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 FMSI 02577 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 FMSI 02578