Document LpGw4k1ZX0gYB87q7vYaV5E9X

FILE NAME: Drywall Spackling Compounds (DWSC) DATE: 1977 July 29 DOC#: DWSC049 DOCUMENT DESCRIPTION: Federal Register - Proposed Rules - Consumer Product Safety Commission - Respirable Free-Form Asbestos FRIDAY, JULY 29, 1977 PART V CONSUMER PRODUCT SAFETY COM M ISSION RESPIRABLE FREE-FORM ASBESTO Proposed Rolemaking BON - 01241  -n> B noraV M f5tl B -sfi28(iD SiESP.^'fiS]iSfS 38782 ' PROPOSED RULES ' CONSUMER PRODUCT SAFETY The Commission also believes it is in recognizes th a t autom atic repurchase of CO M M ISSIO N the public Interest to- regulate these banned hazardous product would not products under the CPSA since it may be available, as I t is to the caw of a ban [ 16 CFR Part 1145] be more difficult for Interested persons under the FH3A. Under section 15 of RESPIRABLE FREE-FORM ASBESTOS to participate in rulemaking proceed the FHHA. 15 UJ3.C. 1274, and th e ac ing- under (he FHSA titan th e CPSA companying regulations a t IS OPB. 1500.- Proposed Rule* to Regulate Consumer because the proceedings under th e FHSA 202 and .203, hazardous substances th a t Patching Compounds and Artificial Em- are likely .to be more complex and hay been banned m ust be repurchased barbing Materials (Embers and Ash) form al. by to e m anufacturers, distributors, and Containing Respirable Free-Form Asbes in order to ban hazardous household retailers of th e hazardous substance: re tos, Under the Consumer Product Safety substances under section X u) (1) (B) of gardless of w hether the substance was Act , th e FHSA, th e Commission m ust follow banned a t the tim e of Its sale, to con AGENCY: Consumer Product Safety the provisions of section 701(e) of the trast, a ban under section 3 of toe CFSA Commission. Federal Food, Drug, and Cosmetic Act th a t bans products distributed In com (FFDCA), 21 UAC. 371(e). Section merce on toe effective date iff to e ban ACTION: Proposed rule. 701(e) of th e FFDCA provides for a two would not provide for repurchase a t toe SUMMARY: The Commission proposes stage rulemaking. After th e Commission banned hazardous products distributed to regulate consumer patching com proposes a regulation, analyzes pom- in commerce. } pounds and artificial emberlzlng m a menta, and issues a final regulation, ad Fanvoau. terials (embers and ash) containing versely affected persons may subm it ob respirable free-form asbestos under Ute jections to the rule and request a public T he' Commission therefore proposes Consumer Product Safety Act (CPSA) hearing on th e objections. If th e objec below- to regulate consumer patcl ing instead of the Federal Hazardous Sub tions are legally valid, those parts of the compounds and artificial embcrlringj la- stances Act (FHSA), to address tb s risk regulation objected to are stayed and a terials containing respirable free-fi of cancer associated w ith Inhalation of hearing Is held to receive evidence th a t asbestos under th e CPSA instead 1 ubeatoa fibers. According to the CPSA, la relevant and m aterial to the lssuee the Commission may s o t regulate under raised by the objections. Accordingly, pursuant to pror the CPSA a risk o f Injury th a t could be A lter completion of th e bearing; th e toe Consumer Product Safety A ct. eUmtnatert or reduced to a sufficient ex ten t under th e FHSA. unless th e Com commission m ay issue a final regulation. However, this regulation m ust be baaed 30(d). Puh. to 92-513, 8 Htati 133 amended 90 ata t. 510; 15 U B .C .': mission finds by rule th a t It is in the only on substantial evidence- o f record (d )), th e Commission proposes- public interest to do so. TheCortuntalo n obtained a t the hearing, and m ust set T itle 15, C hapter XL Subchapter B,J v>ttffi nraUmixiarfir found th a t t t l i b i ttu fo rth detailed findings of fact on which 1145 be amended by adding the fo" public interest to regulate these product th e order la based. The cem m lsatonti tog new 11145,4:1 under th e CPSA. p ast experience w ith form al rulem aking t U 4& 4 Couum er patching comp DATES: Comments concerning this pro under section 701(e) has been thattheeo proceedings are lengthy, resoutee-eon- coalmining respirable free-fa bestos| risk a f cancer assoelau posal m ust be received by August 39, stnalng; and often inefficient in efietttng im . ;v;': s inform ation on which th e Oommistloa Inhalation o f asbestos fibers. ADDRESS: Cominerito' ehsftild be sent m ay m ala a decision. T he Commission finds th a t-ltls-i publle interest to regulate toe ' to : Office of th e Secretary, Consumer Product Bafety Commission, Washing to contrast, section 9 (a)(2) of th e CPSA requires bans to be issued to ac cancer associated w ith Inhalation < ton. D C. 20301. cordance w ith th e inform al rulem aking bestos fibers, frton consumer FOR FURTHER INFORMATION CON provisions of th e Administrative Proce compounds under the Consumer net Shfely A ct rath er th an und' TACT: dure Act- (S U.&C. 953). Although th e CPSA requires the Commission to pro Federal Hazardous Substances John Llsfcey, Office of Program Man vide an opportunity for oral presentation . cause of th e desirability of avoir *lbly tm gtfiy resource-con agement. consum er Product Safety Commission. W ashington. D.CS. 30307 of comments before lsnitng end presentation required a b b y an se . c th tio e n . : -Inefficient rulem aking proceeding* (391-492-6557). 9(a) (2) ta inform al and couadversarlat to Federal Thmirtwm Substanc SUPPLEMENTARY- . INFORMATION: A ban undersection S of the CPSA, whilfo and because of toe availability 1 penalties under th e CPSA. The purpose of th is notioe it to propose providing an-adequate opportunity foepublle participation, is le a likely to In T he Commission oho behaves i a rule under section 30(d) of th e Con volve extensive delay, since th e C om m is;complexity and form ality of th e : sum er Produce Safety Act, (CPSA). 15 U SD . 2070(d), to regulate consumer sion Is n o t required to utilize form at, m alting proceedings under the r contrast to rulemaking proceed tHfttrhfng compounds artificial cm - rulemaking, l a addition, since the pro-ceedtaga-under section s of th e CPSA der th e CFSA, may make It dlffic berlaing mat erials containing respirable' free-form asbestos under the CPSA. ate lesa complex and-form al th an those ^iTnthereersetfeodrep,ercsootnwsntmo epraprtaictciphainteg. Although th e risk of Injury from lung under th e FHJ3A. the commission ismore likely to obtain participation from pound containing asbestos shall beg cancer and mesothelioma associated w ith these products could be ltmW ^ Interested persons, Including consumers, ulated under th e CPSA. th an if the rulemaking la conducted- (Sec. 30(d). Fob. to -47*. as Beet. : or reduced to a sufficient extent by ac tion under th e Federal Hazardous Sub under the fh sa . -. united, ee ate*, bio ( u p r o . a tm tt stances Ant (FHSA), 15 USD. 1201-' T he Commissionhas also prellm lnaj . . 1143.5 Bmherlafag msterlele (em determ ined th a t tt'ie In th e public ln^ end ash) a n U a fa g reepiraile I 1274, tiro Commission has prelim inarily determ ined th a t It is lit th e public hx- tersst to regulate-consum er patching form Mbescoe; risk o f ameer terest to regulate these products under compounds and artificial emberlxlttg Mpv dated with Inhalation of lull m aterials containing. respirable free it- fiber- , the CPSA, The Commission believes th at it is in form. asbestos uadeg the CPSA rath er -'- The Commission finds th a t it : th e public Interest to regulate these con th an tire FHSA. since the CPSA. unlike th e public Interest to regulate the : sum er patching compounds and artificial the FHSA. provides th a t persons who knowingly violate the Act are subject to of-,cancer associated w ith tohalatiu emberlzlng m aterials containing respi rable ficee-form asbestos under tire civil penalties. The dvfi penalty provi asbestos fibers under toe -Con CPSA ra th e r tita n th e FHSA. bice the sion may provide additional incentive for Product Safely Act rather than rulem aking proceedings appropriate to compliance under the CPSA. regulate these products under th e FHSA However, If the Commlsstoa does de vX nroaax R a re r Fact U45 eeadati are likely to be lengthy and reaource- cide to regulate these products under I I 114S.1 sa d n U m e propoMd a t *l~: 33S3ff (A ugust 10, MW ). Seetten U K J i oopsumtng. section 8 of the CPSA, th e commission proposed a t 43 Fit 3608* (July 13. 1077). FE04XAL MOIST, VOL 42, NO. I 16^-HUDAY, JULY 2, 1V7T B O N -01242 PROPOSED RULES 38783 th e Federal Hazardous Substances Act because of the desirability of avoUtog possibly lengthy. resource-consuming, and Inefficient rulemaking proceedings antler th e Federal Hazardous Substances Act and because- of th e availability of cM l penalties under th e CPSA. The Com mission also believes th a t th e complexity and form ant? of th e rulem aking pro ceedings under the FHSA, In contrast to rulemaking proceedings under the CPSA. may make It difficult lo r Inter ested persons to participate. Therefore, embertalrig m aterial containing respira ble free-form asbestos Shan be regulated under th e CP8A. (See. 80(4). Pub. L. 0C-A7S. 8 8 tm t'l2 Jl aa mended, 80 s ta r BIO (18 VAC. 3079(4))) Interested persons are Invited to sub m it, on or before August 39, 2977 w ritten comments regarding this proposal, w rit ten comments and an ? nrwanpanytag d ata or m aterial should be subm itted preferably to-five copies, addressed to th e Secretary. Consumer Product Safety Commission, W ashington. s.C . 30207. Comments'm a y be accompanied by a memorandum o r brief In support thereof. Received comments m ay be seen In th e Office of the Secretary. T hird Floor. 1111 18th St. K ff, W ashington, DjC. during working hours ,,Monday through Friday. B ated: July Wj lfiTT. ' ' 'gB EttoxH . B urra, A ssistant Secretary, consum er ProductSafety CofoaittCon. |ITO S6c.77sIM am iad T -3S-TC 8: am i fonn asbestos, th e proposed effective date Is 80 days after publication of any final banning rule. W ritten oomments on th e proposal m ust be subm itted b? Au gust 39, 1977. There wffl be an opportu nity lo r interested persons to orally pre sent data, views, o r arguments on Mon day, August IS, 1977 a t 10 am ., a t the Commission bearing room, 3rd Floor, 111118th S treet NW , W ashington. D.C. Those wishing to make oral presenta tions should notify the Office of the Secretary by August 8,1977. (3) For artificial emberiztag m aterials containing respirable tree-form asbestos, the proposed effective date is te e day of publication eg any final banning ride. W ritten comments on the proposal m ust be subm itted by August 29, 1977. There will be -an opportunity io r interested persons to orally present data, views, or argum ents on Monday, August IS, 1977 a t 10 m. Those wishing to m ake oral presentations Should notify th e Office of am Secretary by August 4,1977. ' ADDRESSES: W ritten comments should be subm itted to the Secretary, consum er Product safety Commission. Washing ton, D.C. 20307. Persons wishing to make deal presentations should contact B ich ard A. D anes in the Office eg th e Secre tary 209-488-7700. AU m aterial which th e Commission has th at is relevant to thfa proceeding. Including any com m ents th a t may be received on th is proposal m ay be teen to . and eoptaa may be ob tained from the Office of th e Secretary of th e Commission. 3rd Floor, 111118th S treet NW,, Washington. D.C. sion bad Investigated as a consumercom plaint. was joined by fire Environmental Defense Fund OBDP). The Commission designated the requests a petition to ban artificial emberiztng materiel contain ing respirable free-fonn asbestos. This Product la used on artlfllcal logs and on fireplace floors beneath them to simulate live embers and ashes. (The parenthetical numbers listed be low are citations to a list of documents consulted by the staff; the Ust appears below lust before Conclusion and Propo sal.) 'T h e Commission has granted these Petitions regarding asbestos, based on in form ation discussed more fully below. T he inform ation consists, primarily, of d ata on exposure of industrial workers to i esptreble free-form asbestos (8) and also occasional exposm es of families of workers and others in locations where free-fonn asbestos m ight be- prevalent, aa we& as in other location (87. 31, 38). Inform ation cat exposure of the public to free-form asbestos contained in indlviddnal consumer products is limited. How ever, there Is general scientific and medi cal agreem ent th a t there is no known threshold level bttlow which it is safe for people to be exposed to respirable free form asbestos (35). Therefore, based on Qto svaflablo inform ation tbq.pm mlseton has dedded to propose a ban of these two products. Xn addition, information <m other eensm ner productabthat may contain respirable free-fanm ..asbestos win continue to be devriopedaaarder to determine w hether fm $ l^ rein ls,tio n Is r i 6 ciF R |p S 1304 and 3305] RESHWUn|jftEE40RM ASBESTOS Proposal Tq.Bbli Certain Fetching Ccm' pounds mid Ariffietal Embesting Mate riel* (E n ters and Ash) AGBKCT:V consum er .Product Safety COISmlibbSi. ACTION: Proposed banning rules. SUMMARY: a this document, th e Comnfissioa proposes to b an two consmue r products containing asbestos th a t can be inhaled (respirable, free-fonn asbestos): (1) consumer patching compounds used to join o r repair interior wans and ceil ings (m iring a t Che product before it is applied end sanding cf the product after i t Is applied releases asbestos fibers th a t can be Inhaled) and (2) artificial emberiztng m aterials (embers and a * ) made w ith respirable free-form asbestos fo r use in fireplaces to sim ulate five em bers and ash. Based on Inform ation dis cussed in this notice, th e Commission be lieves th a t certain types of cancer may. result from Inhaling asbestos fibers re leased during the use of these products. P a rt A of th e preamble to this docu m ent deals -with th e general charac teristics of asbestos th a t are applicable to both products proposed to be banned. F a rt B deals with fconsumer patching compounds. F art C deals with artifloiaX am bertdng materials. BATES: (1). .Or consumer patching compounds containing respirable free- FOB FURTHER INFORMATION CON TACT: John Liskty, Office of Program M an agem ent -Consumer Product Safety Commission. Washington, D C. 20207 (301-499-0557). SUPPLEMENTARY INFORMATION: The Commissionhas received the follow ing three petitions requesting th e ban ning of consumer patching compounds and artificial emberistog m aterials (em bers and ash) oootstoing respirable freefofflft BfltxiltflT H P7*-l*.'O n July 15,1578,th e N atural . Resources Defense Council (NRDO and Consumers Union (CU) petitioned the Commission under th e Federal Hazard ous Substances Act (FHBA) to ban con sum er patching compound containing asbestos th a t are used fo r drywaU taping, speckling and sealing of points. The peti tioners believe th a t high quantities of fibers rem ain in the a ir after th ese products are sanded and th e th e fibers substantially increase the risk of mesothelioma and lung cancer. HP 77S : On February 9,1977,th e Pub lic Citizens H ealth Research Group (HRG) petitioned the Commission under the FSHA In p a rt to declare th at patch ing compounds made with tremoUtic talc containing asbestos fibers (tremUUte asbestos) are banned hazardous prod ucts and an imminent hazard to th e publie HP 77-11: On April 15,1977. a request from Ms. Rachel Scott, th at the Commis T h e petitions, relevant sdofittfic and technical Inform ation, andjaeputassion conclusions are more fu i^d esjilb ed be- A ithoudi th e three petitions'ware filed under th e Federal Hazardous Substances Act (FHSA), 15 BB.CclW I.-et seq., and it appears th a t th e riSka.of lnJnry from famg cancer and mesothelioma described -by petitioners are regulatable under the FHSA, th e Commission proposes to ban these products under toe consumer Product Safety A ct (CPSA), 15 D-S.C. 2051, et seq. Section 30(d) of the CPSA. 15 OJS.C. 2048(d), as amended, provides . th a t a risk of Injury associated w ith a consumer product which can be efimlnated or reduced to s sufficient extent by action under a transferred Act, such as the FHSA, may nevertheless be regulated under file CPSA if th e Commission, by rule, determines th a t regulation under the CPSA is in the public Interest. Also published In this Issue of the Fkexiuz Rzotstm: are proposed rules issued to accordance with section 30(d) of the CPSA stating th e Commlesion's finding th a t it is to the public Interest to ban the products described hereto under the CPSA. *- ' Fear A. Becxsxoutis `'-Asbestos* Is general term for any of severalvarieties of mineral fibers com posed of silica, oxygen, hydrogen, and other elements such as sodium, calcium, Iron, or magnesium.' The name Is de rived from th e ancient Creek term for FEDERAL REGISTER, VOL 42, NO. 146-- HHDAV, JUlf 2, 1 W BON - 01243 38784 PROPOSED RULES "incombustible". There are six basic va rieties of Mbeeioe m inerals which ore found la fiber io n a : ctoysotfle (the m eet oommon variety, and th a t ordinarily found In asbestos-containing products!, amaaite, crocldolite, aotlsQUte asbestos, tremoUte asbestos, axwi anthoptiyplte as bestos. Most of th e world supply o f com m ercial asbestos is chrysotile, th e fibrous fo ra of serpentine. Asbestos m inerals all have nonfibrous counterparts of the some eb eatcal com position and crystal structure which, aw more abundant and widespread th an the osbestiform variety but the cryatalfiaation of these norm ally nonfibrous min erals into fibrous forms is a rare occur rence in 'n atu re. '{June 3. 1977, CPSC/ H ealth Bclences, C7>.) Asbesttform m inerals are 'generally characterised by the following p ap erties; th eir ability to be broken down into sm aller fibrils; great elongation; h a t resistance; resistance to taiotransformation; flexibnity; high-tensile strength, and splimablUty. DrasAsxs Bb u e d xo Asbestos Bxrosuas I t is Im portant to note th a t -the as bestos content of a given product la not necessarily th e sole criterion of Chat product's relative health risk,'fa r in nu merous products the fibers are tightly bound or ere encapsulated in the'prod u ct composition. A potential health risk occurs w hen asbestos fibers became air borne, such as by mixing, sanding, or cleanup operations when using patching compounds. A single individual engaged in such a process may be exposed to po tential asbestos fiber inhalation risk and may also cause exposure of other indi viduals in th e vicinity. C ertain malignancies are related to exposure to asbestiform m inerals. Both anim al btoassay data and epidemiologl-' cal studies support th is canehutan. AH commercially available farm s of asbestos which have been tested are car cinogenic in mice, rats, ham sters, and rabbits OARC, 33). . Some conclusions from a Review (Huff, SI) of the m ajor literature on asbestos are; 1. finder experim ental conditions, as bestos is pathogenic in anim als. Asbestos la known to be carcinogenic m humans; causing lung cancer, mesotheliomas, and pleural lesktoa. 2. The mechanisms 'o f pathogenicity are poorly understood. The etiological significance of fiber ties o r type is con troversial, and th e phystochemlcalprop erties of various asbestos types as re lated to biological effects ore Incom pletely defined. 3. L ittle is known about the clearance rates of asbestos from tissues, th e trans po rt of asbestos w ithin th e organism, or th e metabolic alteration of asbestos in th e body. 4. Antmft? models necessary to ac curately predict th e potential effects of asbestos in humans have not been de veloped. 5. Q uantitative dose-response ' rela tionships between asbestos inhalation and related diseases have not been de term ined for anim als or humans, and m inim al exposure levels required to cause dl-- are not known. a. wraHgmmeia can rise 20 years or more after occupational exposure; how ever, they also reportedly resu lt from in direct, non-occupational exposure. 7. Available d ata Indicate th a t as bestos Is a w idespread environm ental pollutant. .The most common diseases th a t might result from asbestos exposure ara; 1. ' Ashestools: .a diffuse, interstitial, nonm allgnant. scarring of th e lungs; .2. Bronchogenic carcinom a: a m alig nancy of the interior iff th e lung; 3. Mesothelioma: a diffuse malignancy of th e fining of the idlest cavtty (pleural mesotoefioma), o r of to * lining of the abdomen (peritoneal mesotheliom a); 4. Cancer of the stom ach, colon, and rectum . . ' Asbestoala may be evidenced, in its ad vanced stages, by characteristic m anifes tations on X -ray films, by restrictive pulm onary function, or by clinical signs of finger dubbing or roles (dry, cracking sounds w ithin th e lung). Its m ostim por ta n t symptom is dyspnea, or undue shortness of breath. T he disease is pro gressive, even in th e absence of further exposure, as those inhaled fibers which have been trapped w ithin,to e lung con tinue their biological action. In its severe form s, death results, fro n t to e inability of th e body to obtain requisite oxygen or from th e heart's totiuriu.tcr.pump blood through to e searrdjlurjgw<>'' wiMiflfhrttrimh diffuse and spread rapidly torouajtoptito* cavity of .origin. They havejre tw b e successfully cured by any typeiOf^trpatment, includ ing chemotherapy, radiation, or surgery. D eath usually restdhN dtoin a year of diagnosis. I t may abebunt for ana death in several .thousandth th e absence of an environm ental arrocdupattonal asbestos exposure. In some groups of asbestos workers, it may account fo r one death In te n . Once established, the other asbestosassociated cancers differ little from those occurring in th e general population, al though there m ay be variations In the lo cation of toe prim ary site. Appropriate .treatm ent and prognosis follow for the particular tum or. There is very limited long term survival from lung canoer therapy; and only somewhatb etter from treated cancer of tfancofcm or rectum . Aabestosis and -- asbestos cancer, whether it be lung cancer, pleural meso thelioma, peritoneal mesothelioma, can cer of toe stomach, colon, or rectum usu ally do not become clinically evident un til more than 30 years have passed from onset of exposure. The long latency pe riod is now widely recognized. While some such cancers may appear during toe second decade following onset of occupational exposure, peak incidence is often not noted until 20 years o r m ore from initial exposure. This is tru e both w ith regular, long-term , brief or inter m ittent exposures. W hile variations in th e tim e of occurrence m ay depend upon intensity and duration of exposure,-with heavier exposure often being associated with .shorter latency periods, variations among individual cases make it impos sible to predict toe latency period for the risk of any particular person. Clinical data are becoming available concerning asbestos lung scarring in in dividuals exposed a t levels much lower than 'those of occupational circum stances. Among 210 fam ily contacts of form er asbestos factory workers, 38% have been reported to have X -ray changes characteristic of asbestos ex posure (Anderson. Selikoff. Iiflis sad Daum.l97S, a ) ) . In hum ans.. th e latency period for chemical carcinogens may well extend from 20 to 40 y ean o r more. Analogous latency periods have also beat demon strated In anim al studies. This- means th a t to e disease m ay undergo a long pe riod of development before a tum or is actually detected. Cancer developmentmay be inguenced by such factors as the differing suscepti bility at various body argans-to studies it has been found to s t individual variability in response to carcinogens is great depending upon factors such as age, sex, hormonal status, diet, end genetic factors. Thus, Individuals bio logically compromised may be more sus ceptible toon ether groups. . . . . . . . C urctxs Associated W ith Asbestos In December 1973, Im portant new in form ation on th e spectrum, of asbestos cancers was presented a t toe Conference on to e Biological Effects of Asbestos, sponsored by th e International Agency fo r Research on Canoer of to e World H ealth Organization. A t th is conference, and subsequently,-data an large groups of asbestos workers became available (Selikoff, Hammond and Seldman, 1973 (41); Enterline, de Coufle and Hender son. 1972 (12)). As expected, toe high risk of bronchogenic carcinoma and mesothelioma persisted among groups of factory workers. Moreover, these later studies confirmed to e excess gastrointes tin al cancer th a t had been suggested earlier, end extended to e spectrum o f . asbestos related cancers. .(1) Bung cancer. The most im portant cancer afflicting asbestos workers is cancer of to* long, although meso thelioma has attracted considerable a t tention because of th e high frequency among asbestos workers and infrequent occurrence in to e population as a whole. In many groups of asbestos workers, approximately 20% of alt deaths -are caused by lung neoplasms. This has been tru e both among asbestos product fac tory workers (SeUkoff. Hammond and Cburg, 1973 (42); and Nicholson, 1976 (38)), and among users of these products (SeUkoff, Hammond and Seldman, 1973 (41)). The exact percentage varies w ith circumstances of exposure, age of the workers, duration of to e workers' expo sure and, perhaps m ost of all, according to to e duration from th e cosat a t their asbestos work history. In addition, too last several years have seen to e discovery of another critical variable affecting too incidence of lung cancer among asbestos workers, to 2988, SeUkoff and Hammond FEDUAL GIST, VOL, 42, NO. 146-- FRIDAY, JULY 2, 1977 \ BO N -01244 .PROPOSED RULES 8285 (38) resorted th a t lung cancer was not workers. A number of studies now tad l- The Notional Institute at O eupatien^i significantly increased in Incidence c*te th a t to e increase is on the order o t Safety ssd H ealth (BTOBH) treltsd among asbestos workers w ith-no history two or -three ton es to e num ber o f ex heenfiy on to e Britito S tandard in its o f cigarette ;amaktngi although when pected tum ors.(BeUkoff, Hammond -and rccaunueailatluBforprocm lgatton of th e such history w as-present,-tb s incidence Serttunui. 1013.(41) ,'Rhnrs and Bhnpwu, asbestos standard s e t by OSBA 'ln 1972. 0t tang sn eer Increased m arkedly over 1971 ( )). Although to te increased risk tiuw niusnt to th e juunenuxRauCD ts w hat -would be expected among oQicr b reJattrely lim ited. -especteBy -when the OSHA-penmorent ssbestos standard cigarette smdkers, in th e absence t>Tas compared with lung cancer -and m o o - in 1972, xesulte of new evaluation -of bestos -exposure. Thun, these scientists tte fta n V lt is nevertheless of consider the earlier B ritish factory worker popu fah-nlatfri -that a n asbestos worker who able Importance since two- u r t h re t- lation -showed many abnorm al 'X -ray smoked cigarettes h a h .92 tim es th e risk foM In crease to such common -tumors dndtags of tire tangs and pleura. e l dying o( tong cancer, as com pared becomes an Im portant come of death fo r I t is reported th a t there is -sow -an w ia Iflte tadirtduab u d to o u t'd g aw tte the workers tonalred. excess long eaneer-m ortality rate among smoking o r asbestoe "work. T h is finding I t has -been suggested to s t o tte r workers who became -employed w t the h as been mmflrmed b y larg er -Studies tum ors'are oho increased to Incidence textile m ill after 1933 and whose lack of fgammrmd end flellknff. 1.973 (17)) among --asbestos w eikera. particularly dtaieal or X -ray -evidence o f asbestosis where, again, it m s found th a t non canoers-ot the larynx (S tall and McGEL Jed to tits developmentof tile B ritish a s smoking asbestos workers had tern tuog 1979 -(IS); Wewbouse -and Berry, 1973 bestos standard. cancers w hite those w ho -smoked .had (94 )), and a t -toe -esophagus (Sellkoff, .A nother report o f on ongoing study of m uch more tan g caneerdhaa wredd have Hammaod. *aod S d S n sa, 1913 -(41. worker* (a n d to e tr fam ily mem bers) to .been -expected had th ey a o t been as However, d ate eeneanlng these -neo a factory producing auw sttaovbestos be bestos workers. Calculationssuggest th a t plasms are less extensive th a n fo r hmg tween 1941 and 3954, w hentoa factory cigarette-sm oking asbestos workers h aw cancer,-mwothelteim* and gastro-intesti- dosed, has shown -a htefa incidence c f aprpoxhnatoly eig h t tim es th e risk -of n al cancer and fu rth er experiences are X -ray ahnorm ahties aad 2 pleuraljusbo- -developing lung -cancer compared to awaited, f n any-ease, they re no t very thrilnm a deaths haveth u s farheen iden other cigarette sm okers who are n o t oo- oamman tum ors to general and any in tified Cl). eupattonaUy espnaed to asbestos. crease -does n o t weigh heavily act -too I t -Is also reported th a t ehnical d ata (3) Pleural end peritoneal mesothcH- overall cancer risk o f asbestos workers. are becoming swadahle conoeming a s oma.In 1960 Wagner,Sterna and Mareh - , -Occubatuwax. X p asu n c bestos hm g scarring in JndM duals ex- aad (47) -dem onstrated-sut .im portant- poaed at.n u ich low er than pccupatinnol association between orijestoa exposure . -jbeparte of puhnonary fibrosis o r tong lswiB.titodtereeng <l) 3, and pleural mesothelioma. This cancer, scarring, from 'inhalation of sabsstos It^ H arcte a m t tihkt &n taposan which appears to h e.unrelated to amok- . dust to -tte tm ta 'began to sepposg b t th e tfio ttg ltfsag cteitfy Jow Jo lttducAtiibo tag, hadprevlously been considered to be literature in to e early p art u fto to te a - xUc iib ttto s li J im n o t siiw eiitsd a retry ra re .-tmvOT^Kjraercms xwxarte tury.and by 3037 tote hm g acm ring dis rnthnyiiffi* incltuU D g^^cA ii- ' have confirmed tte firid h ig a t W agner ease w as known a s "taabstoeter (Hew- oeromdmesothelioma. tA n d b rS ^ x ;)). and U s coO eatgid^hat mreotorilOBaA hous8U ). e x a h e c a g ^ g jS^ a o ^ te d a M ^aM- lit 1030, to e B rtth ir Homo Office S ur u w uaipj^ r^ p ^ r. vey- by Merewethier and firiee d ) . W W lt'W O B W , XMI WlMwXgajBtC^-'OO X n ttd D W P ^ S ^ ^ e r.a S M , H i) cm- found, th a t approximately H alf o f a -moat ayuausxs cerning w erkhflrafir k B ritish asbestos population of asbestos factory workers JBsesnt d ata indicate to e o w ^ p je b n i factory . demgrafajj fcd' S a t th e nam e woresuffering from pulm onary Afarosts, stoestas cancer from ex p o sm ^ h tow tum or could be found in the lauding to to e totreduotiaa af to e d s- tends o f asbestoe, ss .ta tnyi^MoieataQ abdomen (p a itm & l xneeothdinm a), as ' hestos facto ry Bcgutsttens.-ut 1931. T he chcumatances, o r from -b n ^ b - fn ta r - well as In the abrek ebjecttve iff to e .Begiitetions,- fcnple- ndttefit-exposures to U g hexyS ias.' The exactjrid t of -death -of -these In mented in 1933,w as toxedneeto e risk eff Xn TUhalation espesore -m pstim ents, variably f atgu neoplasms h as n o t been a s asbestos!. rats exposed to asbestos aig fe were re w enriHwadrB i)vaalm gi--tr although J t w as -jsaagnteed. bow erer, th a t to ported -to have devetepett;,tffiiore, to- records o f cases from hospitals n ear one AMMww frm ff iC & f riuding nstsothehom as.trbfa neH ttie ss large asbestos factory Indica t e to s t t t ring, th ere was also increasing oridence a rin tte 7 hours exposure must be very common (Barrow, C anstcn, af -cancer associated w ith asbestos-ex Analysis aftim history o f ssbestos ex Livomese and Bchalet.'lO T , a ) >-in fo r posure.Borne workers whosedeaths were posuream anglndtridtailstna'large series m ation enable tram -th e experience f attributed to ashestosis were b o found iffcosesofrsesothelioiaatoareatB ritain xtoestos insulation w a it suggeststh a t to have b a d hm g oncer. (Nicholson. nnd South M tica h are provided evidence approximately five to aeren `peroeol of CIS)). th a t brier tar in tan n ltten t -exposuue to deaths m ay -be to te to th is ooplasm By I960, through - opirtMniftogii'a) asbestos may, after Che pessate iff dec (Hammond, BeMIrnff *nd -Ctanrg, XM); aiartlrs, -a niwocistion between asbestos ades, result in mesothelioma (Greenberg seukotr, HftTnmnnd a n d Be4dmsn. M73, exposure and iw ontosllm a b ad been end Davies, 1974 ( ) ; 'W ebster, 1913, (41)). M are recently. i t h a s been -sug demonstrated (W agner (4 7 so d m s <40)>. Xn stteh ciram stanacs,.ltappears gested th a t to te estim ate b too Vrw.-oa th a t th e aifettme exposure as less th an th e basis of th e experisoca <ofweaken m dsmiotegteal turtle (Kewhouse- <3U, 100 fftsxa-yesw/m l. 33 sam e discrep- a B ritish asbestos fogtaryWh ere cateula- BeUkoff <37)> and clinical diagnosis. aray between present projected xoo- Hnns predicted tiia t between.19 end 1 1 In MSS, to e Committee of the B ritish xnws and the risks -ofasbestoscanoer-ex- percent of deaths would bo due to meso Occupational Hygiene Society evaluated b(B wintnoansideringeswmeefm esotbdi- theliom a (Hewfaouse a n d B erry, 1075, workere xposure d a ta to n targe asbestos axns resntttng te r n household 'ontact (0 . textile m ill dating from fm ptenantalian with sobsttos amcmg members o f tend- * A recent study of'm esottrifem as-diag a t to e Asbestos JtegUtetians o f 3933 Has o r asbestos worker* (WIHncton, 0974 nosed in a hospitallocated in to e vicinity wttidx indleated th a t th ere -was ^com- (SS)). nr.aioang residents b rin g in the c i a-ithlpyartl reported fm Increased Inci pereitivety little rBnirati :nd/or Toent- rtrinlhro f asbestos *(*nfs.-<eon6iite - dence o f diffuse m alignantmesothelioma gcnvilngicBl ridenoe -of .ashavtoels" set toe todnstrisl dmpcetsnee ham been to e stace'WofM W arH , n o t only among ex th a t factory I n survey completed an y d drsciipttnn -ef asbestoe disease posed shipyard workers, but also among 1K3.Based o n to n t data, th e com m ittee " w y ridptidU ing an d Whip j r pslr tmtWduais -with n o w eeupstlanal expo oonduded by settin g n d rat exposure workstAtow a tw ham aetnaltr workw ith sure. rHaxan. PM) ) . land a t rlflo -fflrarim aia/nd --(or .3 ft- aiherto b u t m any 1 whom ween in to e (3) H astro-tnteEttnal cancer. G astro- herx/m i to r Co yeup) I t monld Provifio fuD w cckingJttotteiow illK K itsobstan- pssk inadvertently sgpossd to .tha -ae%infm o at wwHtthw wm Ehb ne* Af , intestinal m w i (cancer of to e stom ach. colon an d rectum ) are -also -in tis l risk of-devdk)plnKBbestosiB.TOSHA, asbestos proto cts Mr .a -relatively few creased in fncM enca' among asbestos m i , a ;) <gTheir w m kinato. Xn 7988.H hrrtes -of PEOEKAt lECISTEIt. VOL 42, NO. 14--BtlDAY, JULY 2, 1977 BO N -01245 38780 PROPOSED ' RULES tb e R cy il Navy (19) p o rted eases of mesothelioma among shipyard o tte rs a t the Royal Navy dockyard in Devenport, in trades which did n o t directly in volves worker exposure to asbestos, b at in which there had been oooulonal op portunity (o r exposure merely by virtue of working in the sam e areas. This origi nal finding has been widely confirmed and numerous cases of mesothelioma have since been reported In form er ship yard workers rWhitewell and RawcUffe, 1870 (SO)); McEwan e t al, 1870 (3 7 ; Stum phltu, 1971 (48); Greenberg and Davies, 1974, (18). Studies of popula tions o t cu rren t shipyard workers have shown much radiological evidence eg as bestos abnorm alities among workers in trades only indirectly exposed to asbestos In th e yards (Sheen and Templeton, 1888 (44) {Fletcher, 197 3 ,0 5 )). F urther, evidence has indicated th a t -asbestos also acts as a lung carcinogen a t lends much below those which will pro duce asbestoels. Tvro surveys of shipyard duration of tim e ' ' ' The authors suggest th a t th e use of speckling and other matching compounds tm and sanding and cleanup operations) may expose the user and other members of th e household to " * * * significant concentrations of asbestos". In th e household present* a 1U to th e presence fat t&ft* household o f1flertnfia. s5eg~<ii aium w ? exposure to Inhalahle asbestos In th e some can be life-shortening fo r children. " D r. Paul Kotinof the TnHn._Tw.nTHl. I'J 14.1875 0 3 ), D r. K. F. Kraybffl. Chair man, states th a t: faTM tisstan to tb* M e of cardnogMUMs b a n deObtsfi toe aarim ae of a ttiw boM for a esretoegea o r sS least hsv xoatotstaed tbs* tbor* * no asam tabts procedures tor uM sunntt or a ssfe-<me ta r a eenlaogen (Uu thresbald). tCbns. t l has been ececluded th a t i t is not rcsalMs to prove or duprora tb a prennea or tosac* at a tbtsahoid-dosa through downward extrapolation, from the dms-tespoaaa curve to region* of delectably algntoeant doaaga. Tb* oOusem ttim in this direction I* prompted by certain realization* as to tb s aeif-npilcating nature af the can cer cell th e jpoMible existence of irreversible effect*. tb . u p ecu of lu tin g alteration in duced by a tumor-producing event, th e p*Tpetuatied of tb e neojm*ttc lesion after the original Inducer haa diappeared tram tbe miUeu, and finally, tb e posalbUitr of cancer induction from a m utation In a somatic cell. Theso- theoretical concepts have a bearing on th e asbestos issue, particu larly as the question of the existence, or nonexistence, of s threshold level of c a r cinogenic effect. A "no effect" level theo workers -who had X -ray evidence o f retically may exist, but It has hot been pleural plaques, but generally not of pul dem onstrated. Therefore, there is no m onary fibrosis, showed a 3.5-foId ex . c - m r v ________ known threshoiil level below which ex cess risk a t death from long cancer and high risk of mesothelioma. .(Fletcher, nc-i posure to respirable (tee-form asbestos would be considered safe. 187%,(16); Edge, 1978 (8) ) . In a study - - ormt* rcsn u r. u a a tet iottosts to . O t'V rm ortality experience of a largo axuuuunr ue^u u se xo assssxas LMbcstoeprodusts'm anufaeturlng fa - ' , jtw a a found th a t workers In tow Safety <md H ealth ta^eas. w ith am tntm um risk a t death h ad th e same high risk peaura to asbestos from cither patching compounds a t artificial embexlzlng m a A dm tolatratio Labor (C '(tie Departm ent o t Foodand Drug Ad- dth from various cancers as week-. terial* presents an unreasonable risk of and (tie-Environ- . -- / (butter axeaa (Nicholson.-1875, injury ufileiisrt th a t either product m e n ta l^ ^Agency (SPA) each rtSM*)!1 . .. standing alone should be harmed. Tho b a s a i OonuOKtsstai 1**-- so tes th u o n m n scs to asbestos.: ty to regulate exposure ./ - extremely tBfflcclt, If not impossl- ' bjlyto docum entb rlrf exposure reported are exposed to aabeatoa from sources OSBA ! exposure to asbestos togbawe ooourred 20 or m ore years before other th an th e products proposed to r tomwrag. The asbestos fibers are present b_y w__o_rk_e_r_s_!_____ idttstrisl m d comraerS aiaettings Shipi agriculture. The reg Tthe asset a f symptoms. T# determine th e in th e general environm ent has been ulation (39 CER 1810.100U states t h a t ' ,a s type and extent e t noo-oeeupathinel.exw "posare, th e investigator m ust generaHr demonstrated by studies such as those by tiro 6-h o u r time-weighted average air ***'*' ra y on relatives or petsow other th a n Hfiff (31). Setikoff, and Harwood (38). Consumer who axe exposed to asbestos borne oooccir\frsttoBs of asbestos fibers to w hicti'aiiy employe* m ay be exposed th e exposed patient for exposure history. fibers from artificial embers and ssh and shall no t exoeed two fibers,longer than 5 (Much o f th e foregoing Information patching compounds thus receive addi micrometers, per cubic centim eter of air. on asbestos-related diseases was pre tional doses of asbestos and can be pre in 1875, OBECAproposed an amendment pared by he Occupational Safety and H ealth Adm inistration (OSHAJ and pub sumed to face a gxeater risk Hum mem- to lower exposure to J Abets per cubic lished a t 40 FR 47651. October 9. 1875. bera of the population who are no t so exposed, and a greater cumulative risk centim eter n i breathing -air. An OSHA proposal to regulate exposure by workers "Occupational Exposure to Asbestos''boa th an if no asbestos were present in th e In th e bonding construction industries bean helpful In preparing this proposal general environment. Is expected to M ready fo r publication ()). - . A bibliography of additional scientific within,th e next few months. - corpora* xroautut - and medical literatu re reviewed by th e FDA has harmed th e use of asbestos to v Reports of the hazard, or potential fo r ConuntMton is noted below and a n an filters used In the form ulation of paren hazard, from exposure to asbestos result notated bdfitograp&x. is available to r re teral drugs (31 e r a ,211.40(1 and. ing from use of asbestos-containing con view in the Office of th e Secretary. prior to the establishmen t of the Con sum er products are very limited. The sum er Product Safety Commission, only known quantitative study of asbes banned the use of asbestos to fabric tos levels in products regulated by this _______ used fox general wearing apparel. (16 Commission was reported by Rohl, e t al le rftc - CFR 1500.17(a) (7) ).. (1876 (35)), a t asbestos fiber concen EPA regulates asbestos which to re trations m easured during tire use of leased into the air and into th e w ater. consumer apaclding patching and taping _ These regulations (40 CFR 61,42T. 436) compound*. This ttad y indicated th a t ,, He sa n e level, do no t set standards tew allowable airborne-fiber concentrations, exceeding >w which exposure to a carcinogen .amounts of asbestos to the breathing air the interim OSBA allowable excursion does no t cause cancer, may conceivably but rath er minimize or elim inate emis exposure level, were detected during ap exist to r any one individual other in sions from Industrial locations. These plication and cleanup operations, fib ers dividuals may have cancer induced by regulations specifically prohibit th e pres ^ were doteoted "adjacent rooms during doses so low as to bo effectively zero (35) In th e Proceedings of th e Nineteenth ence of asbestos in emissions from plants m anufacturing m aterial* fo r uso to mixing operations and It was imported Meeting of th e Interagency Collabora buOdtogroadways and to m anufacturing th a t * significant concentrations of tive Group on Environm ental carcino Items such as doth , textiles, cemeot, fire asbestos rem ained suspended and could genesis devoted to Threshold Evaluated proofing and friettoa products, paper, r- pervade living quarters fo r a considerable held a t (he National Institute on August felt, floor m aterials, paints, adhesive. i FEDERAL * 5 0 1 0 , VOL 42, MO. 146-- FtIQAY, JUIY , 1927 SON - 01246 i O fO S S D * S 88787 -reabaris. caiks, n d - variety a l other to t o Ooaanisskaa dmHeater th at m ast toe xae or developm ent a t substitutes compounds <#ar -industrial axe which ere sim ilar to-asbestas, o r which iSBesrosiQOTLxmias o te a u n a consm t- axe ytodaitaif to xach -ways th a t ocnn m ers h e re aocess to these prodocte. im part stm Bar qualities to th e product. 8e*endsabstitatesforasbestos In patch tn raoaucxs nr other cornmuos Moreover, merely labeling a patching ing compounds re to current use. T he Jfc June, i97#, 'O u n d k banned the compoundlo r industrial or professional Prim ary economic conocrns focus on th e sate mad im portation -of -sbeetoe-cnn- use atoyl would tkot exclude such articles effect of substitutions on toe utility de tato to g products or use by children. .In tram th e ban. I f to e m anufacturer, dis rived tram toe product-(m ainly in term s A pril, 1T6. Bngl/uwt introduced * -vol tributor or retailer foster* or facilitates of per formance characteristics! -and on untary labeling scheme for products ooc- th e product's sale to or use by consuro- toe prices of patching compounds. b s , the product would be considered a -' Asbestos -possesses a unique combina In Sweden, ib e use of ssbe&toe^ces&ent consum er product w ithin the cope of tion a t strength, pBebnity, -and h eat- products fo r -new erode *s prohibited th is b o a. edld-.'aod-m atitare-'resfatant qualities: M-of Ju ly , 1976, am i fo r m aintenance R ecent court cases have examined the substitutes w hich have been tested to in-existing structures w ill be djacantinued statutory definition o f consumer product these product categories 'often do n o t tar to e -end -at 1977. hfonufacturlng of en d -.indicate th a t -tire -presence o f -e last as torts: o re less workable, and may those .products is soot prohibited. Ac product to * -'consumer environment trice a long tone to perfect (etoestos-free cording to -toe Sw edish.A teodard fo r irould b e considered a prim ary-determ l- spackltog compounds were a t least five O ccupational Rkposwre; , - ......... -tient of whether th a t product is a-con- -years 'to developm ent). Come products "S he XM r aaf JSt/sol s a lowered to sum er-product-under to e CPEA.'I n eon- notreadSy retonaulable may be-dropped lf/m la s B f J anuary, 1977. am i is seised* sidertag to e statutory definition and Its from th e m arket. Availability of substi toed to -be farth er reduced to 09 tf/m l legislative history in light of -these esses. tutes may also be lim ited temporarily on tar 1 January, 1878." .-(June *7. 77. As It appears to th e Commission that sub s regional basis, depending on toe p ain t bestos inform ation Association Cl) ;> - stantially all patching compounds are and buDdtog msteriBte'Jndustries' ability PartB. P atchihc Cotvorntia consumer products under the CPSA. to reform ulate asbestos-contablingprod Asbestos fiber* are sued -to .patching xvAtBAnoti o r the risk ucts. Many producers are, however, eitherpresently m arketing atoestoa-free compounds to reinforce a m aterial as In Assessing to e degree .and n atu re of m aterials or expect to in toe near future. It cures, to control shrinkage and crack to e risk of injury to consurarr*.to r Oom- -Substitution m ay Also lead to ld g h er ing. and to Tetotorce "the m aterial aa mfatei.iiiw reviewed ocperim m ialxteta costs,a production an d prices In r some th e compound i t ataemately-tacposed to and hum an experience fntorm aU an. In dif these products. T be lo tal cost to most- h e a t, d d -and m otetarejafter curing. . o s toe basis f d a te by .Bohi. patching ->-Anipnn^ *mufttlbnlntOTic nf .Asbestos also praridm a m easure of (39) ,-toe Oommhshreig H ealthA d- chemicallyreform ulating products! not ywmri fpyrft staff Jkm calculated s a ynn nfnpnti expected to "he larg e relative to redes; rial, a p d e ahanceg tfccTm t abilt t r of th e risk o f consumer aeposure which i t iA toom sgr, expcctefl th at xcune cost compound. particularly d nrlag -trowel- atth e Office of th e Secretary, Increases w ill occur which mBUSkelyhe tng. The properties -xnaidered by a te based on to e appli passed on h i th e form of higher prices dually to be m ust valuable In 'to e pfep^ ed a ttw n tk s la x M (modtflea- /th is maytae-10 to IS percent). CPrellm- o f pS-tchtUf wttwpmrn^l WTO:'tUfr>: of to a t by E nterltae and Henderson. fti.ipr piMHMuwlwAreVt rtndy--snhw riftn bestos is n o t affected by fungua, mildew, r .J, (ID .to cp jricm in ln g lrn ld ated ted on SpeckUog/Jatot Compounds, OSSA. sapor,-etc. scadf t has tow density; good; uftoe illeratnre. -(flttHfcoff. RQumsnod ) J adsorption aeaUdea; h ig h slaten o e'to Seidmen. 1973, ttK Jglor purposes inventories BTcxisting products in dis etectriclly.-gre and <rikatfae cuhetencesiSHg th is assessment, to e O anm lntoa ecn- tribution channels m ay vary over a vride Sowm agnetic perm eability; an d lttem b t' xiderod to e -use o f -potrirmg compound] range. ClmOady, Inventory turnover cy a sm ooth fiber. by a consumer, ior-sficiiours a day foux. cles a t various pointsto distribution may tostebing oompoawhs m n eactares' -ori- ttu e s year,io h e n h le h yet reacormbly vary considerably. , . j tales. iHBiiwtris. -eteya, ra seln. wrtfcnd fcgrersaWc yearly -exposure. T he -to- . These -conditions jn ay .b e further -ef m arble, m ica o r <*her sttnflar m aterial* teased risk .or d esto A om respiratory fected by -OSRA's voaurse of aotton -on .W ith-water and a binding m aterial such cancer induced Ay th is yeasty epossre asbestos. Should a commercial-industrial as -asbstog. P atching 'compounds are is estim ated a t betw een 10 sudfiUOOOp er fiber lim it standard be -imposed, toe to - A vailable.la d ry form (to be mixed w ith m filion. For fiv e your* of exposure a t dusiry would probablyUmtoste asbestos w ater by th e user) o r ready-m ix paste th ere levels, th e risk toureaaes geom et- Boompaints and o th er bonding m aterials form . T h e product Is used to cover, seal rinoflyread is estim ated a t betw een 1.000 aa well as from patching compounds. or mask,crocks, Joints, trains m d sSmfier .an d 13,000 p erm illion. Baaed o n c u rre n t openings to to e trim , walls, and ceilings, inform ation, to -Cummtssicn -estim ates , EKvntotnnanva xssoss wto.g f laiBrttwfrjBtw iw g. -. to s t to e lower estim ate o f 10 p e r m utton' . The Comndsxioa h as studied the en is closer to 'to e a ctu al ride tar a one year vironmental effects Of -tills proposal os leases m e n using toe d ry form A exposure. N evertheless, in view of to e required by toe R ational Environmental m tx in g 'it w ith water,-c* by trending or seriousness of to a 'to ju ry and th e cum u Policy Act.An environmental assessment scraping th e dried patching compound lative effects o f euSIfestos exposure,' even is m fUa a t th e Ofltoe of the Secretary to to e process of finishing and sm ooth- th is m inim um figure -ropresents a n u n - of -the -Commission -and indicates, by to g to e surface as to remodeling and to aooeptaW e risk .T h e Com mission believes negative declaration, th a t no significant cleanup operations. Such activities may to o t -reducing exposure -to respirable effects .on toe environment are foreseen present a hazard to consumers when toe free-foim asbestos to -toe hom e repre by to e proposals issued below. activity is performed etto er'-by s -con sents a substantial decrease to risk to Avbwetn isam ubiquitous mineral fiber sum er or a -professional -usee of .these consum ers, since; fo r m any people, to e 'th a t has been used fo r many years to products. m ajo r exposure to in h slab le asbestos Is the TJS. in occupational settings end to bufiding bonstruetian. .n ils has led to P atching compounds -covered by Tibia to th e hom e. - low-level, bu t widespread exposure of toe b an .are those th a t a re customarily produced o r distributed for sale to or fo r I xtcsirt R esource CoirammTioHS public.AsbestosJs found to the air, water, th e personal use. consumption or enjoy ASSESSMENT OF SOVSHTOIES and land (in m inute concentrations rela tive to those found in o r near asbestos m ent o f consumers to .o r around a per m anent . o r ' tem porary household -hr The elim ination of asb esto s'from mines or processing facflitles). , xhe -elimination a t asbestos from residence, .a hod, to -recreation or -patching compounds would necessitate patching compounds avalldble to ar.used otherwise,fe tc h in g .compounds th a t are -'-tin iiei statesotAmerica v.Tfce o r enjoyed by consumers willsignificantly l,abeled a s, marketed,.-and .sold solely Co.;vt*l, MiM.Ko.THKE (DB.O ), run IS, a97T..a<tiKr /Itim inum <* cmemfcoi Cofp. r. reduce household Aber release from fo r lndnstriftl uBewould not be within th e jjpec, civ. No. 7S~m (ODeia) M ura n , mixing, sanding, and -clean-up. I t -will scope of this ban. Inform ation available iv n . ' not, however, significantly reduce fiber -FEDERAL GIStE, VOL 43, NO. 14--FRIDAY, llR t 3, -1977 BON -01247 38788 PROPOSED RULES release or fiber to th e general environ* airborne. (Not included to this baa are sions significantly, either nationally or m ent from all sources. synthetic logs, generally m anufactured regionally (m ost of the m anufacturers P ro p disposal ta present inventories of orilulostc products and wax, which are located to C alifornia). A significant is also expected to pose no significant actually sre ignited and consumed by portion of household fiber release is problems stow i t would account fo r a the flames.) accounted for by this product, however, m inor portion of all asbestos disposal EVALUATION o r TEA KISS to homes so equipped. The Commission - Tfco potential environm ental (Le, w ill Issne guidelines 'to wntnimiTM con health) Seats aS the use of substitutes Measurements are n o t available of the sumer exposure to'floating fibers during is, however, on Issue which mrita fur amounts of asbestos to tb s .air from a'cleanup and disposal of embers. Sig th er study by the comm ission and other asbestos-contabling eaberistog mate nificant effects are n o t expected from agencies. No conclusions about the safely rials to homes. However. It appears th a t th e ban Itself other th an Increased of th e known substitutes have yet been th s amount of airborne asbestos in such safety to Individual homes. made. Although th e Commission has no homes would Increase when air currents The potential environmental U.e, evidence th a t th e known substitutes are to the home am created by downdrafts health) effects of th e use of substitutes hasardons, th ere appears to be some con from a fireplace chimney or other activi Is, however, an Issue which m erits fur cern la the Industry on this p o in t Labo ties th at stir air to any roam. Since em- th er study by th e Commission and other rato ry testing m ay be desirable to verify bertztag m aterials may contain up to 50 agencies. There is little inform ation con this point percent asbestos, w hich if not perm a cerning th e safety of th e ember m aterial . T he Commission requests comment on nently bound Into artificial fireplace -substitutes. F urther study la currently o ther environm ental issues as'w ell ss logs would be to respirable form , th e risk under way to collect Information about those raised here. associated w ith etnberiring m aterials k these substitutes and to assess the po n n c n v r B rat considerable since it continues to exist tential health effects of th eir use. 24 hours a day. (Fibrous glass and th e synthetic fiber are T he Commission has assessed th e pos sible effects on. th e relevant industries Inctktrt Rxsomtcx CoHStomtAnoHS sim itar in shape and size to chfysotile, for example). of banning consumer patching com ' ASSESSMENT Or SUSaTWJTES The Commission requests comment on pounds. S tall research indicates th at.as bestos-free products can probably be to The elim ination.of asbestos from emberirtng m aterial m ay result to th e use other environmental Issues as wen as those'raised here. distribution in about six months. 'The Commission also considered the possible of substitutes which are sim ilar to as . xnrxcr ivr sjux Increased hasard to consum ers th a t bestos, or which Im part sim ilar qualities to th e product. V irtually all of th e m anu -The Commission has assessed the'pos m ight resu lt from banning th e distribution of patching compounds 30,ff80, and facturers have developed asbestos-free '.emberiztog m ateriel as of June, 18T7. sible effect* iff banning on th e relevant Industrie artificial fireplace embers 300 days after publicat ion of .final banning rule. T he possihle tacreaiw l hazard There are a t least three substitutes fo r . containing tree asbestos, ap p ears th at many manufacturers have ceased ship to oonsuaere th a t could oris*' during asbestos currently being used to artifi cial emberiztog m aterial: fibrous glass, m ent of asbeatoe-cim tatotof merchan these different tim e periods inuffeensldcxed to th e ooatext of StheqjSsssiiment vermicullte an d a synthetic liber w ith dise. The Commission baa. also eon* th a t asbestos from patching^Cwnpounds asbettos-llk* heat-resistant qualities. i t appears th a t th e synthetic-fiber sldered th e possible increased hazard's th a t m ight result from banning the'dw & $t poses a significant houtaboldgfibar ex* posais risk .to consumer* u stag 'o r en m ixture la substantially more cootbr tributton of th is product) 30, 180, sfiawj joying patching compounds&in th eir th an the other m ixtures. Including three containing asbestos. The other two sub 380 days after publication of a final banning rule. T he continuing availability'' homes, although it nucrnotfpo a sig nificant environm ental flbers<erposure stitute m ixtures m ay be somewhat more o f respirable free-form asbestos to con* --`to " h& rard.O n this basis, th e Commission costiy to produce, depending cq looal raw m aterial availability, prevailing local timers during these differing tim e ^ " ' periods and th e necessity fix- developing proposes th a t th e m anufacture, sale, of fering fo r sale, im portation-and dis prices, etc. The verm iculite-only embers and transm itting to th e public taibnaa.L : tton an environmentally safe means *nf-`t tribution to commre' e t consumer may no t be as effective in creating patching compounds be prohibited SO th e desired "gtowtog'* look; more of the removing th e product from consutoete' days a fte r publication by the Commis m aterial m ey be required to achieve the same decree o f effect provided by tire homes was also reviewed. Based on these considerations, the Commission sion of a final banning rule, n ils prohi bition would apply to products in inven asbestos-containing m ixture.I t is doubt- proposes th a t th e m anufacture, sale, to r y es well as to those m anufactured ful th a t th e price o f emberiztog kits wfil be significantly affected unless a large offering tor sale. Im portation end d lstrt- . button to oommerce iff artificialfireplace a fte r th s effective date of th e final regu lation. sh ift to th e use of synthette-flbcr-con- emberiztog m aterial (embeta and ash) tatotag-m aterlat occurs. containtag respirable free-form asbestos P ast C. A an n cm . EwBemma Mm a rte s -be prohibited on th e day of publication <Met Am S ta n s) Cosxatma Rxsm - mrmoauxiriAL is m s by -tite Commission of a final banning hjlbixnuee yarn* A ssistas The commission has assessed th e en rule. This prohibition would apply to A rtificial cmberiztng m aterials for vironmental effects of this proposal as products to Inventory as we3 as to those fireplaces are generally packaged to required by the N ational Environm ental manufactured a fte r th e effective date of "emberiztog" kits. T he emberWn* mate Policy Act. Its assessment la on fib a t tile final regulation. ria l Is placed under artificial logs to gas- the Office of the Secretary of th e Com F ast D. CfliasAsotuaui B a x o r I w ju a r bunflng fireplace systems or to artificial mission and Indicates, by negative dec and F X A s a iu r r o r S tandards fireplaces fo r decorative purposes. The laration, th a t no significant effects on product Is also glued ts artificial logs, th e environment are foreseen by th e The Commission find* th a t these either a t a factory, o r by a consumer proposals issued below. products are being and will be distrib using an em berirtng kit. When subjected Jut noted to P a rt B, asbestos is a uted to commerce. The Commission has tohlgfa tem peiaturea, th e asbestos to this ubiquitous m ineral fiber th a t has been considered afi th e inform ation currently ovaflable to tto n th e risks of injury con product producee a glow lik e real embers and arit. Asbestos fiber* sre released used for m any years to the 0 B . In occu pational settings and In building con cerning respirable tree-form asbestos to ,w hen th e wnheristag m aterial eonteto- struction. This has led to low-teval, but th e products discussed above TneliirTIny tog asbestos is sprinkled on th e fireplace widespread, exposure of the public. As the frequency and severity of injuries fioor, when glue used by th e consumer bestos Is found to th e.air, w ater, and and the nature of th e risks associated w ith these products. The Commission to attach 'th e m aterial to an artificial log m elts a t-h ig h tem peratures, and land (to m inute concentrations relative to those found to or near asbestos mines prelim inarily determines th a t the pres when ordinary household s ir, currents o r processing facilities). The elimina ence of respirable free-form asbestos to and dow ndrafts cause th e asbestos to the tion iff asbestos from emberiztog kits Is consumer patching compounds and to sim ulated saber and ash to become no t expected to reduce free fiber emis artificial ttnberlztog m aterials (embers FEDERAL REGISTER, VOl. 42, NO. >46--FRIDAY, JULY 2,'t77 B O N -01248 And ash) for tttegbuxa presents an unreasonabte risk o f tnjury to fee public from long cancer and mesothelioma and fe a t no feaatbto standard under the CPSA can adequately protect fee public from such risk. - The Commission stated In a recently issued consumer-productsafety rule ban ning unstable refuse bins <43 VH 30386, June 13. 1977), In discussing fee lack of feasibility of a standard, fe a t, "The Com mission Is not required to look a t fee en tire class of products of which a particu la r hazardous product is a member, Titus, when fee Commission can identify fee particular products fe a t present fee un reasonable risk ef Injury by specifying th e ir characteristics in certain perform ance or design term s, fee Commission can ban these arddea." W ife respect to the products now under consideration, th e characteristic iden rifled Is fee pres ence of respirable Tree-form, asbestos. The Commission believes th a t n o t an patching compounds present an unrea sonable risk' of injury to fee public, only patching compounds containing respir able free-form asbestos. The hazard as sociated w ife this product is fee free form in which fee tubestoe appears. W hile a safe patching compound can be m anufactured. It Is n o t possible to m anu facture a safe patching compound con taining respirable free-form asbestos be cause a safe level o f exposm-g to free form asbestos In unknown. Therefore; it does not appear fe a t a standard for patching compounds containing xespirable tree-form asbestos Is feasible a t this tim e. T he product, artificial em berhing ma terials for fireplaces, containing rtap lrable free-form asbestos, is used only In dry form. Thus, Individual asbestos fibers are never bound together. If th e asbestos fibers were coated by another m aterial to bind fee fibers, i t would no tenser be tho same product, In considering fee dry character o f fee product and the ta c t th a t a safe level of exposure to rwptr&ble free-form asbestos Is n o t known. It does n o t appear fe a t a standard for artificial eosbertdng m aterials containing respir able free-form asbestos Is feasible a t this tim e. The Commission believes th a t no standard can render fee defined prod ucts non-hazardous and concludes fe a t only banning these products can ade quately protect fee public from unreasonable risks of injury associated w ife them . The parenthetical num bers used in rim pream ble abavo ta le r to th e following docu m ents: 1. Andemoa, H. A.,Lilis, R., Daum. S. Flach asto. A. 8 . an d BcUkoff, L J .: Houeeboldcontaet Asbestos Neoplastic Blok. Ann. M.T. Acad. ScL 371:811-333 (1970). a. Asbestos Inform ation Asso,: Inform a tio n from R epresentativo of th e Asbestos in tern ariaeal Association Conference, Hamburg, Ooemany. 1978. Ju n e 27.19 7 7 memo. .. 8. Borrow, it, Oooston. A , Livornese. L. X. and Schiet, M.t M esothelioma and Its Associ atio n With Asbestos, ja m a (s) ; S-07 (1907). 4. ganada. Consum er k Dorporate Affairs. Consumer S tandards D irectorate. P roduct PROPOSED RULES 38789 Safety Branch, Asbestos ta Tors and Model- 90. tillln g to n , O. A, t a l: Conjugal Malig llng M aterials lam a Mo. 3, J ubo, lare, n an t Moeottteiloma. Mow Eng. J. Med. 991 6. Deportment oC labor. Occupational (11); <00-094 (Sept. 13,1974). Safety and Hesito Administration: Asbesto 3. MnTVintltl, 3.C - McDonald. A. D - Gibbs, Dust standard. 3 CFB moJM s. A. W - ot ol: The H ealth of GbiyeotUo As S. D eportm ent oC lab o r. Occupational bestos Mine and M ill W orkers of Quebec. Bsfoty s u l H salth A dm inistration: Occupa Areh.Rnv. H ealth 3*:I (1074). tional Exposure to Asbestos. Morie of n o - 37. McRwcn. J - Plnlsyaon. A- M ali, A., and posed Rulem aking. MR Voi. M, No. 1ST, pp. GUwon. A.AM.: M esotheliom a In Scotland, 47003-47005, (O ct. , 1970). Br. Med. J. 4:574-070 (1970).' 7. Department of labor. Occupational 39. M crewestoer, & H. A., and Pride; C. W.t Safety and Health Administration: Aabeatoa R eport on to e Effects of Asbestos D ust on Dust In the Construction. Industry. Prelim too Lungs and D ust Suppression In Asbestos inary D raft: Technical. Possibility Ascesa Industry. H. M. Stationary Office. London mene, Speckling end Drjvndl Joint Com (1990). pounds, p. 1-U (1*77]. 39. R ational In stitu te for Occupational 8. Edge, J. B.: Asbestos Related Disease in Safety A H ealth: C riteria to r a Recommended Barrow-in-Furness Xnr. Res. li.'le e -247 Standard . . . O ccupational Exposure to As ( 1970) . bestos. (1979). . glutea, P. C. and Simpson, it. 3.C.: Insu 50. Mewbouse, M. X - and Berry. Q-t The lation. Workers In Ballast a. M ortality 1940- Risk of Developing M asotbeliol Among B0. Br.J. Ind. MCd.20: 390-ZS0 (1071), . W orkers let an Asbestos TextUe Factory. KVH 10, England. Hsalth a safety Exec.DepV a t International Congrsse on Occupational Prices and consumer Protection. Asbestos H ealth, Bristol. England (1970). labeling Soborne. April 1970. - 51. Mawbouaa, M. b , and Thompson, H.t lb EnterUne P , and Henderson. V.: A M esothelioma of P leura and Peritoneum Fol model far Extrapolating to bow bevels of As lowing Exposure to Aobestoa in the London beste Sipocure. Presented a t conference on Jut. S ilt. J . in d . Med. 99:301 (190). Problems of Extrapolating the Results of 83. Mawbouaa. M .: Asbestos in tb s Work laboratory anneal Data to Ken and Extrap Pisco and th e Community. Ann Oce. Hyg. olating too Remits from High Doso borei 10:97-107 (1979)., Experiments to Low Dose Level Exposure S3. Hewnouia, M. L - .and Berry, a , Pre Plnehurst, N.C. (March 1970). dictions at M ortality from MeaotheUai T u 19. interline. P,, DeOottfla, P,, and Bendar m ours in Asbestos Pfectery Workers. Br. .J. seli, M ortality in Relation to Occupa Ind. Mod. 83:147-101 (1979). tional Exposure in tb s Asbestos Industry. J . 64. Mewheuoe, M. L , and B erry ,.a.: As- of Occupational Medicina 14 <U) 897-eo t bestos and Laryngeal card n eans Lancet. 9: (1973). Iff. Enttcknap. J. R , and Smltber, VCJ-- 01(1979). A Nicholson. w. J .: Casa Study 1: As Peritoneal Turneara in Asbeetosis, B rit. J. b esto s-' SUT Approach. M.T. Acad. SoL Ind. Med, a ita m i (UM ). 871:117-3 (1P70). 11. Environmental Defensa Mund: Patttion -jr-8J.'B abl, A. M- e t o l: Exposure to Asbestos fo r A ction .under section 19 of tb s ORBA^th th e TJtu o f Ccusum er Bpsrkfing. Patching against fireplace ashes and Logs C ontaining' an d Taping Compounds. Balance 186:651- Asbestos. F ootnote 1. May 12. igTT.' 833 (Aug. 13,1978). 18. Fletcher, D C .: A M ortahty Study ot 37. P-ilkoff, L J .: Asbestos end Neoplasia. Shipyard W ork sa d Pleural Plaques. B r. Ala. f. Med. 43(4); 487-406 (1987). 3. to d . Med. 99:143-140 (1973). W. QeUkoff, L J., end Hammond. S. C. H f I f . Greenberg, U , and Davies. A L - Mes O om nunlty Effects ot Non Occupational En- otheliom a Begtstor 1907-6, Br. J . Ind. Mod. vlrjnm ental Asbestos Exposure, Am. J . Pub. 81:81-104 (1974). H ealth 08(9) ;1658-1880 (19001. IT.'Hammond, * . C- and BMttoff, L J . * . > 89. SeUkoff, L J - Ohurg, J - and Hammond. Cfcutg, J .: Neoplasia Among Insulation Work 00.: The Occurrence of Asbestoels Among ers In th m uted S tates irito Bcpodsl BefsM Insulation W orkers in too U nited S tates.N.V. enoo to Latm Abdominal Neoplasia. Ann. M.T. AnsAofScL 108:180-100 (1906). Acad. fid . 103:010-030 (1980). 40. 8eUkod. L 3, Hammond, S. C . and 18. Hammond. E. O, and SeUkoff, L J .: Ohurg. J .: Ashestoe Expooure, Smoking, and R elation of cigarette Sm oking to Bisk o f Neoplasia. JAMA 204(2): 106-119 (1958). D sath ot Asbestos.Associated Disease Among 41. SeUkoff, L 3, Hammond, E.C, and Insulation Workers la to e U nited S tates, pp- p-iom --, H .: C one Risk a t Insulation 812-317 International Agency ta r Besaarch W orkers in th e U nited S tates, pp. 309-218 o n c e n o (1973). International Agency for Research on Cancer 19. Karriee, p . a .: Asbestos H azard in (1979). Naval Dockyards. Ann. Ocenp, Hyg. 11:134- 43. SeUkoff, L J . Hammond, E a. and 14S (1908). Churg, J .: Carcinogenicity at AmoeIts As 30. H asan. Faysoi M. e t s i: The Sfgnia- bestos. Arch. E n r. H ealth 35;183-1M (1973). eance of Asbestos tomceure In th a Pbigncwls 48. SeUkoff. X. J . Nicholson. W. 3. end of Mfleothliorna: A 9t-year Experience from Larger. A M. Asbestos Air Pollution: Aren. a M ajor urb an Hospital. A m . H er. Beep. Environ. H ealth. 30:1-13, Ju ly 1873. Die. U S: 701-708 (1817). 44. S heen. G .t Effets o f Asbestos fn Docfc- 21. Huff, J . R , Brrannos. A. B . D ing, vald Workers. B r. Med. J . 3:674-47 (1908). 0. An Whittfleld. B- L - and Dlrtckoon. O. D.t <0. S ten. F . K - and M cam , T .; Asbestes Asbestos: An overview, to st. Chsm lcals-Hu- end leuysgeal Carcinom a. Landet 3:418-417 m an and Animat H ealth 8id A nnual Confer (1973). ence Proceedings.- 48. Stum pblus. J .: Epidemiology of Meso 33. IARQ W orking Group on th e Evalua theliom a on W aloheron b lan d . BrJ la d . Med. tio n of toe Carcinogenic Risk ot Chemicals 98:09-08(1971).' to M oa. IABO Monographs on th e Evalua I. W agner, J . O- Weggs. C. A . end M ar- tio n o t th e Carcinogenic Bisk ta M an: As -I,ml, P .: Diffuse P leural MaeotbeUama and bestos. In ti Agency for Research on Con. Asbestos Exposure in to e H arth W esten 1877. Cape Province. B rit. JjndJK ed. 17:280-271 23. Interagency OoUoborarivo Group on Environm ental Carcinogens, 19th Meeting; NIK. Aug; 14,1975. ' 34. Jones. H. B , end Grtodon. A t Envi ronm ental P oston in th e Origin of Cancer sa d firtbnafcion of th e Possible Hazard to M an. F a. Oosmet Toxicol. 18:381-388 (1975). t 0(. 4R. W agner, J . C, at e l: th e BSSela e f the Inhalation atAsbestos in B ata Br.AOora. oer. 29: 63-20 (M T4), 49. Webetor. Xu Asbestos sad M sngnintyBAM edX 47:100-171 < lss). - fedexai K o is te t, v o l 42, n o . 14-- huoay, juiy 29, \ v n BON - 01249 <* ! i (: . - li. f . 387 m o f o $b > u u s K . nutm lL r . u d B. *C: QH- cer *nd snesotfaeKoina, diseases -which designed f a r use to ja e h m anner the -tam Malignant fian ral KtaoUMUmna n t h a te bean d emonstr ated to be caused far asbestos fib ers an become etbone Asbestos Xxposura. -S tu n s AC;a-ga (1071). exposure to asbestos fibers. under raaaonahtr XomswtahlA (xaidlWops ' .CmHXUMtw m Pkeksu. $18043 SefiofeioaL of -use a re banned h asardo ai products offtiiwn g jffij} t Crammer Saoed o n -th e fiuegoing information, fa ) T h e deflrflttons to section 2 of the Product Safety Act TCPSA) 0 5 TJ.C. the Commission proposes to -declare th a t Consumer Product Safety Act (15 UJ3.C. 2057 and 2068). T his ban applies to a rti consumer patebnlg compounds -oonUto- 3053) -apply to to lsP a rt X304. ficial embedxlng m aterials availaide In tng respirable, -tree-Icrm asbestos and tb ) "Asbestos" means a group of m in separate kits or w ith artificial fireplace m nrnm pr patchtng compounds m iain- eral fibers compared of silica, oxygen, lags fo r use to fireplaces and sprinkled tog gw pirahte free-fom i asbestos a re hydrogen and other elem ents such as so o r coated by consumer* an the artificial buuM dhazardous products. dium, tron, -magnesium an d calcium in logs to nhmtlato live embers a n d ashes Accordingly, pam nuant to provtstons d tm se oombtoattona an d includes to e and lve glowing .appearance when e t th e CPRA (sections 8. 9. 3 0 (d ),8 following -minerals; amostte, torysotSe, subjected to high tem peratures. S ags S lat. 1218-17.1231, a s am ended,) s ta t. eroddollte, anthrophyllite asbestos, ac- of.m aterial containing asbestos and sold 505, 1: 15 'UBJC.-3857.3058,3079(1). ttooUte asbestos, and teemoUte asbestos. senarattiy to be sprinkled on and under - the Commitwrion proposes th a t r a te 10, (c) "Pree-form asbestos" Is th a t which axtfOdal fogs to .simulate hunting an d ' C hapter .XX. b e m ended h r adding to is soot bound, -woven, -cor otherwise dow tog ashes Also come within ihescope Sttbchspter m ibe.-folkiataffgm w P aris "toefcad-ta" `to .product fay m ains o r of this ban. u w an d isos. other .bonding -gents, o r .'those from whichfibers can-readily -become-airborne $3S 0S J -Purpose. - PART1504--BAN-OF CONSUMER PATCHiNQ COMPOUNDS CONIAINlNa RESM- w ith any reasonably foreseeable use. The purpose or this rule Is to ban a rti _ .ABLE FREE-FORM ASBESTOS (d) "Patching compounds'* are mix ficial mberlzlng m ateriels containing 8 ec.: tures of .talc, pigm ents, days, casein, respirable free-form asbestos. .These .1304.1 Smpe ana application. around m arble, m ica o r other ejmllar products present an unreasonable risk of m aterials mad '-binding m aterial each Injury tew to Inhalation of fibers which 13042 Purpose. 1804S DeOaltlaOB. sb asbestos-which a re ad d to a dry -form increase the risk of deyeloplng long 1304.* XJm m m tr patching compound .as ready to he mixed "with w ater, urwueh cancer and mesothelioma, diseaseswhich banned hazard product. eombtnatlona in ready-m ix paste farm . have been demonstrated to be caused by . 180U 'X Seettm tata.- :(s) ^Consumer -patching compounds" exposure to asbestos fibers. , . A v rao n rr: Sees.3 . 9 , *>(ff),-pus. L .38675, aa amended. M b . h . M-284. 88 B ttt. ara ihoee th a t re cBatomartly.produced srdistxtttttodteraletoorX o> rtoeper- 1*305.3 Jtefaritio*. to - . a n as amended 90 Btab 80S, 810 .{18VBO.808T, mm.-sonKa)). om u l aac. -ecnsumpap n o r enjoym ent a t ' censumers in Or around a perm anent o r ' fa ) The nyfirdHorm hrseetton 3 of the ConsumerP roductSafety Act i t s TJ5.C. 81304.1 SenpeandappUcalnm. tem porary' household o r .alitenee, a 3083) apply to this P a rt 1305. <*> Dx this P u t 1304 th e Consumer sto od, to recreation or otherwise. T he Commission .ecsisMete That* patching Or) "Asbestos* means a group of m ineral fiber* compotes afslhca, oxygen, Product -Safety Commission declares th a t consnm sr p**-'K*rty eompotmda for.ppUrot1rrv.'ta these con hydrogen and other elements snch as containing m pirab le froo-fonn asbes sum er w sivinwurtitntr.tere>eith er d is tributed fa rjq Ja to chbsem a* or a re for jftth im i rnn rnM ncJam god -- to divers comblnatloha and Includes the to s and designed fo r use In such a m an n er th a t th e wsbeatos fibersvam become (fee rpemonal use -or enjoym ent-of con toOowtog m inerals: amostte. .chrysuttte, - airborne under n u o m U r foreseeable sumers. , -, croddonte. anthophylllte ` asbestos, aottadtue asbestos. . and trem ollte conditions o f use are burned hazardous 8 2 5 0 4 4 asbestos. prcducts under sections 8 an d -9 f to e Consumer Product .Safety Act <CFSA) .. fe) TFree-iorm asbestos'1 is th a t (16 UJ3.C. 3057 an d 3 0 5 0 .T h is b an *p- On to o hosts th a t tu b a n o atoestoe fibers juwsentthe.bete& s oflung cancer uteich Ja n o t bound, woven, or otherw ise *3ocked-ln" to a product by resins or pUes to -patching -compounds w hich a re >ll lllftW >tinnll Wl tftft (1) -used to cover, seal o r mask racks, 400.- other iv.vs*na agents, or those from Joints, hofesand ahuflar openings to.The sam e -patching -compounds wrtatotng respirable face-f orm asbestos arehatm ed which fibers can readilybecomeairborne w ith any .reasonably foreseeable use. ttreirmta,raw, awllsh,icchelialnftgeir.dtroy.ionfgbaurieldsinagndlned- hazardous products. ' (d) -"Bmberlztag m atertab" m eans an to a sm ooth finish an d (3) are produced 833043 .-Effectivedate. asbestos-oontaintng m atedal generally and distributed ror sale to o r for th e per sonal use. consumption o r enjoym ent of T hirty days After publication of final packed to a n "snbtfiattuf.klt to be Idaced under artificial logs in gss-bum - a consumer in o r around a perm anent rate. ' _____ _ ' tog fireplace systems or to artificialfire- - o r tem porary household or residence, a school, to recreation of otherwise. . places -for decorative .purposes. The PART 3305--BAN OF ARTflClAL'MBEH- ' product is -also glued to artificial logs, (b) 70 Commtalon has found th a t iZINO MATERIALS (ASH AND EMBERS) either a t factory r fay a consumer us CONTAINING RESPIRABLE FREEFORM ing a n emberising kit. (Synthetic logs (1) these patching compounds -box b e ing or wffll.be distributed to'commerce; ASBESTOS __ tiUmaZaotured of eellllloslo products (2) th a t they present a n unreasonable Sec. nos.1 Scape and application. risk of Injury; and (3) th a t no feasible which are consumed by fimes are not Included in this definition.) uosa Polpose, - consumer product safety standard under isoSS JBeflalttons. g 1305.4 A rtificial fireplace ash and th e CPSA. would adequately protect the 1805.4 -ArUflcleinreplaco asp sad emben u embers as banned hazardous prod public from the unreasonable risk of In banned hazardous products. uct*. ju ry associated w ith these products. The 1306.5 Sffectlve date. On the basis th a t airborne asbestos ban applies to patching compounds de scribed to this P a rt which are to com A trraozrrc: Baas. S, , S0(d), Pub. L. 8897S, ss awndad, P ah. L- 04-384; sd S tat. fibers present thefaazards of lung cancer merce or being distributed in commerce 1316-17, -13S1UIS-maadad, 0 B tat. 60, 610 and mesothelioma to the public, a rti on or after the effective date of the ban. (16 0A C . 3057.3058, S078{d) ). ficial fireplace ash and embers contain 1 3 M f PtopM e. 1305.1 S cope an d ap p licatio n . ing respirable tree-form asbestos are ' T he purpose of this rule la to baa-con In this P art 1305 the Consumer Prod banned hazardous products, sum er p atch in g compounds containing uct Safety Commtwlon declares th a t arti g X305.S Effective date. respirable, -Dee-form asbestos. These ficial etnberiztog m aterials (ash and D ate of publication of final rule. " products present an unreasonable risk of embers) containing respirable free-to rn in ju ry due to vmainm of fibers -which asbestos generally packaged to an em- Regarding proposed P arts 1304 and increase th e risk of developing lung can- bcrlzlng -kit for use In fiiuplaces, and 1305 Interested persons are Invited to KOEWa SEOI5TER, VOL 42, NO. 144-- HH0Ar. JUlY.2V, 1777 BON - 01250 PROPOSED RULES 38731 subm it w ritten comments before the close of business August 29, 1977. Com ments m ap he accompanied by w ritten data, views, and argum ents and should be subm itted preferably in five copies, addressed to Secretary, Consumer Product Safety Commission, W ashing ton, D.C. 20207. Received comments and other related m aterial may be seen in th e Office of the Secretary, T hird Floor, n i l 18th S treet NW,, W ashington, D C. during working hours Monday through Friday. O ral presentations. Interested persons wilt be afforded an opportunity to make an oral presentation of data, views, o r .argum ents in addition to the opportunity to m ale w ritten comments, on any aspect of th e proposed ban on August 13, 1977. The proceedings for the. oral presentation will be held a t 10 m . a t th e Commission's hearing room a t 1111 18th S treet NW* W ashington. D.C. The procedural regulations fo r oral presenta tion, i t CFR P art 1109, promulgated October 14, 1978 <40 PR 40122), shall govern this proceeding. All persona wishing to make an oral presentation should notify R ichard D anes of the Office of the Secretary, 202- 834-7700, no later than close of business August 8,1977 for scheduling purpose. A summary or outline of each oral presentation and an estim ate of the length of time it will require should be filed with the Office of the Secretary a t least two business days prior to the oral presentation. Section 9(c) of the CPSA U5U.S.C. 2058(c)) requires the Commission, prior to promulgating a consumer product safety rule, to consider and make cer tain findings to r inclusion in th at rale, ho order to aid th e Commission in this endeavor, the Commission is particularly interested in soliciting either by w ritten comment or through the oral presenta tion. additional data, views, and argu ments as to th e fallowing: 1. The degree end nature of the risk of injury the rule is designed to elim inate or reduce; 2. The approximate number of con sumer products, or types of classes there of, subject to the rule; 3. The need of the public for consu mer products subject to such rule and th e probable effect of such rule upon the utility, cost, or availability of suob products to meet th a t need; 4. Any means of achieving the objec tive of the rule while minimizing ad verse effects on competition or disrup tion or dislocation of m anufacturing and other commercial practices consist en t with th e public health and safety; 5. The necessity of the, rule to elim i nate or reduce the unreasonable risk of injury associated .with the consumer products subject to the rule; 6. W hether the rule is in the public interest; 7. The feasibility of a consumer prod uct safety standard under the CPSA to protect the public adequately from the unreasonable risk of injury associated With th e products which are the subject of this proposed ban; 8. The potential environmental effects of the rate; and 9. Any advene effects th at this pro posed ban will have on elderly and han dicapped persons. D ated: July 28,1977. Shsuok D. B uns. Assistant Secretary, Consumer Preduet Safety Commission. (TO Doc.77-21844 TOM 7~2S-77;S; u a | A ' -i ' fEOEBM KSCISTEt, VOL 42, HO. 146--FKIOAY, JULY *, 1V77 BON - 01251