Document JvpKpLpR74Z7DYzXkN92kpjEr

FILE NAME: Drywall Spackling Compounds (DWSC) DATE: 2004 DOC#: DWSC080 DOCUMENT DESCRIPTION: Consumer Product Safety Commission Notice CFR - Ban of Certain Products with Respirable Free-Form Asbestos Pi. 1304 16 CFR Ch. ii <1-1-04 Edition) This C om m ission believes t h a t th e r e d u c tio n o f lead to a level o f 0 08 p e rc e n t will not affect the availabiltv of w aterbased or latex paints. Sales of such coatings currently exceed sales of sol vent based coatings, and because of the drying problem m entioned above, the trend tow ard increased use of waterbased pain ts rnay be accelerated som e w hat by the effects of the ban. (ci) Alternatives. 1) T he C om m ission has considered other means; of achiev ing the objective of this sule, but has found none th a t would cause less dis ru p tio n o r d islocation of m anufac tu rin g and other com m ercial practices, consistent w ith public health and safe ty(2) T he C om m ission e s tim a te s th a t this ban may. because of testing costs and the necessity for improved house keeping practices in the m anufacture of paint and sim ilar surface coating m aterials to prevent lead contairnination. have some relatively m inor adverse effect on individual firm s w ithin sonic m arkets. (3) T h e C om m ission, how ever, finds th a t com petition will not be adversely affected by tfiis rule. A lthough costs of reform ulation and testing may be rel atively higher for sm all m anufacturers th an large m anufacturers, these costs art; not so onerous as to lead to greater c o n c e n tra tio n in th e In d u stry . T he pe- tied of tim e before th e effective date is sufficient to minim ize problems of compliance w ith th e rule. (4) T he re d u c tio n o f th e p erm issib le level of lead in paint will affect paint m anufacturers, raw m aterials sup pliers, professional and non-profes sional p ain teis, and m an u factu re!s of furniture and children's articles. For those producers of p aint which are a l ready .subject to th e regulations under the Federal Hazardous Substances Act (FHSA), the im p act of th is CPS A hart will involve only a change to non-lead driers since lead pigm ents are pre cluded fro m p ra c tic a l use u nd er th e 0.5 percent lead restriction now in effect u n d e r th e FHSA (18 CFR i5G0.17(a)18)). The m anufacturers of some painted furniture who were not affected by the 0.5 p e rc e n t lim it u n d er th e FHSA m ay now be, if they use lead pigm ents or driers. Producers of children s articles w ho w e st su b je c t to th e 0.5 p e rc e n t FHSA lim it will have to ensure th a t th e p a in t th e y use conform s to th e 0.08 percent level. (el Conclusion. T he C om m ission finds th a t this rule, including its effective date, is reasonably necessary to elim i n ate or reduce the unreasonable risk of lead poisoning of young children th a t is associated w ith the banned products w hich a re described in 1303.4 and th a t prom ulgation of the rule is in the pub lic interest. PART 1304-- BAN OF CONSUM ER PATCHING COM POUNDS C O N TAINING RESPIRABLE FREE-FORM ASBESTOS Sec. 1304.1 S cope and a p p lic a tio n HIM.2 P urpose HIM 3 D efin itio n s 304.4 C onsum er p a tc h in g com pounds as banned hazardous prodvr ts. 1304.5 F indings. AUTBORiTY- bees. 8 0, SO S la t. 1215-1217 as am ended 90 S t a r 500. 15 U.S.C 2057, 2058. SOURCE: 42 FR 833S2. Dec. 15 1077 unless otherw ise noted. 1304.1 Scope and application. (a) - w m j* * -1384- P S . m m M ' ...... , .. freafni-.i-n in -ns-ich. a fibers csb be- seaabki .K-itittoife. o f u a r e 'im m r& im P rb d m ts mites- -seetfous 8 and 9 of the Consumer Product Safety Act. CPSA) (la U S.C. 2057 and 2058) This ban applies to patching com pounds w hich a re (11 used to cover, seal or m ask cracks, jo in ts, holes and sim i lar openings in the trim , walls, ceiling, etc. of building interiors, w hich after drying are sanded to a sm ooth finish and 12} a n ; produced and d is trib u te d for sale to or for the personal use, con sum ption or enjoym ent of a consum er in or found a perm anent or tem porary household ur residence, a school, in recreation or otherwise. <l) these 'or -yviilF'be:th a t they ate being cm m m tm - m- 380 Consumer Product Safety Commission 1304.4 of 4ftj<wy:a rid (3) th a t n o fercsihle con-m rustf product -safety stsaafeni udder rite OPSA -wfedrf' 'p u ttie f l M :*hs u w r a s t o i ris k o f iniluiry asSoeiato^' isitk ' th e) ..p ro d u cts. This rule applies to th e harmed haz ard o u s p ro d u cts defined in 1304 3 and describ ed fu r th e r in 1304,4. ft) Only consum er products are sub ject to this regulation. Patching com pounds which! a re c o n su m e r p ro d u cts include those which a consum er can pu rch ase. Merely- lab e lin g a p a tc h in g compound for industrial use would not exclude such articles from the ban. if th e sale or use of the product by con su m e rs is fa c ilita te d . Sr is su b je c t to th e ban. P atching compounds which are labeled as, m arketed, and sold sole ly for industrial use in non-consumer environm ents are not subject to the ban. In addition to those products which can be sold directly to con sum ers, th e ban applies, to patching compounds containing respirable free form asbestos which are used in resi dences. schools, hospitals, public build ings or other areas where consum ers have custom ary access S1S04.2 Purpose. The purpose of th is ru le is to ban consum er patching compounds con taining intentionally added respirable, ft ee-form asbestos. T hese p ro d u cts present an unreasonable risk of injury due to inhalation of fibers w hich in crease th e risk of developing cancer, including lung cancer and m esothe liom a, diseases which have been dem o n strated to be caused by exposure to asbestos fibers. 1304.3 D efinitions. (a) T he d e fin itio n s in se c tio n 3 of th e C onsum er P ro d u c t S a fe ty A ct (15 fj S.C. 2052! a p p ly to th is p a rt 1304. (b) Asbestos m ean s a gro u p of m in e ra l fibers composed of hydrated silicates, oxygen, hydrogen, and other elem ents such as sodium, iron, magnesium , and calcium in diverse com binations and are: Amosit.e, ch ry so tile, crocidolite, anthophyllite asbestos, acu n o lite as bestos, and trem olite asbestos. (c) Free-form asbestos is th at, w hich is not bound, or other,vise "lockeri-in" to a p ro d u c t by re sin s o r o th e r bonding agents, or which can readily become airborne w ith any reasonably foresee able use. (d) P atching compounds tire m ix tu re s of talc, pigm ents, clays, casein, ground m arble, m ica or other sim ilar m ate ria ls arid a b inding m a te ria l such, as a s bestos which arc sold in a dry form ready to be mixed w ith w ater, or such com binations in ready-m ix p aste form. (e) Consumer p a tch in g compounds d ie those th a t are custom arily produced or d istrib u te d foi sale to o r for th e per sonal use, consum ption or enjoym ent of consum ers in or around a perm anent or te m p o ra ry ho u seh o ld or lesid en ce, c\ school, in recreation or otherw ise The Comm ission considers th a t patching com pounds for application in these consum er environm ents are eith er dis tribured for sale to or arc for the per sonal use or enjoym ent of consumers. (f) Intentionally-added asbestos is a s b esto s w hich is (1) added d e lib e ra te ly as an ingredient intended to im part specific c h a ra c te ris tic s , o r 2} co n tain ed in th e final product as th e resu lt of know ingly using a raw m aterial con raining asbestos. W henever a m anufac tu r e r find,-; o u t t h a t th e finished prod uct contains asbestos, th e m anufac tu re r w ill be considered as knowinglyu sin g a raw- m a te r ial c o n ta in in g a sb e s tos, unless the m anufacturei takes steps to reduce the asbestos to the m axim um extent feasible. (g) In itia l introduction into commerce occurs when the m anufacturer ships a product, covered by this regulation from a facility- of the m anufacturer to a d is trib u to r, re ta ile r, of user 1304.4 Consumer patching com pounds as banned hazardous prod ucts. :issibsisibiaa m tiig kv^ie- 'tiismirnex- &ch*ng com- gMtwfe- cdfifm iiiog ro s p lta b |p 'froa.-fhrm '- *hesferj*i w hteh hdvdbpett ii.ift.fti.Hy in- froduiihd .nth m m n m i a f t e r Ja n u a ry In addition, ail other consum er parching compounds containing in ten tionally-added. respiiable free-form as bestos, no m atter when m anufactured or initially introduced into commerce. 381 1304.5 U CFi? Ch. Si <1-1-04 Edition) are banned hazardous products after J u n e ii, 1S78. flSM M (4),. The 'tegim 'm& 'w ftit* hi' the risk tif mitay... The OwrehiMk i m # th a t ttas risk uf injury vhlt&-thfet tksdgaed to eUiiiinate # r reduce:is from <wtsm, H idudiog Jurtg '<xmm -t .mesuthfel.loi. in assessing th e degree and nature of the risk of injury to con sumers. the Commission has reviewed experimental data and human experi ence inform ation. The Commission noted that in the scientific literature, ifcfere. is .genoeaI: th&js.-tM re is no; know n' threshold ie v a i' below w hich ^exposure to.'.tespifiihfefreefo rm ashestosw nuld:b caKsiiferifo safe, F ur ther, d..;tife' bkhik.;f sbh s d g n t p c Opinio, i t appt;as's fo i:li Cokmossioxi- th at ohiU-fim are "ytsh-ier- able m catcinogehs": btshadso' o f t h e # longer potential lifed m e and their rapid , rate of; growth. In areas of the country where asbestos may not be prevalent in the environment, the m ajor r is k fcf exposure fo r children, hud e th e r s m a y c o c u r lK th e household. In areas of the country where more asbes tos fibers are present if! the environ m ent, the public is exposed to additionai risks from the presence of asbes tos fibers in households and other con sum er environm ents. T h e ' Commission concluded or the basis o f these factnfe th a t . cunsuraer p atching . compc'iuids Chrpi.h>& iespiT itb lh ffrp ed th 'h i asb es to s present an tmreusouabfo risk of in ju ry fh thn public, in addition, a risk assessm ent was made. For purposes of this assessm ent, the' sifofesd the-use o f -parching hompouskfeb y T h e p p u f o r six fo c u s & dil.y fo u r tipnes a y a m to b e ' high-yfo. :rea- 'sm M y fteesabiif.fispiisure. The in..; creased task of dpath 6rpm' resp ira to ry c-arscer a-fl* tiiktyd a t ;b etw een ;10. atid 3Jjf; per fo il-' S.iOrt.-for five y e a rs of exp o su re a t th e se levels, the risk increases geometric aily an d is e s tim a te d a t b etw een i.OfiO and 12,000 p er m illio n . The lower e s tim a te of 10 p er m illio n is closet to th e a c tu a l is h for a one-year exposure N everthe less, in view of th e .seriousness of the in ju ry and thi: c u m u la tiv e effects, o f as bestos exposure, even this m inim um figure represents an unacceptable risk. T hh'.C dfetnfssiuH 'bfilihvei 'th u s re d u c in g s^ su r .fu ..re sp h a h le frfo-form asbea- toy ix t::ti> p .:'h d ih h rr.e p tP s h n t;s :a ,s u b s t a n c i a l d e d c - a s e . . m r i s k . . t o tM 'isu m ers, Ship; fo r m a n y p u ep fo y th u a m jo r Expo s u r e ,t: in h o l fo ie a s b e s t o s ' i s ' i n t h e hotnu(b) Products subject to ihe ban. Con surner patching compounds as defined in 1024.3 id), !e), !f) includes such p ro d ucts as drywoll sparkling compounds and tape joint compounds (commonly know n a s `j o i n t c e m e n t'' or "ta p e joint m ud"). The Comm ission esti m ates annual shipm ents of patching com pounds s u b je c t to th e bon at. a p p ro x im a te ly ,10-50 m illio n " u n its ." or individual packages of various sires from 0.5 to 25 pounds dryl or 0.5 to 5 gallons wet). The Com m ission believes that about half the patching com pounds sold in 1977, and in ten d ed for sale to or use or enjoym ent by con sum ers, were form ulated w ith asbestos Many others containing significant levels of asbestos contam ination will also be affected by the ban (c) Meed o f the public for the products and effects o f the rule on their utility, cost and availability. P atch in g com pounds, though used prim arily by com m ercial construction w orkers, are also used by consum ers, and are used for th e patching and sealing of cracks and jo in ts in and around th e household and in o th er consum er environm ents eith er by co n su m ers or' pro fessio n al a p p lic a tors. The compounds are used lo cover areas on gypsum drywaU which m ight otherw ise be aesthetically undesirable or w hich m ight load to stru ctu ral dam age. energy loss or lower property value. The asbestos in trese compounds acts as a structural reinforcing agent which helps to reduce cracking and shrinkage of the compound over tim e, and which renders the compound more pliable or "w orkable" upon applica tio n (1) Utility. T h e e lim in a tio n of asb es to s front these products m uy re su lt in the increased use or new developm ent of su b stitu tes which have sim ilar prop er ties to those of asbestos, o r w hich im part sim ilar qualities to the product fn current, reform ulations, asbestos is replaced by a com bination of sub sta n c e s, o f w hich tine m o st com m on is attapuigite, a fibrous ciay Some non 382 Consumer Product Safety Commission 1304.5 asbestos form ulations are reportedly patching compound form ulations, and not as effective as those containing as in the prices of other dryw all and paint bestos in controlling shrinkage and products. I t appears th a t, because of cracking over tim e. The w orkability of com petitive pressure from asbestos- some compounds m ay be dim inished as containing compounds, producers of as well. This m ay adversely affect the bestos-free form ulations have not y et u tility derived from the product by passed on to purchasers th eir increased consumers, and by professional con costs. If th e increased production costs tracto rs u n til such tim e as improved of asbestos-free form ulations can be form ulations are developed and avail passed on com pletely as a resu lt of the able to end-users. ban. th e to ta l annual price effect for (2) Cost. A sbestos-free p a tc h in g co m th e y e a r follow ing th e issu an ce of th e pound fo rm u la tio n s m a y re q u ire m ore b an m a y be $I0-$60 m illio n . T he m a g tim e to use. T his would tend to in nitude of th is effect m ay be reduced crease th e direct labor costs of residen significantly in successive years fol tia l and o th er co n stru ctio n and renova lowing th e issuance of th e ban as pro tion. The expected increase is between ducers' developm ent costs are am o r 10 and 25 p erc e n t. T he C om m ission e s ti tized, as raw m a te ria ls becom e m o re m ates th a t th e annual labor cost of widely available, and as price com peti dryw all finishing in these consum er en tion is strengthened because of m arket v iro n m e n ts is on th e o rd e r o f $1 b illion. p re ssu re an d econom ies of sale asso ci The use of nonasbestos patching com ated w ith production. pound form ulations in all applications (3) Availability. T he su p p ly of asb esto s m ay in cre a se th is c o st by $50-$125 m il s u b s titu te s , p a rtic u la rly a tta p u lg ite lion. assum ing th a t roughly half the clay and relatively uncontam inated c u rre n t labor co sts (.e,, th a t portion talc, for use in the m an u factu re of now associated w ith th e use of asbestos patching compounds m ay be insuffi fo rm u la tio n s! a re a ffected by th e 10-25 c ie n t to m e e t th e s h o rt-ru n dem and percent increase. The burden of this which is expected to be stim ulated by c o st is ex pected to fall d ire c t ly on ow n th e p ro m u lg a tio n o f th e ban. F u rth e r, ers of existing homes who m ay engage m any sm all producers probably lack in some renovation, and on purchasers th e technical capability to reform ulate of nevvlv-renovated or newly-con th eir products, and m ay be forced to structed homes. These increased costs cease production, at least u ntil form u are expected to dim inish over tim e as lations of satisfactory cost and per form ulations im prove and as applica form ance are developed. T his m ay af tors become more accustom ed to using fect some professional contractors. In nonasbestos form ulations. The use of the short run. consum ers m ay be indi asbestos su b stitu tes m ay also lead to rectly affected by delays in dryw all fin cost Increases in th e m anufacture of ishing and building com pletion. patching compounds. The Commission (d) A n y means o f achieving the objec estim ates th is cost, w hich m ay vary tive o f the ban while minimizing adverse w idely from firm to firm , a t an average effects on competition or disruption or dis o f 5--5 p erc e n t. T h is is m ade up p ri location o f m anufacturing a n d other com m arily of increased costs of raw m ate mercial practices consistent with the pub ria ls and of fo rm u latio n research and lic health and safety. T he adverse effects developm ent. It is expected th a t the of the ban on patching compounds con price of m any patching compounds taining asbestos is reduced by lim iting m ay lise as a result. Producers, dis th e ban to intentionally added asbes tributors, and retailers of patching tos. O ther alternatives such as lim iting compounds m ay also have to incur th e scope of the ban only to products costs associated w ith the disposal of purchased and used by consum ers or to products in inventory. The Commission issuing a ban w ith a la te r effective estim ates th a t the wholesale value of date, were considered by th e Commis m anufacturers' and distributors' inven sion. However, none was found th a t tories a t the tim e th e ban becomes ef would cause less disruption or disloca fe c tiv e w ill be a p p ro x im a te ly $15 m il tio n o f m a n u fa c tu rin g an d o th e r com lion. These costs m ay be reflected in m ercial practices, consistent w ith pub th e prices charged for asbestos-free lic health and safety. 383