Document 2oMg1Lmzyy1BYgaJRVGvbaYb

I Wednesday January 29, 1966 Part II Environmental Protection Agency 40 CFR Part 763 . Asbestos; Proposed Mining and import Restrictions and Proposed Manufacturing Importation and Processing Prohibitions I FMSI02428 SCF-ALLF-09686 9738 Fodorg) Register / Vtri. 51. No. IP / Wednesday, fhnuury 2H. 198H / Proposed Rules ENVIRONMENTAL protection AttENCY CKtna: Public bearings will be held : beginning approximately May 14,1088. The risks EPA is addressing in this proposal and He overall asbestos The exact times Bnd location* of the program uro serious and well 40CFR Pert 7E3 hearings will be available by calling EPA's TBCA Assistance Office. documented. Asbestos is a known human carcinogen that nausea tong lom-uca*; fw. 4T-tj Comments on this proposed rule and cancer, mesothelioma (a cancer of the requests to participate the Informal chest and ubdorairwl lining) find is also Asbestos; Proposed Mining and Import hearings must be submitted by April 29, lloked to other cancers. It has been Restriction* nd Proposed 1936. Reply comments made In response estimated that 34W to 12.000cancer Msmitecturing, Importson, and to Issues raised at each hearing mast be cases a year occur in the United States Processing Prohibitions submilted no later than 1 wcok after the as h result of past exposure In asbestos: AOCNCY: Environmental Protection Agency (EPA). ftcno* Proposed rule. tWMAwrv EPA is proposing a rule under section 6 of the Toxic Substances Control Act (TSCA) to prohibit the manufacture, importation, and processing of asbestos in certain products and to phase out the use of asbestos in oil other products, The products EPA proposes to ban ttni esbeetoB-cement pipe and fitting, roofing felts, flooring fehe fund fe'r becked sheet flooring). vlnyi-usbrsto* Door tile, end ushestos clothing. Under Ibis rota, EPA Mould also allow only those parsons with permits issued by EPA tu mine or import asbestos fur uiw In products that are not banned. Eventually, all mining or Importation of asbestos would be prohibited, exenpt for that mining or importation allowed under an exemption process. EPA la proposing this rule to reduce the serious unreasonable risk to human hualth presented by exposure lo asbestos- A* tin alternative. EPA Is considering prohibiting the manufacture, Importation uud processing of foregone* of er.fearioj products at tuigud Interval*. EPA is considering banning the monufuclui'C. : Importation. and procewlnR o! a3i>eslos oonatnictlon products and asboetqa clothing soon after the rule's promulgation will) the category of asbestos friction products henned ubuui $ years loter, end other asbestoa products banned al a later time. EPA believes that this alternative approach would also be an effective wav of reducing the serious unreusonblc risk presented by exposure lo Asbestos ud dusronbut hearing. address Since some comments are expected to contain confidential business Information, all comments should be sent In triplicate to: Document Control Officer (TS-793J. Office of Toxic Substunces. Envlronmontal Protection Agency. Rot. -209.401 M St. SW.. Washington, DC 20460. Comments vhould Include Ike docket control number OPTSMJ2033. NunconnUeiriis! comments and ngnconfidenliBi versions of confidential cirmmrrnte received on this proposal will lx: avttfUibi* for reviewing and copying from 0 e.m. to 4 p.flru, Monday through Friday, excluding legal holidays. In Rm. F.-1C0. ot the oddress given above. FOR FORTNER (RRORMATYOM COWTACT Friwunl A. Klein, Director, Office of TSt'A Assistance (TS-799). Office of Toxic Substances. Environmental Protection Agency. Rm. K-643.401 M StSW., Washington. DC 20430, Toll free? {ttWM24-oO03), In Washington. DO (564-1404], Uutetdo (he USA? (Operator--2C2-654-1404). UmaiiEtfTAftY IttPORWATIOIC 1.1'itroductlnn Asbestos, since iho advent of its larft*i scale lisa, ban resulted In thousandspf painful. premature doatbi from lung cancer mid other diseases. Docause of tic widespread use of asbnstos and Its pBrilrulu} nature. piecemeal control of the risks it presents is not satisfactory; only etuninbiiur, of ucbetlos to the extent feasible will produce acceptable reduction of risks. Prevention of further deaths, therefore, requires forceful integrated action against asbestos risks. To achieve this end. EPA has almost ell of these cancer cases are fatal In addition, asbestos causes aebostosls fa serious lung disorder). About OS,000 persons in the United States arc estimated to be suffering from asbestosia today. Assuming current exposure levels. EPA estimates that about 2.560 persons wlU develop lung cancer or mesothelioma as a result of exposure to asbestos from products made over the next 15 yeore, unless gslmstoe exposures are reduced through regulatory action. As discussed later, even with a relatively low workplan* PEI, of 0.2 f/cc. EPA estimates that almost 1.326 ameers will result bom asbestos products made over the next 15 ycare. The underlying data upon which the risk assessments for asbestos are bast'd come from u number of high quality epidemiologic studies. Unlike mutt potential carcinogens, asbestos has boon studied often end thoroughly far Its affect* on humans. Asbestos presents u particularly insidious threat because pf the unique quality of its fibers- These fibers arc small, colorless, odorless, often Invisible except through a microscope, and tmtostructible in most uses. Tltoy can he transported on clothes and other materir U, und they hove aerodynamic features that allow ihp.m to be easily. suspended and resuspended In tire uir and ti> (revel long distances. Once relft&sod. asbestos fibers uro difficulty detect and contain, and they readily enlor the ambient air. Thus persons are exposed not only at Die Ume und pfecc of release, but long after the release has occurred end far from Its source. There Is constant renewal of risk as asbestos fibers reenter the atmosphere repeatedly over time. specifically requests comment tm n established a coordinated asbestos Despite the known risks of asbestos, staged bon of asbestos product prngrmn. aimed at controlling exposure substantial amounts cf the material are categories. Finally, under both this to ustastos tram products already In use otill mined, imported, and used in kemollve and the proposed approach, and eliminating risks from future uses. commercial products- About 240,000 EPA Is considering requiring labeling for The role EPA is proposing today, which metric ton*. for example, were used ail asbestos products that are nut would ban certain uses of ctbvelot and domestically fn 19&4. Hundreds of banned, including products phase out all olivet uses, forms a central products are still made with asbestos, manufactured pursuant lo permits element of this program Regulatory Ifidudiiig paper and textiles, cement Issued by EPA during the phase-down period, orpursuanl to an exemption alternatives, which are discussed iu this . pipe and sheets, tiles add fails, end . notice and which involve staged bans of automobile brakes. Asbestos fibers are process. Tne Agency requests comments various asbestos product categories, released to the air at many stages of the on the feasibility imd effectiveness of could also form a central element of the commercial life of theso products. each a requirement program. Typical activities thnt lead to the FMSI02429 Federal Register / Vnl. 51, No. 1!) / Woilnsdy, lanimry 29. Y98b / Iteopoaed Rules OTnaaVMVWHMWNHMMflHMMIHMMOUl 3739 ruleow ul Indirde th* mining of 1k}Ui Imh^irv and onififda of bulldliiAS asbestos, Plan' prootsiilmt Into produuU, instaltellon or prudittls the sawing, drilling and sanding tusodnted wUh 0sbesto9-wii)fTt pmduut}(), product u**t toy. roleunH ol fibora during os* of asbestos cloth), prr>dut:l maUttafumc*: huffing unci scraping ot vinyl- asbestos Biw.t tile o; repair of aslmshtt* contouring brake*). diemuntling and removal u( producto (e.g.. removal of nslwsloo ruffing fetish and disposal. Rolonfii* of Hbruv From these activftios |Kc(. ft|. nicniujrii, Bnj.tampnihi-iwsvii (>ntod (Mrutogy must Uika Into mvxjuni the polunUsITur exposure during Ihe mMre lifecycle of sibi^tue product*. To duu% KP/\ has fovuAed Us attention primarily on uebestos in buddings, a major source of aabuslo* itdaase luto (he ambicni environment In tha 197ps. fiPA bannod (ha use of sprayed-on usbestos and Qsbesto-conUtnlngpipe lugging under (he Qaen Air Act, and since (ben has taken steps to reduce risks from In Nbsti;t/dl, rvcrtftta# in exposure in both workers and non-workers. EPA estimate* that shout 700 melnc Inns ore (iiN>slQS already In place in buildings- f( has Issued an air standard to reduce emissions from asbestos temnvul and released Lo tin; air during mining ml remiviiUim pro|acts In buildiitgs: issued milling each year. about US) metric ions u role rcquiriRg iospucOoti of ti'-huols fur during product manufactore, and eland friable /rNbestos; and eslabUshed un IB otelrit: tons fnun InrulfiU* Thru* estimate* an probably low b*cau*H . they du not include fi>liut** from oxteflaivu.lndmical asstsluncc program, wltlch provides gtiidancu lo public end private building owners an (he RiNwmhiry fabrication of each products idunUficellon end safe roioovul ut' us millboard and m>beyto*Him'nl Nh*t, much of whir.b Is done In ainull shops with inadequate emission controls. OhmsrvaUuux thul liivda of asbestos Id us'ImhIjb EPA baa lso prepdaod ui (mmifdlotaly effective rngoljlioa to pri'tsoi Stota end lot'll publio employes who tnkn part In aslhatos alistemmit ihr* oi> nonr oiauufocteruig plants end in n*tiviliM. ciMcs an: cunaidurably greeter Ihen rural Thirty ucllons are primarily mmcilial, bitakgiOQur) levels seam lu confirm that addressing risks from asbeatoe ulrnmly these rvluashu occur end ore significant. in place; ijmy de no mhlrr.ss lhr Roluaai! ul NglnJitOfl filwrs icr.urs not qiilAhtetiul risks Ihut will ntauh fi\>m (ho oul> iu the inuniifuctavc end procuring Cin*inu<*d eumufacture end us>; uf ef asbestos products. hut nlso in tfinlr Several olber HedrrruJ ugcndaa uht; and in*i;\lciu!*v:ij. This rdteave can rr:i:iu without the knowledge of (ho. user 0" Diuintuniittiy personnel. Km evumpln, have sliuady Uikun steps that pArilnlly reduce those risks. The Occupatiomi! Safriy and Health ArionnUaraftoo construction wmriwrs'tep Intu asbestos* a*n>onl irijtimJy In phic*. Tim workiQK ulvn do not know that the phm omhrins jihhoslns and thus tin not tok* e.ip* to l.mii fihitr nifeuae. Similarly, Bigotf'Mimil ir.louRtTS occur ut a l tiic <isn mnt repair of nabesrns brakes H'ld other Ini.Hon prftdurlt,. which lOSl 1A| hat an occupational i(.nukird fur itsbasUis with o perntfsvihbi os|Nisure limit (Pl J.|of Zai f/uc. OSHA h j; prupuuad tu lower tiiis Ktundard to aUherO-Zor 0.3 In mhtilion. ihi* Cmiuii'.nor tVoduct ;kifiiv CtDimiMiiim ((^PKCJ has banmtd use of ix-KptrnJiic ii.-tl'csiut, in nonsumor patching f/Histiohd Zypt.TCCRI of lho total iHhuftinx rtiurkrt in lt?. Ambient lovei* at nsbratn* are olcv.m d qnur fmowuys, pfUKumnlilf! d; Jo Me***? from asliuslaR compmmdf und artiHcul amktonanu r.iiiloiliils. ffnwavm. RubvtrtiitiiiJ ri^k to v,-iriv.rs unJ (he population ivrin.-titiv Ir'olr Ihi* rv-vanii, FJ* > buhoviM brakes. IhHt only ij major tegululury* iniliative Thus, ibr nuimlitr.otix1. processing, ami use ot iiftltitiiloft prydm tx htavc a h-ij.-ii'y ol asbestos in the ambient air. TJtfo, nndiicid loading, vvhilu difficult to itnuiVlly, i.s n signifi(-aot problem, `llio oi'darTKCA leaditig to the i^voniual rliniinutlun ol mos; a^bci.ttiH pnuhtr.t mnnuludura and irapo'lahon cun p.il'.sfu<:l<ir;ly n?d(i<au (ha ovr/vdl risk to h!1 srgmenia uf th; popnlcii>o>. Nntionul W.mioniy of S.mnuts. affi-r Hnolyv.ing Mtidies o- outdoor air. The liinilHiionfi o/ a\pi)surr.-lt4ak*d rvg'.iluiiorw in pruvenUng ewin>s(a>i'fibu eitliuiated typical it)ni:<;itrtlons ol luk'uae. and (lie need (or ninro NKtiesfiitf In outdoor uiiihhuit air fit urban cim,pn.'HenHivu action uadar TStJA. ;tre nnid<i to bo iippr,niimdO.`ly 0.00007 1/cn ttj. Many iiiilliiius ol jiropu! are daily cixpuard to thnst; Iflvcls of In the ciir. llie NetiurwJ Aredoniy of S;ieri.*`i.i hur also estim oerf iher iMtisUateii by (he use of PEIji (ocumio) warkpiduu exposure. In (lie Orei piaire, it upjM'Hni inh'.irtible to sf| a Inr axhc^toB low uunuKh to rfK*u<j* riik 10 a *a;ihf.-K;iory level. Even at 0.3 f/tr. the porsons in mijun erras luce a hietiitte lowfisl m. proposed by OSHA. OSJIA. rik of between uhuui 11n 1004XW in using the same lung cancer and ehiitil 7 id >00,GOO ol developlirg concur musolheUbma moitels used by El'A iik a nifiuit qf nshcBtiiB In the ainbimit air wtunHte* that abnot 7 In 1,(XS) Hshestos workers may die from on asbestos* ratuted rllsaus*!. Furthermore, ItU (uuvasonaltlc to BSSUtilft CAOIDiHB compliamw with a PCL of tu r/cc, oaponioUy given (ho nature of the wbtHtQs Industry. Many of the mniure exposed are in the turvicc and <smstnirnhm Industrios. where worksHtts change frequeotly and Ibo worker population Is (nmalent. Also, wurkurn nflmt do not know they are exposed lo asbetftoe *tid therefore will nm tnke Um ncWRSury piecauHons. As A result, 7KU and other exposure control* are difficult (o apply ftml enforce. Beyomi theim oonsUlemtioiis. m workplwce-hNml Qppromii dooa not address risks t> W gennrvl population. RFA ustlmatas that, even If OS1 !A reduces the PEL to az f/ ac. olowst lJ26 cancers will still result from asbestos products made over the next is yuan. nmaiutM.hr this residual risk. EFA Is miposlrtg umJcr amHon 0 of TSCA s xin on the manufacture, Importation, and pmceS8trrg of uslnistcs-oemunl pipe end ntUixgs. roofing felts, flooititg fell* fund fdt-lxsoked sheet flooring), vinyl* unbenlos Uln, and asbastiM rlothing. l^!*?se usus would bn hittmed ttcc;Mitf(kNafur, ocooomlually comprliK fiiihstitutea nr* rtvallable. and became llican s!n**to# uses arc likely lo conlribiite latgc unoums of asbnslm to tin: Miubirai cnvlronmenl or pre<mt ilispmprrtiioitaKdy Mgh risk. In addition, F.PA U proposhm to . !! lahlish s permit system te phase uut all orfrer eslKiahis (NtiduRts. Hiulcr ihiv system. K.PA would atiocati1- purmiRshm U* mine or lipjmri u specific vnlumt* of nslu^ing lo current miners ,101) The {tmonnt nf HShniloa a miner or importer vculd he allowerl >0 mtmvnr import w.iuld dmlini.1 every ytw<r %jillH after 10 years.no mining or In^UrisMon wifOkl lie allowed, exorpl umfin ti specif^: exemption- This p!n;i*t system would flonr the mnrfacl to ailoi^U! aslxfstos, based an the uvailchllliy and cost of Rnhnstes HobstituiHy. Alter ill yesra. KFA would put in plucai en exemption aynicrh tor chose oslu;sto9 uppllcatlonx ior whi:h m> RithbtiUilcs hud been developed. RPA HPlNUiMtios that there will he few ruiJ? upliMoulion*. beesusu the penrtll syatenr would aroolrt strong inc<mitve.s for the riovetupmaut of atrbslllolae. FPA IsoIyo cuiuidurbw ;> requirainanl thul el) HsbrBlusprudu'.u that ere nut hatutetf lie lubeleil as oontuining ashuslos. This w*mld apply to products madepirrK'ifcpl lo te.TmiU lssie<i by RPA lo mine or import uvbefttos, and (0 produms made; pnreitHnUn nn exemption process. In encouragihg the development of sobmUiitee. Rl'A will b promoting FMSI02430 3740 Federal RagtMer / Vo), 51. to. m / Wi'diic-ndiiy, Jnnu.iry Z9, 1980 / Proposed Rules significant reduction In risk. Currently, all products that art* replacing esbcslo* in Ub many usee appear to prefiem lower risk. However. EPA will monitor thv development of substitutes during the 10-year phase-clown period. end will use section 4 of 1'SCA lu require (paling of substitute* If nccwiuuy to mmirr fhuir wifely. Awuxnlained mure fully luter. FPA to . iilito actively considering other opprouchc* to curryoat a regulatory policy of phasinq out the manufacture, importation, end processing of w*h*to* product*. Approaches under rontrictanilion include banning categories of aebefilp* products ai stuffed Intervals. Two cniOHorlea under consideration are asbestos cunetruction product* and asbestos friction product*, tinder this approach. EPA would twri the mumifftctunr. importation, imd proccsblnff of ail osbeatos product* wiihln the category at the pome time. HI'A U considering (his category U. Ufttkground KPA announced thal U wxt axplorioc possible uao of TSCA to reduce Ibc risk to human huoltb from exposure to asbetotos! In an Advance Notice of Promised Rulemaking (ANPR) published in the Federal Register of October 17. 1979 (44 FR 60061}. Following publication of the ANPR. EPA investigated Industrie! ond commercial use* ofasbestos. Under section 6(b) of TSCA. Pi'A promulgated an asbestos reporting rulo under 40 CFR 7690 published In the Federal Register of July 30.3982 {47 FR 3.W). This rule required miners, millers, importers, and processors ot asbestos to report information concerning |l} quantities of asbestos used in product manufacture, f?) employee exposure to asbestos. J3) wasto disposal practices. and (4) omission control practices. TTui Itifaroutiu'n reported undru* that role ha* been used with other date to evaluate the risks ruid benefits of asbestos tun*. in commerce if EPA finds that there Is a reasonable basis to conclude that the manufacture, processing, distribution In common*, use, or disposal of the dtpmlcal subsittneo, or any combination of such activities, preeonls or will uresmri an noreasonable risk of Injury to nentith or the environment. Under section 6(e){1} of TSCA. EPA must consider the following faolore when determining whother a chcmlco) substance or mUturu presents an unrcaaanable risk: (1) The effects uf such substance or mixture on health and the magnitude of the exposure of human beings to such auh&iftDce or mixture, (2) The effects of such substance or mixture on ths environment and the magnitude of the exposure of the oo\4rrmmenl to such substance or mixture. (3) The benefits of such substance or mixture for various uses and the availability of substitutes for such itsos. approach bemuse product* within ouch Under section 21 of TSCA, a person (4) The reasonably ascertainable of ihr cuU'guries have similar exposure may petition KPA tu initiate n economic consequences of the rule, after pattern*, raise similar exposure coni ml proceeding for the issuance, consideration of the effect on the Issues, and have similar substitutes. amendment. or repeal of u rule under national economy, small business, Kl'A believes (hot It may tic good public various section* of TSCA. On June 21, technological Innovation, the policy to ben such categoric* of 1H7R ERA wns petitioned to prohibit the. environment, and public health. products at the mime time. This future us*- of HslruploK-cnment pipe in After considering the shove factors, approach would uddres* similar exposure patterns In the sume wuy end wider systems. EPA granted that petition by e notice published In the EPA presents the following findings concerning the unrestricted mining and teat oil parts of nn Industry wlnr Federal Register of October 16.1979 (44 importation of asbestos. Including similarly, lu addition, both the FR 60)56). On September 12,166*. thn ashestoo Imported in product*. construction products category mut Um friction product* category contain products that could substitute for other Kutuntl Resources Uofanse Council (NftDC) petitioned ERA to prohibit farther use of asbestos In motor vehicle ri. floulih Effects and Mogiutude of Exposure Asbestos fuoducls in thi c-ntugofy if *11 are not united. Thu*, a ban of the entire , category may be necO'snry lorrcim** rtok must eflcctivtriy. ;; Hf'A also cimsidennl ri*lifrrlng induTlo* risk* to OSHA and CI*SC : umler section P of TSCA. FFA docitfird against this approach l*.u OSHA . and CFSC, in Bl'A's opinion. eui&nci. rutaipuiiely redacts the risk, given their authority <md curntol control tuchmilogtuB. Them' agendas cironnl comprehensively reduce the total brakes. EPA granted that petition hy a notfc* published In the Fader*! Register of Itocember 10. IBM |46 FR 49311). This proposal Is In pari e result of the proceedings conducted after granting thciM! two petitions. EPA hag Identified effective suhstllutfts for usbeston-cement pipe end Is proposing tn ban thut product. FPA annlyrisd the avaifabUity rT su!*xiii;tt(;s for axhrsloe in biskes but not prapured to pnipose an Immediate bun. Effective substitutes ore still not available for many applications of 1, Health effects. This unit summarises the health effects of usbaslos. Detailed dlacuastnn end ussaasment of th& health effects of asbestos batty be found In the MRcport to the United States Consumer Product Safely Commission (CPSC) by the Chronic Hazard Advisory Penal on Asbestos" (CHAP} (Ref. 1]. "Health Effects and Magnitude of Exposure" In EPA'* "Support Document for Finul Rule on Friable Atboatn^CoM&lnlng Mutertals in School Buildings," (Ref. 4| volume of nlw*lo* In commerce, and cannot protect ui! of the many population groups at risk. Tito*. action ashetUt* In brakes. Instead. KPA is proposing to phase not use of asbestos in tnokc* and ue murint forces to Hnd the "Report of ths (National Rescurch Council) Committee on Ncnoccupatlotial Health Risks of by these agendas under their weparnto cnnuuroxe thv more rapid development Asbustiforro Fibers" (Ref. 6). authorities would still leave a (urge n!Gduul risk to wcrktim uiul the general pnpuhilion- EPA concluded. therefore, that ibis approach would wl adKjtmtely address the risks to socirty f*vScd by the of substitute. As an 8ttomotive, KPA Is runsitieriog a ban of sclicstiw friction procluctB about 5 years after this rule is promulgated. Thia eltomslive would also tmeourago tiu* n>r>M daveloprwmt of KPA finds that Ibc adverse human bculth affacU from exposure to asbestos* are extremely serious. Asbestos I* a known human carcinogen thal nlso causes other lung diseases. Asbestos continued manufacture, processing. and s;ib*.titutes. . has been thoroughly examined In u*n of ttshnMiw containing product* KPA is r.unvincnd thal rufitricllona on Ufa fll. Regulatory Assessment numerous epidemiology studies. The lirr-thrcatenlng diseases that have been nmnufHr.tura. Importation, end Section H of the TSCIA auihorizac KPA repeatedly identified art asbeitosis. pnwcxxing of asbestos and asbestos to prohibil or limit by rule the amount of lung cancer, and mesothelioma. Also products is the surest and most elTuntivo a chemical substance which may be associated with asbestos exposure In sii fitttgy far eliminating thru* risks. manufactured, processed, or distributed Brims studies are concur* of the larynx. FMSt 02431 Federal Rcglider / Vol. 51* No. 19 / Wednesday, January 29, 1908 / Proposed Rules 8741 pharynx, gastrointestinal tract, kidney, and ovary and respiratory dieeeafics ' such as pneumonia. Malor huulth effects are discussed below. Lynx cancer Is currently responsible fur dm largoBt number of deaths from exposure toasbasioa. llhas been associated with exposure to all the principal commercial asbestos fiber typos, Excess lung cancer has been documented in groups Involved with the mining and milling of asbestos and the manufacture and use of asbestos products. Studios In which tho extent of exposure con be approximated provide evidence that lung cancer Increase linearly with both level end duration of exposure. Cigarette smoking and asbestos have e strong synergistic interaction in development of lung earner. Asbestos exposure appears to multiply the underlying risk orbing cancer. Consequently, when exposed to asbestos, the risk of lung cancer for smokers [far whom the risk oMung cancer U already high) Is much higher than that for nontmokerii exposed to asbestos. Most persons who develop lung cancer die witbtn 2 year. Many human studies Have oho shown that exposures to asbestos produce mesotheliomas, which ure cancers that occur us thick diffuse masses in the serous membranes Imetothelin) that lino body cavities. Mesotheliomas occur In the plfturo (tho membrenr. that surrounds the lungs ond linos the lung cavity) and the peritoneum | which surrounds the abdominal organs und lines tiiv ubdomina) cavity). Most persons who drsvelnp mesothelioma die within the first 2 yours after diagnosis, often after having been in constant pain. Epidemiology studies suggest that the incidence of mesothelioma is related lo dose and ilmu from first exposure. Awociation of mesothelioma with smoking i* weak or nonexistent. Asbestos libers appear, by for. lu be tbn most common umw of mesotheliomas. Asbestos!*. which involves fibrosis of lung and pleural tissues. Is another Mriotto chronic disease associated.with expoaurn to OHbcstu*. There is no nRectJvu UftuimvM for ssbustasia und it is often disabling or iatai. AsboBlosts lu diagnoacd from firding.t which may int-iude niitiogruphic changes, tewtihleasuea*. and nbnarmai lung fum.linn. Smce smue dii.-timl Kymplnms of Hthcstiuis un riinitai to l.hnvu of oOmr ftbrcKing lung disuHsuv. u history ni Di.cup'ihoiiai exposure to Hslieetoe s* often a key fixture of its diagnosis. 1 Asbeafosin can appear and progress I decades utter exposure, to asbestos ; fihc.n,. Under working conditions where I evontge fiber concentration*' in the air were high (more then 10 fibers per cubic mesothelioma have been diagnosed centimeter (f/cc)) aibeslosie bae among 626 family contacts of amosite accounted for more than 7percent of workers (Ref. 10). These figures ere observed deaths (Ref. 11), It ie much higher than that expected to lie apparently less common than lung found smong the general population. In cancer or mesothelioma at exposures addition, 35.9 percent of the contact* lower than the current Occupational showed chest x*ny abnormalities a* Safety and Health Administration compared with 4.6 percent of control IOSHA) workplace standard of Z.0 f/cc. subject* drawn from the some : Some recent data on the Incidence of community. A number of mesothelioma* asbestosis appear compatible with a have also been documented among linear expoaure-responae relationship populations whose only identified with no threshold (Ref. 12). However, it exposure was from living near asbestos Is eliU considered uncertain whether mining area*, asbestos product factories, asbestoais occurs as a result of or shipyards where osbestos use had rtonoccuparfonal exposures. been very heovy (Ref. 4). An estimated In occupational studies where the l00 cases of mesothelioma occur primary route of exposure is through yearty ta the U.S. among various Inhalation, lung cancer ond populations exposed to asbestos (Ref. 6). mosothcHomes usually account for Lo addition to exposure to asbestos about 90 percent or the excess cancers fibers In the air, the general population seen among workers exposed to is also exposed through various ore) asbestos. However, as noted to the sources, including drinking water CHAP report (Ref. 1). a number of other containing asbestos. Because of the earners, principally nf the petentie! for oral exposure os welt as gastrointestinal tract, have been the excess of gastrointestinal tract associated with oebestos exposure. ' cancers that has frequently been found These ere cancers of the larynx, in occupational groups exposed to pharynx, oral cavity, esophagus asbestos in the air. there haa been much stomach, colon, and rectum. Statistically . study of the possible health effects of significant excesses of cancers of the Ingestion of asbestos fibers. Despite kidney and ovary have also been those efforts, evidenceshowing health shown, in addition, the excess of effects from Ingestion ts still ambiguous. cancers at all other site* combined la 2. Corner risk extrapolation. As statistically significant in some studios. discussed above, numerous hitmen The conclusions from epidemiology studies have demonstrated that studios concerning the hualth effects of exposure to asbestos has increased the asbestos are also supported by results of risk of cancer and aebentoBle. Since e laboratory studies. Animals treated with number of epidemiology studies Indicate asbestos nave shown increased a positive relationship natween asbestos incidence ol fibrous, lung cancer, and mesotheliomus- All commercial forms * exposure and the risk of lung cancer, severe) models may be used to and severe) other types of osbestos are extrapolate from risk at higher exposure implicated from a variety of modes of to risk at lower exposure. The modal exposure. thaifff^ believes la mest consistent Most occupational studies have been with the available human und animal conducted on populations exposed to dota l the tinour fum-lbr*held duse/ high eirhurno cancentratioiw of asbestos mapop.sH model. This model assumes for relatively long periods of time. that {11 any exposure increases risk, and However, short term occupational exposures have also bevn shown to (2) the increase in risk is proportional to tho background risk in tho nonoxposod increase the risk of lung cancer and population and to the level of exposure, mesothelioma. One group of asbestos defined as duration of exposure times factory workers with leas than 2 months concentration o( asbestos fibers to of occupational exposure bad e twofold which populations may be expound. incruaso in lung cancer risk (Ref. 9). In The choice of the linear rnoikifs addition, thorn ore many documented rvusomihle since there is no evident** cun* of mesothelioma finked tn for a threshold level of asbestos extremely brief exposure to high exposure below which there is no concentrations of Ahbeeto* or Jong-term increased risk. It Is further supported by exposure to low concentration* |Ref, 4). evidence of cancers among populations Direct evidence ol adverse health whose asbestos exposure i* believed to effec ts from non occupational asbiwtos have been lower than levels reported in exposure alio exists. Persons who lived the epidemiology studies of asbestos in the housetwlds of osbcsior. workers workers mentioned above. buvQ developed pleura) raesolhelioma The model adopted by EPA to end asbestos-related radiographic . estimate excess mesothelioma Incidence chungea. In an ongoing study. 4 casus of' due to asbestos exposure rotates disease FMSI 02432 3743 Federal Register / V<tl si. No. m / kWdwc^vluy. jjvmnry '\, j Pruptvfnul Bute* m;irter,ois i*tU*r onri 'hr b*ni firm fi,i>i i Ofi -r* */ > K` r^pitynJ W w-thf.vt#* cxjmsvirc- (minus 10 yearct calami to khu third power. This mcctef rr|li*:ls ? delay for wioi.mim latency period) of ID ypnr** brw'.f-n first exposure ct thi* likely par!*#*' pussMilf? (ipfwiirnncf of th** doomso. UuU> thv June chucm and fMUMV%t:T*r d!ify;<n: *VS'kU'h*N envebiliV :*! P *y:<ot;<u> t tOYkYfvet. o> vprs. i2 litf bd.KtrHMiry rviderttc tmi (rvet urfcril.mn tj/c of tbr vt wtln-Mv't ti> tv (ikuvJ to oumaxupjfoiM) rxjatxun} ftiicMkioux Uvo con>rallitts< d-r.f.VM it to umonfi them to IW those fillers hart? boor; rwrasPiJ la Mto nirhltm) **U and ; t.mMdcr)lrlf: disluuo*' from th* stmi'cp n) iht* rftfiisi? AslnidoH fitter r^renfixfions bs*.t> bivi, measured ir. ure;^ fur from pUvioos asbestos srairivs. Aintusphcru. sumpUnp Pttxothflionw models havt* hIsu \itp.n Oiwmiiiadve ril va^i^frorrn. Furlhcnmnr. pregnus* conducted in rvuHtti rural ndopiwl by OSHA (Kef. IZl TV Nofmnnt Research Council (Aimmitiw- ki NtmuccupadonaJ Hh&ltt) Risks of AabrtifoTm Fibers also mbiptrd h simitar tinenr ivMhreshold model in rvfimuttr htfV to u(moccupf*tiQnnJ lHerniation* from exposure ui astasias IRel bVTfie de.riu&fionnmt vVidtH*n d the niCKlntn fa dlauusstd in ttotal to ita Cl IAI'report (Ref. 11 end inKPA'it "Regulatory impact Analysis of Control* on Asbestos and Astasto* prtufiwis'' |KtAlMtef.3|. Afilfc/upfa KJVt itt-tiifv## (hat it*t.va rrmrislity from tnu} cnni:~.rs other than lung earner wm? lOuaotHKitonia will occur Irt.tOi uxpt*iu<rr? to tistastoy released riu/ift l);f lj|w<.ycb* cd the pmdncry undcT sfud.r, EVA Umu cioi HUomplefi u> quantify that H\r*/x rourudity- Thu*. the mode) <rmtd understate the risk in hiormns from 'tpuftltfe U aslHtaOs, The r:Vh of cvstvstos-iuduccfi ditmr.sv. te modified ly severe t fiir.tom. A* ''indfiuned in the earlier ubruH-siijn *n hmp lutncnr. .wwVmp drnMr-fly iru-f trusts the mk <>J duct*loping Urn* earner fam exposuro to usl*>*U't. IkMiMCie of iltar \owvr uTt^t.^triy rial;. Uu* ItHuiutv ittvtvetitt of UuidmrJ* of funic cnniw m tv*asmohoi9 is about <<* tenth of that in. Smokm. However, t in|*lr*n* i;i:. ^;l u- the smoking fuCttir 1 if pussttiUd would itn.vv * xnlwtacfial hwrhh rk since Dm; risk of mwt-vtfuh'omu (whirh is apparently unuftecUtd by sumUi\p.j tmd thr rt->k im htug rmuo-r to MiiOKmnkwt woubisiiU Another r cKi .dl'-*.i ihr risk uf diSUK5l is fbr pf/swjl*ie (bffvrmco* in ptdoncy omong Dus diffemH' fiber typtn Th*` Nudtwml Kn^t.'mh 0u/i:ll (fiyf. 0,` xtodt-d fh;s lsot >'htl fXmdmlcd: Kw*.Um*I simlif* i*t gn*up>of t)Mt >l bi viiuuii^h tlin<< uir; : *u .*'** r* Ihr rnif uf fi'*ii 'ypr'ii* i-t-rj-Mini:* ii 1|> fW?r ria tor ' *C *(vvi:cith'; ton^rvonw w<w'it;i>b'c*nM. Arfl>luf (*< wpnU ulrilii'x iv eurt.uioti* in typ*. it imtu?o,v. ft- turnr tit the appurtnl dljcrepnndrs mn> Iv oplioaed by rtiffateftoes in ptiytcf of the fiJanm their ix#\an*\r*ik#%u. ;*ntl thex vbswt`krisita in the OUtercni 'i*fi.'/0mwn*. rhpsa pMjn*t.Hii'amssl ftioVk inring - (a view of du9 onceilhialy alxiot the poraRty of tb tmrbuis msIwsUih ty(es Md in tirw o? (bt? welirfovuineruci! fiaa/th hazard of fht most cirnnMfi f/?nrmbaia! form of asbestos. EJ*A.fcn <mnrfudod that It irprudknt Ur it;m *s)nao fiber lyptp *t having **qutv;*Wnt Inotoyicel aiTivby. Fitier enruphub^y h;is ;/{wv tefcit <iJie*vs'er! a* h factor lhn muy nCfp.ct incidence nf mtuistoS'lnduccd dbicasu. Animat .st<ir!ir;!< tn which a.'<laraos filiarN Vk p.ra .ip(<Vo,0by injection or imptnr*'nt'on swjRfftt lV.it longtr mid Fmr; fibers ere* m>rv c;iiri>'<OHRnVc Uwn sbi'ficr and c.ourxpc fibers. Ttvis fuie Wit. bcn'mvr. I>ecu aicfirmucl by inluitetton ttudius. KPA hns not differentiutud fiber m OKScsslng (he riih,'!>! of ;-5l>ft*VS first. 4ih***<r. rclrn^ed d<ritiy *he life cynUt of product* constsl of h pmit. r.mftr of dirwosioar,, tp.d':d*r^ tSowu \igrte.l Hu uwtst dungeroui. Stxxmcl. it litis ciMf liaen dtiariy nhokn that *h<'rt fillers pn a significantly smaller risk Nm dimeusiimui threshold for potency bn'- been o#ri.fih*bnd. it. nf O'.powriV- AvbeC05 fihnrs << ndrnscd hiiii** n<f during U stages of the UfiK.jxUi of *!. <.{ pfr-tbu :s. Vlbru release to lh h'.t hkcvo* di(fine ni>/rrl oparafiors of a`inin* and /r.ih;n,a. fib/ir procfi*g into pmrtur.t!i. instvdi^tion of p^odurfik ptoo.cv uo. nMinienanre n;mmtb.'j. dtvuanfitujl. ivfAtc.hl. and disposal. AnltesUts fiSe.rs hwv^. specUfi c.haracttkrtsijr^ alTuci cxpnstsu: They urn cokTfi-*s. odoiWes. ;*nd heouMtuly invisible except by microscope, thus presenting rlak In iut.jmni4 who r'> not mvare th*:t fhey 'fr:tv* be exposed. Asbestos fibers arr dv.culfie Had hv\ nrwt)\ n.tf'i'ic proponic* thui allow ttivni to remain stutmndMd in the ui* for * hmp time. Th!> ;re. ureas tn the Incited Slwios ami Germany have Tound asbestos fiber tevets Itctwuen n.cn ar.fi 0.12 narkOgruhi/naiiur'1 ivp ia imt>l>dUrnth of a gmml Gmtvarklan junur* b^i^Vi?n uslmMnp fiftCT counts ami '.roias t.- *n> aiv . vimubU*. However. EPA tsttmntir* fimt t ng uf asbestos in uir equals about .Rt fibers visible liy light mlcrvacupy. Using (his umversioit factor for enda*:** in OiUdcnir nfr. (hen the above measurement* m>y (hr 6i|t>'va<eni ui Iwivi to 3.8 .`.W * I/O., tnunsaa of ifighor huntan populathin density, measured asbestos ccnceninttions *o tta? air hfu typically much grentet- A survey ol Ufitu cilitts showed mean readings of 2.8 to $.0 ng/a 17A k ID' Mo 1.5 V10'4 if ci'J. hV.uauremmtfl taken in New York Cily ranged from means of 8to`J0n$Jra9 fi-A <1(1"* to 0-.tO'4 ffee). Typical fiber cimcttntrationrt ore much higher in dmsoly populated tiroes because of fiber nilussa from cnoaUucUon work (inducting mnov-HWcm o< dttcuulUhu(. front usbesio>'CtntHiriifl(( brakes uf molar vahicka, and from other activities during the lifrtvdc of uahesCus products. )r; grriere). levels of asbestos in (he sir in dtit>) and near manufacturing plants art r.orwideri'iriv greutnr fh**n ruml Uackgiimnil luvn-x Thus, ihrwughnui thvtr entire hfecyd*?. that is ihrM'tgboul their manufnetore. prpcessiog. usn. nnd disposal, asbestos ureducts teave u legacy of asbestos In the Htnuiem air. This ambient Uwt. wliile difficult to quantify, is u slgjufitanl proWnm. The NuVmrvA Aundumv of beieftefis. after aocWttng studies of outdoor mr. esfimutod ty-p^ concBUtrulioas of nsbestos In outdoor amblerit sir in urban ureas to lie approximately A00007 f/cc (Ref. 0(. Mhiiv millions of people are exposed (* ihoss levels of asbestos in the sir each day. Therefore, any comprehensive vmtitrol trumpv mast take into account (ho pot^ntiat (w nxposurr? during (he entire lififcyda of aabestoa products home product* do not present as much po?ntfxi If# raiefottM to the omitlent air slivis-'s.* r*t*-* *. with'*u m nr;Vu'dejjfiulahlv and ihenduie |jfrsi*i during certuin stages of tbelr lifecynk. fWMlry, ih.- -UuiSt: iukd-^*us.y ?<f'rc:i n'mvUiUIs h.it i' iirri>*>'>*!1 fJi*i i.vell->b!<( li iv.l>V4'0- >:> ;J1j*aO*K jfc typtt itumU svumiwtly v.pvfl U U>. 1,1 in!*y* .-H.iir*. is lr* hjizMrtiow >h.m >h<- for m very \ong firm? in ih' i nelrimmp.nl. Aslteslmr fibers na>),v tr^ntpr the u'.tunxphrfH nfim se\tU\^ out imd nun travel distances through the Hit. A rvj.'itri from Finland found Hud esbraUiK For example, there are likely tn he rt-`i*Hse to tht* *m)>ir; air during ibn rmonifMCture. pnn'.^eeing, InstaDotion. unfi repair of usbegloS'Cnmenl pipe. However, there. gmwiruUy will be no ..f*> - f,V>'.iftiRKltM, Ufcprcuiil.V had t*-uvl*>rt as fur as '7 kilomelnrs reUuute o( axt*BsUts tn the amblenl air ; .I*, *'!'*! '*'. Si>r)i lv< ^ 1.,*y' fi.'S-il fi*m. miiiK iinctor slndv. r*rif(nrs u/i ! during urtiwJ of M*b`*tn**oTn*mi FNISl 02433 Federal Register / Vo\- SI. No, 10 f Wednesday. January ?& 19R6 f Proposed Rules 3743 pipo jj*nnp h. i* cornmmly Imrtail in ibo A Mjrlion *|J Ihe )L5>. . popul.uiun >s 3i risk fnim Ihift asbestos in Vh*' .:ir. I ublroi J IH&how the ; U> etbebtu* dm v-'-X, th more readily nusnVifisMft *rt$ns ol tin.* lifccydr. of atihusloa = pvlvds and Uts levels to V.tfuli they an; expos'd. Rxpoihtm lovol* ro "bent FTitiivnW luinod on tuonitaiing udlcs. Adililionoi infunnalitm rum h*r found in ?. ou i 3 whir.h are in:;!urte<| in ihp ndom.ikinti rnt-oixf. Tu jvnld disnfosing onnfutaniinl bntinett ipfonyiK'.lon. dm tab)** Hometimrrv u*e ran^e rnthcr lhnn u singlo numbnr. Tbo notation NA means that 1h1u nrv not available. Taqu -~,iPsufl data fan UAHUfACTUniMO--OCCOPAl (0NA4. Abcstcn *u> 1ItreS to* if n FA**wet o* FK3n PH>o*<4 *io........... . ..... BaWHiM 9>kt papn._... K(p><yrt* VMttnr^ OdHi UMMWrwd IWMg taA ...__ ... S**4ftj p*pr. _. ,,.,---------V. fc !* Mu-------------- ... . f 'V Onuetn^... A;.-w*oo.-r*rM^**}* . ... A/r.*tee-----------------Co>9w AfC *He*1.--_ A/C fihw* Pwpe. - ....... frigm tp4 l*vg __ 0*e*U**(t.vj.. ---------- -- 0B>r*Nc *r4t* ____________. C*rtCT HCM*............. ... Ftc%r jrn&irK --jtAfwwqic *&*............. . .... --M.-- frfMr\ i*rtlw5t-^mn>uK.T4t. Ctotn ............... .'.. ..... Thm'..... .............. Stoff gMiina....... . .. ,. P-KM)___ ______ .... SuttKo omAi^s ......... Puna --.............. MbdjfcWV.. .. WM4 BMs____ o**................ ::q 9At tu so* 4*3 ItN t<0 U13 HA OJ HA 861 i.Ol tin m 1.447 1AM (009 1006 U?4 0-1*0 0-1*0 -60 *04 41 4MS0 0-300 n* 62 660 TiA 6)7 0-1 SO 46 3-lid \xn urn 0>(S0 456 410 810 . 1M I.Mi n *i6 ft-lW 3.3U2 (60-300 HfO I 64 J 6* 600 436 706 tfH ** 438 0-1S0 1.M iCO-JOO .j NN*l1 j 11,0,0*300 .... TABLE n.--tipoeunt Data fop ManyrACTumno ambwnt i9. .. . ... -- ------ PtDOr* ...._... ..... tVMir.-a&J 5*vr* pm*.. Ofcrccf mo*0. .w.... rooAng Xft s*h><14 igminj toll.. . .. f*(Xn9A.... ....... sovWt? vra new ...... .,._....... A.*C poe..........v................ rtM A-V. *1............. . 1/PJ naitio O0fi ^otsa 31W ootea ooia 1C.OOO 90000 1604)00 tto.ora 10.000 waoo 00.000 ha 10JOOO 600400 i abi r n. -?apo5hir!. Dm MnM/fAcr UPitA>-AMBiei|sT'-Cv>on6rtue<l ........... ........................ FH*V<OuTrfl Ftovfc Nm6* Of Pnn * N moose* tfctliflpuo AX, vm ... _ .j A.t* j.r-.'i xAVw. ............ ............ OttaT.f> lr*0...................... 907 .TOT QMS) Dfv:osAk^v<rr.7 ........................... e*kM0lucis............... . _ . ... 009* 0W6 C6icM*.T99 ______ ............ 0069 f-CV. 0V9- mtoH ................................... I ricion peooocW- ctmrcM.. - . 0069 DOSO Weflu......... ......... ............... ......... 0694 ............. .......... ....... 0664 9>44(M4*w<g. _. _____ ..... .7328 tto'tj'g. __________ ___ --... SsH*r* ... 7339 00009 e.sAt------------.. -- 00002 runte*.________ __________ thou hreawijn.-^-._______ _ *4 hlbuf Rk> .... ___ ..... ... HA OtMr .. ................ ..................... j HA TTU0O 310.000 73(1000 360WO H ttcfm 7000 H* V.U UMO 196,000 600,000 WJ3QQ 900.000 iXOJfJO 1430.000 NA HA NA Table III.---Ttkpoeuio Dais Fo< tnslaHol on, Use. Repak. end Dispoeal AW>9Mi fHpst/tftponf 4nm pocAo ___________________ M* 4tM |*o* M/ata or wfiomS Ewno* Vyi Nwibv o IpB--i cowwf+m papo...- NA HA 043M $00 ftH** pvm--..... ........... CMttcd -------- Ursh#*lA6 Ml. .......... ..... .. 6rnRD0'flgilrf HA.. fmjcpqHU------ ------- Spnno poo* y/A (Iqoi r9-M0MdMn% o*iV - ___ ---- A/C pi0................. pop K/t: cfiedt ^..___ _ Cone*Wtf A/C (No* A/Ch6ftMl9MM. l>-ifli|xettM4rtn6..^. OritNAiiHV)------ 0(54 PUm vHV)^.__ G>i NA NA 110 (66 10 NA <30 90 HA 4.000 4.700 4.700 4400 HA NA NA HA f<iO*on *ao**oo tranoMtOon...-.- .... fficM ycdKiAw , CBfftnMCM____ _ doth......... .......^___... . . __________ tihOtrt -------- (HctarG. w-- Sm1c oirg< . 6*0te*t------- --------- Mn*c____________ ---------------- WMtmi.... ....... 0M__ ___________ HA HA 674 HA 100 13 190 NA NA NA NA NA HA HA \0 1M7 tAZ9 NA Tti K,*00 NA V7490 6,147 na 1C9Q NA NA NA NA NA NA NA 050 NA 4.SM 3.41* tCOfiOO HA HA NA NA HA NA NA NA HA NA HA NA HA NA HA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA NA HA NA NA 690 366.140 104 104.033 109 1.149 NA NA 380 36J94 HA Na HA NA on so HA NA NA NA HA NA 744 NA HA NA HA NA 00 $00 NA NA HA HA 4. Exposure from imported aud exported asbestos and asbestos products. EPA heB determined that slpnlfjcenl exposure Is like!}' from Imported asbestos products. Although some exposure to United Slates populations [s avoided when asbestos products are manufactured abroad and Imported tether than manufactured domestically, significant exposures will i *ti!l owir after thelv Import into this country. Exposures will occur during insinuation ami use of the product; maintenance of the product; end dining dismantling, remnvnl, end disposal of the product. Much asbestos can be raluatm) to the umhleot nil- es a result or these ucllviiles. Largo numbers of poople ate exposed to asbestos during these activities end the level of exposure can be quite high. Significant exposures will ulsn occur during the domestic life cycle of hulk uabestas and asbestos products manufactured In this country (or export abroad. These exposures will occur during the mining and milling of asbestos fiber and during the processing of fiber Into products. There ts much exposure to wotkers during tbe mining end milling of asbestos end manufacture of asbestos products. In addition, ramifies of workers, and populations living near mlningend manufacturing sties are also exposed to asbestos ss a result of these scUvtdei. 6. Exposure from various categories of asbestosproduvts. EPA has noted that various categories of asbestos products present very similar exposure pallnma. For example, the products within the construction products category ell present algntucaat potential for fiber release to the elr and subsequent human exposure during thetr Installation, repair, removal, end disposal. These products are often cut, tom. tewed, end drilled during (ustaiiation repair, and removal. All of these activities can reteese fibers to tbe air. In addition, sanding of these products during use often releases fibers to tbe sir. . Similarly, productswithin tbe friction products category oil present significant polential fot fiber release and : subsequent exposure during use end repair. Friction products wear dowo during use. often releasing fibers to the sir either ddrtng actual uss of the product or during maintenance or repair operations in which previously confined asbestos-containing dust ts disturbed and become* airborne. - Often, fiber releases from asbestos products in these categories occur in close proximity to other products within the same category, making It difficult to attribute observed fiber Isveli to a particular product. For example. EPA used monitoring data bum automobile repair shops to estimate sabeitos exposure* resulting from repair of asbestos disc brakes, drum brakes, clntch ffidnge, and automatic transmission friction components. Because there are no dels available lo estimate differences fit fiber releasee to the various repair activities. EPA FMSI02434 3744 Federal Register / Vol. 51. Nu. IS / WwJncsdtiy. |Hnunry 2. 1HHU / Proposed Rules xpo(*uri! ostimutm. tur euch product using <i weighting chme basftd <hi the reUMvf production vuUimee of each o) the friction products which arc the Miurueii or Ihw Hxpusvre. Similarly, U is common for many of the puboetos . cnextruoon product* to be used at one 'aiiidiag site. making il difficult to a-tribute fiber mtease to ww; purtjuuiur product. The ostknHtiun of umbtonl exposures duo io rricuBiw from individual conduction products, such as the various flooring products, was difficult since monitoring dale were gathered in buddings whvra more thnn one type uf asbestos flooring product was in place. tor these reasons, CPA believes that it may to appropriate to consider cnlegodal approach to analyte ih$ ri*W presented by eabftstoa products and to control that risk. TaWe IV lists tho products that are included in the construction products and friction products categories. T*3LE IV -14UPlS OF AS&fSICfc PrtOOUCT CateocwuEa 03 PWtflK.'l ***W4 potfud 0*06*1 C*9ory. F**<** pnV4 l.'MttAM *** ML M Wht Ml Ft)arit M vy Htmtov r mb. fVL feefcM wp Hoanq. A<C pip*. DuRwpitwi A/r; *ml fUJ */ C wwt VC <*M* r*ig. bran too* Mop 0*c OMto !LV|, One uc*k*k iWVt, OiucU. U>Wt3i lnrgi* Frrtor praO*tt-ovtpMlc M--inu so*. Fwnw v'oqjP4-c*n ti QdCHUitjiiva uutuztr ri&ft estimate. As d'scv-nsed above, there exisl many asbestos KAjNiure-produuing acti o lie* lu which many kinds of populations are exposed. Applying the cancer models described above to the available data an exposure and populations, liPA ha# estimated VhR number of cmicers that may be avoided by Implementing the EPA's proposed regulatory program. fA full discussion of the risk estimates is contained in the ``Regulatory impact Analysts of Control* on Asbestos end Asbestos Product* (Ref. 3)". Using uvuiluble data and ssi-unring current exposure levels, EVA calculates that about 2.880 lung cancers and mamthellontas in.the United fckute* would result from production of estoslos product* over l.r years without EVA action imderTSCA.EPA calculates that this rule would avoid about 1,1*30 of those potential cancer*. Assuming thel OS1IA achieves strict compliance with a PFU* of 0.2 f/cc. EVA calculates that about 1.92$ lung cancers ami mesothelioma* would result units* RVA takes action under TSCA. EVA nth.'.tbt'v* thri thiK <uto wuuhl avoid 'Ju'tag repair, removal, and dispLUtel nf about t/rtfl of those potential cancers Mshfefttos r-r''ducts other than frlotlcm F.PA also calculated ihu number of irorjur ta irod cloth. ' potential cmicero a voided by the regulatory alternatives discussed luu-r. Assuming current exposure levels, alternative 1, which would bun the asbestos construction products category and asbestos clothing soon after pmmul^iuon of the role and bun the asbestos friction products category abrvut s years later. would avoid about 2.ICO canccro alternative 2, which would ban the asbustoe construction products category and asbestos clothing soon after promulgation of the rule, ban the asbestos friction product* category* about 5 years later, and ban the cL FPA did not make m worst c?iih? walimate of asbestos risk. Rather. th<> iiak cstimntes were based on n reUitlvfcly conservative Interpret/ilum cf . the du*e~re*pcmse relutlonsblp for mpfotheliumH snd lung rancar, Risk ttstimales more than four times as high could be jusi'fled (Ref. 9J. e. FJ^A did not attempt to uuu/itify reductions of cases of ashestosit and cancers other than mesothelioma and lung cancor. These dlseaaea may add Hi to 20 percent more deaths to the Intel. . 09HA estimates that at an expouure of remaining ashcwlns products about 10 D.5 ifcr. over a working career, 12 . year* later, would avoid nboat 2,120 worker* per t.onow^l develop rv.nr.era: end alternative u. which would asbestos!* (Ref. 12). Thu*, Incltfoucn of tom ih* asbestos construction products aebuBtosis could be cignlflcant among attitfiory and aatobio* clothing soon worker populations and possibly among after promulgation of the rule and cover other populations a* well In addition. In all other attosUis product* under the n m:i}or study nflnauiatlon workers phase-down would avoid chocI 2.020 exposed tn asbestos, about 10 percent (if CKin.er*. KPA believe* thc&e estimates of potential number of cancer*, and ail e\(*a death* were attributed tn enneors other than )unjjncer and mesotneUoma (Ref, 11). therefore the potential number of cancers avoided, may ba low for the B. Euviainnu'tiiaf Effecln following reason*: a. The estimate is bused only on exposures resulting from manufacture of asbestos products through the year 2000. Without regulatory action, manufacture of asbestos products may continue hovond that date. 1). The riel estimates often do not include cancan from consumer and crihetr nonncccpational exposure* to Bsbcsro* since dura are either unavsiiliibte ur uncertain. However. H'A Sect ion Ole] of TSCA requires that ERA state the relevant environmental factors ond key consideration* which form the ban!* for regulatory action under section 8(e). The unreasonable rink finding of thi* proposal 1* based solely on risks to human health since these risks are by far the most serious consequence nf commercial use of asbestos and are sufficient tn support (iris proposed action. believes that many people in these cBltguries are at risk. An estimated lifetime risk of ennenr of about 1 in ICXJ.000 lu obout 7 hi IOO.CjOO exists fur anyone who morely resides in a major C Benefit* ofAsbestos Fiwiucivoiui Ava'lobHily of Substitute* The benefits of the asbestos' coniHlning products affected by the ca> hum PKpusure to usbesto* In the proposed rule ar^ditcuseed below. ambient air both indoors and outside of Overall. EPA finds that the benefits tw buildings. (Ref. Gj. Any edditlonal society of these asbeolos-contoining expi;uurr from usbeslos products, such products are email elm* suitable as r.onsumor renovation of a house substitutes are now evailutee for moat comalumg asliesto* products, resldlog use* and applications of atbeetos. and or working near plants that manufacture product* are being developed that will asbestos products, or residing or wcrVing in vicinity of a construction project where e*bactos<mitainmg products era bring Installed or removed, v. (it add to tlto risk of cancer. Thin additional oxposuiv couid increase the lifutinu: risk of caoccr by more than un order of m^gniludy. The riflk ooUrobtea did nut include alt w orker* whoso occupation causes them to cume in conlsct with sebeslo* replace almost all uses end application* of u*hrstos during tbe phase-down period of ibis proposal. ' 1. Substitutes. Tho detailed results of EPA's analysis of the availability of suitable substitute* for asbestoscontaining products ore reported in Appendix R "Asbeato* Products and Their Substitutes," of the RIA (Ref. 3) and am summarized In Table V. product*. Fur example, the estimates do not Include occupational exposure FMSl 02435 Federal Register / Vul. 51. N<>. 11) / Wtnlnumlay. )anuary 29, 1986 / Proposed Rules 8748 Taste V-Sumuarv Tsu of Asaestos Products. Them Major Uses: and the Extewt to Which Thev Car se Suserrrur. EO ^HMtoMfc* 6*d| few* ' Asdexv* oot'oed Wttof to-r; : rs> Wing*.' *>i^ ... .. *Mksnoto*y , I vMto BnD"9 Wtettoi 4*0*4 to* i'niY to*. /H1i O'** iW * bfcftao >V uM4<*>9% -i to*tq?*n. h Sbhtfee-y, Onn *:%.; ***> TTi'Vytl **4 CtoroM #vi r/rntfevctoi* tufce oy<v toitocflonel MHutotoyrf-*9fltrn Mf *'9* to 'o' * oor I wvt'lkOi ] 8c(q M-tscn <arlv*rri ] qP0 lr. !rdp^w>* i <**agrsnA la**'*). ' ' TtLEasfl & .'OOfr'IJ . Is* KdfctoWfl*, h4i M}i > ffibMrgn. ftnDOMnti t< saanu*?*1 fWar-*.*l QMMtl. Rr*w t*r* ___ 1* i 4angea*j * Toj**to rn(*e*to 80*^ (MCI rar ea-** f* ****" ***> M^rfetocuw Mrtaht.Uo tofcnfcirtj. * . UM| C^to**. yvainn rtlW^Mt . Cowiwrtotovci. OarwsM'ra'wckn ptgm A w*tor ConuQKwJPYt#,. fePeWrv*-a>totgl 4todt*H'*i6i l>Hbr4*pad ftjApowM) **** s^Ndotl. vkn ti lawn nHot***pidi C***'*** 7> Qfrhk % MOMO Indian TW^Kn. Orgnoikil^i Corapna-43 ql ' (ftp* #imdm* ^iwhioVJ 0*1 tnfalrtinjsrMwjtiOft. kffertMMy iOMreMngwu ino^wWs* towoW - *ton*rt. *V> B<-to toofciarf top*- feon&to* ' ration. - - **.---.--w. To propci t . atowtot iptowai torttone noMkto Ttea v--Suwvart tabu of AaaEGTos products. their major Uses, aho the Eutemi to Which the* Cam sE Substttut- EO--Contmusd ' - Asbestos aaturaetjc transmission frlotlrm cooipotmhts grr currently being replaced with cellulote-based (riettun components. Only one ofthree ddroralh: gfi<npr3duu famiftotot ' toIMVK*to ra* to MH|fabtou joto manufactureTM of dutch facings make* : them using asbestos..Qutch'Udngx made of fiberglass ara'textile fibers have basuu toreplpbii sebestos facings few* to significant extent Kowaver, these substitutes are Inferior to Ihu osbeatos *nif pwQMri9- Tn wm* totscii n K dnldr todngi In durability, qutntdma, p*st* to ttottoifl oqdto^VV ; whtonvototot ra*pi*m. MotoGtwrttoMv n*s^]to0n to nator. FWw<v* and timstla atlength. Product . davetopmant la uontiitulng. however, to U Improve fiberglass facing* to increase strength, wear, and abfttly to withstand . cra ' tvwy b.i\ pra. w^Uncw. ....... Wnp to <j*a oi. MmIk, to itf4to9KT*S hsat lhrough the use of tpiudal binders. Aramld-tlber-bnaed dutch facings are also being developed. Kowaver. these . r have boon relatively expensive compared tu the asbestos and fiberglR'" . dutch (adngt. towM .......... PttMttCb * Samt-mstaUlc disc brake pads have eonwytR totonh QsAH*q < *V**K*wt Qtoto*ng.,,.,,, Mitoito4io wtostoi #*> Rtu Q Blrt or ts*gto*wia.s<i ctrt. to Md. MeutoQ to*# it, to d^*rs^M ktotoMtorys^bi o*u. . hv^iKott ito MfeQto *crai largely replaced asbestos discbrake pads bi domestic can with front wheel ilrive. Currently, about M percent of nuw domesLi.: cere have front wKbsl drive end ere equipped with semi* metallic front disc pads. Also, a number to of broke manufactureTM hare begun to Introduce an sramld fiber Into production of disc brake pads. The dcvdoproenl of sutwttlates for to asbestos drum brake lintngs has nut team nearly as successful as II hex been for disc brakes. ManufactureTM have Ms*>7toM*P reported problems tn processing to Otoatou. imftmk? leatoptoMs^g. nunesluwios fibers and problems in muottng standards uf 4urebUl<y and bent *, to tow resistance. There bus been limited intoMr^n.. ------------------------ ta ... >.L-w-- ss.< 15 W. A progress to date. One autnmobfle manufacturer has reported that It* now The following example* illustrate U>s minivans *ro equipped with seml- types uf eulralitutu* available for thow melHlIlc drum brake finings eml one ealtcatna products KPA propose* to ban, brake mnnnfacbirer bus begun either to tfili proposal or ta one ofthcS marketing aramid fiber-bssed lining* for lugulstory alternatives drscrthod In this the rnplacstrient UreVematkst. to ; proposed rule, Including the category of eddilioA' one automobile manufacturer anlieslos construction products sod the ba* reported progress In dev<.loptnp a category nf asbestos friction products. A noneabosto/ dram brake Hiring using as mow complete analysis can be fouml In arnmtd fiber. However, domestic cor the Regulatory Impact Analysis (R1A) mimafHctuters have not begun InstaOlog (Bcf.3). sramld-based orseml-metalllc-beeod a. Million pnx/ui.r*. Substitute* exist drum brskns linings on new vehicles Oi are being developed for almost all except In very limited applications. A usu* of asbestos in friction products. number of other substitute fibers are Replacement of asbestos In Exlcfioa being tested by msnutaatorera and may products lias been more difficult than in have polantial as a substitute for - thv other ssbeslos product categories ' MSbasloo in brakes. Wrauxq of tbs unique combination ol' b. Aalxjatus cloth pivriuct*. Asbsvtoa physical properties of asbestos which doth baa bdetobsed es e final product la make it so well suited for friction safety curtains, firs blanks!*, protectlk product?, c.g. heat resistance. coirushm slothlttg. and hlgh-teropereture conveyor resistance, high lenatls strength, thermal befl*. Asbeitu*cloth U used os an Input . stability. aadprocotsabtHiy.ltowever. _ product tn gusketa. pecking, friction substitutes which ant ossify as cost- . ' ' materials, and therms! and electrical ' effectives* asbestos products haw - Insulation. ' been developed for mast uses of ' Tharo ciirreqtly ate e number of nebestoe In friction products. iiiliyUtute fibere for esbe*to* use In FMSI 02436 jZjjL :__ K^ter / Vol. 51. No. 18 //Wednesday, January to, 1988 / Proposed Rules doth. These Include glass fibers, . somewhat less suitable than those noted EPA has found that price dirtercntinls caremlc fibere, carbon fibers, organic .above. These include various plRstic and between asbeeto* end non-nsbeeloa fibers, quartz fiber* end cotton fibers. vitrified day pipes. vinyl ehmttirg are negligible. Overall, Replacement fiben'fnr asbestos In cloth All of the substitutes considered are the becking is a small purl nf ill" total ue* depend upon the epeclfic well established In the pipe market and cost forvinyl sheet products. applies Hon. Subettlutes appear lobe available for alraoel nil hlgh-temperature applications can be Joined to or replaced existing asbeetofr-ooroent pipe section*. d. Reefing fell. Asbestos rooting felt le Maintenance end service life ere not materially effected by the bucking. The wide rertga of prices found among of asbestos doth. If aebestos cloth were used for built-up roofing, primarily on various vinyl flooring products urn not available. KPA expects that the Rol roofs TBullt-ap" refers to the mostly attributable to (he colors end following substltutee would replace practice of layering felt lengths on top of patterns nl the vinyl as well at the asbestos cloth ea follows: each other with hat roofing tar or ' wear-layer thickness. Fiberglass cloth products: SO to 60 percent. Aramld doth producta: 20 tn IS asphalt mopped between layers of adhesion end additions! weather protection. f. VinyhafbcBlot floor life. Vinyl- asbestos floor tile Is used in numerous appliesItoni, but hts been espuclslly percent. Currently, less than 10 percent of popular for use In heavy traffic ureas Carbon/grephits cloth products: 5 tn 10 percent. Ceremica and silicon-baaed doth products. 10 to 15 percent roofing fell sold contains asbestos Organic fall, fibrous glass felt, and single-ply membrane rooting ell Have greater snares of the flat roof market such as tn stores, kitchens, and entry ways. Addition of liber contributes to abrasion and Indentation resistance, dimensional stability, and resistance In Becausu of Ibeir lamperalunj and then asbestos felt. moisture, best, Hnd oil. _ Heme resistance, Bibeetoz dotblng products protect wearers from fire and beet However, substitute products have been developed forasbeetoa clothing products Aramld cloth products can substitute for asbestos In protective garments, but ere more expensive. Soma other textile products made without asbestos are less expensive than the counterpart product made with asbestos doth. Substitute products for asbestos clothing Include nomex. fiberglass, end setex. Aebostos clothing has been replaced by substitutes in most or sU firefighting end Industrial applications. c. Asljcatos-cement pipe and filtinjp. Products in this cslagory ere manufactured for various uses. Most pipe is used to carry water or sewage. A small amount Is used to carry chemicals or is used sa sir ducts Pipe varies in nonstructioo depending on nse sad such factors us how deep II will be burled, the rets of fluid transmitted end whether It Is under pressure. EPA believes that at least ono suitable substitute is available lor each of the many pipe types end aloes. Based on irJonaQtiuD from manufacturers. EPA concluded that operation end maintenance costs end sendee life of all products ere assentiuJIy similar, Asbestos-cement pipe does not dominate any segment of tbe pipe market, but Is popular for certain applications such os carrying water at low pressure. If this rule is promulgated. :. EPA expects that the following substitutes will repines asbestos-cement: pipe as follows: Of these three well-established products, fibrous glass (alt most closely approximates asbestos roofing felt In purchase and installation prices and service Itfp. Organic felt ha* o lower purchasa price, but has lower insulation value end moisture resistance and a somewhat shorter service life. Slngle-pty membrane roofing consists ol u laminate of a modified bitumen or polymeric system such os polyvinyl chloride or ethylene propylene diene monomer. A typical product consists of e five-layer laminate composed of a thick plastic core protected on eeeh surface by e Inycr of modified bitumen and an outer film of polyethylene. The purchase price nf single-ply membrane roofing Is several times that of asbestos felt, is about ss expensive tn install, but la expoclcd to hove s longer service life. Single-ply membrane also has the advantage of not requiring the use of hot asphalt during instsflatton- e. flooring felt andfellRackod vinyl sheet flooring. Asbestos flooring felt was used as s hacking tor vinyl sheet flooring products. The fell confers dimensional stability end helps prolong floor life when moisture from below the surtoce Is a problem. EPA does not bellere the) flooring felt Is currently being produced tn the U.S. A Targe number of non-ssbeatos vinyl flouring products have entered the market In the Issl Syesre. These products Indude sheet backed wilh felt containing fibrous ales*, cellulose, polyethylene or polypropylene fibers, ceramic fibers, end plastic foere. Also available are onbacked sheet and Currently, the most suitable uvuilalilv substitutes for vlnyl-usbettos flow tiles are various asbestos-free vinyl composition floor tiles. In plans of asbestos fiber*, manufacturer* era using synthetic fiber* Including fibiuiu glass, polypropylene, polyethylene, and cellulose. There are also several types of vinyl tile* that contain various fillers and resins tn place nf fiber, Many nonnsbcstns vinyl tile products have bom an tha market lot only e few year*. Consequently their service lives are not well established. Gome industry contact* believe the non-asbestos tiles will last as long at the asbestos tiles, while others believe service lives will b shorter. EPA currently assumes that service lives of the oon-esbcslos tile* will be about one-lblrd shorter than for the asbestos tiles, g. Aebeetut-cemenl sheet. Thera ere u number of cost competitive substitutes For asbestos-cement sheet. These include both products using substitute fibers snd other product tubstltatcs. Cluss-relnforced concrete Is suitaHIn lor mosl corrosion end hssl-rasisUmt triplications where asbestos-cement sheet is now used. Clees-relnforced concrete Is widely available si a price that has been declining relative to that af usbsstostaement sheet. Cement-wood board le soitsble Cor the general construction applications of asbestos- cement ibeel The use of rasfns snd surface coatings with oeaent-wood board makos urn product suitable In weather-resistant applications. Pntyvtoyl eWorld*(PVC) pip*------?t praset Ductile Iron pti*-.--_____as perotnr PrrstnSMd concrete pipe--__ ___ 4.2 parent Rr.lnferred concrete pipe--... -- 0.1S percent numerous tiwdfUooel flooring products such ee ceramic tiles, capettag. end wood flooring. Among these many " products, coBiununs will find adequate In the aiding marital, asbestos-cement products have no cost advantage aver gelvrudnd steel, aluminum, or concrete. However, asbestos-cement sheet may These estimates are only approximate ub*tthjte for my particular use of - have greater-amnion resistance than end dn not taka Into account other eabtitos containing frit or fett-becked - the ofber prodectc. In cooling towers, possible substitutes that EPA considered. flooring.. ' polyvinyl chloride products or uremic FMS102437 * , Fwfairi Register ( Vol. 51, Nu- 19 / Wednesday, January a, 1B08 ( Proposed Rules 3747 tilo products on# cost cufUpaUtivo uml a. Fibrous glass appears in be InUcndad as asbestos substitutes may are suitable for moot applications. Ttvsrv ixwslderahly bias hazardous than wish to dismiss their.plana with 6PA ' am also a number of product* that can asbestos based on (1) morbidity and during a pmootfee consultation. 6or4\ a substitute for asbestos-cement sheeth* mortality aludies In workers, (2) in yiV, onnsunuKon can be arranged by <1 laboratory desk top.end fume hood and in ritto exparlaental date, (9f the contacting the Pmnoflco booth. However, It appear* that order of magnitude loy^er expasuro Commonlcstione Coordinator by comparably priced products may out potential In tho woiimlaoe, (Ifthe telephone at (203-383-3745) or by fully mated) the qualities of sabestu*' gonereUy lass respirable naiura of the writing to the Prenoticn Communication* ixnrwnt ahiiul to tltcme applications. . dibomu fibers, sod (ft) tho Ian durable Coordinator, Chemical Control Division h- AHb**6to4<cnH)iil nhit\pittA. Tharc nature of the fiber* Lo the brigs, (TS-7W). BnvironmentoIProtoctioo ore auhstitultf* for ubu*tu9'*einum shingle* for both rooting ami skiing b. Mlnorel wood does not appear to preach! the afgntfloint risk* that ' Aganoy. 401M8U6W^ WasbUigltm. OC 20*00. Through e. preaotfoa coiuultation. applications. The primary substitutes (or asbcsWt ddes bated ooft) limited ' CPA can tnfovm potsntial PMN asbestos-cement roofing shingles ore animal data end morbidity and submitter* of legal requirements, asphalt-filmraUss (imposition ahlngirw, mortality studies for workers, and (2) cedar wnerl shingles. sod various the lower exposuia potential In the possible KPA bnallh oonoems about lha MibstancB, and possible test data that nynthnHi; and natural tiles, such as Munniy n^oHog H1 and cuncretu tile. Asphalt-fibers* composition ahtngfw nosl about half as morh as nsbosLos* nnrnant shhigtos in terms of purchuso anJ toslallation costs but hove only about half the operating life. Cudar wood shingles have a slightly grtmlur . cost thtm asboslua-uement shingloi Inti workplace. c. Ceramic fibers do not appear to present a comparable risk lo that of asbestos based primarily on (t) the moderate workpUra concentrations, and (3| the srxmtfilixed applications whlrh Inr.tuoe Its enuipasiaUan or incorporation into prodvdta. d. Carbon/graphite fibers era RPA may believe necessan to evaluate the risk potential of the substance. During a proiotfoe consultattoo and any PMN review of a new chemical substance diet la intended as a substitute for asbestos, EPA wilt consider the raUUvd'risks presented by the ostiAHtai substltute/l&A will make have a jpeutor operating Ufa. Sobstitul 0.9 Tor asbrstoe-catwtiU shingle elding Include wood, wood shingle* aluminum siding, PVC siding, stucco or concrete block, vinyl, oud - brick. Aluminum and PVC siding sra both virtually Identical to asbestos* cemnnt shingles interm* of price and durHliilityrpcdur shingle elding it also very competitive Ip tcitqa of price, but it is somewhat fuss durable. . The total sutotjtulp laprkel foiTmth application* Ih approximately ait follows: " ' AspMbTiUtqiis**..,50 |Ti;rni VV.vnJ pnxjwrti._____ ,______ :UK16pmnl A)unt|nnn> ------ ft- m pnruont l*VC *iOlnX"- * ... ........ Vie petuiil ttok. .....-- ...--.............. 5 pntT.i 2. VtuteiM*t hatartl# a\'auhtiHulun, KMA has analysed available data on tint health effects of malar substitute* lor prfbdb!y nut a significant health risk based on tho (!) use of coatings nn the fiborrwbicb oiuy reduns their mspirability. and (2) low Inbionic rnspirabiliVy cheractarisUcs. l*. Aremid fibers appear to prasonf n*.la lively Inw risk because they are busieally nonrnp{nh! u* r*rr>-ntly every reasonable effort lo provide prompt and dear Information cormcmtng the likely result of PMN review in view of EPA*s policy of encouraging less hazardous substitute* for aabnatos. /). tiwHi'ii/r Effnct# of Pwpna*Hl Huln. produced and pnxwased. f. Polyethylene rmd polypropl'bmi.* pulps mid fibers appear to pmaedl ralolivnly little link since lh#?y appear to hu rolutivcly nontoxic am) nunrcspirsble. g. AMopulgitu has Uiige general exposure poUinHat but avaOubln eviilimne suggests that attapufgHe from li.S. minus may pmsant Utile haxurd- In . addition, ftapu(gite ts not n major substiluto for asbestos. h. Polyvinvlcholnrids drum nut upnuar to pnowmt nkealtb haasril cnmpamults . lo Hsbfmtiit, nlllmugh vinyl rhlmfrle. the This portion of the preamble presents KHA's detcnnlnstlon of the Mre*amiRhty srrtinRhls emnoedr. of the role'* s* required try snuton ft(c)(i)|t)J nfTBCA. RPA has prepared a "ReguUtory tinpHul Analysis ofContruip on Ashostos Products*" (ffef. .if which NTtolyio* the potential ecnnomlr (mpart of thirproposed rule. Tho ennymiir impact (e mitranartzrd end Axpl*innl heiuv. Fjulm*i**ii <mstai ara WdL'ly fna> IfUfl Unto nblHtncd under EPA* snc?too 8|a) rwheelus (RhI. 14). Some of thn moi-iuner used tu pmdurn jWtns reporting rule [40 CFR 7rt4y)|. substlnj(tfs such rs wund-lwsoo product* (e.g., cifthduAf tUmr products) and construction products made of br*r:W polyvinylchloride, is a rjin:lnogr*r. Tho pelyvinylchimlde priuiupt Tseif preent% little risk amt vc,irkpli>ta expoaur.tu nre Sonin of ihp dfliiH were od|u>M to reflisu mom current informwfirm on prodvintton of nshostos products. and ennemte uppear to present Utile `ippurontly adequately Mintmlled. Spwincally, RPA gathered more current rink. White ulbni substitutes prosm.l i. Lbiclik Iron pipe ikies not nrcaiml a IntonriHiltm im the vse of aabestiw aoma risk. RPA him concftidud that the heullh hszatd nompargbtn to Inal of clotKing and SKhostos flooring Ml hoH sivmtiiliU* information Ruggtrsfs that num* nnhaRlpe. then A<l)uated the eslimnukl cost* and nf the suirslitules app.Nir to present ss HPA runognfxes that nome uslawtos ImncfUs of the rule to ruflenl dcciinlng great a potential for risk lo human *nbsi(tutns may be new chsmlcHl use of (fonts products. The source* of the hi-iilili as ssbeetos. Q*A rowdu t:\kfliirivn Miliitanpif for which a prumaniifKctura Information era noted to d\e renhtd for use l lhv work of the National (trawuroh nnti e (PMN) must be submitted under thtH rule. The costs are presented a* the OumrJI ond agree* with thnir conclusion ssrrcffim 5 of TSCA. A goal of EPA'b PMN net present value of nosts incurred due Mini: "Currant population risk from review program Is to nncJiiirtign the lo rfoinges in asbestos product exposuma to the various substance* itovnlopnir.nt nf onw ch**mlu.d pnxioritoa between 1085 and 2000. considered. intruding fibrous gtas*. uljfunc4*ft tht are loss hnwrdoue than Costs nre likely to be overstated eincr uKupoigUn, Hod curiton fibers. ppom* the chaoiicsl subaiances they replace. lhi IjHealiim production Urvets used fn lo bn much less than for risk from F3*A encourages the duvalopramd of lass tho cost rmafol probably overstate mibetfos. uspeolnlly ohrysbttiu"* (Ref. ft), Imsunloua new chemical aiibstanais as production In the future. In addition, th Thu um'diMrioof oIBKA's a>ut)> nIu d asbestos replacements, Poteutiul cost estimation model assumes that (hr wpuuifu: siibsillutes fotlows. ' developers of new chemical substancHs relMtive prices of substitutes for FMSl 02438 T 3748 Federal Register / Vol. 51. N. 19 I Wednesday, )unuwry 29. lSMl / PnipOPed Rbteg mbevto* products wtll remain consiunl over the lime period used for . measurement of cost*. Actually. price differentials are [tkciy to decreBtta over time. Two types ot co*U urr estimated is (ho KM: (t) Coate to aannam* aw) (It costs to producers. These arc discussed below. 1110 costs repreaent the present value of lassos Incurred ovut the 15-yeur period from 98s to 20W, twin* e' disoouot rot* of to percent. 1. Consumer lox*ej do* to the role would result from Increases tn costs incurred for asbestos products or substitutes for asbestos products and from Inferior performance of substitute products. Total consumer tosses due to the rule ere estimated to be $1.77 billion. However, thiafota would be spread across the entire consumer population and would average less than $10 per consumer over tS pears. This tulo would not cause dramatic cost Increases In typical consumer products. 2. Lessor would accrue to producers at a result of Ute role when producers ore forced to forgo some portion o( the return on ibeir capita! slock used to produce asbestos products. Owners of equipment which can be readily converted to moke other products are not expected to lose Denny its much us owners of equipment which cannot be easily converted. Total producer coats are estimated to be shout Ssed million fot the rule. a. In addition, the rale would result in transition costa to workers who are displaced by phasing down production ol asbestos products. These losses are Incurred tn the form of lost wages and )ob search costs. UFA believes that transition costs of the phase-down will bo relatively modest since the rule would allow industry tn scale buck production gradually and sbltl production to other products and that the transition costs from the proposed product bans wilt be smalt In comparison lo the consumer noil producer costs. Thn sum of these uosts. ulxiut Sites billion, represents the estimated total real resource costs of the rule. This cost would be spread over IS year*. Thu cost will also be spread over a large population am) the Impact od must persons would be negligible. In addition. EPA estimated the real ruSounm costs of the product lmus proposed In this rule. These estimates ere shown below: Arc nr*.----------.--- Ftoer *................... FtooffciQ ..... ......... We fMM MAcn MtjOlf ItVWCT COM c- Vrovtding hand loots such us sews, !**** <***4......... M*Ags ..... . ............ U'dVHur. scorers, drilli and abrasive wheels the! have local exhaust ventilation systems, d. Modifying work practice* tn redact* r.sptisnre. The above costs of the rule will bn 0. Providing special clothing, change offset fu some rvfcot by Dm following mums, lockers, and special laundering. nvnldrd coals. f. tabeilnp asbestos materiel end By reducing the utnounl of asbestos, posting caution signs. related deaths and Hines*?* this rule g. providing special procedures for would reduce the enst to society of ihu collodion and processing of asbestos health resources used to treat osbestns- waste. . relutixl illnesses (e^.. hospital and h. Providing medical examinations for reodlcul treotmcnl) nnd the productivity employees exposed to asbestos. I wages and tost work capacity of tick 1. Responding to recordkoeping and workers, utn.) lost fts a result of llbtcss reporting requirements. caused by asbestos exposure. tfh EPA't CAA regulations require thal estimates thal the avoided morbidity tioiMrict during milling, maouluclure, cost is about $1275 per case. This Is demolition and renovation, senate measured In 1085 dollar* usings 10- disposal, and same other asbestos- poreuni discount rule. related activities release "no visible This figure is relatively low because emissions." To comply with this people generally contract mesothelioma or lung cancer alter a long latency periud. Thus most medical' costa occur far ip the future and are therefore - requirement, persons must obtain and maintain slr-deanlng devices todi a* titters end may be required to modify work and waste disposal practice* to' discounted heavily. t'J'A <Ud oat attempt to value the lose ol life Itself. In addition, no vahurwss assigned to "pain and suffering," "Ins* reduce emissions. tn addition, both OSHA and EPA auy require stricter waikpUce controls hr asbestos tn the nans future. The costs of complying with those requirements of 'leisure time,'" and other simitar losses. Substantial asbestos removal sod would be avoided at least tn part by this ruts. United Stales courts and workman's disposal costs would be avoided a* a compensation boards have been' result of this proposed role. These Inundated with thousands of claimsfot Include s voided expenses n* welt at compensation for deaths and illnesses avoided health risks for people exposed caused by exposure to asbestos Some during removal und disposal activities, llte ofnonasbeslot products in roastruction reduces demolition and fast producers ol asbenos product* ave declared bankruptcy because of these many claims. The continued use of disposal cast* to die future. Removal usbestos con only exacerbate the and disposal costs of products ere likely problem. Each case of disease avoided to be considerably higher for asbestos relieves the various systems sftocted of products than uonasbeelos substitute* a considerable burden. This rule, by Imcaute of the extra precautions reduettng exposure to ssbestw* and required lo meet OSHA and Cleon Air reducing the number of Babeslos-related Act (CAA)requirctneots. Avoided Illnesses and deaths, would reduce removal sad disposal costs ore a ma)ur these costs. * benefit of this proposed regulation. As required by section 8|c)[l)(D) ol Thrsc coats can he substantial. ETA has TfiCA. EPA hes analysed the economic Aitimnled that removing asbestos (tom school buildings costs between $z end Impact ot this proposed nils on small businesses. The effect of this rule on its per square foot of asbestos removed. xnch businesses Is expected to be small OSIIA end EPA both have regulation* because fl) there ere few small to limit asbestos exposure at work sites. businesses producing asbestos products Certain costs rotated to compliance with and IT) producer fosses ere extended tn theso regulations would be avoided at a be smut) since capital equipment for result ottMs role. To comply with production of most asbestos products OSHA's current workplace standard for can be converted fairly easily to Other asbestos, emptcysre incur expanse* forms of production. A maximum of 77 related tn: out of tits 212 primary processor* of a. Monitoring for fibers, asbestos products *re small businesses. lx providing engineering methods In R'A acknowledges that these 27 control exposures (this includes companies could Incur losses under the enclosing or Isolating Bshasto* fiber rule. ETA wss unable to determine bow generating activities, providing exhaust many of the secondary processor* of vemtiulfon. dust collection, ate.J asbestos products era small businesses. FMSl 02439 Federal Register / Vol. m, Mu. la l Wednesday, January 29, 1966 / Proposed Rule* 3789 However, EPA acknowledges (hut u asbestos products within a cartain 1. Bon the osbestos construction higher percentage el secondary category at the same time. EPA Is products category and asbestos clothing Erocessor* are likely to be email ustnetses than the percentage of considering a category approach for soon afterpromulgation of the rule, ban groups of asbestos products with similar the asbestoefriction products category primary processors that ere small uxposure patterns, similar exposure about t yean later, and gather buslnessoi. In addition, S of the It control Issues, and similar substitutes. additional Information on other componiee that manufacture the products that this tvle proposes tu ban Examples of categories under' asbestos products. Under this consideration ere construction products alternative. EPA would bun tha - are small businesses. This proposed rule could have significant Impact on these lew companies.. The estimated costs of the rule could be seen as significant. However, the overall benefits tu society of asbsstos- contalnlog products are diminishing with the current availability and the continued development of various nonaabestos substitutes. The costs of the ruts are speculative and probably are overestimated. In addition, many economic Impacts of dlls role are likely to be short-term and spread across large populations with only negligible Impact on the typical consumer. This rule Is not expected to cause dramatic price increases In typical consumer products. Consumer losses caused by this rule would bo spread across the entire consumer population. Jobs displaced by this role ore likely to be offset by Increased employment in companion producing substitutes for asbestos products, fhitential consumer und producer costs are likely to be offset by the economic costs avoided by this rule. I.e- avoidance of the morbidity costs of asbestos.related diseases; the cost of removal and disposal of usbestos products; the costs of special control to reduce exposure toasbestb; end costs associated with legal actions seeking compensation for asbcstos-re.lutcd iUncssos and deaths, finally, the estimated costs of this ruin appear reasonable hi view of the unreuwnttbly large number of asbestos-related deaths and serious illnesses that w ould occur without a phase-out of ustieeioiL PJ'A expects that this proposed rob, would have positive Impact on luchooluglcel Innovation and encourage the continued rapid development of nonaabestos substitute products. This development of new products Is likely to Involve significant lochnobgloil Innovation. end fricUan-product*. EPA believes It mRy be good public policy to ben categories of products at the same time. This approach would eddms similar exposure patterns In the same way and treat at) parts of an Industry sector similarly. In addition, both die construction products category and the friction products category contain products that could substitute for other products in the category if all ere not banned. Thus, a ban of the entire category may be necessary to rednoe risk most effectively. - One option under active consideration In addition to the ones embodied in the propose! Is banning the manufacture. Importation, and processing of the asbestos construction products category and asbestos clothing with the bon effective soon after promulgation of the rule; banning the manufacture, Importation, and processing of the oebestos friction products category about 5 years after promulgation of tha rulir. and gathering up-to-date production, exposure, and use data on tba remaining asbestos products under suction els) of TSCA to support possible bans uf other asbestos products at that time. Another option is banning the msnufuciure, Importation, and processing of the asbestos construction products category, asbestos clothing. - and the usbnstos friction products entngory as staled above and banning tba remaining usbcelos products at a Inter time lug.. 10 years), thus allowing limn for the development of effective subslitutns while strongly encouraging substitute development, A third option is iunming the manufacture. Importation, and pnx>sslng of the asbestos construction products category end uiWstns dathlng as statsd above and covering all other asbestos products under the phaso-down. Under each of manufacture. Importation, and processing of the asbestos construction products category (Le* asbestos-cement pipe and fittings, roofing felts, flooring felts and felt-backed sheet flooring, vtnyt-eebegtaa Door tile, corrugated asbestog-aeiuent sheet. Oat-asbestos- cement sheet, and asbestos-cement shingles] and sabeatos clothing soon altar promulgation of the rule. Effective suhatllulei exist for those products. Tha rule would also ban the manufacture, importation, and processing of the asbestos friction products category (1.*., drum brake lining*, disc breka pads for fight, medium, end heavy vehicles, broke blocks, dutch facings, aulomstlo transmission friction components, and Industrial and commercial btetton materials) t yean after promulgation of the rule- ibis altarnsttve would rodvea exposure to asbestos without tbs administrative burden of EPA establishing and operating a permit system as in the proposed approach. Tbla alternative,by banning asbestos friction products S yean alter promulgation, would etrongly encourage the rapid development of additional effective substitute* for asbestos friction products. The J-year delayed ban would alao allow lime for expansion of production capacity for non-esbesloe friction products. EPA estimates that this alternative, assuming current exposure level*, would avoid about 2.100 cancer cases that EPA can quantify while costing about I2.il blUton. Tbit is a cost of about 1.01 million per cancer cate avoided. Because dSHA has proposed lowering the workplace PEL for asbestos to p.2 f/ce. EPA also eshatled the number* of cancer cases avoided assanting strict compliance with this lower PEL Assuming strict compliance with an OSHA PEL of02 f/cc. EPA estimates Uut this alternative would IV. Other Optinos Considered tlw options, EPA is algo considering a avoid about 1080 cancer cases Ihst EPA Section 0 of TSCA requires that H*A apply the least burdensome requirements to reduce an unrausonablu requirement that products not banned soon after promulgation be labeled ss roniuii ling asbestos. can quantify, while costing about 12.11 billion. This is a cost of smut S2O0 million per cancer case avoided. risk. CPA is considering t number of EPA is actively considering these To determine how sensitive the cost nptione for implementing the regulatory options as alternatives to this proposed per cancer com avoided was to tha policy of phasing out the manufacture rule, end specifically requests comment banning of particular product*. EPA and Importation of asbeetue products. cm these alternatives. EPA may adopt a conducted a sensitivity analysts, Theae opllone Involve staged bans of final role based o)o*e]y on one or a - excluding aibestos-ctment pipe from the categories of asbestos products. This comblnatloo of these alternatives- Those ban. ipnrouch wonld ban the manufacture, ultemntivm ore discussed more fully Without a ban of asbestos-cement impurtotlnn, und processing of ud below. t pipe and assuming strict compliance FMSl 02440 3750 Federal Register / VoL Si, No. 19 / Wednesday, January 29, 198V / Proposed Rules with an OSHA PEI uf 02 ff<x, FJJA This uUemutivc would relatively quloVly ADttnaloi dial ihi* sltenuiJva would bon a number of asbeslosproduct* far avoid about 640 cancer cases that EPA cun quantify, while coiling about StS7 which effective iiibetitutee exist white strongly encouraging the rapid billion. This Is a cost uf about $2.22 million per concur cese avnidpd- development of effective substitutes for other asbestos products. KPA bnlinvea that effective substitutes This alternative, unlike alternative y. urn inchmsirigly hanomlng available for : avoids the necessity of future . friction products endwill bit rulemakings to gather additional (feta readily available by the data the end than ben additional product*. U delayed ban would bucowa effeotiv*. would also provide greater certainty However. RVAUvonefdurihg'an ' about the statue .of all asbestos products exemption process far essential uses and more strongly encourage the without substitutes, One area EPA hi " davulupment ofsubititutes far ell studying in partalar is Uih oftemmrket appluiHtione of all products.' far ubenlos brakes. Some persona have As in elteraotive 1. CPA Is considering mated tliHi osba&lox broke? now in use thn nond for <m exemption proceed far cmnul safely be replaced by asbestos* asbestos Crtctioo products in connection frow brakes when they weer nut, wluto with the staged product bans, others have disagreed with Ihi* EPA estimate* thet this altnmedve, uftwttion. EPA uvr.\rc of the potential assuming cvmxnt exposure lev^s, would riak to the public from poorly performing avoid about 2,120 cencor cases-that CPA brakes. EPA specifically requests cun quantify white costing about $229 wmment on this issun. EPA cunsiderert various tippromho* billion. This Is a cost o( about 8l<08 uiiliinn pur cancor ense nv'oidftd. . for addressing the risk prosentod by Assuming strict compliant# with an lishnehM products not bt'nrW uilhsr OSHA PK1. of 02 f/cc. EPA nstim.tica kooo after pmcnuhjaUon or R years after thnt lhl nUnmativo would uvuld hou,t promulgation v<di<r this afleiT)Htlv<t Onn T.`^o cancer cases that EPA can Hppmjff.-h would be f> propose amt qiK<nfjfy. while costing about $2.20 promulgate b rule under section 8|) uf billion This Is n cost uf about $2-13 TftilA to g.rlher nontomporannoiifl data million per cunccr case svotdod. oomwsming the pr*Klucllon and use of Without a ban of asbcslos-comenr .inrl exposure to throw prodnctH hi the pipn and assuming strict compllanu* t.nv! tho. first product* buii rale boonmes wfihun OSHA rbnf02f/uc,EPA <*f('cctrv* nr at a dhs b few ymrs later. ttsfimulea that this allnrftellvn would IvriA ivoul/l (alyz thai dl,v ond then (ivnjd abtui 050 cnoojr cases tH.U FPA div ide whether to Iwn iul(llli<>n;ri c-m quuaUfy, while costing about $UK2 asbestos product*, eta would !*> billion. This io a cost of about $2.12 (lini'rmhiR the date of them hues, which million per cunrcr case itvoUmi may he at staged infarvaU. After 3.6an fhn oa5esfi>s mnvtrucu'on ileririini; thrsi* isMins, KPA would products <*j end ruibnstos cbttbinn propose and promulgate the bans of fawn iifterpm/mlMtHiMi ofthe rv)o end hose aahastas products. Another *m-<iraH other asintsio* prodtu-.is under ipprttnch for adOrnst-iing ihi* risk /hophoso-dosvn. tinder tbls ullctr.#Kvt tuvsniited by thoso ramntnlnp, QxUentos El*A would Hvm the maouUcturv, ii.-odnrjfl Ip dtacUH.scd :* dllcrn:itiv>> 7. tmpomuhm. anil,pnHa:aaing of the fxdow. xsliusios construction product* category' Hun tht* vslwiott ci\n*fnn:tjt*n ami asbestos clothing toon ofiur the mfrjjtny ond avAes/m; s:falhi'*.r? promulgHlhm of the rule nnd cover all ur.> of\arprtmuO^ndnn o{th>: ,v<V. faux o4b<r eshefin* produces under the ,>r t)siu\MoS fi'iclitm pi'Odlll'tfi (iOfu^dry >>hnsi!iiowi. . 'ii'iitf 5 y*mrs IoUt. end f<aa mmainiitfi This alternative, unlike the uurreni j.dpt<x(os products ofawt Wyt*nrrt Intpr pifpusftl. would ban ell asbes'ot- 'Jiwtoi this alternative, os in nltenvrifec: crmeot products at the sjuim> time, thus l. KI*A would bon the manufacture. . luhlrussing similar exposure pHttems in <u\mrtatiou. end processing of ih* the same wey end treating all parts of lAbestnj conjtnjclion products oaJe.qory f*n indobtry nectar nimllnriy. Thrt phase* ni'l '.fiheflioa clothing sunn after down would operate to restrict turn of irumulgiitUm of thn rule, and h.m the iiRhc#tcK in mher industry smtiora. mnufacturo. Importation, and KPA eallmates that this nlluraatWe, Kocnasing uf ihu a*hnutn friction uauimtlug imn>ei)i exposurv IhvoIm. would .iroducis caiugocy 5 years nftnr avoid about 2.020 cancer rasos that EPA >ii <>mid<4:ttlon of the rulit. 'Ibis cun quantify while cosling about $201 dienutive would afeo ban the billion. This is a cost of about $t A? oonohicion.', Importation. and milJion |wr omner case avoided. Miv:i;ssing cd til) other asbeslon products Avsuming Btrlr.t compliance with an u years oiler proumlgoltm* of W\r rule. OSHA PEL of 041 f/m. EPA estimates' thut this alternative would avoid atari t.010 cancer cases that BPA can quantify while costing about $241 hiUiun. This is a cost of about 9XJ09 million per cancer case avoided. Without a ban ol asbestos-ocmcht pipo sod assuming strict Compfisaon with an OSHA PEL ofO^f/ca EPA esrlmoles that this alternative would avoid about 950 cancer cases that EPA. cariquaniify while costing about $146 billion. This Is a cosl of about $145 million per cancer case avoided The fallowing Table VI summarises the estimated ousts and estimated cancor cases avoided that EPA could quantify fur the proposal end the three alternatives discussed earlier, (list assuming curort exposure levels and thoo assuming strict compliance with an OSHAPEl.otazf/cc. Txble Vi- Crnmated costs and Csmcep Cases avodeo AS *|M 3 JMjWgCnWtVMM* fi.W fS30 COO p (MV MT *r (S.01 S.tlO (JBOO Mtl Car^sne* tn CShA raw a10/cc COBlpMOM)----------- 1100 12.11 WJ enroll GOTO *>n4M .~ . tJOQQ ipso ime Cm pc> cmh mu t-- SA0O VII AuenMw ( -tWk am mtxKamlMwmnpaoosOnu*uS*tdt-bOtiolnWanytiSnmrmmuiM oammesat pm*** mUom HMI Wr prawifltbaw. mp mm knun puriuc* *> fw yw* am dm mwSwv wtrAo* `*ia*e owi tfw poMguien W mmV taQ pixvfc^n #ftr (fw pii uomw. 4. Rttquiiv labeling ofasbestos )nuditcia subject to o 6on. M port <d tide utiemutivo, BPA else proposes snd roquoxte comtnenl/m e labeling reguiremenf, tn parilculer, It Is proposed that products not Immediately banned fori subject to regulation $ or 10 years from nervv Ite labeled in the Interim. The lubollng would advise purchasers that the product cootains asbestos. EPA tequftst* rorrmenis on this proposal, fn pnrih^Ur on [\) the eopropriateneea of this proposal for all or some subset of thi proencts in this category: (2] (he . oppivprHtancss of s simple content warning as opposed (o a more extensive labeling provision; and (3) the exteot u> which labeling would serve to mduco cxpoMire tn aabestos. . EPA also considered a number of ahemafives far implementing the phahe- Uown. These include options concerning the following: who would be assigned pmujltB: how peraons would be grnmad FMSI02441 Fedaral Register / Vol SI, No. 19 / Wednesday, January 29, 1988 / Proposed Rales 3781 permits; whether permits would he llmr. Asbestos fibers easily reenter (hr this next 15 years. TJtlt role would avoid transferable; whether permits would be Htmusphere after settling out and can about 1.000 of those cancer eases. bankable; and how Imported products travel long distances through the Blr. B. The eatlmstcd costs of this containing asbestos would be treated. 3. Health risks from exposure tn proposed rule are reasonable In view of EPA also considered a number of asbestos fibers during the lifecycle of the number of cancers and other options before adopting Its current Ihn asbestos products covered.by this adverse health effects that would be regulatory strategy (or controlling the proposed rule occur to many population avoided. Substitutes for asbestos ore risk from asbestos. These options Hie groups during many activities. Parsons readily available (or many products end discussed In documents which are can lie exposed to asbestos fibers long can be expected to become available Included In the rulemaking record. after those fibers have been released to during the phase-down period (ormost, V. Finding of Unreasonable Risk EPA has weighed the health risks (ram continued use or asbestos and usbastos-conbilntng products against tbs coats attributable to tho proposed regulation. EPA has concluded, that the avoidance of about 1.830 cancer cates the air and at considerable distance from the source of release. The vest majority of the general population of the U.6. Is exposed to asbestos In the air. Mora than 10,000 worker* are exposed during manufacture and processing of asbuslos products covered by this proposal. Many additional thousands of U not ell other uses. Even though the costs are probably overestimated, the cost per cancer case avoided, assuming current exposure levels, that EPA can quantify, Is about 8t million. Even If OSHA promulgates and achieves strict compliance with a PEL o( 02 f/cc. the coat per cancer case evoldod that EPA thel can be quantified assuming current exposure levels, or the 1.0UQ cancer cases tbal can be quantified assuming strict compliance with an OSHA PEL of 0.2 (/cc. many other cancer cases that cannot be quantified, and many cases of esbestos-relsted dlseaae substantially outweigh the costs to consumers, producers, end users of asbestos products from the proposed regulation. Therefore, EPA finds that the continued mining and importation ofasbestos end asbestos products In the United Stales fur domestic use and for export present an unreasonable risk tr> human health. The finding It bnsed on the following points: 1. Tho health effocts from aslmatos exposure are very aerluus. Asbestos U a demonstrated human carcinogen. The cunenra caused by asbestos era usually fatal end cause much pain end suffering. In addition, asbestos causes other lung discuses such us asbestosls. 2. Aveilubie evidence supports the conclusion tbnl there is no safe level of exposure to asbestos. This conclusion is consistent with present theory of cancer etiology and Is further supported by the many documented caeca where low or thotlderm exposure has been shown tn muse asbestos-related disease. 3. Models developed to estimute the reinlive risk of developing cancer from oxpoBute In asbestos show a linear dose-response relationship. Bssed on data from epidemiology studies, those models predict that humans exposed to very low levels of asbestos Incur soma risk. Individuals frequently exposed to levels typically found et asbestos worksites ere estimated to have very workers and consumers are exposed can quantify la about 8UB9 million. If ell during product Installation, use, cancer cases and tha incidence of other maintenance, renovation, removal and diseases could be quantified, the cost disposal of asbestos products. Finally, per caac of disease prevented would be many millions ol people who reside near substantially lower. In addltlou. the asbestos worksites ere also exposed to overall costs of the rule are spread over significant concentrations of asbestos In a targe population so that the cost to any the lr. ' individual would be negligible. Further. 6. Using typical rather than worst- EPA expects substantial savings to case, data and assumptions, EPA has result from this tula from such factors as estimated that this proposed rule avoided costs in treating asbestos banning certain asbestos products end related diseases, ovoldancs of lost , phasing nut nit others. II promulgated, productivity caused by these diseases, would avoid approximately, 1,030 cates avoided costs tn asbestos removal and of cancer which would otherwise result disposal, and avoidance of litigation from exposure to asbestos between the coats resulting from asbestos disease yarn* 19US to 2000. EPA underestimated claim* . .- the number of cancer ceses avoided EPA also finds that the costs of liecuuBc of the lack of comprehensive alternative* 1,2. and 3 are reasonable tn ibite on releases or asbestos to tha view of tha number* of cancer* and ambient air from many activities. EPA other advene health effects that (hey estimates that the following number* of would avoid. Tha coats per cancer case cancer cases would be avoided as avoldnd that EPA can quantify of these result of ths proposed product bans, alternatives are approximately the seme assuming both current exposure levels as for the proposed rule. and strict compliance with an OSHA As discussed earlier, EPA conducted a PEI. of05 f/cc. sensitivity analysts to see how sensitive the cost per cancor case avoided by this role and the cost per cancer avoided by "c*Mwlotamtfms the regulefbry alternatives dlscusssd earlier were lo the banning of particular t Aid products. Specifically. EPA analysed the t/S cost per cancer case avoided (or the proposal and the other options fetaatob cfc+wg------------ 1 w 0 tt m xcluding asbestos-cement pipe or vlnly-asbeitos floor tOa from the bans. F*tog tafl--------- -----------HdoVv M--------------------------- 0 t 0 Even with these relatively high exposure 4 products excluded from the bans, the coal per cancer Case avoided by the These estimates of cancer cases ' proposal end the alternatives are avoided by die product bans sbould not similar. . high risks of contracling cancer, perhaps be viewed In Isolation, sloes asbestos For example. Without e ban of greater then 11n 100. use tn other product lectori would etbeslos-cement pipe and assuming s. Asbestos fibers ere cotorles*. theoretically decrease at last than the strict compbaoce with as OSHA PEL of odorless, and frequently Invisible, thus current rats unless alt asbestos use Is 05 f/cc, this proposed rule would cost ' presenting risk lo'persons not aware phased out, about $1,96 million per cancer cate that they may be exposed. Asbestos r. Even if OSHA promulgates and . avoided that EPA cars quantify. Without fibers ore extremely durable end have achieves strict compliance with a PEL of a ben of vinyl-asbestos floor tile and aerodynamic properties that allow them 0.2 f/cc. almost 3.3*8 cancan would sup assuming strict compliance with an - to remain suspended In the atr for a long result from asbestos products made over OSHA Pftt. of 05 f/cc. this proposed rule 3768'- Federal Regteler / Vol. 51. No. !8 / Wednesday, january 29. 1986 / Proposal! Rules would cod about $2-28 million per . cancer can avoided that EPA can quantify. VI. Other EPA Statutes Section e(c) ot TSCA'requires that II EPA determines that a risk of injury to . health or the eetrironmefil could be eliminated or reduced to a aufBdent extent by actions taken under another statute administered by EPA. EPA may not promulgates rule under lection 6(a) of TSCA; unless EPA finds it (atn the public interoat to protect against the risk by action under TBGA. EPA Ends that no olherlaw admtntslered by EPA will eliminate or reduce theriska bom aebeeloa to a sufficient extent. Several EPA etalotea have been ueed to Undtasbeetor exposure. fat 1873. EPA wed the authority of the CAA to list asbestos aa a haterdotis alrpollutanU esldbllsh a "no visible" emission . standard for manufacturers, and ban the uae of epray-upplied.a8bettQeixmtulniR8 material BBtnaulatlon In buildings, publishedin the Federal Redder of April 0.1673 (36 PR 6826). EPA amended this regulation to 1876 to ban asbestos-containing ptpB lagging, by a rule published In the Federal Rodder of October 12,1876 | PR 48282): and In 1878. extended die ban to all utea of *prayad-<m asbestos by e rule published in the Federal Register, of June 19.1976 (43 PR 26072). The CAA rule, which was last amended on April 8. ISM (46 FR i 1US8). also regulates tbs removal of asbestos from buildings end the disposal of wastes generated by removal. Hownvcr, the CAAboo limitations. The CAA does not apply directly to indoor sir in the workplace or home. Consequently, any poialblesddHIonal use of that statute may leave many workplace or home exposure situations inadequately controlled. .. Another EPA statute that.could bn used to limit asbestos exposure Is tfao Sara Drinking Water Act [SOWA). EPA onnotincpd.ltB Intention to consider . asbestos lor Inclusion In (U proposed National Revised Primary Drinking Water Regulations by e Notice pubUtbpd id the Federal Rsgtstar of October 6,186316 PRA&5021, Hpwever. oven ifiheSDWA is used to set e drinking water standard for asbestos. It would necessarily Ignore the Inhalation risk associated with asbestos. ' Ait additional EPA'statute that tionld be usqd io.limit eebestbslexposure Is the ResotCUp'CorisSrvalibn and Recovery Act (RCJtA).Ohd*rRCRA. B$Acbuld list Bsbeelos.ee eTwi&rdouBwqSfe end subject Asbestos waste to general RCRA requiremenU.deatgned to reduce exposure.However, subh'acltqtt unitor RCRA would only reduce exposure during the dispoasl of asbestos end asbestos products. VIL Auelyels Under Section 8(a) of T8CA Under section 8(a)(1) of TSCA. the' Administrator is required to submit a ceport'to anothsr Faderal agency when two determinations ere made, the first determination U that the Administrator has reasonable basis to conclude that a chemical substance or mixture presents or will present an unreasonable risk of injury to health nr the environment lbs second determination U that the unreasonable risk may be prevented or reduced to a aufBdent extant by action taken by another Federal agency under a Federal law not administered by EPA. Section 8(a)(1) provides that whore the Administrator mekestltese two determinations, EPA must provide an opportunity to the other Federal agency to assess the risk described iu the report In interpret Its own statutory authorities, end to Initiate an action under the Federal laws that It administers. Section 8(o)of TSCA thus requires EPA to review other Federal authorities not administered by EPA lo determine whether action under those uutboritles may prevent or sufficiently reduce unreasonable risk. The following unit ttunmariuts pest and contemplated action by other agencies and tben discusses why those agencies ate not able to prevent ot sufficiently reduce the unreasonable risk presented by asbestos. A. OtherAuthorities Affecting Asbestos Under the authority of the Consumer Product Safely Act (CPSA. 16 U.S.C. 2081) the CPSC has Issued rules banning consumer patching compounds containing respirable asbestos (16 CFR Part 1304) sod artificial embattling ' mu tori sis captaining respirable asbestos (16 CFR Part 1305). Thu CTSC took those actions bused on findings that the use of those products in the household would result In increased risk of cancer. Earlier, the Food and Drug Administration under the Federal Haxardoue Substances Act (FHSA, 15 U.S.C. 1281) banned "general-use garments containing esbsstot other than garments having a bone Tide application for personal protection against thermal injury and so constructed that the asbestos fibers will not become airborne under reasonably foreseeable conditions of use" (18 CPR1500-17). The FHSA Is now administered by the CPSC. In I860, CPSC Issued e general order requiring persons to furntsb Information on the use of asbestos In certain consumer product categories. CPSC has also measured potential consumer exposure to asbestos from such products as asbestos millboard, aihostoe papa' . products, and stove door gaskets. . OS itA began to regulate asbestos (n the workplace In 1871 under the Occupational Safety and Health Act (2D U.S.C. SI. OSHAct). Since the Bret workplace standard setting a limit of 11 ffee wee promulgated In May 1871. the wotkplece standard bus been twtea . revised and It now Z f/cc (TWA). An Emergency Temporary Standard (KTS) establishing a permissible level of out f/oc wee published in the Federal Register of November 4.1883148 FR 51088). but the ET9 woe found Invalid by court. OBHA proposed e revised standard tn the Federal Register of April 10.1984 (49 PR 151161. The Mine Safety end Health . Administration (MSHA) acting under the Mine Safety end Health Act has Hdopted workplace standards designed - to protect workers engaged In pit and underground mining ana milling. The MSHA standards ere similar to those administered by OSHA for other workplaces. The MSHA standard was last amended Inl878 and calls for PEI. of 2 f/cc. - Possible jurisdiction over other aspects of asbestaa risk may He with still other Federal agendas. For example, the Asbestos Information Association (AIA), commenting before e Senate subcommittee on eeriy versions ofTSCA, noted that the Federal Tradn Commission may hove authority lo require labeling, distribution, end marketing of asbestos products end that thn Department of Transportation has authority lo control transportation of buxnrdoul subatanoe*. such as asbestaa. 1471 Senate Hearings at 234-227. State and local publtn employees are generally excluded from coverage under the OSHAct. However, under section 18 nf the OSHAct, OSHA has approval State pinna for 23 States and two territories, thru effectively extending OSHA protections to State and local public employees In the Jurisdictions. EPA hat proposed a rule to establish requirements similar lo those of the OSHA Asbestos Standard tor State and local public employees not under e State plan who conduct asbeBtos abatement work. However, other public employees.. such at ftrefighters, are not covered by . this rule. , B. EPA is Determination Under Section PfoJnfTSCA ' FJA isjoui required to submits report to other agencies under section 8(a) on the asbestos risks described In this notice since EPA' hat determined that . such risks cahnbt be prevented or FMSl 02443 Federal Regintar / Vo). 51, Nu. 19 l Wedncaday, January Z. 1988 / Proponed Rules 3753 reduced to a sufficient extent by actions there la no other Federal authority 3. Residual rishs. Even if other taken under e Federal lew not : cup able of addressing the combination Federal agendas took additional action edmlnistsred by EFA. Certain activities of activities involving asbestos. Section lu reduce the rtik BMOdaled with Involving asbestos present risks that full 9(a| requires EPA to consider the Issues asbestos during the various stages of the under the jurisdiction of a number of necessary to make this determination lifecycle of asbestos products dearly different Federal lews such as the because the Agency believes that the within their jurisdiction. a substantial QSHAct, the Consumer Product Safely combination of asbestos activities, and unreasonable residual risk would Act. end the Ctesh Air Act bet no one statute, other than TSCA. can under the jurisdiction of a number of still remain. ' . Federal laws, presents an unreasonable Many groups outside uf OSHA adequately address all its risks. Referral would result In fragmented aseessmarit or risks and potentially duplicative regulatory efforts. Inefficient control of risk. Second, EPA examines the residual risks that would remain If other agencies were to regulate asbestos and determines that such residual risks jurisdiction are at risk from exposure to asbestos. State end local public ' employees, such as firefighters. ere not protected by OSHA regulations In about risk, and an adverse effect on public would still be unreasonable. half the Slates. The general population health. Furthermore, even If EPA Were to 2. Capability of other Federal . is expotod to asbestos In the ambient air refer asbestos risks to other agencies, authorities Ip deal frith Ihe combination ns a result of release during the action taken by those other agencies would still leave a substantial residua! risk. EFA'i reasons for reaching this conclusion am set forth below. ofasbestos activities. EPA has concluded that asbestos Is a dear example for TSCA acUon rather then referral to other agencies. II Is a manufacture, processing, use. repair, and disposal ofasbestot products. EPA estimates that about 340 persons will develop cancer si a result of exposure 1. Interpretation ofsection 0/a/ of substance for which there Is broBd to asbestos In the ambient air as a result TSCA. The comprehensive nature of exposure to populations in numerous of releases associated with products TSCA hue long been recognized. TSCA situations--In the woikplace, through hnportod or manufactured over the next eltows regulation of a chemical ambient concentrations, and from IS years. substance based on ell its risks and. consumer products. With the exception Even If OSHA promulgates and thereby, eltows the Government to of TSCA. Uiero Is no one unified achieves strict compliance with s PEL of remedy the deficiencies in other etatutes authority to deal wtlh these multiple oz f/cc. e substantial and unreasonable that can deul only with parts of the risk. exposures. No one of the other potential residual risk would remain. About 1.323 (Statement nf the President on signing S. Federal regulatory authorities, TM looking persons would still develop.cnncer as a 3149 Into Law, October 1Z, 1976. Weekly at its specific part of the overall result of exposure to aabestns In Compilation of Presidential Documents, exposures, can either evaluate or deal products imported or manufactured over vot. 12, No. 41 Oct. 18.1976. at W S. with the totality of the risk presented. . the next 13 years. These Include cancers Rep. No. 94-688,94th Cong. 2d Sees, at Thus, OSHA may set exposure limits for In population total!; outside or OSHA'* 1) The need for a total exposure workers, but there may be venting of luriidicttcn. Even with a lower approach to chemical regulation end the asbestos Into the atmosphere; EPA, . workplace PEL.EPA estimates (hat. dangers of a fragmented regulatory under the Clean Air Act. may regntste shout 340 persons will develop cancer approach were recognised even during ambient omissions, but not workplace or from exposure lo asbestos In the the early congressional hearings on consumer exposures; and Id each step of ambient sir. In addition, at u PEL of oz TSCA. See, e,g. 1973 Senate Hearings at the process, only a fraction of the risk is f/cc, EPA estimates that Bbout 785 212-314; 1972 House Hearings at 65-67. evaluated. Only EPA under TSCA may ' workers under OSHA jurisdiction would No other single law provides sutbority look across the range of asbestos eso lu develop cancer as a result of workplace to deal comprehensively wtlhmultl- evaluate whether It presents an exposure to asbestos In products medtB has&rds. unreasonable risk. There is no other Act imparted or manufactured In the next 15 In particular. Congress designed that affords such authority and. years. - TSCA to deal with chemical substances accordingly, referral Is Inappropriate. EPA calculated these figuresuaing for which the most appropriate remedy EPA's anelysle of. the jurisdiction over well-accepted models! EPA used the. would be a total bon on their production the risks presented by asbestos among a Nicholson relative risk model lo - end distribution In commerce. In this regard. Congress focused on the risk of number of agendas and statutory authorities Is set out below. OSHA has cellmate the number of lung cancer cases and lib Nicholson absolute risk asbestos and the dangers of fragmented authority under the OBHAct for risk model to estimate the number of regulation of asbestos during the presented to private sector mesothelioma cases. The dose-response legislative hearings. See 1971 Senate manufacturing, construction, and servtae constants used In the risk assessment Hearings end 1973 Hearings. Atbeslut risks were described In the woritpUce employecrfrom workplace exposures, end may approve State plane covering were those estimated by Selikoff In a study of asbestos Insulation worker* Bnd in over MOO usee that could present Stale and local public employees. CPSC (Rel. tl). A number of epidemiological risks to the general population. (H.R. has authority under the CPSA and studies have estimated dose^reepense Rep. No. 94-1341, B4lh Cong., 2d Sets, at FHSA concerning risk presented to constants for asbestos-related disease* S (1976).) Members of Congress believed consumers from consumer products. The arid estimates vary by as much as an it Intolerable that no agency could depl Mine Safety and Health Administration order ofmagnltude. The SeUkoff comprehensively with chemical risk*. has authority under the Mine Safely and estimates fall approximately Ip the Including the risk from asbestos. See Health Act concerning risk presented 1973 Senate Hearings et 318-320 (Letter during the mining and milling of middle of the ranges of dose-response estimate* tor both lung cancer and from Senator Tunney to Dow Chemical asbestos, Stale and local public recsothelldma. In addition, the Selikoff Company]; 1973 Senate Hearings el 131 employee?, such as firefighters who may estimates have the towesl variance 139 (Remarks of Senator Tunoeyj. wear asbestos clothing, In about half die among all of the estimates. These EPA's decision not to refer the risks Sis las are not covered even indirectly models and doss response constants associated with asbestos Is divided into by OSHA regulations end ere eub|ect to were recommended by the C?SCs 1 two parts. First. EPA determines that Stole authority. Chronic Haxsrd Advisory Panel on FMSI 02444 3754 Federal Register / Vol. 51, No. It) f Wednesday, January 29, 1866 / Proposed Rules nshcetos |Ref. 1) and wen; alto uvod by reduce the umcaeonabla risk to human OSHA to estimate the risk povod by' health posed by asbestos. Use of othBr asbestos in support of the proposed federal authorities cannot reduce risk to revision of OSHA'a aabestoa alandard. o reasonable level because (1) they OSHA's choice of 0.2 f/cc as e cannot reduce the Islal volume of proposed PF.L tvos based on the asbestos In commerce, (2) Ihey cannot feasibility of measuring asbestos levels protect the meny population groups at in the workplace. At s tevol of 02 f/cc. risk. Rnd (3) thoy oil have jurisdictional OSHA. using the same lung cancer and gaps. mesothelioma models as EPA. estimates . IIihI then; would be 670 axcoss cancer VU1. Provisions of the Proposed Rule deaths per 106,000 workers exposed A. Product Prohibiiiont over a working center (Kef 12). In 1080. a foinf NIOfiH/OSHA Aibeatos Work Croup stilled that there was no level of exposure to asbestos below which clinical offocia did not occur end recommended e PEL of 01 T/cc based on the limitation of current technologies for measuring air concentrations of asbestos (Kef. 7). Even a level of O.I f/cc. OSHA estimates Diet there could be 306 excess cancer dee (ha per 100,000 workers exposed over u working career (Ref. 12|. . It is likely ther a PEL of 02 f/cc will , be exceeded in many Cotes since It Is particularly difficult to apply the PEL in : (he construction and service sectors. Ma ny of the workplace exposures to asbestos occur downstream In the construction and service sectors rather EPA proposal to prohibit the manufacture. Importation, and . processing of several asbestos products. The prohibition! will take effect at Ihe same lima that the restrictions on the mining nnd Importation of all asbestos end SBboitos products become effective. Thus, when this rule becomes operations!, no person could mine or import asbestos without a permit issued by EPA. In addition, no person could manufacture. Import, or process Ihe following asbestos containing products: Asbestos cement pipe and fittings, roofing fells, flooring felts (and fall- backed sheet flooring), vinyl-asbestos floor tile, and asbestos clothing. EPA Is proposing to ban asbestos clothing because it presents a particularly than the manufacturing sector, Over 80 serious risk because of high exposure percent of workers exposed (o asbestos are In the construction and service sectors. Employees in those sectors potential. EPA It proposing to ban the other products because effective substitutes ere currently available for all often do not know when they are applications. As an alternative, EPA Is exposed to asbestos because Ihey do considering banning Iheee several not know that they are working with asbestos products. Compliance asbestos products by a date soon after the promulgation of this rule. Inspections are also difficult In the construction and service sectors since employees frequently do not have a fixed worksite. In fact, the current PEL B. Mining and Impart Restrictions EPA proposes to prohibit the mining or Importation of bulk asbestos, and the of 2.0 f/cc has been exceeded in many cases In these sectors. Thus, it Is likely that many workers fat the construction Importation of the asbestos products listed in 1769.145 of Ihe proposal, unless the miner or Importer bolds s permit and service sectors will develop cancer Issued by EPA allowing mining or unless EPA takes action. Finally, many Importation ofthat quantity of sabeatos. asbeslos control measurae. In particular, EPA is considering the requirement that the uae of respirators, only put the products made tinder lbs permitting asbestos exposure problem elsewhere system be labeled as containing because they do not control the release asbestos. Labeling would ensure that of large quantities of asbestos to the ereons working with or otherwise ambient environment, where II andling the products would know that continues to present a risk both to other the products contained asbestos, end It workers and the general population. would enabls them to take steps t Similarly. C1P6C cannot evaluate or reduce the likelihood ol exposure. deal with the totality of the risk BPA propores to reduce lha amount of presented by asbestos. CTSC mny ban asbeslos that may be imported or mlued or require safety standards for asbestos- in set decrements each year for JO years. containing consumer products based EPA proposes to define "mine" as "to exclusively an risk to consumers. CPSC produce asbestos other dun as sn Is unable to consider risk to other groups unintended contaminant or impurity by from releases of asbestos during the extracting eibestoa-conlelning ore so lifecycle of those products. that tbs ore may be (1) distributed in After carefully analyzing other : commerce or (I) milled for distribution Federal authorities. EPA concludes that In commerce." Thus, the unintentional action under TSCA ti appropriate U) mining of asbestos In connection with ' mining of another substance such as vmniuulite would not be.covered by this proposal unless the asbestos were later milled or sold for use. EPA is concerned about possible unintended asbestos contamination of vermlculite end other minerals. However, any. attempt to cover Ihe unintentional mining of asbestos under this rule would complicate the operation of the rule considerably end perhaps make It unworkable. The proposal defines "import" ss 'To bring Into the customs territory of Ihe United States except for (1) shipment through the customs territory of the United States for export without any domestic use or processing; or (2) entering the customs territory of the United States as pert of a product during normal personal or business activities involving uae of the produce" Thus, asbestos that is shipped through Ihe United States lor export without any domestic processing at use would not be covered'by this proposed rule. The proposed rule alio excludes from coverage sUuetkms where sn Item, such es an automobile oantelning asbestos, travels across the United States border In the course of normal personal or business activities. In addition, asbestos contained In products that sn Imported In small quantities solely for personal use by consumers would not be covered by the proposal. Thus, under this provision an individual could bring an Item such as a oootumar eppllanea cantabring asbeslos into the United States far his or her own use without obtaining a permit. BPA believes that any attempt to cover these situations would make this rule very complex and difficult to administer. However, EPA specifically requests comroeut on whether, to view of the serious health hasoid posed by asbestos, all asbestos . products should Je covered by this rule. This proposal covers mining and Importation of esbesto* and the Importation of specific asbestos products. EPA proposes to define "asbestos" es "the ssbestifatm varieties of: cbrysotOe |serpentine); eroctdollta Iriebeckile); emosite (eumroingtonltognusrite); tramnlite; enthophylllle, and acttnoUte that era mined or milled." EPA requests comment an this definition. Including whether asbestos which has bees chemically treated or altered should be Included within the definition. EPA also proposts to cover tinder this phoaa-down the asbestos contsined to a number at products lifted In 17U.I48 of this proposal Persons would be allowed (o import these products only if they held permits allowing the Importation of th(i amount of asbestos contained to t! FMSI 02445 Federal Regiatat / Vbl. St. tW tu / Wednesday. January 29. IW?ti / Proposed Rule* ' 3755 product*. FPA it comm# those 1 't.rkim* wr'blit apply tu FJ'A for mint* asbestos in any quantity end particular product* in this proposal per runs. listing In thfclr applications Ihtdr would have no value of any kind fur any because they represent the largest mining ur import volumas during thuso purpose. . quantities of ashesto* Imported as part .yean*. Versons who du nut upply for FPA i* considering an fiUenjRtWo of of products. EVA Ib proposing to cover permits would not be grunted uny. EPA ho rin* banked permits not decline in nsbcBloB in products because of (he risk would compare volume Information value. This alternative would providf* posed by possible asbestos exposure included in applications with greater incentive for the bonking of during use and dispose) of the products information reported under (he section permits and thus Incentive for gropiM- and to tarot domestic producers end 6)a| asbestos-reporting rule, which reductions in ostostos mining *nd importers of these products eimllerty. covered 1961, United States Customs importation In early years of the phase- To implement this program. EPA Is Service dais, and Bureau of Mines date. down period. proposing that Importers of listed Persons who include false Information Under the proposed approach, at thr products estimate the typical asbestos in thftir application would be subject to end of (he itvyear phase-down period, cuntentof the products. To aid those enforcement action, including criminal ell mining or importation of asbestos estimates. EPA has ascertained the prosecution in appropriate cases. typical asbestos content of the asbestos EPA would similarly cover importers would be banned except that allowed under an exemptUm procedure. EPA products covered by this proposal. If persons do not know the exact asbestos content of products they import they of asbestos contained In the products listed in this rule- Those persons would apply for permits* including In their would consider applications for exemptions and grant them for i?R*[:ntfol uses of asbestos for which substitutes can rely on the 0>A figures to estimate the amount of asbestos they Import FPA would allow persons to use an amount other than the EPA figure if they can show that their imported product contains a different amount of asbestos. 'Such persons would be required to maintain records supporting their determinations of typical asbestos content and would be subject to appropriate enforcement action If EPA discovered that their imported products actually had a higher asbestos content than they estimated. EPA believes that this is a practical way to implement the phaxe-dutvn of asbestos use. application the fatal amount of asbestos in their imported products during the bass years 1981.1982. and 4983. Those ' persons could use EPA's estimates of typical asbestos content of products if they do not know the typical asbestos content of their product. The proposal contains an appeals . procedure for persons who disagree with EPA'i allocation of permits to them. However, since Ibe proposed mis would allocate each miner and importer a uniform percentage of tbolr base volume levels, EPA would expect few appeals. The only Issue In an appeal would be whether EPA allocated are not available. In addition. PJ'A is considering a requirement that ptWur tn not banned be leneled os containing asbestos. This requirement could be imposed at part of this rulemaking cir by a separate rulemakiog. As an alternative, EPA is considering' ' allowing a residual amount of asbestos muring and importation after ihe itvyear pha*e-dmvn period. This general approach would avoid the potentially htwvy administrative burden and expense of an exemption process. As part of this alternative. EPA is umstdaring atiowtpg permits banked during the Iti-yeor phase-down period tu a Permits to Mine or Import AshcsUm permits hosed on the correct base years' continue to be used durins the later EPA proposes to issue cutreat minors end importers of asbestos permits that would allow those persons to mine or import set amount* of asbestos. The permit would be letters from EPA stating the amount of asbestos that b person may import or mine during each year of the JO-year phase-down period. The permitted" amount of mining nr importation would bv a uniform percentage of the average amount of asbestos each person mined or imported yearly during the base period of 1961, 1082. and 1089, The "permitted" amount of asbestos would be 80 percent of the person's average base year volumes during the first year of the phase-down volume Information. Persona would bo allowed to transfer their permission to mine or import nsltestos lu other persons, including persons who were not issued permits by EPA. Permits Issued to miners, Importers of bulk asbestos, and importers of asbestos in products would be Interchangeable. Persons could transfer all or only port of their yearly pertained amount to one person or a number of persons/Persnns transferring alt of purt of their permitted amount would be required to report each transfer to EPA. Persons would also be olktwed to reserve or "bank" permiei&on to Import asbestos during any year of the phase- period when a much smaller partentagu of base years volume is permitted. Such an approach would provide additional incentive Apr the banking of permits and thus additional incentive for greater reductions la asbestos raining and importutiuo during early years of the phase-down period. EPA specifically requests comment on this series of alternatives to a ban with an exemption process after Ihe to-yenr phase-down period. IX Reporting BPA proposes to require persons it# report the amount of asbestos Imported during each import transaction. EPA period qad would decline to 2? percent down period for use during any later specifically requests comment on of average base year volume* during the yam* of the phase-down period. Persons whether this report should be sent second year, 24 percent during the third would b required to report each directly to EPA or whether persons year end so on until it reached 3 percent "banking" or aslwsto* permits to EPA. A should tom the report over to the United in year 10. EPA chose these "permitled" person who banks permission to mlno or States Customs Service, which would amounts based on protections of future Import a certain amount of asbestos forward the report to EPA. Requiring thr asbestos use after analysis of current would be allowed to use only part of report to be turned over to the Custom* use trends, publidy available that nmnunt during later years of tho Service as part of each import information on asbestos use. end phase-down period. The amount of transaction may facilitate enforcement information reported under the section asbestos mining or importation of the rate. 8(h) asbestos reporting rule. In addition, permitted by banked permits would Ihe proposal also would require dip. '`permitted*' amounts chosen reflect decline yearly at a rote of 10percent. person* to report to EPA each transfer the EPA has proposed to ban certain Permits nut used by the conclusion of of permission to mine or import high volume o*et of asbestos whore the 10-year phase-down period would no asbestos. This reporting would be under *iittnh|* substitute products are avllablu. longer permit the holder to Import or authority of section 6(a) of T$CA and FMSl 02446 ___ Federal Kftgttto / Vol. Si, No. 19 / Wednesday. January 29, 1986 / Proposed Rules would apply to all Importers, including small businesses. Section 61a) exempts small businesses Cram caponing In certain com. However, SPA may require miners and Importeta of a substance subject to e cub under section 6 of TSCA to report. Since asbestos lo already subject to rules under section 9 and would be subject to this one. lbs small business exemption of section 6(e) would not apply. CPA believes that these reporting requirements represent very lltUe burden and are necessary for effective enforwmenl of the phase-down rule. EPA would use ihu Information In those report* tu muintsln a computer ki?iJ ruciird at the quantities of asbestos em:h person Is permitted to mluu sir Import as compared to the actual level o( mining or Importation. CPA would invegiigat* cases where the quantity of asbestos mined or imported appears to exceed the quantity of asbestos that a person is permitted to mine or import and wko appropriate enforcement action for any violation of the phase-down rule. . To facilitate the transfer of permits. CPA is considering making readily available to interested parties information concerning the persons holding permits and the quantities they hold. EVA may allow persons computer etxxMs to an EPA datu bank if this Would not reveal noufMcnlia) business ioformutibn. KPA specifically requests cumment on whether CPA sbould facilitate the transferor permits end on woys for CPA to accomplish this without revesting xinO(lrn|iu( tuislnnas Information. . . RrxuirdhiWj.'itix FPA |m[*o*r u require persons to retain ifucmnenUUnn of Information mnnmili*g \>ti unnsfnre of permission to mint* or import usbeetoe and the amount of ashustos Jn'miil nr imported each yrwr. TUr prnoa*.il would require these records ic !:. Lhjk fot 5 yuang utter the fmt ol ilwr Ut.i year of tin; phasr-down pcriml n>v;;iv<l by die rule. Importers of a^tv*oi r^Mit<iinef in products covered by tl*s provto.Hjil kimiIiI also havu to krep r*`ruM copoorninq thnir level* of jmpo-t'Mitm. KPA hnlifcves Ibal thnan rorordkoefimv} piivlFl'mc would be pi>fiiu.i1 In eidon emvol or thin proposed ndn. IX. friTorcemeul H.*i Hun tr un'FCA mulct* it unlawful lo fail or refuse to comply with uny provision <vf:i mic under wriion 0 of TSCA. Therefore, any ioilun: to comply with this proposed rule when it tac-omur. effective would be a violation ol r,nt:tion IS of TSCA. In juKhiion. section 15 of TSCA makes it Unlawful for any person to: (1) Fell or refuse to establish and maintain records as required by this rule; 12) fall or refuse to permit access to or copying of records, as required by TSCA; or (6) fail or refuse to permit entry or inspertlon so required by sectico U of TSCA. Violators may be subject to both civil and criminal ^ability. Under the penalty prevision of section 19 of TSCA. any person who violates section 15 could be subject to a dvU penalty of up to $25,000 for each violation. Bach day of operation lu violation of this rule when it becomes effective could constitute a separate violation. Knowing or willful violations of this rule when It become* effective could lead to the Imposition of criminal penalties of up tu R2J5 0G0 (or each day of violation and Imprisonment for up to l year. In addition, other remedies are available to EPA under suctions 7 and 17 of TSCA. such us seeking an Injuction to restrain violations of this rule when it becomes effective and seising any chemical substance or mixture manufactured or imported in violation of this rule when it becomes effective, Individuals, as well a* corpuraltoua. could be subject to enforcement actions. Sections 15 and 10 of TSCA apply to "any person" who viulatus various previsions of TSCA. EPA may, at its dlfu;retlun, proceed UBsinstindivlduaU as well as companies. In particular. EPA muy;.priMseed against individuals who report fnliitf information or cause il to be reported. f X. Confidentiality A person muy assert n Ouiin of confidentiality fnr any intormatiun, including public comments, submitted to EPA In connection with (his proposed rule or in connection with this ruin after H is promulgated. An* pe^on who submits u confidential public comment must hWo submit n muvonfidenliul version. Any claim of confidentiality must accompany thu Inforpitiiinn when It U mtbnnluM to KPA- Persons would claim Information confidential hy curling, bracketing, or underlining ft end marking it with ,*CONHl)RNTlAlr or some other appropriate! designation. KVA will discWo mrorointion subject 10 a claim of confidcnibdil.Y only to the extent permitted by sccl'un 14 of TSCA end 40 CFR. V*rt 2. Sulipnrt B. If a person dors nut assert n claim cunfidvnttolity for information ill Ibn ::o,r. it is submitted to EPA. EPA may make ihu information public wtlhuul further notice m that person. XI. Rulemaking Record EPA hss established u n*cord for this rulemaking (ducket control mimbvT ORS--62040). A public version of the record, without any confidential business informsbon, is available In the Office of Toxic Substances Public Information Office, from a sum, (o 4 p-at, Monday through Friday, except legal holiday*. The Public Information Office Is located in Rm. E-107, etn M St,, SW., Washington. D.C Tbs record includes information considered by EPA in developing this proposed rule. EPA will supplement the record with additional Information a* U (s received. The record now includes the following categories of informslion; (1) Federal RcrgUle* notices, |2> support documentai (3) reports, end (4) memoranda and letlere. KPA will Identify the complete rulemaking record by dote of promulgation. EPA will accept additional material for induskm In (he record at any lime between this notice and designation of the complete record. The final rule will also permit persons to point out any enure or omissions in the record. Xlk References . (IjUSCTOC Rrport to tiu UJ>. Consumer Pmdud Safety Commiulon by ths Chrunlt Hazard Advisory Panel on Ajbesvos. july iwa. |2) t^SEPA. OPtS, OTS, Exposure AsBessmcnt for Asbestos, Draft |miry a. 1<JR4. . Uf U5EPA. Om, 016, Regulatory imp** Anulyds a( Controls on AsbesUis end Asbestos (Voductn. fsnosry tsaa. |4) USEVA, OPTS. OTE. Support Doeumrat fur Einul Rule on Fttable Asbestos-ConiaJnin^ Ms^rtsU In School Bonding*' -HeoUh Effects mJ Msgnltsdr <d Exposure, jsnnaiy, IBU. . |3) NallnnsJ Resssrcb Council. 'Asbestos*' Uk "Drinking Water and Health.'* VoL 9. National Academy Pres#. WsshinstOD. D.C it*>(2|: 223-MJ. (a) Notionol Research Council. 'Nuuoccupatlonsl Iteslih Risks of Ashcstifonn Fibers *' National Acndomy Press. WeshlnglonrD.C. HUM). f7\ WOSff-OSHA Asbestos Wert Cnkip. Workplace Exposure to Ashestus: "Review aud R*conunfuUUoflSM DHKS fNtOSH) puhih^ition No. SI-101. US. Ga'.'vnmient PrinUag Office. Washington. U.C SlMOi'. iiaso). 18) OSHA. `Ouanlllative Risk Analysis fo AshestovRcfoied Cnncer*-. A Pietiiuino.*y Pepoii.** (1UB3). (U) llcidmea. it SoiikclT. l.J,. Hammond. K C.. "Slitfrt'Tutm Asbestos Wort Expnautv niuf l/mj-tenn OhsarvatHm.'' An.eu/s n/t/n* r*V?iv >'ort AcwA'my ofNciencA 130 ni-an, 001 S<'Ukeff. I.f., Anderson. HA.. Sehlewn. H. "Asbestos Oiseosn Among fWwrhftM ConUcts of Asbestos Workers** bv "Disability CompunMtion for Asbeslus- Astovuieti Disease in thf U.ti.." edited by l.j. Sr.lVkoff. TnvinM^menUtl HclmKVs kaborblorv,. Mour.) Sfnui Snhog) of Medldne of (he City University uf New York. 79*7ti. FMSi 02447 Federal Haglitdt / Vol. 51, No. t9 / Wednesday, january 29,1986 / Proposed Rulea 57B7 (UJ SsttkoQ. l|- Hammond. &C. Seldauui Bstsit January S3. rase, 11- "Mortality Experience of Insulation tee M. Themes, . Worker* in the VA tad Canid*. 1843-1878" Administrator, Aimdlt ofiheNew York Atanlvttiy ofScience, ssotianpn-na. PART 783--1Amended) |)I) US0OL OSHA. "OocupoUonsi Expciuic la Asbestos; Emergency Tempore ry Stsodsrd'' (November 4,1801; <8 FK 110831 (13) USDOL. OSHA. 'Occopslkmaj Expoura to Atberios: Proposed Rule and Therefore, tl I* proposed (hat 40 CPR Puri 78S be amended as follows; 1. The authority citation far Port TBS 1* revised to read ai follows: Notice of Hewing' (April M.1964: m PR ' Atebority: It UAC ttQSend teo?(c|. tine). (14) U8EPA. OPTS. (718. Aebwtoe Substitute* end Rotated Materials. April 24. ism. ., XUL Regulates? Assessment Requirements 2. By adding nsw Subpari H to teed as follows: BybpsrtH-dtabeatwMntap and Import Restitution* SVCl 7*3.140 Scope. '.' A Bxocolive Older 2220; Under Executive Order 122S1, EPA has determined theI thte proposed rule le a "Major Ride" and hai developed an RIA The RIA cellmate* thet (hi* . propoeed rale would cost about 31.80 billion over IS years. However, the RIA 783.143 OsBnltiou*. 7*3.143 Mining end Impart reraiclten* 7*3.147 Penults Is srineerImparl asbestos. 7*3.143 - Issuaoce of permits. 783.148 Appeals concerning permits. 783.130 Treuefsr of penult*. 7*3.181 Banking ot permIts. 783-183 Rsoordkasplng: 783.164 Reporting. alio eettmated thel this proposed rale. It promulgated, would avoid approximately 1,830 cases of cancer. A* shown In Unil V above, EPA believe* 783-168 Enforcement. - 783.767 Inspections, . 703.138 Confidentiality and public saner to Information. . that these coats are reasonable and thal Subpart H--Asbestos HMng and this prejxteed action I* a coat-effective import heetrtrtlone way of reducing the unreasonable risks related In aebeatoe. This proposed rule wae submitted to the Office of Management end Budget (OMB) for review a* required by Executive Order 12281. {783.140 soaps. Thte Sobperi prohibit* Ute mining or importation of asbestos. Including asbestos tn oerialn asbestos product*, unless authorized by a permit Issued by EPA. A Hegulatory Flexibility Ad {783.143 Definitions. EPA has analyzed the economic - The definitions in section 3 of T8CA. impact of this propoeed rule on email businesses. A summery of EPA's Hnelvtle appears In Unit in. IS UAC 2802. apply to Ihl* fkibpert. In ' addition, the following definitions apply: (s) The term* "act.' "ertide," C. Paperwork Redaction Act "byproduct," "customs territory of the . United Stales." "EPA" `importer," The reporting and recordkeeping "menulacturer," ''persons," and "United provision* In thte propoeed rate wtU be submitted lo the Office of Management and Budget (OMB) for approval under the Paperwork Reduction Act. Comment* on these requirements should lie submitted to (he Office of Infaimettan and Kngulotory Affaire at OMB end marked Attention: Desk Officer for EPA Any final rule will explain KPA'c response lo OMB and public comments on the propoeed reporting and recordkeeping requirement*. Steles" have the aeme meaning* as in { 720.3 el (hit chapter. (b) "Asbestos" means the asbesllform varieties oh ohrysotll* (terpentine); cractdollte (rtehockitej: amotlte. (aimmlngtonlle-gninorUe); tremolite; anthophyllite, and ectlnollte that are mined or milled. . ' (c) "Asbestos produce meant any mixture or article containing asbestos. (d) "Consumer'' moons a nntura) person who usee a product for persons) rather than business purposes. (e) "Import" means to bring Into list of Subjects In M CfK Part 78] Environmental protection. Hazardous customs territory of the United Stales for any purpoae except (1) for shipment through the customs territory of (he substances. Recordkeeping and United Slates fur export without any reporting requirements. Asbestos. domestic use or processing: or (2) entering the customs territory ol the United States as pari t>f a product during normal personal or business activities involving use of the product. If) "Milled" means the separation of asbestos fiber* from asbestos ore. the grading and sorting of asbestos fiber*, or Die fiberizlng of asbestos ora. (g) "Mine" means to produce asbestos other than as on unintended oontsmlaant or Impurity by extracting asbestos-containing or* so that the ore may bo (1) distributed In commerce or (2) moled for distribution In commerce. (h| "Miner'* moans a person who mine* asbestos. {783,148 Mintng end Import restrictions. la) Begriming the first day of the calendar year after this rale becomes effective, or If this nils becomes effective during the last 8 months of a calendar year, beginning the first day of lbs second calendar year after this ride beoomes effective, no person other than a parson authorized by a psrmU toned by SPA os provided la this part may: |1) Mine asbestos In the United Stele* or 12) Import asbestos. Including asbestos In on asbestos product listed bi this section, except In email quantities solely for personal consumer use. into tits customs territory of tbo United Stales. (b) The following ssbeetoe products may nol be imported Into Ihe custosne territory of tbo United States except tu smell quantities by a consumer solely for hi* or her personal use unless authorized by a permit issued by EPA as provided In tills Subpan; (I) Appliance*. 12) Pipeline wrap. (3) Thread, yam. Up. roving, cord, rope, or wick. (4) Sheet gasketing, robber encapsulated compressed. (M Disc brake pads (tighv-modium vehicles). # IBI Cloth, oihar than asbestos clothing. (7) Brake blocks. iO) Millboard. (9) Packing. 110) Mixed or repackaged aebeatoe filler. (II)Thcnnoptugf. (12) Tape. (IS) Rool coatings. (31) Clutch facial. (IS) Aulboiotivogasket kit (18) Drum brako linings. (17) Yam. (18) Automobiles and other mater vehicle*. {7*311*7 Perorite to into* or Import eebasto*. (s) Persons may mine In Ihe United Steles or Import into Ihe coeloms FWS102448 T 3753 Federal Kegstnr / Vi*l. r;i. No. n? / V.'oiUictf^. )ammiy 29. 198ft f Proposed- Rules territory vfthe UnKed Qlute* only tlw <|iumtily uf afttattav for wbtch'thr.y huW V^irvtxi^n fatued unrtqr Sufawrt, |U)Tto amount uf unhurto* uonUlned to Imported product listed to { 703445 will mum toWHrd (be total dmooof of asb^io* .person may mine or import during a your, .* (f (Atrs'ms must ustlmsu? tyfa*l asbortn* content of import'd asbestos pteducts covered by this role. Pontons may use KPA's artfcmte ol tyfaya) tttfbttttos content it ibry a; a pot ce/labi of th* t7)b:ai asbestos con ton). oF piuduct. 5 TVi.tto issuance <rt psmtits. (*M I) KPA will (a*uc permit* for dm mining or import of asbestos IttcMIng nnbcrto* uontoinod in *hc 'ishnsiu# producl* listed )r i ?03.145. 12) Applications tor ^-nnito w'W ha snbl U> th>: Office of I'oxm: ttubrt;m/!,s fTS-707), W*A, *01M SL, AW. Washington, O.C. 24400. fbJlIJ Persons nm) apply to W'A for jv'rruiu (iy .10 days ftor thu nffivln it ibt' of thi* rote- l`i) Person* most \\h\ to Vboir aypHr.tomn fin ponnils the .imooto(' asbestos. t/vfading al>r`irlm miroaiuod in Ibn nsfa's!*** produrl* ttatod in \ 7H.VUR. tu: il;sy importoi or mined during WK1.1U!,*ltet ttwa. {r.| it 'in /fppfiuoi'm te mtoW to F.PA. lb/' .*ipfair-'lto nji;*t in; jwK(m;Jliod by W `toys oitev If**! uffurtivo ilufi* of Ihfa rote. (fil ii!M will <f)leh2tlt* itl *vto/ apply far ["frnirt* ;i uniform \vr> nj )>.* n'M.mnl ol urtv'rto* those parsons (itinny* or ito:ftrUn^ /htflnn )?()?. JOMJ. .mti UK>. fal hath pnnnil wU allow u parymt to tutor i import Ifa- following ol too <tvntiomOHnf of %<i>beiMiia |ii r -toe minod or imported yimrty ihirotg )`3ui, t>mj. and HUM. Vwv-,i pc'iitero, Yutr 'l- p-:rol V'M :i :: por.eni. Y>';n 4 --ptfr>o:t Y,u;Ti-- 0 tr> penw'.t Y`'ov 7- ~i':p Yf'a-^-'PpOK'Mil. \V; 10--n pe.A4.n< . . 8 793.149 Appaate-concam/o^parmaa. U) A person may ;tp|ml KTA'a iriftfijf dMpuintfnu of his of hrr appltontton for * liiinnM (if] *1 to? iinn>*u niu'<! oppea* In K.-Uop n> dm lli'i!'<()<'`i.d'ihe 'Jffiro ufTmU' Sub(Htines ITS--702J. KPA, 4Pt M Si.. SW.. Washington. OC 2PW). V'iUnn 211 il.iya aftar rotfp of K.PA'g a(innunci;mcnl of Vh dUpOAitH'H) tifida ur fiwr apyU;aU`m. If the eppettl la utolM. ihe toiter ntus< be postmark'd within a> Jay* eflnr rwnipt nf QPA'a atmounuciftont of disposition. ' (c) A pcrsxv} most indicate irt an tppea) why bn or she should iochIvo a permit or be allowed to mine nr Import additional ashesios un<W the permit Id) The Director ofthe EPA Office of Toxic; BnbiitfWii vrtU nlther gru%\t or . deny the eppent within 00 days after IU rcc.VilpX. *fhe dispoiitUm of the appeal will Ixt ennouiiccd by tetter to the peuor. making the eppoaf. {769450 TtontfW of permits. fa} A peroon fsiued a permit by E^A lo mlnn or (mport e t^janfUy of aaboatoi may inmator thn( permit to whole or to pert to another person. . (Id A pureftA tyhn tr&ftffern e permit tit miiMt nr import e quuatity af asbestos and * ponton who rnivttves such e tranC>>Tn>d putodl mt impart that <rhpator f. the Offiti'.ef Taxto SuiistHoaa n*S-792b ElW 401M St, SW.. W'Krti/nglen, fhs 20<W, within 70 day# td lhe transfer. (u| The paniit# involved in *t tronsfcir may toport oiibor fanMiy or supafttlaly id) fl n rvptvl i$ mnilml !> I'J'.V too mpori mw*l be poaUnartoxt within to Jay** of *h>' tmir.sfcr- 476X1M aanhs^t of peomta. I'at rtimonn ivaiiud permits by KPA lo nine <n import a cfiantily of aaitesios (ImtagMPv portioulnr yor may rear.rvR or ''tomi." all or part of Ihn pnrinldnd mmniiit and ns* It lo avoi nr Import UMluhtlos d'rtntf u tofoi y;ir dir:n^ 1H0 bl-ynarwlmao-itowo ill} The amount of .tslmstit# lbt a P!fflon Is fmrmfltf to mine *k Import wid di<c.lhtv; toiin yet to year when it I* fi**ii*rvni nr ''bHitlM^r1 nl a rult; of 10 pM*rtfnt jxn y***r |oj A whn ''haoK*'* ;%rrmlt ia wbojo n in pnrt must report ihot 'li.'MMug'' In Ihr Office nf bi*lKhu)f.ox ITS-rtWK F4>A. Vn M Si. SW.. Wo.thtojfUm, nc within 00 il:>'!5 of tb*' nnd nl ih*yer for whbrb !h perniii tv m it^nnd. Id} If 1 rr-pOtl iH mailed In EPA.tbi* cnjuin tOtiHt tor nottrumtr^i wttbto W) hiv of *hc mid of tho b\r which too "bnhi!*V` prmnh xvita i*>n-d . a r$9 t M Recondteepiofr. la) Any inirt?un wfat mitw# \ imparta uwfii'slos nr uny hsIm^Io# pr^^.-tlisiad b> fi 7t^l.l45 rnusl retriln In ane iiMnlhm of infemrottou slmning; flH ha ar?e of *oy parson ii whom be ttr <ha ttoqitferred poraUston to mine or t'mmrt 1 asbnazo*. >*hi( ol any pnjytn from whimt he or sha racelv-'d purmisehnt to mine or Import nabesios. (3) The smount of asbestos mined or Imported each year, toctadtog asbestos imported tn eny asbestos product listed In J 763.143. . (4) Tho typical asbesloe content of ny asbestos product listed to 8 763.145. (5) Tho number of individual aab**toft product# listed to 8 763.1 %l Imported each year. lb)Thto tafomatioa must be retained for S year# from the end of the last year of tho 10-year phaee*dawn period orvered hy this rule- (709,154 Repartinp. (4) Any person who imports asbestos. Including asbestos to an asbestos product listed In 1763.143, must report 10 tho Office of Toxic Substances (TV 762b SPA. 4U1 M. St. SW, Washington, DC SHOO, within 2 days of the day of ' Import Indicating: (J| The persons iwnte. ' (z) The rtmouiit of asbestos imported. (31 The number of Individual asbestos producla 1'wtud In 1763.145 imported, 14) A ccrttncatlon that the person was <4uiei Issued a pertoU by CPA to (mport t tonal thn< nmuunt of asbestos that yrVAT or ubiotoed that petmiuion from xnOlhur person as provided to f 763,l4Qi (h| Within At days of (he end ofeach jmh> oivermf by this Subpait eaob Itcfwia wlui b'.inuu or Import# ashostos indudirui asfteslos to an asbestos product llted to (769.14$ tnust report to thaUffbwuf Tuxio Substances (TVrtftl FPA.4.11.H 8t., SW.. Washington. DC yM&r. : (1J Tb uitel nmount of bulh *%be*t>* Thm peman mined or imported Ou>l yeo> (2) The total amount of asbestos that IKtrron Importml tn asbestos products |*i*d m fi7&i.!43 that year |3] The mmtltct nf Individual athusiH* produce Uted in (7M3.145 that (vmism mp*irtc(d Uufi year, (4) The xfravnl v/ asbegta# fhot )vs>(in lixd pt'rsi^siUQ to mins ur Imputi that yfinr { .f 11" repml ix utfliled to KPA, Uin mp<jri mart he poaffftartunl within 00 tkyti nf fhr fmd of iwh year mvertni hy tl tft Sul ;p^i r $TB3 \Sa Erhacwert. fa) Vnilnro to comply with Mny purvlsirm *A this itofavait U s vtobilton if sKctn>p (tor Ai^ (tA U S-G- ZW14]. |bj fuiluro m* rafusutto estflbUah snj miwh or to penult access to ir /Maying uf regurds. as required by Ibn Ant. is vinbiflon nf seriton IS of the Act (t$CMMl 2014f. (u| I'uibire or refusal to permit entry or liupur.lton us raqulrml by section tl of (he Act (13 0.a;ft10] is a violation of section 15of tiw M\\%U.S.C 2614) FMSI02449 Federal RagUter / VoL 61. No. 19 / Wednesday, January 2S. I960 / Proposed Rules ______ 3759 (d) Violators may be subject to the civil nnd criminal pnnalllee in section 10 of the Act |1S U.S.C. 2615) for each violation. (e) EPA may seek to enjoin the mining or Import of esbeetos or eebostoi products in violation of this Sobpart, or ad to seise any asbestos or Bibestos products In violation of this Subpart, or take other actions under the authority of section 7 or 17 of the Act (16 U.S.C. 2000 or 2616). . 0783.187 Inspection*. EPA will conducl inspections under section U of the Act (16 U.S.C. 2610) to ensure compliance with this Subpart and to verify that Information submitted In EPA under this Subpart is correct. (rtllSi CoftMentiatlty ami public cces* to Information. (a) A parson may assert a claim ol confidentiality for any information he or she submits to EPA under this Sobparl (b) Any claim of confidentiality must accompany tha information when It Is submitted to EPA. fc) EPA will disclose information subject to a claim or cgnruii'ntiality asserted under this section only to the extent permitted by TSCA nnd Port 2 of this title. Id) If a person doo not assert a claim of confidentiality for information at the time it it submitted to EPA. EPA may make the Information public without further notice to that person. 3. By adding new Subpart 1 in mad us follows: Subpart I--ProWWUon of Ih# Manufacture, Procatoinp, and Distribution in Commsrco of Certain Aabeetoa-Contatntno Product* Swc. 783.160 703.183 783.183 783.18? 703.10ft - Scope. ` Definitions, Manufacture--^jrobibitim.*. rfacofcslng--prohibitions Kaforromont. . Subpart I--Prohibition of tho Manutocture, Proceasktp. ond Distribution In Commerce of Certain Asbeetof-Contalntnfl Products 0793.180 Scope. This Subpart prohibits tha manufacture. Importation nnd processing, of the following categories of usbestoi-containlng products: asbaatoacontaining roofing felt, asbestoscontaining flooring felt (including vinyl sheet flooring backed with flooring fell), vinyl-asbestos floor tile sod uebestoscement pipe and fittings and asbestos clothing. 1783.161 DsRnlttCHm. The definition! io section 8 of the Toxic Substances Control Act and the following definitions apply to this subpari. (a) "Asbestos" means the asbostiform varieties of; chrysotilc (serpentine): crocldolite (riebeckltek amoaite [cummlogionlte-grunerttel; tremulitir. anlhophytUte, end actinofite. (bj "Asbestos-cement pipe end fittings'* means an asbestos-containing product that contains cement and is Intended to transmit water or sewage: for u8o as conduit pine for the protection of electrical or telephone cable; or for use as oir ducts. (c) "Asbestos clothing" meons eu asbestos-containing producl made uf cloth and designed to be worn by individuals, (d | "Asbestos-containing producl'1 mr<uti8 any malaria) which contains more than 1.0 percent asbestos by weight |e] "Flooring felt*' means an asbestoacontaining product made of paper felt and intended as an undcrloyment for floor coverings, or to be bonded to the underside of vinyl sheet Rearing. (0 "Roofing felt" means an asbestoscontaining producl made of popor fall nnd intended fur use on building roofs ' as b covering or undHrlnyment lor other roof coverings. lg) ``Vlnyl-esbestos floor tile'* means an esbasios-contafnlng product composed of vinyl resins, cnnluinlng filler*, stabilizer* and pigments and used asflooMt'e. fi 763.195 Manufacture--prohibitions. Beginning the first day of the calendar year oftnr this rule becomes effective, or If this rule becomes affective during the Isst 4 months of e calendar year, beginning the first day of the second calendar year after this rule becomes effective, no person shall manufacture or import the following asbestoscontainlog products either for use in the United States or for export: asbestos- containing roofing felt, asbestos* containing flooring fell (including vinyl sheet flooring backed with flooring felt), vinyl-asbestos floor tile, asbestos* cement pipe and fittings, and asbestos clothing. 9 763.167 Processing--prohibitions. Beginning the Brat day of the calendar year after this rule become* effective, or if this rule becomes effective during the fast 4 months of a calendar year, beginning the flnt day of the second calendar year after this role becomes effective, no person shall process the following products, either for use in the United Stales or for export: asbestoscontaining roofing felt, asbestoscontaining flooring felt (Including vinyl sheet flooring backed with flooring fell), vinyl-asbestos floor tile, asbestoscement pipe end fittings, end asbestos clothing. 9 783.166 Enforcement (a) Failure to comply with any provision of this Subpart Is a violation of unction 15 of the Act (16 U.S.C. 2814). lb) Failure nr refusal to establish nnd maintain records or to permit access 1o or copying of records, as required by the Act. la a violation of section 1$ of tlm Act (15 U.S.C. 2014). (c) Failure or refusal to penult entry or Inspection at required by section 11 of the Act (15 U.S.C. 2010) Is e violation of SRClinn 15 of the Act (1SU.S.C. 2B11). (d) Violators may be subject to the civil and criminal penalties In section 16 or the Ad (16 U^.C. 2615) for each violation. (e) EPA may seek to enjoin the manufacture or Import of asbestos products In violation of this Subpart, or act to seize any asbestos products in violation of this Subpart, or take other actions under the authority of section 7 or 17 of the Act 115 U.S.C. 2606 or 2816). (FR Doc. 88-1901 Hied buiko eooc teco-se-si em| . FMSl 02450