Document 71v3O98rqd8XnYwxwwmZrOppe
3768'- Federal Regular / Vol. 51. No. !9 / Wednesday, [anuary 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 JStermlnes that a risk of injury to .
health or the environment could be
eliminated or reduced to a eufBdent
extent by actions taken under another
statute administered by EPA. EPA may
net promulgates rule under section 6(a)
ufTSCA'unlasaBPAftndiitUintht
public fhtersst to protect against the risk
by action under TOGA. EPA Ends that
no olherlaw admtntslered by EPA will
cllintnala or reduce the risks bom
aabasloa to a sufficient extent.
Several EPA etalotes have been used
lo Unrit-asbeetor exposure. fat 1973.-P.PA
uaed the authority of the CAA to list
asbestos aa a haterdotis alrpollutanU
establish a "no visible" emission
standard for manufacturcra, and ban the
nee of epray-uppliedaabostgs-
lOTitolnJng material Batnsulatton In
buildings, publlahedln the Fuderal
Redder of April 0.1973 (36 PR 6826).
EPA amended this regulation to 1976 to
ban asbestos-containing pipe lagging, by
a rule published -Inthe Federal Rodder
of October 12,1976 |4U PR 48292): and In
1979. extended die ban to all uses of
*prayad-<m asbestos by a rule published
in the Feidend Register, of funs t9.1976
(43 PR 26072). The CAA rule, which was
last amended on April 8. ISM (46 FR
i 3056). also regulates the removal of
asbestos from buildings and the disposal
uf wastes generated by removal.
However, the CAAbeo limitations.
The CAA does not apply directly to Indoor elr In tire workpiece or bores.
Consequently, any poislbleaddttional
naa of that statute may leave many
workplace or home exposure situations
inadequately controlled.
..
Another EPA dalule that.could bn
used to Hoilt asbestos exposure ta the
Sara Drinking Water Act [SOWA). EPA
nnnounoed lts Intention to consider .
asbestos lor Inclusion In Its proponed
National Revised primary Drinking
Water Regulations by a Notice
pubtiebpd id the Federal Register of
October 6,1963 (46 PR4&602), Hpwever.
oven IfiheSDWA is used to set a
drinking water standard for asbestos. It
would necessarily Ignore the Inhalation
risk associated with asbestos. ,
Ah additional EPA stfttote that iionld
bo usqd (o.limit aebestoslexposure Is the
ResotMp CdhserVsIidn arid Recovery:'
Act (KCRAhOnSfr RtRA. B$Acbuld
(1st asbestoses eTtaidrilouE wqife and
subject dabostoa watte to general RCRA
requiretoenU.deatgned to reduce exposure.However, su'drectlotl under
RCRA would only reduce exposure
during the disposal of asbestos end asbestos products.
VIL Analysis Under Section 9(a) of
T8CA
Under section 9(a)(1) of TSCA. the' Administrator te required to submit a raport'to anoiherFiideral agency when two determinations are made. The Rret determination U that the Administrator
bar reasonable baait to conclude that a chemical substance oi mixture presents or will present an unreasonable risk ol infury to health or the environment, lbs second determination te 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 9(a)(1) provides that whore the Administrator mekesiltase two determinations, EPA must provide an opportunity to the other Federal agency to assess the risk described lu the report to interpret Its own statutory authorities, end lo Initiate an action under the Federal laws that It administers. Section 9(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 sunimariute pest aod contemplated action by other agencies and tben discussal why those agencies ate not able to prevent ot sufficiently reduen ttut unreasonable risk presented by asbestos.
A. OtherAuthorities Affecting Asbestos
Under the authority of the Consumer Product Safely Act (CPSA. 16 U.S.C. 2061) the CPSC has Issued rules banning consumer patching compounds containing respirable asbestos (19 CFR Pari 1304) and artificial emborixlne mu tori ala containing respirable asbestos
(16 CFR Part 1305). Thu CTSC took those actions based 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 Haxardous Substances Act (FHSA, 15 U.S.C. 1281) banned "gqnorel-uee garments containing asbestos other then garments having a bone Tide application for personal protection against thermal injury end so constructed that the asbestos fibers will not become airborne under reasonably foreseeable conditions of su'1 (18 CPR lS0at7|. The FHSA Is now administered by the CPSC.
In I960, CPSC Issued e general order requiring persons to furntsb Information on the use of asbestos to'ceftato consumer product categories. CPSC has also measured potential consumer
exposure to asbestos from such products
as asbestos millboard, asbestos paper .
products, end stove door gaskets.
08 IfA began to regulate asbestos (it
the workplace In 1871 under the
Occupational Safety and Health Act (3)
U.3.C. St, OSHAct). Since the Bret
workplace standard setting a limit of 13
ffee was promulgated In May 1971, the
workpiece standard bus been twice
revised and It now Z f/cc (TWA). An
Emergency Temporary Standard (KTS)
establishing a permissible level of DJt
f/cc wee published in the Federal
Register of November 4.1983148 FR
31088). but the ET9 woe found Invalid by
court. OBHA proposed e revised standard In the Federal Register of April
10.1984 (49 FR 141181.
The Mine Safety end Health
Administration (MSHA) acting under
the Mine Safety and Health Act has
adopted 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 In 1978 and catls for PR),
of 2 f/cc.
Itosaible jurisdiction over other
aspects of asbestos risk may He with still othnr Federal agendas. For
example, the Asbestos Information
Association (AIA), commenting before e
Senate subcommittee on esriy versions
ofTSCA, noted that the Federal Tradn
Commission may have authority lo
require labeling, distribution, end
marketing of asbestos products end that
thn Departmont of Transportation has
authority to control transportation of
buxnrdoua subetanoe*. such as asbestos.
1971 Sonata Hearings at 224*227.
State and local publtn employees are
generally excluded from coverage under
the OSHAct. However, under Motion 19
of the OSHAct, OSHA has approved
State pinna for 23 States and two
territories, thus etlflottvety extending
08HA protections to State and local
public employees In the Jurisdictions.
EPA has proposed a rule to establish
requirements similar lo those of the
05HA Asbestos Standard tor State and
local public employees not under e State
plan who conduct asbeBtos abatement work. However, other public employees,.
such at Breftghtors, are not covered by .
this rule.
,..
B. EPA is Determination Under Section PfoJnfTSCA
FJA isjpul required to submit s report
to other'agencies under section 8(a) on the asbestos risks described In this notice since EPA' hoe determined that suejt risk* cahnbt be prevented or
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