Document JrZZY4apEbV1XE4Qzo2YKq4gv

K.W.Nalao* Vica President Environmental Affairs mmco February 6, 1375 ;ov -X . i_: .a Socket Officer i-oclcat H- 073 U.:>. Dsaartcan; of J-abor Room M362G 200 Cor.3ti cution Avenue, '7>7 /fashington, MC 20210 Csar Sir: AdARGO Incorporated hereby submits its ccir-x^ntB wich regard to the October 9, 1975, notice of pcoposad r'liir.iaking, as 3et forth in the 'federal Register. Vnl-rr.a 40, Mo. 197, and requests an informal nearing cn this proposed revision to the aseestc3 standard. Vary truly yours, irrj/i ak n.c io s are {T.ubTair.aad in : r i: ecru p iicata) copies sent to MJMessei - - MOVamer REDenham ASARCO Incorporated 1208roadway NewYork. N.Y 10005 (212)732-9500 ASARCO ELP 0000761 Comments of ASARCO Incorporated or. the 035IA Proposed Asbestos Standard as contained in the federal Resistor Vol. 40, h'o. 197 (October 9 , 1975) . Incorporated, hereafter also termed the Company, non-ferrous metals producer and operates two asbestosts, among others. Both plants produce asbestos-cement is used in a variety of commercial and industrial s. These plants are new and modern (one constructed one in 1971) incorporating high-velocity local with baghousa controls. npany welcomes this opportunity to submit the following the OSHA proposed asbestos standard: a) (1) .Tinition of "asbestos," although technically correct, '.y includes tremolite, anthophyllite, and actinolite ' substances. The medical data (to date) do not inclusion of the above. ) (1) our tine-weighted average concentration of 0.5 fibers r.t.imeter is too stringent. The "0.5" figure appears as is in fact. Asarco believes that evidence is stify ei-.nngir/j the existing 2 :iber/cc standard. wer number standards without evidence of need and .'ithout that rborne s much t some ded rregular .re samples 7 .ntenancc ; that ; regularly ' ibestos re asbestos Company tries ualified imits ASARCO ELP 0000762 -3- ?ar(o) (2) (i) and (ii) Monthly sampling is much too frequent and burdensome. Asarco's tv.'o asbestos-cement plants employ about 210 people of which 200 may be exposed above the proposed 0.5 fiber/cc standard. For accu.-a.te counting and construction of an 8-hour time-weighted average, as many as 5 samples per employee par shift nay be needed (as noted in Appendix B, Section IV, paragraph A of the proposed standard). Therefore, Asarco's two small asbestos- cement plants may need to collect 1000 samples per month at an estimated cost of $50 per sample plus salaries for two additional technicians for a total of $52,000 per month, costs which can - positively be termed 11 unreasonable. " Asarco suggests monitoring every three months in areas exceeding tho 2 fiber/cc 8-hour time-weighted average (as previously proposed by Asarco). Annual plant surveys are also- suggested. Paragraph (e)(3) The membrane filter method, using phase contrast, illumina tion, is basically inadequate for asbestos sampling. OSHA should recognize this and make some provision in this paragraph for alternative and improved methods. Asarco notes that the proposed us bn. :cou' standard is the only .new standard that docs not contain a paragraph on the "Accuracy of Measurement" (which usually requires an accuracy to a confidence level of 95%) . To illustrate ASARCO ELP 0000763 -4- the inadequacies of the membrane filter method, OSHA should examine the results ot the h'lOSK PAT program, ar. interlaboratory zesting program which gives out known samples to a number of laboratories. Asarco's Department of Environmental Sciences Laboratory participates in this program. Data supplied from PAT (consisting of histograms or asbestos fiber counts) show that a given count of fibers by the membrane filter method is considered valid if it is within 35' of the mean value. Ir. addition, the membrane filter method does not positively identify any fiber as baing asbestos. Only asbestos-like fibers are counted. Asarco has found that fiberglass and even finely dispersed toilet paper fibers may be counted as asbestos using the membrane filter methodUnfortunately, the proposed asbestos standard of 0.5 fibers/cc is an absolute number. The regulation should address itself to the concept of standard deviation and/or experimental error. These are concepts which are inherently important in any analytical measurement and should be included, especially with an inadequate method like the membrane filter method. Paragraph (f) (1) The two asbestos-cement plants, operated by Asarco, already use high-velocity pick up ventilation and total enclosure of the process, where feasible. The older plant, constructed in 1957, recently-installed a new ventilation system to comply with the existing asbestos standarr. of 2 fibers/cc (taking effect in ASARCO ELP 0000764 -5- 1970). in fact, Che s'/s:cr. is so new that air sampling data 13 not yet available. Air sampling data are available for the plant constructed in 1971. This plant uses the best available engineering control technology, in our opinion. The results of the latest regular six-~.or.th asbestos survey of this plant are shown below. ASAkCO Lib : .0. Sample Ho. Sam?1inn Hate Fibar/cm3 1207 1203 1200 1320 13U1 1 3C2 1303 130 1 1305 1306 1307 130S 1309 1710 1311 17-12 1313 1314 1315 1316 2001 2002 2005 2006 2003 2010 3002 3003 3004 4000 4002 4003 4004 5001 5002 6001 6002 6004 6006 8005 2 L/;nin. - 120 nin. " 120 it I* 120 t It 120 " It 120 it it 120 It 120 tt tl 120 tt It 110 it " 105 it 90It it It 105 90It ti >1 120 ii II 120 a t 90 ** II 90 H It 120 It ft 110 If It 240 M C. 67 0.82 0.32 0.13 0.10 0.01 0.20 1.12 0. 36 0.20 0.30 1.10 2.52 0.12 0.24 0.21 0.14 0.20 0.48 0.01 A blank filter was also counted and was found to ba very low. The bUn!:< was subtracted from the above results An c an be seen, even with the most modern technology, six of - ty samples {30 i) excc v:. the OS-IA props sad limit or 0.5 fibe rs/cc . Thu s, full co:reliance with the 0.5 fibars/cc limi using engineering controls is not only highly doubtful, but promises to be prohibitive from a cost standpoint. ASARCO ELP 0000765 6- - Paragraph (4) (.i) Wet methods are specified "insofar as prnccicable." However, so far as Asarco can determine the definition of "practicable" has never been fully delineated by OSHA. This paragraph should be expanded and clarified to include the concept of economic feasibility as an integral part of any definition of "practicable." Paragraph (f)(6) Measurements to demonstrate the effectiveness of the ventila tion system every three months are unneeded because the technology involved with high velocity ventilation minimizes the possibility of accretions or build-ups which would alter the effectiveness of_ the system. An annual survey would be adequate. Another set of ventilation measurements within five days of "any change of production, process, or control" is vague and much too general. At asbestos cement plants, production and process chemistry can change on an hour-to-hour basis although exposures will r.ot change and ventilation volumes will not change. Asarco recommends that this requirement be deleted. Paragraph (g) Asarco disagrees v/ith OSHA over the use of respirators and feels that respirators are a viable compliance method. We urge that-.compliance with whatever standard is ultimately adopted should include the use of respirators to augment reasonably available engineering controls. ASARCO ELP 0000766 - /- Par :. graph (g) ( 3 ) ( i v) Asarco feels that this entire paragraph is unnecessary. The Company's experience has beer, that employees unable to function while wearing a respirator will report to their safety personnel, who will make every effort to rotate them to another job. However, we do not believe OSHA has the authority to require that an employee be given the same seniority status and rate of pay. This mandate also removes a viable respirator use enforce ment technique which would require that an employee use a respirator and, if his respirator use does not improve, then he can be transferred to a lower paying job. Paragraph (h) The requirement for protective clothing for employees exposed -above the limit of 0.5 fibars/cc is ridiculous because the standard is so low that virtually no deposition of asbestos fibers is likely Asarco suggests that personal protective clothing be provided only for employees exposed above the ceiling concentration of 5 fibers. Paragraph (i) (6) The prohibition of smoking or non-food chewing material in regulated areas is virtually impossible to enforce. Paragraph 03lA-sh.ou.ld he aware that many sta c-es require that medical exa inations be provided at no cost to the employee. This is l.'t'.O cane where the two asbastos-camer.t plants are operated by ASARCO ELP 0000767 Asarco. Therefora, the language which makes medical examinations "available at tha employers cost" is superfluous. The present language requires pre-placement, annual, and termination medical exams for employees working "in an area exposed to airborne concentrations of asbestos fibers." This language is much too general and has been a very great problem to Asarco in attempting to comply with the existing standard. As stated previously in the comments on paragraph (d), employees at some Asarco metal smelters repair brake linings, or make bonded asbestos gaskets, or use asbestos rope caulking on an irregular basis for short periods of time (1-15 minutes). . Exposure samples show very low concentrations of asbestos. Asarco. feels that medical examinations should only be required for employee that work in areas exceeding the 8-hour TWA or the ceiling limit. Paragraph (j) combined with paragraph (n) essentially constitute a massive epidemiological study which OSKA is requiring that industry finance to justify OSHA's number of 0.5 fibers/cc. This responsibility should be placed on OSHA and NIOSH and not on industry. Paragraph (j) (6) In this day of malpractice suits and lack of occupational health physicians, Asarco feels that many local physicians would be reluctant*to provide a written opinion for every employee examined. Asarco suggests that OSHA investigate this problem more thoroughly before including it with any of the proposed standards. Asarco ASARCO ELP 0000768 _ r._ feels that it is obvious cha a physician, will err on the side of caution, making some r.~:r. r edict:sly unemployable because oi she written opinion. I'arr.qraph (m) (1) The language requiring that exposed surface "be maintained free of accumulations of asbestos fibers, which, .if dispersed, would create an airborne concentration in excess of the exposure limits" is much too vague. Any minor spill of asbestos fibers could violate this requirement, especially at the low number standard proposed by OSHA. The language should be clarified to say that "all exposed surfaces in the place of employment will be kept reasonably clean and spills should be cleaned up with caution to avoid dispersing asbestos fibers." Paragraph (m)(2) OSHA should recognize that other types.of waste disposal methods, such as pellatizing, or otherwise bonding asbestos waste, are possible. OSHA should not limit the waste disposal methods to sealed impermeable bags or other containers. EP.V s NESHAP program has recognized that pelletizing or bonding asbestos v/aste is essentially harmless. This section needs to be rewritten to reflect these facts. ?.v:r.vV:.;A (n) The entire section on record keeping is unduly onerous . As stated previously, OSHA* appears to be requiring a massive epidemiological study to justify the proposed standard. ASARCO ELP 0000769 10-. - Th<a records of mechanical ventilation measurements and employee training should not be required to be kept more than or.e year. Paragraph (it) (0) (ii) Although Asacco agrees that exposure measurements should be available to employees, the Company feels that the language "designated representatives" should be clarified to read "legally designated representatives" which would allow greater confidentiality of these records. ' Paragraph (n)(7)(ii) The need to notify, by letter, every employee and former _ employee of a transfer of records would be a Herculean task for many industries. For example, one of the company's asbestos cement plants has a 70" turnover rate. Therefore, the number of former employees is very high. Asarco> feels that the transfer of records should ba advertised in the legal notices of local papers. ASARCO ELP 0000770 I