Document 5byxKrD7Kk0xR4n2XDejGjjn0

It&t ' Notice of proposed rulemaking. Transportation of Asbestos r Crocket Ho- HM ISO; t?oti.ee Mo-. 7S-3? FR vol- 43, Mo- 42^ ttaroh 1, 1978 Gentlemens ./ The Asbestos Information Association/Motth America AIA/NA) _ invites the attention of the Department of Transportation to the comments herewith Submitted in. accordance with the Federal Sagisteg notice of March 2S 1978* A2A/NA is an incorporated, non-profit organization of 51 fims in the United states and Canada eng&ged in the sdninf/milliiiq of asbestos fiber and in the jfl&fittfacture or processing of asbestos--containing nroducfcs. The ATA/KA was established, in. IV70 with the following objectives: ~ To provide industry-wi-ds information on the asbestoshealth. relationship* and on industxr efforts to e3ijaia.te problems associated with ashsstoe dust. "W ' - To cooperate with government ageaeies in developing sad imp lamenting & tandazd far verier protection ros .asbsift&a assrf aad for t-hs control of ishastos emissions into tDEauaity air and water -- To exchange inforttation on asbesfc&S dust control seibs-soiogy- - Tq assist members in the solution of asbostos-htnltb r4flmt*d problems. i- Tb increase public knowledge s the benefits to he derived -from and tat isportanee ox aeb'&etQS-ccntaising. prodatots- A list of members is attachedISTBaDUCTXCS Substaht.l-al changes in. the packaging and shipping of asbestos- fiber have bean -made over a period'Of ssore than ten years- Permeable bags such es those cade of jute ftsve been replaced wish strong,, irraiti-fe'3.11 paper bags 2nd film or woven plastic bags- Paper bags tssy be covered e-t lihtd with plastic m ah added protective te-ssnte. Asbestos , pellets compressed black which also coot-to I dust emission have been developed for certain applications. Both, are enclosed in paper or plastic to further ensure- that no dust- emission occur . ^eilefca may also be shipped in hopper cars- JOCCD.Q9H3 Page X- is ^eK-wary to package asbestos In bags eon halniag 12-5 pounds of fiisec. Manufacturersf formulae and handling sruseaursH. axe generally based on incremental quantities Qf 2.00 pounds of fiber Its. bspv shaper bags are preferred in %0.tm ssaa^zfacturing proeaeEes becausa she -bag snd Its contents can as introduced Into processing yitltemt au^srse effect on the prelect. sn3-< fey ao doing? e-Ilmiha-te ~xsk -of fiber esposurs. Sag opening "5.chirks have bean assigned to ei.isr-in^.t dust amissions during tft intrc-orctxon of fiber Into the r-sm'afs-ornring process- In rrere-oria ti an of asbestos shipments iron railis ,f Is-aps ere s-fcasf&sd as snitised loads on pallets and the pallets ate wrapped with p-Ea^ttio film* diusing hag to- hag and is&hftl strapping rag be used c& a mans to avoid shifting of pallet loads, uucfeer and . in- flfctfcfele duftn-age may be need between pallets itt. rail and truck tr-rossourfn Sieged asbestos on pallets is transported in intes?- fso&si SEsight containers for iaaflste shtpmhfc. smaLL^lst. shipments- of hags by truck from warehouses or other sources are cososs and may or my not be. p-slletired depending on the number of bogs feosas- portod, Tost3 have demonstrated .both plastic slid pssev bites with stand transport and handling in tMd manges without, usaaaal .risk of breaking or tearing. The ^s&thbds and procedures now in use for the pecksgihg end traits-* port of asbestos meet the requireman13 of Part 173*24 (A? of tbs Transportation. Act, that is "'under conditions normally Incident to transportation there will be no significant release of the hazardous materials to the environment* and *thd Offootiwneas of the packaging will not be substantially reduced. * We submit there is no need for the proposed regulations on the basis tkt current praotices and procedures for the transport of ksbestos are in rcasplisnce with pertinent provisions of the Transportation Act. TJ&e proposal contains no docuja^ntation to justify additional regulation-- This is the position of this Association in response to the Department* s proposal. we take this opportunity to offer a number of cops&mtn on specific areas of the proposal, which wo believe will be. helpful to the Departmeat is its deliberations- a discussion follows i DISCUSSION I - garCj&sonabife Risk to the Public TheSsessj^wwctatioa Act of If74 requite* the finding of *an unreason able risk to the public^ as the statutory basis fog the prmsul gation of a regulation (49 U.S.C. 1833,. 1834) -. The Starch 2f 1978, DOT Fro* posalr addresses this issue Ln Part 11 starting .with the following statp^rti- .. .. ' *'Thc MTS believes it txs be firmly eBtahiiohad that, asbestos In Its several cojisiercdal fonss, gogs sag-- ious health hajesas- to i e-d1.vidua,la. long- .-. teem exposure to axrtema asbestos concentrations.. As noted .in the. 1372 preassbls of:'the" occupational' UCC 009174 Page 3 . safety and Health Administration {OSBh} standard f H3 asbestos <31 FS. 11313)* "Ho ob? has di^ptttgfl- that exeesurs to- ssbfesiaj 5t high enough. durst io?j - 'is cattssuy re iatsa.. to-. asbestos its and. cancers J- ^ J * * . Sceeat.- new fivrasScst fassbsgver-j as retried by Q3MAr ' t-ot. only tends t-O confirm this finding but also - suggests that sfettaua pgtastial health risks hrm iar^oiySd "witJT eves zaXIisavgiy . brief . dr "iBfexstxttesife fes airbsiiiis asasst-os -Don--' . ibesferutlbn S,* isa^saaaia-" abdsdi fh that:: asbestos * ,, * , poses- serious health hazards to'-isais- vilualB subject to lonq-teiratexposure to asbestos concentrations^ requires ra-rs explicit definition.. Man has been exposed tc-r^si-- urally Oocuri*wr .law concentrstioae of ssiastcs throughout bis . Asbestos La common "to the earth* & crust- lfeea are:. X\c> bbh'^v -or identified hesliit. hazards from natural sources. DST'-S- steteiaehfc* without identification- of eOisntration,- is a&t s^b- . s fc5atiBis-b.- The- ^feftSa?<aeftfc from the proposal Si^mtssad above was supported by; an errOijroea quotation from 0-5 KA {27 fl, 1L3-1S) - "ito one has disputed that exposure to asbestos of hl$h enough. duration is. causally related to - and canter.11 - ; Key -rf-ordi relating to Level esepsanxa were omitted,. The gustation should have read: w4o one has disputed that exposure to asbestos of high enough intensity and long enough duration is causally xeTated "aioestosi$ and cancers.* {Underlined words were omitted) For mors complete understanding of the problem/ reference should have been made to unanswered questions within the scientific com- jnunity concerning mineral type# fiber size, and smoking in the asbestos-cancer relationship* ' A reference is made to 'recent new evidence3 reported by GSH& which "also suggests" serious potential health risks from relatively low-level, brief, or intermittent exposure* AXA/NA provided comment to OSHA on this "now evidence" {copy attached! with the following conclusions: "Kevicw of the literature indicated that no credible epidemiological studies have been published which would suggest an excess of malignant tumors among persons exposed to no mors then 2 asbestos fibers pair cc of air (7W&) # using the prescribed membrane filter test method. This is a fact simply because there have yet been identified for study no populations the exposure experience of which consistently has bean as low as 2 fibers* UCC 0.09175________ _ . i :r ^n ';^rn Page 4 Sines sll populations studied to date have been exposed to substantially higher obn.esn" trations of airborne asbestos, we can conclude . only -that an excess of all types of asbestos disease is associated with levels of exposure significantly higher than the level currently mandated to become effective on duly 1, 1976," That portion of the Q3HA references cited in the proposal wherein worker exposure to asbestos dust is of sufficient duration and the cohort is of sufficient size to be valid for standards settling is based on the occupational situation where raw fiber is handled with regularity, Xn transportation, the fiber is contained in sealed bags. The only direct contact of a transport worker with free fiber would be in the event of an accident- The difference between these situations was not considered in the Department * s proposal. - This section of the preamble of the proposal concludes with the statement: . "Although there is no detailed information available on the amount o'F^aabesfcps fibers re leased in transportation, the MTD believes that# in consideration of the carcinogenic and other health hazards associated with asbestos, there is a sufficient basis for establishing regulatory control of asbestos in transportation,* ^Emphasis aSaed}---------------------c---------------------------------------------------- r From the statement that there is no detailed information available on the amount of asbestos fibers released in transportation..8 and the fact that inaccurate and disputed informationr as noted above# was used in the development of the proposal,we contend that sufficient evidence to meet the statutory requirement of the finding of "unrea* sonable risk** needed to promulgate a regulation has not been present ed- IX - Rigid, Airtight Packages to Transport Asbestos gagged asbestos is typically introduced into the manufacturing process by inserting bags under a hood or placing them adjacent to a suction duct. The bag is slit and the fiber is released into a hopper or process tank. Empty bags are placed in plastic containers for dia- posal in accordance with QSHA regulations. Hoods and suction ducts -- are designed to accomodate the standardised bags. Commercial asbestos is fluffy, it is difficult to pack this material in a rigid container and, because the fiber would gradually ccsrpact during shipment, it would be difficult to remove it for introduction into the manufacturing process. It would also be extremely cumber some, if not impossiblet to empty rigid containers effectively and * rapidly into hoods designed for bags. Spillage would no doubt occur and workers would fee unnecessarily exposed to fibers^ in addition to these packaging and handling problems, cost and logis- ! UCC 009176___ :_____ ___ J?age 5 tic&l factors in the u0 Of rigid containers must be considered. The standard package for asbestos is a 100-pound bag and manu facturing formulations are based an this unit size- The equivalent rigid container to hold 100 pounds is a 15-gallon open-head drum that would be required to be fitted with a gasket and seal ring to make it dust tight- This type of container is available in fiberboard (loverpack} at a cost of about $3.00 each and in metal at about $5,75 each. The annual asbestos usage in the United States is about 750,000 tons. Fifteen million drums at a cost of $45,000*000 to $90,000,000, depending on choice of material, would be required. At these purchase costs, return and reuse of the container must bo considered. Since shipment of asbestos has hot been made in this manner, there are no specific data on the average number of round trips to be expected with such containers. Damage from repeated handling is expected to be substantial and only dust-tight drums could be reused. For calculation purposes an average of one and a half round trips for leverpack and three round trips for metal has been assumed. The cost Of shipping a carload of 1680 empty drums at weights of 10,416 pounds for l&verp&ck and 13,480 pounds for metal to Quebec from three representative locations in the United States are summarized in the table below? Shipping Cost per Drum Leverpack Metal Kew 'fork city Boustcsn &as Angeles 0.44 1.14 1,64 0.57 1.48 2.13 The materials cost for present packaging*, i.o. fftultiwall paper bags, on pallets with"the pallet wrapped in plastic sheet, is about $15 per ton or $5.75 per IGQ-pount unit. The incresnenfcal cost for materials only can be calculated as# the original coat of the drum adjusted for the average service life,,* plus the cost to return it to the origin, minus the savinq from the elimination of the present packaging. For the case here, this ranges nm $34 to $55 per ton depending on the location. There is also a disposal cost to consider. With the service life assumed, 10 million tevsEpack' or 5 million metal drums would be added to the present burden cs the solid waste disposal facilities Of the country. These containers would each have to be vacuum clean ed or washed to remove the last trace of asbestos or be deposited in controlled hazardous waste facilities. . In view of the high materials cost* the need to develop new filling and handling technology, the obsolescence of existing dust control equipment# and the added waste disposal problems* rigid containers are simply not practicable for asbestos packaging. / UCCQQ9UZ s^age S ~ ^ III - 3hipsfe&at in Uncovered vehicles Prohibition of transport of bagged asbestos I OpSR vehicles would - result in 5-svcza ana costly disruption, to the industry , particularly ta small businesses. Two sodas groat be eoissidcredr f 15 skipssssrt of TXr amou&b* of palletized bags on flatbed trucks and {2} shipment of LTL quantities either palletized or as individual bags from ware-- ... houses and other sources to small users. Flatbed truck shipments are the result, of specific transportation needs and are handled by both contract and common carriers, examples includet but are not limited to* the movement of product from the ziill to the rail shipping point* deliveries to larger users within ^ & limited geographical area from an asbestos mill, and backhaul.of; ...asbestos from the supplier to the asbestos user's plant, In this type of shipment* the pallets generally are protected by one or more of the following procedures; - Pallets are shrink or stretch wrapped with plastic film , ^ - Individual hags are enclosed in plastic film prior to palletising, ' - The entire load is protected with a canvas or plastic cower. t Shipments from warehouses arc typically less than truckload* i.e, , from a. few bags to a few pallets. Although the total tonnage is a 1 relatively modest percentage of the total U.S. usage, it is estimated that sag-1000 businesses, many of them small, axe serviced in this manner. Examples include manufacturers of caulks, adhesives, sealants, ! ; mastics,, reinforced plastics and high-pcrfOrmasYce specialty industrial ; coating/ In these eases* asbestos is used fee provide unique proper- I ties ta a product. Although bagged asbestos 3S*y move In closed trucks ! in inter-city shipments, a substantial amount Xm transported in open j . vehicle*, in this situation, the pallets normally axe ox should be | covered with plastic film. Similarly, where individual bags are ! handled*, they are either covered or lined with plastic film. f. ! The dot concern seems to be the need to avoid airborne asbestos | emissions to the environment from the moving vehicle. This can and ( is being achieved in open vehicles today. Prohibition of their use ! is nob needed or Justified. ` 1 I ^ ~ Pcfi^ition of Occupational Exposure to Asbestos \. I A far-reaching ing>act of this proposal comes from a wording which l occurs ^with variation to identify the type of carrier, in Parts 174, 115, 176, and 17?. This is illustrated in paragraph 177.844; [ *Asbestos must be loaded, handled, and any - l asbestos contamination of transport vehicles i removed* in a manner that will prevent accu| pationaj exposure to airborne asbestos parti- cXes/*1- (Emphasis added) / uccooBim-..^-.^ ?sgd 7 it Is asstnsad that prevent occupational exposure* means what it is-y-Iiss, i.s. aero exposure, soise fundamental problems result;-. Asbestos is ubiquitous is the environment and there are no work places where there Is aero occupational exposure to asbestos., Z&TO sr _osy other artrerneiy iow-iavsi-"exposure rsq;rirer>E-jjt, ts s practical matter would produce the use of bag and compressed block packaging. With the very large voliraa of asbestos shipped, occasional container damaga may occur. There is no provision for this in a sero exposure standard and the problem cannot be eliminated entirely regardless of the container winsU Such a require** ment weald be incapable of compliance. . -... r -* - The wording also does not define which workers are covered by a DOT standard. It is assujaad that the DOT jurisdiction applies only to employees of the transportation employer who are engaged in Specific tasks in proximity to the transport, vehicle. E^loyess of the manufacturingthe warehouse facilities* and the end user of the asbestos would be under OSHA asbestos regulation. The wording in the proposal lacks; (1} deer and concise definition .of the statutory authority under which the regulation would fee pro mulgated and identification of workers to fee covered, {2} definition Of occupational exposure to include a specified numerical, level, .apeoifOration Of fiber length and aspect ratio of fibers? and (3) an analytical method to measure airborne fiber concentration. ^ " leading by Consignor, Onloading by Consignee i The meaning of the reguixezaent that bags shipped in closed transport fee loaded by the consignor and unloaded fey the consignee is not clear, ; Does this mean that tr-ssfeporfc company employees cannot load, unload, 1 or tranmkip? If so* such a restriction would seriously impact on the small user. Present asbestos packaging satisfies the statutory re quiresent of *no unreasonable risk*. An added restriction is unneces sary, . WZ - Tbe Dse of Package Harkings ,, The proposed regulation places asbestos In Class orm-C, but labels are rsot required. OJUS-C identification on shipping papers is neces sary only for air and water transport. The proposal does not define package marking requirements, it would appear* however, that para graph 175.316 of the Transportation Act would require a marking on each package, i-e. ASBESTOS 0RK-C Under present GSHA regulations, every bag of asbestos isaust bo labeled* CMTTIDS ' Contains Asbestos Fibers . Avoid Cheating Post Breathing Asbestos Oust May Cause . Serious Bodily Harm ..... UCCjQQ91Z9__;___r, rage S Taxs is a sora informative marking than that: required under paragraph 2_?i-lib- The OSHA Bti.pulati.on that this label atyst be ots evesy hag of asbestos is folly responsive to the Department of Transportation marking requirements. The Association respectfully submits its views on this Ir^pcctsffct. rulemaking proposal affecting the asbestos industry. He ill be happy tie provide any additional in form tion or clarification of these cQgzsaenfcs as Bright be desired. RHM:sm Enclosures H-Wi:**' ',-?4'v ;,rtfcj,.X/?v.r b;>y-v^>tV" :.; ?yj / ..ucofloaisp--