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 FMSl 02443