Document EVwx9xxgO59Zeb7dgVaV6V7V
` FRICTION MATERIALS STANDARDS INSTITUTE, INC., EAST 210 ROUTE <4, PARAMUS, NJ 07652
December 26, 1984
To: Health and Environmental Affairs Committee Subject: EPA Response to NRDC Petition to Prohibit the Use of
Asbestos in Automotive Brake Linings
On December 20, 1984 we distributed our BULLETIN NO. 813 which enclosed a copy of the response made by the Environmental Protection Agehey (EPA) to the Natural Resources Defense Council (NRDC) on their petition asking EPA to prohibit the use af asbestos in automotive brake linings. In that Bulletin we noted that we had not as yet received the copy of the text as it would appear in the FEDERAL REGISTER. It was printed in the FEDERAL REGISTER on December 19, 1984. A copy of that notice is enclosed. While I have not made a word-for-word proofing of the texts, the FEDERAL REGISTER Notice appears identical to the earlier text except for the addition of the comment date (March 18, 1985) and re-numbering of major sections of the response. This is sent to the Committee for its consideration.
E. W. Drislane Executive Director EWD/e Copies:
Delegates and Alternates IRC Committee
FMSI-0416
FMSI02576
FRICTION MATERIALS STANDARDS INSTITUTE, INC
FEDERAL REGISTER NOTICE OF DECEMBER 19, 1984: EPA RESPONSE TO PETITION FILED BY NATURAL RESOURCES DEFENSE COUNCIL TO PROHIBIT THE USE OF ASBESTOS IN AUTOMOTIVE BRAKES
40 CFR Part 763
commence a civil action in a district
1OPT8-211015; TSH-FRL 2726-8)
court of the United States to compel EPA to initiate a rulemaking proceeding -
Asbestos; Response to Citizens'
as requested in the petition. Any such
Petitton
civil action must be filed within 60 days
AQEMCY: Environmental Protection Agency (EPA).
action: Response to Citizens' Petition.
after EPA's denial of the petition or. if EPA fails to grant or deny the petition within 90 daysafter the petition is filed,
within 60 days-following expiration of
SUMMARY: The Environmental Protection the 90-day response period.
.
Agency (EPA) is granting a petition filed Q. Evaluation ofthe Petition under section 21 of the Toxic
Substances Control Act (TSCA) by the A. Introduction
Natural Resources Defense Council, Inc., to prohibit the use of asbestos in automobile and truck brakes. EPA baa commenced an appropriate proceeding to address the risks which may be. posed
by this use of asbestos.
date: Submit written comments on or before March 18,198$.
ADDRESS: Submit written comments in triplicate identified by the document control number (OPTS-211015) to: TSGA Public Information Office (TS-793), ' Office of Toxic Substances, Environmental Protection Agency, Rm. B-107,401M. St., SW., Washington, D.C. 20480.
A copy of the petition and related information (with any confidential business information deleted) is located in: Room E-107, Environmental Protection Agency. 401 M St., SW,, Washington, DC 20480.
This material is available for viewing and copying from 8 am. to 4 p.m., Monday through Friday, excluding legal holidays.
On September 12,1984, EPA received
a petition from the Natural Resources
Defense Council, Jnc. (NRDC), -
requesting that EPA prohibit the further
use of asbestos in automobile and truck
brakes under section 8 of TSCA. The
petition requested a prohibition-of
.
asbestos in both brakes far new cars
. and trucks and in replacement brakes
for existing vehicles. The petition argued
that the risks posed by asbestos in
brakes are unreasonable and that economically and technically feasible
substitutes are available.
'
In order to promulgate any roles under
TSCA section 8, the Agency must
consider a number of factors, including,
among other things, the effects of a
chemical substance on human health
and the magnitude of exposure; the
benefits of utilizing the substance: and
the availability of Substitutes for the use
or uses of the substance being assessed.
15 U.S.C. 2805(c)(1). The Agency has
conducted a review of the available
information pertaining to the use of
TOR FURTHER INFORMATION CONTACT.
asbestos in brakes, including the
'
Edward A. Klein, Director, TSCA
' information in NRDCs petition. A
Assistance Office (TS-799), Office of
summary of that review, including ah
Toxic Substances, Environmental
evaluation of the risks posed by tibia use
Protection Agency. Rm. E-543,401 M St., and the availability ofsubstitutes, is
SW., Washington, D.C. 20460, Toll-free: presented below.
'
(800-424-9065), In Washington, D.C.: (554-1404),
B.iliak Presented by Asbestos .
Outside the USA: (Operator--202-554
1404).
'
Asbestos is a demonstrated human '' carcinogen `that causes lung cancer and
SUPPLEMENTARY INFORMATION:
mesothelioma (a cancer of the chest and
I. Introduction
'
abdominal linings), as well as other lung
Section 21 of the Toxic Substances Control Act (TSCA), 15 U.S.C. 2620, provides that any person may petition the Administrator of EPA to initiate a proceeding for the issuance, amendment, or repeal of a rule under
various sections of the Act. EPA may
disorders. People are exposed to asbestos throughout the life'eyde of the substance--when asbestos is.mined, . milled, processed, fabricated into ' /industrial and consumer products, and ' when those products are used, repaired, and disposed of.
hold a public hearing or may conduct an
With regard to the use of asbestos in
appropriate investigation to determine
brakes, it has been estimated that about
whether the petition should be granted. 2,750 people are potentially exposed
EPA must either grant or deny the
during primary manufacturing of brake
petition within 00 days! If EPA grants
friction materials, and that about 550,000
the petition, EPA shall promptly
people are potentially exposed to
commence an appropriate proceeding. If asbestos during servicing and repair of
EPA denies the petition, the reasons for vehicle brakes (Ref. 6). For example,
denial must be published in the Federal persons ip brake service and repair
Ragbl^m, andThe petitioner may-
shops typically are exposed to asbestos
when dust is blown out of brake drums
being replaced, when brake linings are
roughened to increase friction properties, and when brake shoes are relined.
Use of asbestos in vehicle brakes may also result in increased asbestos fiber concentrations in the ambient air. For
example, EPA has evidence-that motor vehicle braking most likely contributes . between 0.23 to 1.3 percent of the concentration of asbestos in the ambient air (Ref. 7). Both general population and
workplace exposures to asbestos fibers from its use in brakes may result in an increased number of asbestos-related illnesses, including cancer.
C. Availability ofSubstitutes
The petitioner asserts that
-
. economically and Technically feasible
substitutes, most prominently
-
semimetallic friction materials and '
aramid fibers, are available to replace
asbestos in brakes. ERA has.analyzed
the availability of substitutes for many
asbestos products, including brakes, and
that analysis is summarized in
Appendix A of the "Regulatory Impact
Analysis of Controls on Asbestos
Products" (Ref. 2), which is included in
the public record established for
NRDC's section 21 petition. EPA
acknowledges that new substitutes for
-asbestos use in brakes are being
developed and that EPA's analysis
(summarized below) may not include
recent developments.
1. Heavy vehicle brake blocks. Brake
knocks are components of brakes that
are riveted or bolted to the insides of
brake shoes to provide protection
against the heat and wear caused by
braking. Heavy vehicle brake blocks are
used on heavy duty trucks, buses, and
other heavy duty vehicles. About 34
percent of all asbestos used in brakes is
in this category of use. Asbestos heavy
vehicle brake blocks account for about
99 percent of the market for heavy
vehicle brake blocks.
Until recently, the only commercially
available substitute for asbestos heavy
vehicle brake blocks was a semimetallic
brake block using brass and zinc chips
in an organic binder. It is not considered
as good as asbestos because ft performs
erratically at different temperatures. It Is
also considered inferior to the asbestos
brake block in resisting wear and
minimizing brake fade. Recently, aramid
fiber products, such as Kevlar, nave
been introduced, but aramid fiber
products are now more expensive than
asbestos products, and there is not
sufficient evidence to determine
whether aramid fiber products will be as
effective as asbestos in this application.
Information suggests that such products
may last longer than BSbestus-based
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products, but verification of this
discs brakes in the original equipment on new substitute products that are
information as well as information on
market are asbestos and 50 percent are currently being developed. The Agency
price and efficacy of the products are
semimetallic. In the replacement brakes has an ongoing workgroup, whichwill
needed before EPA can determine
after-market approximately 70 percent review these comments, will continue to
whether continued use of asbestos in
of disc brakes are asbestos and 30
investigate the availability of effective
brake blocks presents an unreasonable percent are semimetallic.
asbestos-free substitutes for use in
risk.
Semimetallic disc brakes cost
- vehicle brakes, and consider
ZJLight andmedium vehicle drum .
approximately 3 times as much as the appropriate options to address the risk
brake linings. Drum brake linings are
asbestos disc brake pads, but they last presented by asbestos in brakes.
made of friction materials which cover curved metal shoes in a drum brake
about 40 percent longer than the . asbestos pads. Semimetallic disc brake
IV. Record
About4B percent of all asbestos used in ' pads cannot substitute for asbestos disc EPA has established a record for
brakes is in this category of use. Light
brake pads in every application because information relating to the NRDC
vehicle asbestos drum brake linings may of inferior performance characteristics. petition. The record includes
be used in both the front and rear
EPA has information indicating that
information considered by EPA in
brakes of light and medium vehicles,
semimetallic disc brakes should be used developing this response and consists of
primarily on the front wheels. However, only in cars with power brake systems the following categories of information;.
moat passenger vehicles still use drum because otherwise the semimetallic
(1) The NRDC petition.
brake linings on the rear wheels. At
brakes may not provide enough stopping' (2) Appendix A ofthe "Regulatory
least 96 percent of drum brake linings
power. EPA also has Information that
Impact Analysis ofControls on
are still asbestos. Until recently the only substitutes for
the semlmetaliic brakes are slightly inferior because the user has to push
Asbestos Products." (3) Other information on substitutes
asbestos brake linings which appeared harder on them before they are warmed for asbestos In brakes.
to have any potential were semimetallifc brake linings. However,, these products tend to perform erratically at different temperatures, fade, and produce more noise than asbestos-based linings. More recently, brake linings made with aramid fiber have been developed. However, these are more expensive
than the asbestos product'and there Is
up to get the same performance as with
asbestos brakes. EPA is-aware that a good deal of
product research is being done to
develop effective substitutes for asbestos in brakes. EPA is seeking additional information on substitutes for
asbestos in brakes.
(4) Information received from fee public concerning the petition. ' _
(5) Memoranda summarizing meetings and telephone conversations with the public concerning the petition.
(8) Appendix} of the "Regulatory
Impact Analysis of Controls on-
Asbestos Products." (7) Appendix N of the "Regulatory
not currently enough information
ill. Conclusion ` -
Impact Analysis of Controls on
available to judge the performance of
aramid fiber brake linings. Furthermore,
EPA's evidence indicates that large volume production of aramid fiber brakes may require substantial retooling
by brake manufacturers. Therefore,
aramid fiber brakes may not be available in substantial quantises for several years.
9. Heavy vehicle disc brake pads. . Disc brake pads are steel plates lined with friction materials which rub against a rotor. Heavyvehieles rarely use disc
brakes. About 0.1 percent of all asbestos used in brakes is lit this category of use.
Semimetpllic disc brake pads are about 20 percent more expensive than
the asbestos disc brake pads but they last about 30 percent longer. The semimetallic* disc brake pads are not
considered to be good general replacements for asbestos disc brake pads for heavy vehicles because semimetallics perform better than asbestos only in hostile, high-friction,
high-heat environments. 4. Light and medium vehicle disc
EPA has decided to grant NRDCs _ petition becuase the Agency believes that the use of asbestos in brakes does present risks,to human health. EPA is initiating a proceeding to gather information on the desirability and feasibility of reducing risks associated with the use of asbestos in brakes. EPA will analyze the exposure from uses of asbestos, die risk presented bythose uses, and die substitutes for such uses. EPA will also gather information of the price, efficacy, and availability of substitutes for asbestos in brakes. After analysis,ofthis information, EPA will determine what further action is appropriate to address the risks which may be posed fry this use of asbestos.
Based op Information reviewed to date, EPA is not prepared to make an unreasonable risk finding for an immediate ban of all uses of asbestos in brakes at this time. Effective substitutes may not be available for certain applications of asbestos in brakes and substitutes for other applications are not
Asbestos Products." A public version of the reoord,
without any confidential business information, is available to the public in the Office ofToxic Substances Public Information Office, from 8 a.m. to 4 p.m., Monday through Friday, except legal holidays. The Public Information Office is located in Rm. E-107. 401 M St.. SW.. Washington, D.C.
Dated: December 14,1884.
William D. Ruckelabania,
Administrator.
[FR Doc. 84-33120 Filed 12-17-84:1.14 pm]
urns core awa-ao-u
brake pads. These are the same as disc brake pads for heavy vehicles, except
available in sufficient quantity because of limited production capacity. Retoaliiqt
'they are smaller. About 20 percent of all may be required to make substitutes
asbestos used in brakes is in this
available in large volumes. .
category of use. In the disc brake
The Agency invites the public to
market, semimetallic brakes have
submit comments on issues relating to
already made larger inroads, and as in the petition. EPA is particularly
the drum brake linings market, aramid- interested in receiving information on
based brakes are just beginning to be
both the current availability of
introduced. Approximately 50 percent of substitutes for asbestos In brakes and
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