such substance when intended or offered for household use or when so packaged as to be suitable for such use shall deemed to be a banned hazardous substance pending the completion of proceedings relating to the issuance of such regulations ome Authority under the Federal Hazardous Substances Act is vested se by in the Consumer Product Safety Commission $ 30 of seve the Consumer Product Safety Act 15 U.S.C. 2079 1974 which -tes provides a The functions of the Secretary of Health Education and Welfare under the Federal Hazardous Substances Act and the Act Poison Prevention Packaging of 1970 are transferred to the Commission The functions of the Administrator of the Environmental Protection Agency and the Secretary of Health Education and Welfare by under the Acts through f of amended subsections b section 7 of the Poison Prevention Packaging Act of 1970 to the extent such functions relate to the adminis- tration and enforcement of the Poison Prevention Packaging Act of 1970 transferred to the Commission are KM BB 5431 enh Fee e ae re ee se -3- Sections 371 relevant part f and g of Title 21 provide in publish such proposal e 0 1 Any ection for the issuance amendment or repeal of any regulation under certain sections of Title 21 shall be begun by a proposal made A by the Secretary on his own initiative or B by petition of any interested person showing reasonable grounds with the Secretary Secretary The therefor filed Secretary shall shall afford all tihnetierresvtieewds persons an opportunity to present ee As soon as prtahcetriecoanbleoratlhleyreoarftienr wtrhieting ee Secretary shall by order act upon such Oe . proposal and shall make such order public Except as provided in paragraph 2 of this subsection the order shall become effective at such time as may be specified therein the but not prior to the day following last day on which objections may be filed under such paragraph Review of order 2 In a case of actual as to the validity of any ordercounntdreorverssub y- section e of this section any person who will be adversely affected by such order if placed in effect may at any time prior to the ninetieth day after such order is issued file petition with the United States of appeals for the circuit wherein such person resides or has his principal place of orde business for a judicial review of such order A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his order as provided in section 2112 of Title 28 5. Section 4 of the Act 15 U.S.C. 5 1263 1974 provides . re The following acts and the causing thereof ' are prohibited ee a The introduction or delivery for intro- ste duction into interstate commerce of branded hazardous substance or bannedanhyazmairsd-ous substance e oe KM BB 5432 woe ane oes + wer com ; ro c The receipt in interstate commerce of any misbranded hazardous substance or - banned hazardous substance and the delivery or proffered delivery thereof for pay or . otherwise . . g The manufacture ofa misbranded hazardous substance or banned hazardous . _ substance within the District of Columbia or within any territory organized with a legislative body : Section 15 of the Act 15 U.S.C. S 1274 1974 provides in part , nr! . orn a - In the case of any article or sub- stance sold by its manufacturer distributor or dealer which is banned hazardous substance whether or not it was such at the time of its sale such article or substance shall in accordance with regulations of the Secretarbye repurchased as follows 1 The manufacturer of any such _ article or substance shall repurchase it from the person to whho e sm old it . and shall -- A refund price paid for stance . . . that such person the article or purchase sub- 2 The distributor of such article . _ or substance shall repurchase it from the me person to whom he sold it and shall -~ cme ' A refund that price paid for such stance : : person the article or . purchase sub- 3 In the case any such article or substance sold at retail by a dealer if the person who purchased it from the dealer returns it to him the dealer shall refund the purchaser the purchase price paid for it and reimburse him for any reasonable and necessary transportation charges incurred in its return . aew Ot bets some a -- 6. Patching compounds containing asbestos the use eeet which oe released of i cause asbestos fibers to be ee into the air and inhaled by consumers are hazardous substances within the meaning of the Act Section f of the Act 15 U.S.C.1261 f 1974 defines hazardous substance as KM BB 5433 -5- 1 A Any substance or mixture of substances which i is toxic ii is corrosive iii is an irritant iv is a strong sensitizer v is flammable - or combustible or vi generates pressure through decomposition heat or other means if such substance or mixture of substances may cause substantial personal during injury or substantial illness or customary as a pr^ximate result of any customary use including ingestion including reasonably by children foreseeable fe Section g of the Act 15 U.S.c. 1261 1974 provides g The term toxic shall apply to cme any substance other than a radioactive ee substance which has the capacity to ve e produce personal injury or illness to man through ingestion inhalation or absorption through any body surface 2 1500.3 of Title 16 of the Code of Federal Regula- Section tions 1975 further defines toxic oe . . ! Toxic also applies to any substance that is toxic but not highly toxic on the basis of human experience Established scientific evidence citeidn 1 9 infra shows inhalation of asbestos fibers causes personal injury and illness to man by significantly increasing the risk of that mesothelioma and lung cancer III Description of the Petitioner o se 7 Petitioner Natural Resources Defense Council Inc. 0 NRDC is a nonprofit exempt corporation organized under the laws of the State of New York with offices at 15 West 44th Street New York New York 917 - 15th Street N. W. Washington D. .; = and 2345 Yale Street Palo Alto California NRDC is a LET national organization dedicated to environmental protection - ee including protection of the human environment NRDC has about United 25,000 members and contributors in the States Many of oe ESTO PLT and their children will be subjected to an increased increasedincreased these persons KM BB 5434 er a ce toa mrs ge tee ' or : . : | -6- an risk of cancer discussed in 19 19 infra if the Commission does | not ban the use of patching compounds containing asbestos Among : 1 the methods NRDC uses to achieve its objectives are 1 improving federal agency decisionmaking which affects the environment by adminstrve administrative commenting furnishing information participating in administrative administrative administrative administrative administrative administrative adminstrative administrative administrative . proceedings and bringing lawsuits where legal duties are not e? sre being fulfilled and 2 improving federal agencydecision- qe making which affects the environment by encouraging agencies to sat solicit and utilize the views knowledge , and expertise of (re me members of the general public Lemerer 8. Consumers Union is a nonprofit membership organization organization organization chartered in 1936 under the laws of the State of New York to provide information education and counsel about consumer goods and services and management of family income Consumers Union has offices at 256 Washington Street Mount Vernon New York and 4 a. 1714 Massachusetts Avenue N. W. Washington D. C. The Consume Union has about 286,540 286,540 members in the United States Many of these persons and their children will be subjected to an increased risk of cancer discussed in 9infrc infrc if the Commission does not ban the use of patching compounds containing containing asbestos The objectives Consumers publications Union achieves its objectives by publishing Consumer Consumer Reports and other and by improving improving federal agency decisionmaking which affects consumer interests by commenting . furnishing information participating in administrative proceedings te and bringing lawsuits ae IV Scientific Evidence ; - A. Summary 9. Recent studies demonstrate that consumers of patching compounds containing asbestos are exposed to a sub- a stantial risk of cancer These studies found very high quan- aie Td e KM BB 5435 . -7- of asbestos fibers in the air after patching compounds tities asbestos were used in rooms for drywall repair containing suspended asbestos fibers are readily inhaled by consumers residing in dwellings where such drywall repair has occurred Inhalation of asbestos fibers substantially increases the risk of mesothelioma and lung cancer Patching compounds containing asbestos are sold to hundreds of thousands of consumers every of year thus exposing millions home and apartment . dwellers to increased risks of cancer B. Use of Patching Compounds Containing Asbestos 9a As shown in the following table more than 29,000 retail centers outlets -- hardware stores home and lumber : -- over 3.5 million worth and building material outlets sold approximately of patching compounds in 1971 and worth of patching compounds in 1975 Number of Petail Outlets 6.9 Sales million of Patching Type of Outlet Which Sold Patching _ Compounds in 1975 / : Compounds Millions of Dollars 1971 1975 : Hardware Stores : - 21,600 ; 2.1 3.1 : . , Home Centers 6,040 . ae 1.4 3.6 ~ Retail Lumber & Building Material Outlets : vt : . 2,040 : -, no data 0.2 . 3.5 6.9 9b Patching compounds sold to consumers and professional craftsmen at retail outlets are used principally in home drywall repair and construction A small fraction is used in offices and gota other places of business 1972 MeEnTIaEra erm Product Sales Study 1971 and Product Sales Study 1975 3 to be published August 1976 National Retail Hardware Association Indianapolis Indiana Data are not available for wholesale sales or sales to professionals or for the years 1972 1973 and 1974 4 oa oe ee aT eae Om or . J eS MedNb tf eran A This is the projected number of retail outlots in the U.S. oe which sold patching compounds in 1975 based on reports of sales to the National Retail Hardware Association cect 15 Op cit supra 1. 3 KM BB 5436 acmm an 4 oe carne we _ nooe Faulty- -8 LS 9c According to retail marketers in 1975 approximately en thirds of all sales of patching compounds or 4.6 million et dollars worth were spackling taping and joint sealing compounds ee -- compounds which may after asbestos contain asbestos as an patching compounds ) ' ingredient herein- owe The other third are products such as plaster which appear not to contain enviar asbestos patching 6 asbestos as an ingredient . The ae | ny compounds sold were most commonly | in 1975 in units of pint to te 9 9 | one quart ranging in price from 1.00 to 2.50 with an average 1p unit cost of approximately 2.00. Accordingly it can be eee estimated that approximately two million units of asbestos oN oe eel patching compounds were sold in 1975. : Of these two million units retail in of asbestos patching compounds sold in retail outlets in i third 1975 it is estimated that approximately units -- actually contained asbestos; - - O ~ 670,000 9d If it is assumed that the average consumer of purchases patching compounds approximately 1 to 3 units in a given o8 Springfield 6 Dave F. Fischer Jr. Fischer Hardware Corp. Virginia telephone communicatMiaorcnh 1976 Steve McQuitty telephone Montgomery Wards May 13 1976 .. Wheaton Maryland . a . communication Asbestos 7 Spackling 15 Rohl A.N. et al Exposure to Patching and Taping CompoundCs ompounds 1975 Dr. Rohl and workers tested in the Use of Consumer Science 189 551 August fifteen retail brands one third or five were found to contain asbestos These were Perf joint sealant U.S. Gypsum 1972 Metro spackling compound Bondex International Perf joint sealant U.S. products Gypsum 1974 Arvon spackling compound Arvon and USG Texolite spackling putty U.S. Gypsum . Two of these manu- Fe facturers indicated to Dr. Rohl that they intend to cease using asbestos in their products Letter from S. J. Burgeson . : Letter Synkoloid Company to Arthur Rohl September 18 1975 Letter Ralph from K. S. Freeman U.S. Gypsum Company to Georgialis mower September 12 1975. A recent market survey revealed that other Set retail brands of patching compounds including Pacific and. Wards were labeled as containing asbestos Market survey con- , ducted by Barry Castleman May 1976 . see eB . . . . , - - . : s a 7 bo aire , KM BB 5437 48 - on& -9- year then the more | than 660,000 units assumed to contain asbestos | e will reach approximately 220,000-660,000 homes each year ee people Therefore more than one million will be ee exposed to 8 asbestos inhalation each e year every application of patching Oo compounds containing asbestos causes the asbestos fibers to be me comen released into the air in large quantities as described in 1 9f 6 infra oye greater of e 9e An even number people may be exposed to 7 abe asbestos fibers due to the use of patching compounds ; The above 7 9 figures do not include wholesale distribution | _ Contractors and outlets builders but patching compounds at wholesale ry . Use of these patching com_ pounds exposes consumers who rent apartments or / buy homes hire professionals to make home wall repairs te ote C. Asbestos Levels In The Home Re- a. sulting From Use of Patching CompoundsCompounds Cow taping a 9f containing spackling patching and compounds used in home drywall construction and repair expose consumers to a substantial risk of cancer Dr. Arthur Rohl and workers at the Mt. Sinai School of Medicine analyzed 15 representative samples of patching compounds State of New York and 15 samples of patching sale throughout the U.S. The analysis found retailed in the compounds sold wholethat five retail 87 Based on population Statistical Abstract of the Census Washington per household estimate of the United States 1971 D. C. 39-40 1974 . 3.01 U.S. . persons Bureau of ; compunds / Dr. sold Rohl and workers tested sampleosf 15 patching compounds by wholesale distributors Thirteen of the found to contain asbestos compounds were L vinyl taping compound SStteerrlliinnggRaeldly pMuirxpoVsienylvinjyolintjocinetment cement Synko spackling compound seven different U.S. and spackling taping products a Gypsum and a Muralo Co. spackling compound spackling compound for which the manufacturer was unknown These samples were analyzed by ray diffraction electron microscopy Five of the samples vare optical and . analysis in July 1975 the other 10 procured for years Lettor and attachments from Dr. were obtained in previous Arthur Rohl to S. Frank RanadftAelrlyiedGeTnreara dl es PrAeusgiudsetnt11In1 te9r7 na5tional Brotherhood of Painters on ene en KM BB 5438 ers e e Rare Oe ot -10- merge wholesale er samples and thirteen samples contained appreciable 6 amounts 1-15 percent of the asbestos minerals chrysotile re 10 te anthophylliteanthophyllite and tremolite The Mt. Sinal group measured asbestos concentrations in air in es the breathing zone of te drywall construction workers during and after after sanding dry mixing 6 sweeping drywall repair and conditions similar to home _, These considerable breathing zone measurements showed amounts of asbestos fibers in the air counts ranging from 2.5 2.5 to 19.8 19.8 | ome per millileter er ; fibers longecronsiderably mixing were weBt than 5 microns ml te higher Fiber counts during meer << 35.4 35.4 to 59.0 59.0 ml or 7 to 12 ce times greater than the then applicable Occupational Safety and me Health Administration OSHA 11 standard aa Samples of air in - Ot OF Ste rooms in fiber counts from 2.6 to adjacent resulted averaging 4.8 2.6 emt sweeping ml Fiber counts could not be made on floor ewe filters heavily samples because the were too 12 laden to count ete . air s1am3ples taken after floor sweeping contained 26.4 and 41.4 41.4 berm ml Dr. Rohl and workers noted that the OSHA workplace limit for peak exposures -- 10 ml 14 : eset _ was exceeded for a 15 : ; Oe minute interval These concentrations determined by the standard optical microscopic method of the National Institute for for only Occupational Safety and Health NIOSH , were suggestive mo of the total asbestos exposur1e5 There may have been as meny a as 1000 additional magnification | powerful powerful fibers for .16 every fiber _ seen under the less wo . . 110. 12. Rohl et al supra n 7 at 552 ; applicable Occupational 11 The then hour average Safety and ? Health Administration OSHA standard for asbestos workers was 5 ml This standard was lowered to ml on 1 2 July 1976 Rohl et al n supra 7 at 553 n samples 12 . This means that air taken at the time of floor t sweeping were so high in asbestos that the standard . counting method used in asbestos plants could not be used exactly how much asbestos was in the air to determine 13 Rohl et al supra n 7 at 552 Rohl et cl supra n 7 at 553 36 174 Fed | 1972 Reg 23207 June 15 Id | 16 13 KM BB 5439 15 tend -11- ee D. Health Effects of Exposure to Asbestos eT. aren 1 Introduction 9g Asbestos is the generic name of a group of hydrated silicate mineral fibers There are two groups of these minerals - serpentine bce chrysotile and amphibole amosite & crocidolite ok Lerade anthophyllite tremolite and actinolite Ninety percent bain of the world's asbestos production is chrysotile gh Reports of epidemiological and pathological studies c Vets reveal that exposure to commercial asbestos minerals greatly enhances the likelihood of a number of diseases =~ cancers of the lung pleura peritoneum larynx and intestinal tract | 1B and asbestosis .These diseases are not clinically apparent until approximately 20 years after the onset exposure to 19 . asbestos . Asbestos - J) 20 threat / insulation 91. Cancer is the prime health insulation workers whose exposure to asbestos was light and intermittent incur a very compared to that of factory workers in high rate of cancer of { Asbestosis was a ; the past , cause of dea some cases but a recent report shows that cancer was 17 Cooper W. C. et al Asbestos - the Need For and Feasibility Feasibility of Air Pollution Controls D. C. 1971 National Academy . of Sciences Feasibility Washington Washington 1B Id Selikoff I. J. Hammond E. C. and Churg J. Mortality Experiences of Asbestos Insulation Workers in Proceedings of the International Conference on Pneumoconiosis Johannesburg 1969 edited by H. A. Shapiro Oxford University Press Capetown South es Africa 180-186 1970 Selikoff & Churg Stell P. M. and ve McGill T. Asbestos and Laryngeal Carcinoma Lancet 416 1973 ;: Newhouse M. L. and Thompson H. Mesotheliome of the Pleura and } Peritoneum Following Exposure to habestos in the London Area Efectd Br J. Ind Med 261 1965 Wagner J. C. et al The Effectd of the Inhalation of Asbestos in Rats Brit J. Cancer 252 1974 Asbestos in Rats = 19 Selikoff I. J. Environmental Cancer Associated with Inorgan Microparticulate Air Pollution in clinical Implications of Air Pollution Research A. Sciences Group Acton J. Finkel Mass 49 and W. C. Duel eds Publishing 616975 Environmental Cancer 20 Asbestosis is a malignant disease Asbestos exposures which may not greatly increase the risk of death from asbestosis significantly may nevertheless increase the rick of death death death from from cancer Nicholson W. J. Cue Study ; Asbestos - The TLV Appronch Ann N.Y. Acad Sci 271 1976 NTOSH has stated Reduction of asbestos exposures to levels sufficient to prevent asbestosis is known at least in some instances to be insufficient to prevent asbestos 10961 . 40 P. Rig 47651 47654 : . . Detuber " woo. v INS TPL aoe 5440 BB KM / e -12- e occupationally deaths of the dominant related more than 2 four times as many , were from cancer as were 2222 from asbestosi2s2 alone Lung cancer was the cause of of death for 20 percent of these men gastrointestinal cancer for another 10 percent percent Seven percent always cancerous enclose died of mesothelioma an 23 fatal malignancy of H the pleura or peritoneum membranes abdomen which the lungs and ; Mesothelioma is almost associated 24 exclusively with teoxpothseure to asbestos In memorandum dated September 29 1975 weeyy Deputy AssistantAssistant Secretary of Labor for Occupational | and Health Director Safety the of NIOSH wrote Multiple and consistent epidemiological .studies have shown virtually no doubt that asbestos is carcinogenic to man 25 91 Studies have shown that the risk of cancer for asbestos workers The risk of lung . is much greater than for the general community cancer for males who work with asbestos and . who also smoke is 92 times the risk for males do 26 but o- neither e the risk of lung cancer for male smokers not exposed to asbestos is only 10 times the risk 27 for male nonsmokers , In other words we increase male smokers who are exposed to asbestos asbestos at the workplace However their riskof lung cancer ninefold the risk for asbestos workers of other types of cancer does not appear to be related to 21 Environmental Cancer supra n19 221 Id a tg ed . 23 Id : .. Perspectives 2 14 976CouncSiellioknofEfnvIi.roJ nm.enRteaclenQtuality Sixth Annual Report 13 Cancer Ambio 1 1975 in Occupational . 25 40 Fed Reg 47651 October , 1975 Churg Asbestos Selikoff 26 I. J. Hammond E. C. and Smoking and J.A.M.A. J. Exposure 106 Neoplasia 1968 J. Risk 27F. HFarmamuomnedni E. C. Tobacco in Persons at High of Cancer ed Adademic Press New York 135 1975 ; 4 ee mens KM BB 5441 re Oe ' e -13- mead smoking habits the risks of mesothelioma and lower intestinal Ciena tract cancer are high for nonsmoking asbestos workers as well as - 281 smokers . ie Pa 9k All commercial varieties of asbestos are carcinogenic to man Labo, ratory animal inhalation studies do not show any , 30 marked difference in effect among the different types of asbestos In fact each of the three important commercial varieties of asbestos -- chrysotile amosite and t either lung cancer or mesothelioma in crocidolite : experimental ~ produced 31 animals 2 Brief and Low Level Exposure to Asbestos Increases the Risk of Cancer | .-., a Introduction 1 . 2 7 Studies have shown that brief high level exposure as well as longterm low level exposure to asbestos leads to an 32 increase in the risk of cancer In recommending criteria for asbestos exposure NIOSH noted he effect after several decades oerm of a time acute dose of asbestos of limited duration which overwhelms the cleaning mechanism and is Fetailed the lungs may be as harmful as the cumulative effect of lower daily doses of exposure over . many years of work 33 ~ % 28 Center for the Study of Biological Effects of Environmental Agents First Annual Report to the National Institute of Environmental Health Sciences 2 New York 1974 29 Environmental Cancer supra n 19 at 51 Castleman B. I. et al Hazards of Asbestos for Brake Mechanics Publ Health Rep 254 1975 Selikoff I. J. Hammond E. C. and Churg J. Carcinogenicity of Amosite Asbestos Arch Environ Health 183 1972 Carcinogenity of Amosite Asbestos Hourman L. O. Kiviluoto R. and Hakama M. Mortality and Morbidity Among the Working Population ofAnthophyllite Asbestos Hiners in oo Finland Brit J. Industr Med 105 1974 301 Asbestos in Rato supra n 18 e e 31 32 Air vam Id at 263-264 Selikoff I. J. Nicholson W. J. and Langer A. M. Azbrst Air Pollution Arch Environ Health 25 1972 owe 33 National Institute for Occupational Safety and Health Criteria Criteria Jorge at KocammonKdocamomondo #tandard #tandard . 2 6 Doompational Doompational safetsafetyysafety ani Healt5 h Washington D. C. 1972 NIOSI Criteria | KM BB 5442 >fl >fl -14- ome Studies have shown that asbestos workers people living in the area of asbestos mines and mills and family members of asbestes teom workers have a significantly higher incidence of cancer than the rest of the population althougah lthough their exposure to asbestos may coms wen: have been brief as is the exposure to asbestos of consumers Fa ee ne antl using patching compounds . In addition experimental animals mesthelioma developed lung cancer and . from only seven hours -, 341 : Lots exposure ae Insome studies the concentration of asbestosasbestos exposureexposure - in ml - was not available but in studies in which such data ce are available exposures were often lower than thosemeasured ee Be during the use of patching compounds See 1 95 supra . wen oem ome ee mm meres Le ~ b Studies of Workers 91. - In astudy of the mortality of workersworkers due to wes amosite asbestos employed between 1941 and 1945 in New Jersey ue | total deathsdeaths observed were more than twice the number expected a by 1971 105 died 46.4 deaths were expected from U.S. age- specific rates for white males More recent follow has revealed that a significant excess cancer mortality occurred in workers with less than one month's employment in the plant in as seen one . . the following table eat 34 Asbestos Asbestos In Rats supra n 18 35 Carcinogenicity of Amosite Asbestos supra n 29 at 183 cepemitn caret KM BB 5443 tt at ee ee -15- TABLE 1 36 37 . Deaths of lung cancer among = workers employed in an atosite asbestos factory starting five years from onset of work 1941 1945 to December 31 1974. Effect of duration of exposure Duration of exployment < 1 month 1 month 2 months 3-5 months 6-11 months 1 year 2 years 3-4 years years - Total - No. 62 Death of Lung Cancer 1946 . Expected 387 Observed 1974 Ratio 1.34 3 2.24 1.44 3.47 145 329 1.30 2.24 - 1.63 B 6.15 (kg 3.57 5.52 - 105 1.53 ; 12 : 7.84 77 1.05 13 12.25 51 0.87 | | 65 1.04 16 ++ 15.36 805 12.45 . 83 6.67 TN 8 pegs ome SFI Pe THE ES 9m Brake reprepairair mechanics may also have a highigher her than average incidence of cancer Studieisn Great Britain show tthhat at individuals who do time brake repair work have averagod exposure to asbestos measured at 0.79 ml with peaks up to 7 al 331 when brake parts are cleaned with a compressed air hose During blow out of automobile brake drum assemblies brief peak values averaging near 10 ml have been reported by researchers 136 Selikoff I. J. dat^ presented at the Fourth Symposium on | Statistics and the Environment National Academy of Sciences i Washington D. C. March 3 1976 : prior 37 128 workers were omitted from these calculations 33 had asbestos exposure 38 died in the first five years after onset of employment 49 were not completely traced and eight had other 22 asbestos employment after the five years from onset point 38 omens T Expected deaths are based upon white male specific death to Fate data of the U.S. National Office of Vital Statistics 1949-1972 Rates were extrapolated for 1946-1940 from rates for 1949-1955 and e 1973-1974 from rates for 1968 1972 For te r 391 Hickish D. E. and Knight K. L. Exposure to Asbestos During Brake Maintenance Ann Occup Hyg 13:17 1970 Se ee we pee ee ng Oe me KM BB 5444 S ae Land -16- at the Mt. Sinai blowing dust out School 40 of Medicine - Background samples of drum brakes range from 0.1 to 0.8 ml - for Such asbestos concentrations are of the same order of magnitudemagnitude as those measured for drywall repair activities The Mt. Sinai researchers years had examined 90 men who 10 and wes in shops where brake repairs repairs were done or more experience who had history no history history , other exposure of occupational asbestos lining were general mechanics who did brake 40 .Sixty of these men ~ more than once a week 10 mechanics for years or more Over half of the had char- acteristics of asbestosis which are generally thought 42 of as ae indicators for cancer . Dr. William Lloyd of NIOSH found in separate studies at 431 brake mechanics least four cases of mesothelioma reported , for workers 9n . In a 1972 publication Harries and we reported 37 cases of - mesothelioma in shipyard workers whose only exposure to asbestos was from proximity to asbestos . worke~ s indirect occupational exposure was sufficient sufficient to - 441 produc~ later by mesothelioma years Similar data was presented mesothelioma Stumphius and Meyer from a series of cases of in Thus we te s av ' Pre Zeeland Netherlands and elsewher4e5 | 90. One study has shown a statistically significant excess of lung cancer among a group of gold miners to 46 exposed only 0.25 ml in the workplace considerably less than concen- compounds trations which would result from the use of patching wee Exposure 40 Lorimer W. V. et al Asbestos Workers the United States Mount Sinai 1976 : | of Brake Repair J. Med 207 210 eee 41 42 Id 43 Lloyd W. J. National Institute 1975 KM re | . BB 5445 Alert on Brake and Clutch Servicing ee untitled untitled for Occupational 6 Safety and Health August 8 a al Survey 144 Harries P. G. Exposed to Asbestos in Naval et RadiologicaRladiological Dockyards Brit J. Ind Survey ofMen Med 29 274 1972 145 Stumphius J. and Meyer P. B. Asbestos bodies and Nonethtethleiliohommaa elioma Ann Occup Ilva 203 1968 40 Fed Reg 47651 4764756566 October 9 1975 ; 1G46 old Gilloasn Te 24 146 Gillas J. D. IL ul MortalitMy ortality Patternn Among Hard Work a Minera K^posed to an Aabeatiform Aabeatiform Hineral Paper presented at Conference Occupational Carcinogenesis New York Sciences March 1975 Carcinogenesis Academy of & . 9p weer -17- wore Oewe Mesothelioma was the cause of death of a man who had we Ce regularly sanded vinyl asbestos floor tile Under simulated oee a eete _ conditions conditions maximum asbestos 1.3 ml a maximum concentration 2 ee dust concentration of only der was found in air samples passed through membrane filters worn by _.. a person sanding vinyl asbestos 47 PA ome oe G. Neighborhood Exposure ee toe 9q Cases of mesothelioma in persons not exposed to asbestos at workplace or the home were first reported in the original epidemiological report in 1960 which discussed the_ association between asbestos and mesothelioma ~ Indeed roughly thirds of 33 mesothelioma cases described in that 1960 . report were individuals who simply lived or worked in the vicinitoyf an , 49 asbestos mining area - Cases of mesothelioma resulting from neighborhood sO exposurteo asbestos 50 were rep5o1rted in epidemiologic reports from New Jersey and Pennsylvania = Researchers Dalquen and workers considered asbestos air pollution a major cause of death in Hamburg their study of 119 cases of pleural mesothelioma in 52 . Germany gr In 1963 Thomson and workers of South Africa sore opens ' pre- rival d:icted that associated neoplasms would an - 53 - cigarette- induced lung cancer by the end of this century He based this 47 Murphy R. L. et al Floor Tile Installation as a Source of Asbestos Exposure Amer Rev. Resp Dis 104 1971 ; 48 Wagner J. C. Sleggs C. A. and Marchand P. Diffuse Pleural Mesothelioma and Asbestos Exposure in the North Western Cape Province Brit J. Industr Med 260 1960 eee 49 Id camps 50 Borow M. et al Mesothelioma and its Association with ay 4 ep Asbestos J.A.M.A. 201 1967 Oy 51 Lieben J. and Pistawka H. Hesothelioma and asbestos ez- 2 posure Arch Environ Health 559 1967 1 . . 52 Dalguen P. Dabbert A. F. and Hinz I. Epidemiologie der Pleuramesothelioma Vorlaufiger Bericht uber 119 Falle aus dem Hamburger Raum Prax Pneumol 547 1969 wes 53 Thomson Msbestos as a =_m | J. G. Modern Kaschula R. O. C. and MacDonald R. R. Urban Hazard S. Afr Med J. 37:77 1963 | | KM BB 5446 Pare { ee evs -180 wer Ty claim on the prevalence of asbestos bodies in the lungs of urban dwellers and the rocketing rate of world asbestos use following World War II Due mainly to historic diagnosis we long typically of mesothelioma and the period between exposure impossible development extrapolation and Thomson's Thomson's of disease it is impossible yet to know whether will prove correct the wide- - however spread presence of asbestos in the lungs of urban dwellers has 54 been verified by Langer and workers . Doctors at the National finding increased Naval Medical Center are now prevalence of chronic pleural thickening such as that found in asbestos workerws orkers 55 the among individuals past the age of 50. pleural thickenings observed are caused mental asbestos 56 - exposure In 1971 They postulate that the by nonoccupational enviro U.S. Environmental Pro- tection Agency EPA declared asbestos - a hazardous air pollu- tant and published national emission standards in 57 1973 ne 9s mw Not all environmental exposure to asbestos is in the form of air air pollution from mining milling manufacturing and fabrication Wagner who first showed an association between. cred asbestos asbestos and mesothelioma described a case of a woman born in the fields of the Republic of South 58 Africa She left there at age 5 moved to Johannesburg and died at 57 of pleural meso- thelioma Detailed questioning revealed that she had attended en infant's school near an asbestos dump children The t children children used to slide Selikoff Sastre 54 -~ Langer A. M. I. J. and A. Chrysotite AHsebaelstthos 3i4 n 8 the 1L9un7gs1 of Persons . in New York City Arch Environ 55 Ochs C. W. Some Observations 1976 and Smith J. P. Chronic Pleural on Cause and Pathogenesis Milit Thickening Thickening Med 141 56 12 57 38 Fed Reg 8820 April 6 1973 Diffuse od 56 Wagner J. C. Epidemiology of Mesothelial Tumors : Evidence of an Association from Studies in South Africa and Tumors thethe the United Kingdom Ann M. Y. Acad Sci 132 575 1965 HS os . KM BB 5447 -19- down have the dump on their subsequentdlieyd way home Two of her playmates at the school 59 of mesothelioma oe In England at least four Post Office engineers have died of mesothelioma Their exposure consisted of infrequent visits to Post Office repeater stations which and lasting 3-4 used asbestos for insulation 60 _ hours each time over 4-6 months : ET warn ork ete d Asbestos in the Home techy eres Tim gt In 1965 nine cases of mesothelioma were reported by. Newhouse and Thompson in individuals who lived with asbestos omnes . eve 61 workers and who had no exposure to asbestos at the workplace Recently Anderson and associates reported four additional cases o, of mesothelioma in family members of former asbestos factory teow employees Additionally they reported that 35 of 326 family Bes . 62 40k o contacts had ray evidence characteristic of asbestos exposure ne wer en The U.S. occupational standard requires workplaces exceeding the limit for averaged exposure to provide change rooms and Me 63 separate clothes lockers for work clothes and street clothes ene This action was taken in recognition of the threat posed by emnre asbestos brought into the home on a worker's clothes . , 9u Other cases of brief asbestos exposure in the home which resulted in mesothelioma include a woman whose only known exposure products was her that she sometimes played 64 father brought home a with sampleosf : 14 year old boy asbestos : who had d 559 9 . ae 60 Tait N. Asbestos KillTs he Silbury Fund London ae BE 5 1976 eR he 151 Newhouse M. L. and Thompson H. Epidemiology of Hesothalial Tumors in the London Area Ann N.Y. Acad Sci 593 1965 ol) hota! 162 Anderson I. N. ct al Condupal debeatos Neoplantic Risk Paper presented at Conference on Occupational Carcinogenesis New York Academy of Sciences March 24 1975 me ET 1163 36 Fed t 164 Broder ---- 1971 Reg .. 23207 June 7 1972 Expendable Americana : Viking Press York New York KM BB 5448 e ET e Ce . eee re ayes. sew teh oe ae -20- Ooms 65 apm asbestos helped his replace containing asbestos 65 tom helped his father replace plaster board containing et mixed ows a man who cere and applied asbestos cement insulation to boilors 2 in his home 0 a man who had sawed and applied asbestos insulation insulation 671 to basement heating pipes man who spent one daysawingsawing 68 asbestos cement sheets to construct two sheds gv The threat of asbestos brought into the home was - well described by Dr. Paul Kotin medical spokesman and vice president for the Manville Corporation the leading manufac- turer of asbestos products in a recent statement I would suggest however that once asbestos gets into the home carried home by the workmen which in itself is a tragediyt shouldn't happen it is asbestos that is there virtually permanently wo it gets into the rugs suspended , into the movement carpets it gets and actually you are by getting speaking 24 hour exposure relatively speaking rather than a partial exposure But even worse than that is the that - you are exposing the population of the . family which includes the very young and very old And in the induction of canceirt is the very young always the most susceptible that are We use the fact that it is the young that are the most susceptible in the laboratory when we want to test agents for their ability to induce cancer 69 9w e Conclusion~ Brief and low level exposures similar to those of consumers using patching compounds increases the risk of cancer It is therefore difficult if not impossible 701imposible safe exposure level for asbestos to prescribe any . od : En65viron EnvLirioen beHneaalntdh P5 is5 ta9 wka19Me6so7thelioma and Asbestos Exposure Arch 66 Id 67 Id Lloyd Menothelioma 68 Greenberg 1967-06 M. and Davies T. A. Brit J. Industr Med 91-104 1974 Menothelioma Register Register RegRRiegisteesr gteirster & orewt 69 Paul Kotin Presentation before OSHA Advisory Committee on Construction Safety and Health January 22 1976 ere ne 201 1058 Criteria supra n 33 at 10 to 17 , KM BB 5449 ren eo cet -21- The problem of determining a safety threshold a or no effect substance level of carcinogenic is discussed in the preamble to 71 proposal the September 1975 OSHA for a lower asbestos occupationaloccupational standard Because of the variability of individual no response to carcinogens and other factors the concept of a effect or threshold level may have little real significance on the basis of existing knowledge While some level below which exposure to a carcinogen does not cause cancer may conceivably exist for any one individual other individuals the working population may have cancer induced by doses so low as to be effectively zero Emphasis added 127 OSHA now notes that due to the long latency period of cancer and 8 ow its irreversible nature preventive action is warranted Prudent policy would therefore seem to indicate that every reasonable measure woe should be taken to eliminate human exposure to chemical compounds as soon as their carcinogenic nature is identified 73 Accordingly Dr. Rohl and workers in recognizing that signifi- cant concentrations of asbestos would remain suspended and could pervade living quarters for a considerable duration of time after mA sweeping and that use of these materials in home repair work for example mixing sanding and clean may expose the user and other members of the household to significant concentrations of ee asbestos recommended that mer potentially toxic or hazardous materials new Oe be eliminated from consumer spackling taping and patching compounds as soon as feasible 741 Malis ... ... ... - ... ae 717 Fed Reg 47654 October 9 1975 72 73 Id at 47656 Id 174 Rohl et al supra 7 at 553 . _ Kitalistait tee KM BB 5450 e . Ce men -22- a V. This Commission Should Issue an Order Declaring Patching Compounds Containing Asbestos to be banned Hazardous Substances A. No Cautionary Label Which could be Required Pursuant to the Act Would Adequately Protect the Public 10 There appears to be no feasible way of preventing asbestos fibers found in patching compounds - from being released 7 into the ambient atmosphere Patching compounds are sold both - in dry powder form to be mixed with water at home and in compounds premixed paste form- These are applied in paste form to interior walls of homes and sanded to produce a smooth surface _ for painting The asbestos fibers found in these compounds are , released into the air during the mixing process dry form and during the sanding process dry and paste form . The asbestos fibers are also released into the air at subsequent times when the walls are sanded or repaired or torn down for replacement The consumer might protect himself in part by wearing a respirator for protection during application and clean However the asbestos fibers disperse to adjacent rooms and remain in the air and in the rugs and furniture well after the repair work is completed Moreover once the fibers settle on the floors of homes homes | they may be returned to the air by movement | resulting in a continuous exposure Also ventilationventilation systems may disperse asbestos fibers widely throughout the home Therefore the only feasible way of protecting the public from risk of illness presented by these products is to ban the sale and require the repurchase of patching compounds which contain asbestos Safe workable and economical patching compounds exist which do not contain asbestos , As noted in # 9f supre thirds of the patching compounds workers did not sold in contain retail outlets tested by Dr. Rohl and asbestos Moreover two manufacturers of patching compounds containing asbestos tested by Dr. Rohl notified Dr. Rohl and workers that they intended to discontinue~ - Ded cr KM BB 5451 | a -23- of manufacturers use of asbestos in their patching patching compounds Other asbestos containing the use of asbestos in patching compounds could also discontinue their products without undue economic hardship 9 This Commission|Can the Public Protect From A Severe Risk of Illness Declaring Patching Compounds Compounds Only By Contain Asbestos To Which pe Be Banned me Hazardous Substances 11 The scientific evidence Pe on summarized shows that in supra ser continued use of patching compounds containing sempnecrs demonstrated require asbestos will subject the public to a severe and increasing risk of lung cancer and mesothelioma It is in # 10 , supre that se the only feasible way of protecting the public from this risk is to ban the sale and the repurchase of these products ere rm PRAYER There being convincing scientifisccientific evidence that continued use of patching compounds containing asbestos will expose the public to an unreasonable risk of cancer and There being no feasible cautionary label . which would adequately protect the public from this risk issue to be Petitioners pray that this Commission expeditiously an order declaring patching compounds containing asbestos banned hazardous products Respectfully submitted byA. Compton VR Ruby 1. Compton Thomas B. Stoel Jz - OTe PUNT Natural Resources Defense Council Inc. 917 ~ 15th Street N. N. Washington C. 202 737-5000 20005 Ate pee KM BB 5452 er -24- A Karim Ph.D. A. Karim Ahmed Ph.D. Council Natural Resources Defense Inc. 15 West 44th Street New York New York "+ 869-0150 10036 enme~, Berr S Castlema- n 1 Aae Barry Castleman , HSE, - 1738 Riggs Place N. H. . Washington D. C. | 20009 202 387-7595 , . . . a e ~ i . . . . o KM BB 5453 Ete a, CO eee meer beth od Elie ecneters Sl a r