Document MM87MvvE1KwXxqvjo2b50BX27

FILE NAME: Z,, DATE: DOC#: , OCUMENT DESCRIPTION&ZEZ :' . -~. ~ ~ . ~:, " " Federal Register I Vol. 44, No". 202 I Wedne;day, October 17, 1979 I Proposed Rules 60057 CONSUMER PROPUCT SAFETY COMMISSION SUPPLEMENTARY INFORMATION: Backgrouad 16 CFR Chapter U Asbestos is a general term for any of several naturally occurring fibrous Consumer Products Containing Asbestos; Advance Notice of Proposed Rulemaklng minerals composed of silica, oxygen. hydrogen. and other elements auch as sodium, calcium. iron. or magnesium. AGENCY: Consumer Product Safety Commission. , There are six basic varieties of asbestos minerals that are found in fiber form: chrysotile (the most common variety. ACTION: AdvanCe Notice or Proposed and that found in about 95% of asbestos- Rulemaking. containing products in the Unites SUMMARY: The Consumer Product Sarety , Commission is concerned that consumer exposure to asbestos from consumer products may present an unreasonable risk of injury and1hat some consumer products containing asbestos may present a substantial product hazard. CPSC will begin ils formal invesli~alion of the use of asbestos in consumer products by publishing this notice soliciting general information on the use of asbestos in consumer products. In addition to soliciting information on the use of asbestos in consumer products, this notice describ88 CPSC's proposed regulatory approach to asbestos in consumer products and solicits public comment on the approach. The States), amosile, crocidoHte. actinolite asbestos, tremolite asbestos. and anthophyllite asbestos. The high tensile strensth. flexibility and heat chemical resistance of asbestos makes it adaptable to a large number of usea. Although precise figures on the number of asbestos-containing products are not available, the Commission estimates that hundreds of different types of consumer products contain asbe.tos in some form. Many consumer products, for example. contain asbestos paper al a thermal or electrical insulating balTier. Asbestos is also commonly used in household building products to provide strength and stability. Commission will consider the comments during the development of any proposed regulation or other remedial action to protect consumers. DATE: Comments and information should be submitted on or before December 17, 1979. Those comments received after this date will be considered only to the extent practicable. . Health Risks Related to Asbestos Exposure CPSC is concerned that the pre.ence of asbestos in consumer products. under certain conditions, may present a risk of cancer and respiratory disease. On the basis of current information, it appeare that consumer products containing asbestos fiber. can pose health hazard " if the asbestos fibers are released Into , ADDRESS: Comments and information the air, and therefore are available for should be sent, preferably in five copies. inhalation. The h,zard may be , to Office of the Secretary, Consumer undetectable in the ordinary use of Product Safety Commission, asbelto&-c:ontaining products, since Washington. D.C. 20207, and should some asbestos fibers may be visible refer to "Asbestos." Received comments only by mean. of optical or electron and other relevant information may be microlCopy. examined in copie. obtained from Office of the Secretary, 11111Sth Street, N.W.. 3rd Floor, WUhington. D.C. 20207, during business hours Monday through Friday.-- A luze body of scientific evidence sUBSelt. that aU major types of albeato. are carcinogenic. Animal data and human epidemiologic studies support this conc1u.ion. , FOR PUIn'HER 1NF01tMAT10N COIfTAC'r. Extensive epidemfologic studies of . Francine Shacter, Program Manager, health effect. conducted In occupational 9ffice of Program Management, settings provide the largeat body of Consumer Product Safety Commission. intormation on eabeatoa-related Washington. D.C. 20207, telephone (301) diseases. Since the early 1960'a there 49z-6ss7. For information concerning has been inaeasing evidence as well of financial compensation lor public asbeatoll-related diaeases in populations participation in this investigation. Dot occupationally exposed to .abettoa. contact Catherine Bolger. Office of the Epidemiologic studlea have Secretary at the above addreu, telephone (202) ~1. ',' .. " c r '; 1 " demonstrated incre.aed incidence of , asbestos-related diaeasea, lncIudins Iuns cancer and melOtbelioma (a cancer of I; .. '. '. I :~ :'j -, '. , the tiDings of the pleura and peritoneum) ,'.6... , ,,:".,'q-, " I'; );.1.I'I~' l " " :, ' " , amons nonoccupationally expoeed populationa. lnclu~ individuals with only brief or interrititten "bystander" exposures. , Autopsy studies of lurig tiss(ies of residents in urban areas in many parts of the world indicate that the general population is beipg exposed to asbestos from the general-environment and,that once inhaled. asbestos fibers can remain lodged in the lungl for life. Health Risks Related to Consumer Products Con!aining Asbestos Asbestos released Crom consumer products poses several unique problems in the household. First. young children and infants are subject to exposure. This is of particular concern to the Commission. Second. unlike asbestoa released into the general environment. , where fibers may be disbursed by air cUlTents. asbestos fibers released from consumer products into the living space can remain in a confined space over long periods of time and may be subject to repeated cycles of settling and resuspension. The presence of asbestos fibers can thus pose an ongoing inhalation risk in the household. Third, unlike the workplace where engineering controlaystems aDd protective clothing are available to minimize worker exposure to asbestos, household members have little or no protection from exposure to asbestos fibers released from consumer products. Previous Commission Action Concerning Asbestos in Consumer Products . The Commission hu issued rules deClaring consumer patching compounds and artificial emberiz.ing materials containing respirable ,sbeltos as "banned hazardous products under the Consumer Product Safety Act (CPSA). (16 CFR 1304 and 1305. 42 FR 63354, December 15, 1977.) These actions were taken on the basia of Commission findings that the use of these products in the household would subject consumers to increased expoaure to asbestos fibers. The Commillion determined that this increased exposure, combined in many cases with exposure to asbestos from other IOUrceS, would result in an - increased risk oE cancer. In view of the seriousness of thia illness and the cumulative effectJ of asbestos exposure. the Commission determined that continued use of these productJ in the household presented an unreasonable risk of unjury and that no fesllible consumer product sarety atandard under the CPSA could adequately protect the public from the risk. ' The Commission has also been concerned with the use oE 8sbestOi ill hair dryera in light oE information lnltially indicating that a .ignifu:ant 60058 Federal Register I Vol. 44, No. 202 I Weqnesday, October 17, 1979 / Proposed Rules proportion of some 50 to 60 million hair lection 27(b)(l} of the CPSA (15 U.S.C. 2076(b)(l}) to require manufacturers of confidential business information. Through this coordination, EPA and dryers in consumers' hands or in the chain of distribution contained asbestos. (including importers) and private CPSC will endeaver to red~ce reparting burdens on Industry and improve the As a result of negotiations between the Commission's staff and firms which labelers of certain categories of consumer products to submit efficiency and effectiveness of .hare approxlma tely 90% of the dryer market, the firms information on the use of asbestos In specified consumer products which the regulatory efforts. The Commission solicits comments 8lld information from consumer hair have agreed to cease production and Commission believes merit initial ission intends to interested persons on the issues raised by the sharing of confidential business distribution of ha ir dryers containing asbestos and to offer consumers some attention. The Comm lelect consumer products containing information. particularly concerning form of repair, replacement. or refund. The Commission's concern with hair stos has been asbestos for priority atlention in this Investigation, based on the follOWing criteria: (1) the number of units of the ways to reconcile the agencies' need for information with Industry's legitimate interest in preserving the confidentiality dryers containing asbe broadened to include hair dryers used product estimated to be in use by of trade secrets and other confidential by consumers in commercial hair consumers. (2) the form and location of commerical or financial infontiation. dressing establishments. the asbestos in the product; (3) the Regulatory Approach Tests of hair dryers containing asbestos have been performed for CPSC frequency, duration. manner, and location in the consumer's environment General Policy by the National Institute of of product use. Including such factors as The previous regulatory action the Occupational Safety and Health the expected useful life of the product Commission has taken concerning (NIOSH) of the Department of Health, and the presence oCheat and/or asbestos In consumer products has been Education, and Welfare to aid in the moisture and the likelihood of abrasion based on several principles. First, the determination of emission of asbestos during use or forseeable misuse; (4) the Commission concluded that exposure to fiber from the hair dryers. The results of likely availability and feasibility of any respirable asbestos fibers from these tests are currently being analyzed. substitutes for asbestos in the product; consumer products presents a health Infonnation Gathering on Consumer (5) the relative ease of data collection and analysis by the Commission and the risk because there has not been demonstrated to be a threshold or no- Products Containing Asbestos reporting burden on industry; and (6) the effect level below which exposure to In order to determine the scope of the degree of potential overlap of CPSC asbestos fibers would be considered potential problem posed by consumer reporting requirements with the safe. Further. exposure to asbestos from products containing asbestos, CPSC information gathering efforts of other consumer products is generally in commissioned a study to determine regulatory agencies. particularly the addition to environmental exposure what other categories of consumer Environmental Protection Agency. from a number of other sour ces, and products contain asbestos. As a result or The information which the therefore must be viewed as part of a a report by a Commission contractor, Review ofAsbestos Use in Consumer Commission may require in the general or special orders includes for the cumulative burden of asbestos exposure. Second. the seriousness of the injury Prducts, A. T. Kearney. Inc. Management Consultants (April. 1978) products covered: specific product . indentification information; the function associated with asbestos exposure-the potential increased risk of cancer-was (Kearney report) and through \ examination of other published sources. performed by the abestos in the product; .given considerable weight by the a description of the asbestos: the Commission iI) the decision-making the Commission has developed information that indicates the presence location of the asbestos in the product: available test or other data concerning process to determine whether the consumer products presented an of asbestos in a number of consumer products. Using the Kearney report and . asbestos fiber emission; information on the promotion. marketing, and use unreasonable risk. As it is required to do by statute. the Commission carefully other available published sources. the Commission'ti staff has grouped the patterns of the product; and information on possible substitutes for the asbestos considered the effect of regulatory action on the utility. cost, and products according to the general form in which the asbestos exists in the in the product. ission plans to begin availability of the product and concluded that in the absence of product. This list of consumer products The Comm selecting products for priority attention compelling evidence of unacceptable or categories of products containing asbestos is set forth in Appendix A to this notice. Also included in Appendix A products that have and may issue general or special orders to require the submiSlion of information on those products during the time it is social or economic costs associated with removal of asbestos frQm the product. regulatory action was warranted. is a list of consumer been-the subject of consumer inquiries receiving comments on this notice. The Commission Intends to coordinate The Commission recognizes that before it may take regulatory actiQll. the or that are otherwise aUeged to contain asbestos. The Commlllion requests the gathering of information under the Commission must make the necessary statutory findings. baaed on substantial interested persons to provide information on whether the lists in plete and accurate. general and special orders with the information gathering activities of the Environmental Protection Agency (EPA). which is proposing. in an Advance evidence; and that it must observe the requisite procedures designed to ensure .tue process in taking regulatory action. Appendix A are com Any information received in response to this notice will help the Commission Notice of Proposed Rulemaking As a general approach. however. the Commission proposes initially to seek determine the scope of the problem and identify specific products on which it appearing elsewhere In this issue of the Federal Register. a comprehensive the elimination of all non-essential uses may need to focus Its attention. regulatory program under the Toxic Substances Control Act to addle.. of asbestos in consumer products from which asbestos fibers are released To obtain additional specific information on the use of asbestostn f, asbestos exposure. Coordination ' during reasonably foreseeable conditions of use. including misuse. The " consumer products in the near future. intends to iSlue general between CPSC and EPA wUl include the sharing of information. Including whe~ Commission proposes to take regula tory the Commission and special orders under the authority of permitted by applicable law. the sharing acli,?n .concerning non-essential uses of ",,,.. ".;,:/ Federal Register I Vot 44. No. 202 , Wednesday. October 17. 1979. 1979 , Proposed Rules 80059 asbestos on the basis of a determination hazard and requiring the repair or number of different conaumer products of the fact of asbestos fiber emission. replacement of the product or refund of that ahare similar or related uses of rather than a quantitative assessment the purchase price: or asbestos. provided the Commission In determining whether a use of (5) rules requiring manufacturera of makes the requisite statutory findings asbestos is essential. the Commission the product to give Dotification to under the CPSA. (See aaction S(c). 15 will generally consider a number of consumerl of performance and technical U.S.C. 2056(C).) factors. including but not limited to: the data. including warnings or instructiona Regulatory action to address asbestos function performed by the asbestOi in for safe use. at the point of lale. Such in conaumer products could include the product. the benefit derived from the performance and technical data could regulation of asbestos as a component in use of asbestos in the product: and the include the results of testing which. any consumer product where eXpo&J.I1e 'availability and cost of substitutes for under certain circumstances. the to asbestos fibers occurs; regulation of a the asbestos: and the safety of such Commission may require manufacturers' group or category of consumer products substitutes. to perfonn. which contain asbestos in a form that The Commission proposes to use this At any time. even when one of the results in exposure to asbestos fibers: or regulatory approach in addressing the above proceedings is pending, the . regulation of individual products that problem of asbestos exposure from Commission may file a civil action in a contain asbestos on a case-by-case consumer products and solicits United States district court against aD basis if exposure to asbestos fibers comments from interested persons on "imminently hazardous'" consumer occurs. The Commission has used the whether this is an appropriate approach product or the manufacturer. distributor latter approach in the past. From the under the regulatory authority of the or retailer of IUch product for seizure or standpoint of effective protection of the Commission. ' injunctive relief. public health and efficient expenditure By proposing this regulatory The FHSA prescribes requirements for of limited resources. however. the approach. the Commission does not cautionary labeling of household Commission believes that in certain intend to preclude possible action to address essential uses of asbestos in products which are or contain "hazardous (including "toxic~') circumstances a broader, more "seneric" approach to regulation may be ' consumer products from which asbestos substances", all those tenns are defmed preferable. Where appropriate, the fibers are released. The initial focus. in the Act or a8 the Commission may , Commission will consider such an however. will be on non-essential uses define them by regulation. The approach to the regulation of IlSbestos in of asbestos. Commission also may prescribe by consumer products. In situations where Statutory Tools for the Regulation of Asbestos in Consumer Products CPSC administers two statutes under which it is empowered to regulate asbestos in consumer products. Under regulation reasonable variations or additional label requirements for hazardous substances. If the Commission finds that notwithstanding cautionary labeling. the degree or nature of the hazard presented by the a particular type of product is found to present a hazard. the Commission will pursue appropriate regulatory action as to that product type. luues Highlighted For Comment the Consumer Product Safety Act substance is such that the public health The Commission solicits comments (CPSA. 15 U.S.C. 2051. et seq.), CPSC can be adequately protected only by and information from interested persons has the general responsibility to protect excluding 8uch substance from the on all the issues raised in this notice as the public from unreasonable risks of channels of commerce, it may. by well as any other matter relevant to the injury, illness or death associated with regulation. declare the lubstaDce a investigation and possible regulation of consumer products. Under the Federal Hazardou~ Substances Act (FHSA, 15 banned hazardous substance. Banned hazardous substances are subject to consumer products containing asbestos. The Commission is particularly U.S.C. 1261. et seq.), CPSC may regulate automatic repurchase under the Act. interested in receiving comments and hazards presented by the presence or Where a aerioUi threat to public health informatIon on the issues and questions , use of toxic and other hazardous exists. the Commission. pending Bet forth below. suPbostsasnibcleesrienguthleathooryusaechtoioldn.s under the ctoomdepclleatiroenaosfuabsrutalenmceakainbganpnrqedceeding co1n.sIusmtheer pCroomdumcitssscloonnt'saliinaitnogfasbestos , CPSA to addreN asbestos exposure hazardous substance, may. by notice (or possibly containing asbestos) include: published in the Federal Register, contained in Appendix A accurate and (1) consumer product safety Itandards declare a substance an "imminent complete? Are there products or consisting of requirements as to hazard", and thus temporarily ban 8uch # categories of products on the list that performance, composition, contents. substance from the channels of are (a) no longer manufactured or (b) design. construction. finish or packaging commerce. cWTently manufactured but no longer of the product: The CPSA empowers the C,ommission contain asbestos? Are there product. or (2) consumer product sa!ety standards to address unreasonable risks of injury categories of products currently requtrJng that the product be marked associated with consumer products or manufactured that cODtain aabestos-but with or accompanied by clear and component. of sucb products. The that are not on the list? adequate warnings or instructions. inclusion of componentl wal Intended 2. How can agenciel (such as CPSC ' including requirements specifying the to enable the Commission "to regulate and EPA) proceed to obtain information form of warnings or instructions; just a part o! a consumer product if only necessary to make informed regulatory (3) rules declaring the product 8 banned hazardous product: luch regulation were warranted." ASG Industries. Inc. v. Consumer Product decisions concerning asbestos while considering industrys. and the general (4) orders, following the opportunity Safety Commission. 593. F. 2d 1323 (D.C. public's Interest in avoiding unnecessary for an evidentiary hearing. determining that a product presents a lubstantial Cir. 1979). This recognition that products reporting burdens? How can the may pose a riall of injury because of the agencies' needs for information be mot product hazard: and requiring the manufacturer. distributor. or retailer to presence of a particular component ,uggestl that the Commiliion could while protecting industry'llegitimate . ,interest in preserving the confidentiality notify the public and specific purchasers address in a single regulatory acUon the of trade secrets and other confidential of the product of the nature of the ute of albestol .1 ~ compoDenlin commercial and fanancial information. 60060 .' Federal Register f Vol. 44. No. 202 I Wednesday; October 17, 1979 I Proposed Rules 3. The Commission's proposed regulatory approach will initially leek should receive priority attention in thil Investigation. . Roofing felt. (outer layers) Pipe and boiler coveriRg Vinly Iheet flooring backing the elimination of all non-essential uses 9. The Commission has listed a Radiator top insulation _ "_ cif asbestos in consumer products from which asbestos fibers are released number of criteria which it intends to apply in selecting consumer products Appliance heating shielding (paper) Slow cookera during reasonably foreseeable conditions or duration of use. including containing asbestos for priority attention in its investigation. Are these Hair dryers . Paper Iheets for heat insulation .; misuse. Is this a sound approach? Is it criteria appropriate? Are there additional criteria that should be Millboard -- TV and~ther electronic Iwitch plates an appropriate one under the statutes the Commission administers? Under applied? , .. Electric Iwitch boxes Metal reinfolUd gaskets'(for air-cooled what circumstances should the Public Participation engines) Commission consider action to address essential uses of asbestos in consumer During the investigation and possible Electrical washers Unings for ovens. kilns, lafes. safety products from which fibers are released? regulation of consumer products containing asbestos. the Commission boxes, Incinerators Millboard sheet 4. How should the Commission determine what constitutes an essential hopes to receive the views of public interest, consumer. industry and other Wall protection behind heat-generating products use of asbestos in consumer products? Are the Commission's proposed criteria interested groups on all relevant issues. In order to facilitate this participation. Floor protection under wood and coal stoves appropriate? How much weight should the Commission. in addition to soliciting Soldering and welding blockl be given to cost, availability, utility or safety of substitutes for asbestos in written comments and information through this notice. may conduct one or Iron rests Appliance heat ahielding (millboard) consumer products? How should the societal benefit derived from a product. or.the use of asbestos in a product. be more public hearings or meetings. In order to ensure representation of viewpoints from groups and individuals Toasters Rolisserle broilers Fireproof wallboard Metal-clad fire doors and partitions assessed? who might otherwise not have the Tellt grommets 5. The Commission's proposed means to furnish comments in response Stove pipe rings position concerning the type of evidence necessary for regulatory action is that it to this notice. the Commission will make available financial compensation for Cloth and Woven Products can take action on the basis of a determination that asbestos fibers are reasonagle expenses inculTed in ing comments. Funding will also Flexible air conductor for heating. cooling and ventilating equipment being emitted from a product. Is this furnish be available for participation in any . Appliance wiring Barbecue fire starters approach appropriate? In what situations should quarftitative measures hearings, meetings. or other future Commission proceedings connected to Broilers Curling irons of asbestos fiber emission be attempted? If so, who should conduct the tests to this investigation. Eligibility for financial compensation will be determined in Electric blankets Hair dryers determine the quantitative levels being accordance with the Commission's Heating pads emitted from particular products? Should the Commission attempt to Interim Policies and Procedures concerning Financial Compensation of Ranges Slow cookers define or develop criteria to determine whether asbestos fibers are "respirable"? Participants in Informal Rulemaking Proceedings (16 CFR Part 1050), Individuals or groups who wish to apply Toasters Irons Deep fat fryers Electric fry pans 6. Where appropriate the Commission' for fiQ,anclal compensation should bttends to consider regulation of .. promptly contact the Office of the Awnings Candlesticks asbestos as a component of one or more Secretary at the above address. and Catalytic Heater Mantles groups or classes of consumer products indicate their interest In receiving the Cigarette Ughter wicks (i.e. "generieally"). rather than on a product-by-product basis. Under what ld this be an necessary application forms and other information. Cord Seals ror high temperature gaskets Valve Iteam packings circumstances wou appropriate approach? What are the (Con8umer Product Safety Act. 15 U.s.C. 2051 et. leq.. Federal Hazardous Sub8tancea Act. Inlulation ror glass handling tools Reinforcing for braided wall stem hose advantages or disadvantages of such an 15 U.S.C. 1261. et. seq.) Thea tar curtains approach? ' Dated: October 12. 1979. Felt 7. The Commission does not intend to employ quantitative estimates of cancer ladye E. DU1lIl, Reinforcements in plastics Gaskets ris~ posed by exposure to asbestos fibers in making regulatory decisions Secretary. Consumer Product Safety Commission. . . Reinforcement in IIsbestos tapes ~~ Secondary Insulation in high tempera lure concerning consumer products Appendix A.-coaaumer Producta wire and cable containing asbestos. Is this an ContaluiDa Albeatol I Asphalt impregnated roofing felt. appropriate approach to the regulation of the risks posed to the public from Asbestos Paper Products Acoultical ceiling tile Piano and organ felts Heating pads (element insulation) Ironing board pads and covers exposure to BSbestos in consumer Lamp IOcketl Lamp and lantern mantles products? Burner mala ror sa. Itovel Pipe and boiler covering 8. The Commission haa limited - Pot holders and oYen mitt, information concerning qualitative or I Source: Revi_ ttf.411'.'01 U.e in Con.UlMr Flame re.lllanl gannent. quantitative studies of asbeslol fiber emission from particular conlumer l'1oducu. A. T.....my Inc., Manapm.nt eonlultantl (April. 187111. and other pubUlhed 'Glove. Hat. prod~cts, The Commission II interested HUrcel. P1nalluriadlctlonal det.mlnillolll for th.M productl have not been ..ade. The Inclualon Helmets ., .. in receiving any luch information In order to help Identify products which of a product on thll Ult doel not m.an thlt aU branda or model. of thlt product cont.ln labelloa. Hoodl Mlttenl .--. Federal Register I Vol. 44. No. 202 l Wednesday. October 17. 1979. 1979 I Proposed Rules 60061 ,. Ovel'8a iters Sleeves Suits Umbrellas Aprons Ann protectors Flame-resistant blanket. Boola Vinyl aabestos floor tUel Abrasive wheels Aerial distress flares Molded plastici and phenolic laminate. Paint Textured paint Cement. drywall and plalter patching compounda of asbestos per year. Some fibers used in these products are inevitably released as a result of fiber processing. product manufacturing. distribution in commerce. product use. and-disposal. Much of this asbestos remains in the 'biosphere as a ubiquitous pollutant Cap. Artificial gas fireplace emberizing material because of the fibers' mobility and Smokers' bibs Stove~oal and wood bumlngTape for pipe Insulation Braid and rope for packing Motion picture screen. Tent gramme" Asbestos Cement Products Water. lewer and aeptlc drain field pipe Airduct pipe ' Sheet products Roofing clapboard Siding Shingles Interior wall. -, Boiler and furnace barnes Bulk sheeting Welding shields Baking sheets Blackboards Laboratory table tops Linings for vaults. lafes. humidifiers and filing cabinets Viscous Matrix Products' Adhesives (glues and epoxies) Air duct cement for asbestos-cement air duct Buffing and polishing compounds Caulks and putties Floor tile cement and mastic Auto body filler Flashing cement Phonograph record. Consumar Producta POlllbly ContalDing A.heatos a Appliances Air conditionera Dishwashers Hand-held mlxera Portable electric heaters Popcorn poppera Refrigeratora Vacuum cleaners Waffle Makers Miscellaneous Producu Carpet padding Fire places Instant papier mache Light fixtures on railroad passenger cars Welding masks File cabinets fF1I Doc. ~ FlIed lO-l~"'1:45 ..II KLING CODE AII-01-l111 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 763 lOTS 11005; FRL 1332-4A] resistance to chemical and physical decomposition. Humans may be exposed to these fibers from the aforementioned direct and indirect Bources. Certain exposures to asbestos are controlled under various Federal and State authorities. However. because of limited mandates (i.e. focused on specific populations or exposure sources). technical difficulties (e.g. available fiber measurement teChniques). and other analytical constraints. these authorities are not able to deal with the total asbestos problem. As a result. many population Begments remain exposed to. and inadequately protected from both direct and diffuse sources of asbestos. The comprehensive manadate of the TSCA enables EPA to reduce health risk from sources which are difficult to control through media-specific or Bource-specific regulation authorized under other Federal authorities. Under TSCA, EPA is currently investigating the cumulative effeels of exposure to . asbestos throughout its life cycle In Furnace cement Glazing compound for ceramic. Pipe and boiler coverings Roof and driveway coatings Stains and varnishes Automotive metal deadener Automotive undercoating Refrigerant cements Automotive muffler repair compounds Products Subject to Inadvertent A.bestos Contamination Driveway gravel Fertilizer anlJ lawn care products Polling materials (vermiculite) Talc. for noncosmetic or food ule ' -application. Commercial and Industrial Use of Asbestos Flbersi Advance Notice of Proposed Rulemaklng commercial and industrial products (I.e. from mining and milling through processing. product manufacturing. use and disposal). Our preliminary studies AGENCY: Office of Toxic Substances. Environmental Protection. AGENCY: (EPA. or the Agency). indicate substantial continuing exposure of millions of people to the ever growing inventory of asbestos sources. As a result of this study. the Agency expects ACTION: Advance Notice of Proposed to promulgate rules to prevent and Rulemaking (ANPRM) Under the Toxic reduce any unreasonable risks that are Substances Control Act (TSCA). identified. \, aUMMARY: EPA ia concerned that many EPA anticipates that any rulea it lources of human exposure to asbestos develops to control unreasonable may present an unreasonable health risk. Exposure to asbestos fibers has asbestos risk will evolve chiefly from a combination of the following regulatory Miscellaneous Products Acoultlcal and thermallnlulation material. ~rayed Ammunition Ihell wadding Aulomotive mufflers Barliecue firebed materiall In III barbecue lrills' . ' Boat Hull Repair kit. F1owerpotl Friction Materials Clutch plate. Brake linings Pollefl' kilns (home hobby) Pottery clay Powder (..butoa) Bulk fiber Reinforcement In molded plaatici and rubber Automotive radiator sealanl been shown to contribute to increased risk of lung damage (asbestosis) and cancer of leveral anatomic sites in humans. Asbeatos is 8 generic name for several naturally occurring mineral fibers. Since the beginning of the century. approximately 30 mlllion tons of asbestos fibers have been used in the United "States to produce thousands of commercial and industrial products_ The inventory of asbestos products is ,rowing since products introduced into commerce repreaent about 750.000 tona ~ Source: Conlumer Inqulriet and other ~urce. not verified b)' the CommlulOll. approaches. Under the first approach. the Agency might promulgate rule. that prohibit the processing. manufacture. and use of certain asbestos-containing products or product categories. Under the second approach. the Agency might limit the annual amount of asbestos imported and produced in the United States. or it might limit the amount of asbestos processed in the United States. Both approaches would aim at reducing the consumption of asbestos for nonessential purposes. Both reflect the ,-\gem,y'lI belief that many asbe:itos products have economically 8'(ailable lubstitutes. All rules would be designed to minimize adverse impacts on industry . " 10062 Federal Re~ster I Vol. 44. No. .202 I Wednesday. October 17. 1979 I Proposed Rules 'i by pr~)\:i.cliag 1N.IWcieRt time wadopt SUPPLEMENTARY INFDaMATJON: human and environmental exposure \,Q asbestos.4 Despite these regula tions. JlWstiwtes ~ eliminate.asbestos . The Problem however. large segments of the processms equipment EPA has' conducted a preUminary population continue to be exposed 'to Control af asbestos a1re.dr instaUed evaluation of asbestos related health asbestos. Consistent with their o.n or in semI%! will ~a1I)' ftlquire effects and exposure situations. the legislative mandates. existing" llctiCJll different Uom the oaea .bove. basis of ibis elo'.l.Iaaoon, EPA believes regulations are limited to arntro'lliO! "0 Many existing IOW'CeS are diHicalt tD that many sources of expo.ure asbestos in specific media (e.g.. air. Iden tif? and control. However. a5 am asbestos me'}' present an alll8a.oaab12 water. food). source categories Ie.g. initial ctep. Ute Agency is blvestigating of. nile to require human health risk because of 1Elri000S adver&e health efIec1a and lar~ process emissiona,waste piles}. or population segmenta ~e..g.. workers}. the de"'elopmen1 public sdtool 8lII'VeYS 10 determiIle numbers of people subject to exposure. These regulation. are DOl designed to whether ubeS'los haurrla are preeent Studies of exposed populations have ..: control the full range of exposure due to deteriorating insulation. Tile r nqwirir18 shown that asbestosis. a progressive deterioration of lung funct~n. end situations. For example. there are oW!!' 100 million motor vebicJes iII the United Agency wiJl .lso conside appropriate c:or.rect.h'J! measures wlleI'l! . various types of cancer are associated States today. Since most vehicles use a ha:uu'<ill a.re found. Au .Advance l\jQtice of Propoeed fUdunaiing hal been . with asbestos exposure. even at tow concentrations or sTter snar! ~osure set of asbestos-containing bra'ke linings . every 3 or 4 years. a consideJ'able published in the Federal Regi5ter - periods.L t ' amount of asbestos-cantaining materilll describing this action (44 FR 54676. September 2D. 1979l- OthI!r existing Asbestos is a generic name for a variety of naturaIJy occurrillS filirm1s . is released to the environment during use and maintenance. Yet. not Feder.a1 sources Dult the Agency say caatrol in the r.U1N! include public buildings mineral silicates (chrysotile. amosite. crocidolite. anthophyllite.' tremolite. and regulation addresses the problem 'Itf asbestos buildup in 'the bios~e frOm where ubestos ",,'M used as an actinolite). For many years esbestQs has this and many other sources. inslodation or decoratin material aDd merchant ships ....nere B5bestos is provided reliable protection against dama,ge .from heal. fire. and .rot and 'has Even within their regu'atory purviews. Federal and state authorities are widely uset!.as in~latian. In support of the investigation 9f 'EPA served many other valuable furu:tions. The high tensile strength. flexibility. and heat and chemical reai8t8OCe of asbestos jeers make jhem aaaptalHe tit constrained in establishing adequate asbestos exposure CDlltrols. Because of their limited focus. these .uthorities . . asbestas Jl"oouats ant! U&eS. expects to iltSue a N!'pOrting ~ onder sectiol'l a(a) (JfTSCA to~'her~conomic <II ~rile 111.1ffiber of ~. AJthoUBh only weigh partial risks te.g~ occupational exposure) against total and expl!SUf'e 'nformation. The Agency ander accurate figures on the number of asbest~oR\iljnjng products are 'nOt societal benefits of asbestoscontaining products atld~es. The limilaticms oT also f1nticipa\es issuing 8 rule section a( d) of TSCA to require lhe wbmiltal of unpublished heahh and available. some 2.000 to 3.000 dism!te products are estimated to contain the material. available fiber measurment techniques also constrain the range of feasible safety ~dies ret8tin~ to .&bes\Gs. Finally. EPA will cons;der the need for Asbestos u.se has beea iooreuillg steadily. Since the beginning of tbis control options. Approach to Regulation of Aibes1o& 1OpJ'}emeon'ary regulation under-o'ther cen tu'1'. ~roximattd,y 30 million iofta Under TSCA Federal laws adl1'liniriered by EPA .and other fedeAlt egencies. Dr PA 'Solicits 'COT11rnen1s mt tnis N~ice. of atbestos b.~ Deen a.ed in the . United States with the !owl iIlCf'eUi~ annuaIJy by aoout 750.000 tOllS (average The Agency believes that '!'SCA provides an effective m&8ns of controlJing the proliIer.a tion asbestos E 11rese comments wiU be considered s,m luring deve10pmerrt tJf -any proposed annua1 use over the past ten years). , Much of this asbestos is in the use in the United States ~d of reducing regula1it1ns. DATE: An comments mnsl 'be received by biosphere because nbestos fthen -are highly .indutnu:tible and quit.e mobile. the health risks associated wjth the exis ti~ .CC1IftIuiation af .asbestos in the enVlrDnmMt. Un~r Ole rompreshens.ive the Record Cler'k \ly December 11. '!'9:'9. moving fram land ani! waler 10 air jurisdiction of TSCA. EPA has anthorHy " ADDRESS: Mrs. Joni T. Repasch. Record througn DIJrmal pbysica1 prc.cesses. Exposure sources inc1ude mines. miTIs. to weigh overall risks presented by the Clerk. 0Ifk.e of TCH..ic Substances (TS- u.s; 793). Eu"jconmenlalProtecQon processing facilities. products. Ciisposai entire asbestos liIe cycl.e. !rom mining 10 final disposa\. For example. EPA.can ~eru:~. 401 M Street. S.W n.c. W~~on. 2Ot60. siles.and the ambient envrronment. With long latency periods 'between exposure and evidence of disease. we probably control any chemical manufacturing. processing. distribution in CDmmeroe. use. or disposal activity. or any Comments .should include 'he docket number 0"f'S..G100s. 'Gommenls fIeOei~ have not yet felt 1he total impact Df asbestosmated disease 'incidence due combination of these activities found to on "'is Notice will be evai1able for vit,\~..ill! end oopying from V ~.m. ~ 4:10 ay. excludmg to the growing presence uf asbestos in the biosphere. ApprDxima'~ly hventy Fedt!ral pose an unreasonable risk to hea1th and the environmenL EPA is !planning to use TSCA's unique authorit~ tn this p.rn:. Mcmday through Frid hoUdays. jn Romn 447 East Tower. EPA Jle8UHttloM 1lftderv.riousle~ regulate rule making to assess whether exposure to asbestos throughout its life cycle Headquarter&. .at M Street. Wa.mington. D.C. I Bogovi.lii. fl. WI aI.led.,. "'~ Bio/a,iOlll B!ffICU A.~st06 9I-oceedll\R5 of worlung conference presents an unreasonable risk 1G human health. Where the presence of riSK is FOR FURTHER JNFORMATION CONTACT: of held ..1 the IlItemaliOllaI J\4!enc)' lor Research on determined. EPA will consider Industry Assistance Office. Office of CaRcer. L.YD/l. France. 2-6 October 10:"2. pag~s 15S- developing regulations under TSCA and Toxic Substances .{TS-799). ~v.ironmenta:J 1>roleclion Agency. 401 M '182. .1 Levin." J ~ ,.....hMoS: An hlforrnaticm 11181. other laws which the Agency administers. The development of Street. 'S.W. Washifl8ton.ll.C. 20460. 1!~OIn<1~ otG;w Pvbli~tio.. No. /NlN) '1Moly 1971."..e %4. Phone:.8OO-II24-9065.1In WasNng1on. D.C.. aU 554-1401&J. Ch~Umi.Sc.oElnMVoIrrokneml eInnptaultP/OrouttepcutitoAnn!q\sfyean7esy-.of U.S Environmental Proteellon AgpnC)'. Fttik,..7 #MelsterCllouo,. Perloirung 10 the Regulo,-., "I ".-ro,. ~CMmiotllSu""tonoe, fo "Hess Sourws of Envlronm~nlol ConltHniltlltiM: T'" rR As~.'a.. InHoule .ae,tort. .yfll Ul78. WhinaIOll. D.c.. 1878. Federal Register, Vol. 44. No. 202 , W,ednesd,ay, October 17:,1979. 1979 , Propo'sed Rules 60063 regulations under TSCA and other ' authorities will be integrated to promote adequate Malth protection and minimize impacts on industry. The Agency anticipates that most asbestos regulatory action will be taken under section 6(a) of TSCA. although section 5(a) might also be used where appropriate. Among other things. section 6(a) enables the Agency to restrict chemical processing. limit quantities that can be used. require appropriate labels. and mandate recordkeeping. Section 5(a) enables the Agency to require that manufacturers submit premanufacturing notification for significant new uses of a chemical. Before promulgating a rule under 8ection 6(a) of TSCA. the Administrator must determine that the 8ubstance in question presents an unreasonable risk to human health and the environment. The Agency can then develop rules to reduce qr prevent the risk using the least burdensonW! requirements. To accomplish this end in the case of asbestos. TSCA requires that the fenowing areas be examined and documented: (1) The seriousness of health effects associated with identified levels and durations of human exposure to asbestos: (2) The benefits of various uses of asbestos and the availability of practical substitutes for these use~: and (3) The reasonably ascertainable economic impacts of the rules on the national economy. small business. technological innovation. the environment. and public health. The following sections discuss the method the Agency plans to use in carrying out these studiel!. Risk Assessment EPA is examining the total risk to human healt~ from exposures to asbestos throughout the material's commercial life cycle (i.e. from mining and milling. through fabrication into / products. to final use and ultimate disposal). The Agency is preparing an assessment of occupational and general population risks from both new and exislin~exposure sources. The investigation will be based principally on available data concerning asbestosrelated health effects and potential exposure situations. EPA believes that it already has much data to support rulemaking under TSCA. However. to insure that all relevant information is considered, the Agency expects to propose a reporting rule under section 8(d) of TSCA. The rule will require submission to the Agency of al)y unpublished health and safety studies on asbestos. In examining ubestos health effects. EPA Is relying heavily on the extensive epidemiological studies conducted primarily In occupational settings. The results of animal studies are being used to supplement epidemiolgic data. For example, data from animal studies are being used to assess the biological activity of fibers which differ In size. shape, or chemical composition. These studies. when combined with known and potential exposure situations, will show the seriousness of health effects associated with identified routes, levels. and durations of human exposure to asbestos. The linear nonthreshold model is being used to provide quantitative estimates of cancer risk in accordance with EPA Interim Guidelines for Carcinogen Risk Assessment (41 FR 21402. May 25. 1976) and the Interagency Regulatory Liaison Group's Guidance (44 FR 39658-39879, July 6. 1979) on the subject. . EPA particularly requests comment with respect to the analysis it Intends to perform on the health risks of asbestos. Ideally. EPA would examine health risks presented throughout the commercial life cycle of asbestos associated with particular end products then analyze the substitutes for each of the end use products to detennine if the risks presented are unreasonable. Asbestos, however, is contained In so many products that it would be an impracticable. if not impossible. task to analyze the risks associated with each of the 2.000-3.000 uses. except for certain distinct products which may present unique exposure situations. Furthermore, it is not clear that it is technically possible to trace the life cycle risks for a particular product. since at the early Btages, such as mining and milling. asbestos is undifferentiated and may be used in any number of different end products. Accordingly, EPA Intends to analyze a6 a whole all the health risks associated,with asbestos. The Agency's risk assessment will document major risks that occur within stages of the asbestos life cycle. Individual situations will be described that illustrate these .tages. For certain situations. such 8S in 80me of the well studied asbestos workplaces, more precise estimates will be possible than in other situations. This type of risk assessment would show that risks occur generally from exposure to asbestos, rather than from any particular product because of the characteristics of that product. EPA requests comment on the general validity of its risk assessment approach, and solicits suggestion. for alternative. . to remedy the problems associated with a product-by-product approach. Some technical problems remain in making comparisons among the concentrations of asbestos that were measured by different sampling and analytical techniques. In particular. a comparison of ~ork place levels measured with the light microscope to ambient urban levels measured with the more sensitive electron microscope would be helpful in estimating some components of asbestos risk. The Agency welcomes comments on the appropriate conversion factors to use when making comparisons of both types of data. and on the implications for estimating risk. Socioeconomic and Substitute Assessment ' If EPA's life cycle risk assessment concludes that substantial human health risk is associated with general exposure to asbestos. then the Agency will examine the situation for the presence of "unreasonable" risk on the basis of the availability of reasonable substitutes. Unreasonable risk may be analyzed on the basis of the present or future availability of reasonable substitutes on a product or category~ specific basis. or may be ana}yzed by a more general. representative socioeconomic evaluation of proposed asbestos controls. The AgBllcy's choice of economic analysis will depend on the choice of regulatory option~ which are explained below In the section titled "Regulatory Control Options." A . combination of the two types of economic analyses is also being considered. The Agency will develop least burdensome controls to reduce these risks after consideration of probable socioeconomic impacts. The analysis of substitutes will address the following issues: (1) the basic need for the product in the marketplace; (2) the performance capabilities of substitutes; (3) the present and anticipated availability of substitutes; (4) the cost of substitutes; and (5) the health and environmental hazards associated with substitutes, The evaluation of hazards from substitules generally will be limited to a qualitative analysis. The economic analysis will include an economic profile of the industry and an examination of the potential impacts of any proposed controls. key factors to be examined include: (1) industry structure and concentration: (2) pricing: (3) production volume; (4) current employment; (5) energy consumption: (6) income distribution: (7) growth. profitability. and capital availability; and (8) market segmentation . Fet1eTa1 Register f Vol. 44. No. 202 I WeG:~esday. OctGber 17. 1979 I Proposed Rules Regu1a1ury Corttrol OptiDm The Agency is (lOnsidering .the following ~.torf approaches to .wI prevent and reduce ilnr-easaaable health risks at ~cl~ Maie. 4f the .asbeatol life _ First. the Agel1cy miJht promulgate prollibi.tionJ on the manufacture. pl'OoesiillS- and use of &pedfic .asbestos- contaillif\g .products or product categoriea. The protWcts Dr categories to be controlled would be <ielermined.on the basis of 08 OIIt~IY or product specific analYis of ilGcioeoonomic facCon. Possible i:ODtrols might mcJude banning the manufacture Bnd use 0. asbestos-containing textiles. wefin,g - paper. or brake linings. One disadvantage 'Of1ms approaclt stems from asbestos fiber demand which :reportedly ex.oeerls ~urren' supplies. H thiJ sib,laticm pen;ists. fibers orgina11~' ~estined for a banned product might be lrans'ferre!! to increase product\on .of unN!Stril::led products.. Such e transfer oou1d Iilffset the . reduction in asbestosuse anticipated under \he pmdud use ban. T~e :situation would on\y change after.a jarge D.umber of asbest()5..containing products and uses were banned. Ibother di1iadnmtage of the specifu: product restriotion approach is that it coul~ generate voluminous ~x.emptitm requests. Although wcl1 defined eJtemp'tign aiteJia 'COIIlId minimize the number.of rflfUe&ts. lhe demand on EPA resources 0Q'II'ld be significant.lIlespite these drawbacks. this option ahouid still enable EPA ro reduce and pre...en1 many exposures eSBociated with nonenential asbestos prolhcts. Und tile weoond epproadl. EPA. could prlmlulga\e 'l'e'gU1alions 1Ietting limits on the .mount.of asbei;.tos mined in the United' Stetes ~nd imported annually. AHematively. 'the regulation could restrict the enrount of 8slgestos processed IIftnuany;n 'fhe Unt\ed 'Statetl. The net risk reductIon end prevention from eltMr .h1mla'tive should 'be aoout the lame. In 1Ie'ecttng ~ween them. EPA would considenuc'h factors as eeOfl.Olnic impacts and resources necessary for enforcement. Either alternative w1~in th~ appl'cach wcmd be supported by qenerat or representative 1Ioci.,economic ana1ysis of the JI1'oposed asbestos contro's. In essence. the geeond approach wouM establish II t:eiling on the amount of asbell'lm ned ;n the United States. Thill mHng could be reduced gradually untilk Te1lehes a ieve1 which 'the Agency's .ocioeconomic ana1ysiB indicates is necessary lor enentia! amn1oB-con\a;nin! produe'tl end ates. This approach would allow indust!')' ~ det-ermine whiCh products and UleS to eliminate. EPA woold sUll be asnred or reductioo in 88bestofi use aAd env1ronIRenta1 bllitd"'\lp. 'The disedvant<lge of this..approach is that there is no ~ar.antee "f elimirurting prod.els 'Wi:zidl pi'esent. particularly. high risk. Fgr example. if it product With easily released fibers command. 8 relatively high price. H ~t remein m the maTketplace much longer IAaft if it was :regulated speoi!tcally. . Under the thif'd IIpproach. the ABency might .elect ~ .combination of the precedir\g approaches '" Iia~ maximum advantage.of their desirable IeatUl~. The key differences between -the two approaches are il) whether EPA Dr industry determine. which products.are elirriinaied. ~nd (.2) whether specific prDducts IJf ,lJverall ~uantHy of .asbestos fiber.& .are .re,gulated. EPA may prefer 10 allow iDdustll' to determine which products to eliminate and how to allocate available asbestos fIbers. 10' order to provi!!e this opportunity. 'the Agency may select production/import limits as the primary control option. Depending upon the outcome of socioeconomic and substitute lInalyses. EPA nrlght reduce the initiany established eI1ing limit armua11y by '5 to 20 percent until an appropriate levt!1 is reached where lIU remaining fiber '!%Se is essentiat In 'COTIjunction with the productionfimport MlH!. EPA might a1so ban a few selected proattets ~ ensul'e speedy -ellimination 'Of items \!II'l!8eS pre!!ent;ftg partkuierly '5ignii}{)l!1nt risk Possible ocs.lldida tes ftJr ban indOOe' millboaAf. oommercia1 paper..and certain (riction products. All reg-Id.tiona developea by the Agency .nder :aElY III these ~proBcheJ wiil be dealgned to minimiEe adverse -impacts on the JUlbesms mdustJ1' and aabeJitoli 1lSel'.8. To ibis clld. the deweiownellt of implementation schedules will allow for reasonable trlUMitionl.&.rJ alb5tihltes and orderly phase-out of westos prooessing eqajpmeni. Pha~ Approacf! ofAno/ysis The wi.despread Ilse of asbestos makes ewaluating .ubstitutes. aBliessing economic impact. and examining other factors neceBiiary to S\JIlport regulation a difficult and time consumin.s process. Therefore. the Agency is conducting re,gwatory assessments in a systematic rrianner on atl as'belitosJlToduct . categories. .,r The following.product categories account for the major portion asbestos used in '1978: Paper products Including <:ertaift roofing 8ftc! ilolning produdts. ok flooring products. albestos-oemen, pipe. 8sbes1G8-cement sheet. friction products. plastics. pacl.ing and gaskets. coatings and compound,. insulation ~ textiles. 'Of theje. EPA has selected asbestos paper products and automobile and light :truck brake linings as initial candidates Ior .8Iaalysis and possible l'u1e,maldng. Acoording to various estimates of a8'b6tos lise in 1978. paper prDductii account for _pproximate'y 30-40 percent or the total ubestos CDtliumption. Much of asbestos pilper iii used '10 make asbestos roofing products. Because of its versatility. however. asbestos paper has a wide variety of applications. These include asbeslos paper. tubes. and capes for electrica1 and thermal insulation: diaphragms fIn brime ~Iectrol~'sis ClIs; corrugated papenheeti end blocks for use ift '8ppliances 'and ether ' applications; 'Ilnderlayments for sheet vinyl nooring: gaskets; beyerage filters: molten -glass lIandling -equipment; :and genera' heat/fire-prooTIng {:omponents. Many of these llses have reaslmable substitutes. For example. roofing telt 'Can also be made with "!'ganic and fiberglass fibers llt iess 1:Ost tban asbestos fibers. The performanC of these materials is very -similar to asbestos robfing felt. Friction l'roducts currently aecoun1 for about 14 percent of total asbestos consumption. 13rake linings constitute the largest single product within file friction product subcategory. Hl1man exposure to asbestos 1!missions from brake linings occurs not only during processing rte.. production ohile brake linings). but a1so during use and servicing of brakes. 'Severa1.automobile manuTaclurers are already using non"sbestos disc 'brake pads with plans to ultimately convert lotany to nonasbestos pads. Nonasbestos shoes for dl'\lJl1 brakes have heen more difficult to dellelOP bul some manufacturers believe .that the) are llear to dev.elopin,g 8 commercially acceptable substitute. Existi1l8 Sources oj Asbestos EXp06ure Altbougb risk associated with new1y processed asbestos may be substa~tia1. the continuing aggregate rISk aSSOCIated with existing and past asbestos use may be equally Bnd possibly more significant. Unfortunately. reducing risks from the latter 8rDUP is more complicated .than reducing ne.w risks because of ditficultiei in identifyi"8 all the ralated exposure Bources. the lad of . feasible control options for many sources. and the large costs associated with removing and rep1aclng eltisting tClillon.a.lt.. A,be'losMmerolc.omInoaily pro/nfl. u.s. Depal'lmetn otthe1nlerior. Wlllhinston. D.C. July 1979. Federal Register I Vol. 44. No. 202 I W.ednesday. October 17. 1979. 1979 I Proposed Rules 60065 products. Some existing asbestos processors, importers of asbestos) by Stanton" 7. Pott .. 10 and products. however. are amen-able to subject to the rule. A rule might require others. II. 12. 11 14. "-These studies evaluation and control. For example. - immediate submission of some suggest that the length and width of asbestos has been widely used for information while retaining the authority fibers or the ra tio of the width- 1-0 the insulation in schools and <1ther buildings. In some of these buildin~ the to request other specified information by length may be more important than their leller at a later date. The possible scope chemical composition in determining insulation has deteriorated and fibers of a section 6(a) rule is discussed in carcin08enicity. More specifically, are entering the _air in the buildings. EPA more detail in the issue section below. current research findings suggest that ,,' is currently investigating whether to require lu~'e~'s of public schools for Citizens Petition fibers with diameters less than or equal to 1.5 microns and lensths between 5 asbestos and appropriate control Under section 21 of TSCA. 8 citizen and 60 microns are likely to have greater actions wherever exposure problems are may petition EPA to initiate a fibrotic and carcinogenic potency than identified. This action was announced in proceeding for the issuance, fibers falling outside these ranges. another ANPRM published in the amendment, or repeal of a rule under Consequently. we plan to adopt a policy Federal Register on September ZOo 1979 various provisions of the Act. On June that nonasbestos fibers with physical (44 FR 54676). 21. 1979, the Agency received such a dimensions within these ranges are not Other existing uses of asbestos will be petition requesting that a proceeding be appropriate substitutes unless examined where practicable during initiated to restrict future use of appropriate testing indicates otherwise: subsequent stages of the asbestos asbestos-cement pipe in drinking water, Fibrous or other substitutes which do regulatory investigation. Possible supply systems. This request is not present major health risks would be candidates include aU public buildings compatible with the Agency's plans. as determined to be suitable. EPA solicits and merchant ships. announced in this Notice. to initiate a comments on this approach. Information Gatherina under Section comprehensive investigation of 2. Scope of a Section B{a} Rule. To 8{a}ofTSCA commercial and industrial asbestos uses develop regulations for asbestos EPA is developing 8 section 6(a) rule including asbestos-cement pipe. The Administrator's response 10 the sources, the Agency must gather and to help gather information needed for petition notes that the evaluation of SlaDlon. M. F. Layml M. "The carcmO(!enicit~ of this investigation. The information will health effects information on risks fibrous minera!'_" Proceedings of the lO'orkshop on breeglulslaetdortoy adcettieornmuinnedearppTrSoCpAriaatse well as resulting from the ingestion of asbestos asbestos: definitions and measurements method. betd al NBS. Gaithersburg Maryland. lul~ ttH!Il, under other laws administered by EPA is not yet complete. II also states that 1977. National Bureau of Standards SpeCIal and other Federal activities. EPA invites the Agenc~' has just begun gathering Publication S06.lIiovember 1978. comments on the need for such a rule; . exposure and socioeconomic information on asbestos-cement .. / c.. StaDton. M F. "Some ehological considerallonl of fiber carcinoseDesis." In Bo~o\St..i P. GIbson / who should be subject to. or exempt from reporting; what information should products. Thus, it is not EPA's intent to Tlmbrell V. Wagner J. C.. eds 81OIog1cal effects of OSbesUJ6. Lyon.lnternatlonal Agency for Reaearch be ga thered under this authorit~'; and include asbestos-cement pipe as a candidate for initial rulemaking. on Cancer (lARC Scient.lfic Publication number 8). 1973: pases 28~294. how the section 8{a) rule should be designed. Nonetheless. because the Agency has .Stanton. M. F" LayaroM. Tegens A MIller E May M. Kent E. "Carcinogencily of fibrous glass: Under IeCtion 8(a), EPA could require initiated investigations t"o support a pleural responae in the rat in reiallon to fIber maintenance of records and reporting by decision on whether to regulate dImension." J. Nat. Can Ins\. 1977. ~3). persons who mine or mill asbestos, asbestos-cement pipe under TSCA. the Poll F. Huth F. Fnednch K. H. -Results of process asbestos (including making AdJIlinistrator granted the petition. animal carcinogenelil Itudiel often apphcahont ~ardll18 bumaD exposure.- ID f',;IOSH S)-DlpOSIWU asbestos-containing products), and IslUes on occupahonal exposure 10 fibrous sla5$. import asbestos or asbestos-containing University of Mal)land. 1914 Nation.llnslitute for products. Insofar as the information is Several {ssuew must be resolved Occupational Safety and Health. 11177 (CHEW known to. or reasonably ascertainable during this asbestos rulemaking process. pllblicalion number (NIOSH) [7&-151). . .. Potl. F. Huth F. Frtedricb K. H. "TllllloraD dar by those persons. the Agency could EPA invites comments on the following malle DlDacb l.p. injeltion von ,emahi-enem \' require reporting of information about issues and any others which might be chrysotil UDd bema Ie) P\Ten.... any aspect orasbestos manufacture and relevant. \\'8gllllr J. C.. Berry C. "Mesothelioma in rata processing. Possible reporting topics 1. Health Effects of Substitutes. To followillllDDOClllallDII with .at-toe and other materials." B. J. CaD 1969: ZJ; p&g1lS :i67-81. include the composition of asbestos- adequately assess substitutes for U WagDer J. C. Berry C.. Tunbrell v. containing products. the uses of each asbestos. EPA requests health. "Mesotheliomas In rats ohen innoculated ",-jth producL all existing data concerning environmental and socioeconomic "bestos aDd other I.naIs." B. J. CaD 1873; 28. environmental and health effects, the information on substitute materials. This c.. pel" 173-115. "Wasner ,. Berry C. Timbrell V. number of individuals exposed in information has two purposes: (1) It will "Me.othehoma in rat. following Ihe intrapleural workpla(!es. and the duration and extent allow an informed analysis of the health Innoculahon of asbestos . In Shapiro H A. M '. of the6e--exposures. and the manner and method of albestos waste or product disposal. The section 6(a) rule could be designed in several ways depending. in part. on the control strategy selected by . the Agency. A single rule might require one-time reporting of information. while effects of the substitutes for comparison with the known hazards of asbestos. and (2) it will enable a balanced consideration of the environmental. economic. and social impact of any action laken by the Agency. We are particularly concerned with materials. luch as fibrous glass. that PneumocoflOSII Proceedlngl of Ih~ IIllemalional coD(erence. Cape Towo: Oxford UD've....!) Pre... c.. 11170: p.,a 21&-111. "Waper ,. BaITY C. Skidmortl I. W. "Sludies of the carcinoBenic effects of fiber Blass of different diam.te", following intrapleural \nnoculalion in experimeDtal .D1mai8." In: NlQsA Iym- poaium CIII occupatJooaJ expcure to flbroua ,Iaas. University of Maryland. 1974. Natiooallnslitule lor OccupaUonal Safely and Health. 1977. [DHEW a eerie. of rules might require pha.ed reporting by industry legments. Either type of rule could establish different reporting requirements for the various might have ph;Yllical dimelaiona and characteristics very similar to those of asbestos fibers, but differ only in chemical-composltion. EPA i. aware of publicatlcm Dumbe. {NIMHI ,~tSt). SmIth. W. E., Hubert D. D. "The iDtrapleurat route a. a means for 8I1ima\ina carcinogenidty." In: Kerbe Eoo Park J. Foo ads. Experimenlallang ~ancer. Corcino,enesis and B.oossays. New York: sroups or persons (i.e.. millers. relevant research, especially the Iludies SprlJller-Yerlo. 197.: pegn 8%-101. 60066 Federal Register I Vol. 44. No. 202 I Wednesday, October 17, 1979 I Proposed Rules ( , analyze a variety of information guidelines regulating wastewater Public Record , concerning asbestos. Various EPA discharges of asbestos and a water EPA has established a public record program offices have already . quality criterion under the Federal for this rulemaking (docket npmber OTS accumulated a considerable amount of Wster Pollution Control Act. 33 U.S.C. 61005) which. along wilh a complete data through previous studies. These 1251. et. seq., as amended in 1972 and index. is available for inspection in the data will be used as much as possible. However. the Agency anticipates that It 1977. EPA is also considering additional regulation of asbestos in drinking water OTS Reading Room from 9:00 a.m. to 4:30 p.m. on wo.rking days (Room 477. will need additional data for regulatory under the Safe Drinking Water Act. 42 East Tower. 401 M Street. S.W. _ decision-making. The additional data includes recent production. market. U.S.C. 300f et seq. The Agency may also develop regulations for asbestos waste Washington. D.C. 20460). This record includes basic information considered lubstitute. exposure and health effects management under Subtitle C of the by the Agency in developing this information. The Agency hopes to Resource Conservation and Recovery acquire some of this information through Act. 42 U.S.C. 6921 to 6931. ANPRM. The Agency will supplement the record with additional information submittals by industry and other knowledgeable people in response to Under section 9 of TSCA. 15 U.S.C. 2608. the Administrator will consider as it is received. Materials for incorporation in the public record this ANPRM. EPA has also specifically contracted for studies to review the whether risks from asbestos exposure could be reduced to a sufficient extent include: 1. This Notice. state-of-the-art )mowledge and to by actions taken by other agencies 2. All comments on this Advance . develop new environmental and under other Federal laws. The Notice and the proposed rule. economic data. Insofar as these nonregulatory Administrator will also consider whether rules promulgated under other s. All relevant lIupport documents and avenues (e.g. this ANPRM. contractor EPA authorities could address the studies (including economic analyses . performed for the purpqse of defining studies. and other informal information asbestos problems more effectively. To small business as prescribed by section requests) do not provide. or are not maximize the effectiveness of this 8(a)(3)). likely to provide sufficient information. proposed rule. EPA is coordinating with 4. Records of all communications the Agency will promulgate a section several agencies both directly and betwl!en EPA personnel and persons 8(a) rule. The issue at hand regards the through the Interagency Regulatory outside the Agency pertaining to the ' appropriate scope of the section 8(a) rule. The Agency would like to minimize Liaison Group (IRLG). These agencies include the Food and Drug development of this rule. (This does not include any inter- or intra-agency reporting burdens on industry. To this Administration. Consumer Product memoranda unless specifically noted in end. the promulgation of such a rule and Safety Commission. Department of the index of the rulemaking record). .~ its potential content will be influenced Agriculture. Mine Safety and Health 5. Minutes. summaries. or transcripts by responses to this ANPRM and Administration. and Occupational of any public meetings held to develop informal Agency requests and by the Safety and Health Administration. this rule. need for confidential business EPA will identify the completed information or other data not likely to Public Participation rulemaking record on or before the date be provided on a voluntary basis. The Agency plans to conduct this of promulgation of the regulation. 8S Relationship With Other Federal Laws - investigation and rulemaking in prescribed by section 19(a)(3) of TSCA. As previously noted. a number of compliance with the public participation and will accept additional materia\. for rules for controlling exposure to Bection of the FR Notice entitled "EPA: inclusion in the record at any time , asbestos have been promulgated under Improving Regulation; Final Report between this Notice and such Beveral Federal laws. Implementing E.O. 12044" (44 FR 30988. designation. The final rule will also The Occupational Safety and Health May 29. 1979). Before and after permit persons to point out any errors or Administration (OSHA) and the mining publication of any notice of proposed or omissions in the record. Safety and Health Administration final rulemaking in the Federal Register, Questions and Information Needs EPA will identify and meet with public , (MSHA) reaulate workplace exposures. interest groups. industry. regional. State, To assist the Agency in gathering the Department of Transporta tion (DOT) regulates the commercial transport of and local governments and other information for regulatory decision- asbestos. the Food and Drug interested groups to obtain their views on regulatory needs. the Agency's making. EPA invites comments on. and responses to. the questions and Administration (FDA) regulates the use of asbestos by the food and drug apptoach. and technical issues. information requests that are listed here industries. and the Consumer Product Safety Commission (CPSC) regulates Information exchange will be facilitated through various public participation mechanisms. including public meetings or are discussed elsewhere in this Notice.- 1. The Agency solicits suggestions consumer products containing asbestos. EPA has established National Emission and public hearings at appropriate relating to the definition of severa!. key Standards for Hazardous Air Pollutants locations around the country. A financial compensation program for terms Identified below as well as other terms members of the public consider (NESHAP) for several asbestos sources under the Clean Air Act ",42 U.S.C. public participation will be available to important to regulatory decision-making. 7401 et seq., and Is considering applicants meeting eligibility criteria. additionel asbestos air emission The funds may be used for the cost incurred in commenting on proposed CSPC. in .n Advance Notic~ or Proposed Rulemaldng appeanng ellewhere in thit Ittue or the .tandards. EPA is developing effluent rules after publication. A Notice of Feeleral Resttt.r.Mouncel program to II 'J'heee .Iandard. Included certain work preOo tIoe ~quiremeDts which the Ueited Stlltes Sup~me Court in Adamo v. Troln. IJ8 St. CI. S66 (197S~ fcnmd to be Invalid. The QeaD Air Act was emllDdeel by Conareea In 19'7 end 1975 to provide EPA with the authority to prescribe and enforce work practice IIIandarda. Theee albeetOi IIIandarda aN beiDa promul,ated .,eln by EP.... Availability of Grant Funds will be published In the Federal Regillter announcing the financial compensation program. eligibility criteria, level of funding. and the procedures for applying for reimburaement. Invettisate the UI~ or ..beltos In consumer . prnduet. A. pari or thlt Investigation, CPSC Will solicit inronDalion throu8h e \laMely of voluntary and rellul.tory m~.nl To reduce potential reportins burdenl on indultry, CPSC will take into account relponte to EPAI quettion. when tailorin8 the Commltlion1 requeltl for Infonoation on the Ute of albeltol In conlum~r produ~tl. .. , Federal Register , Vol. 44. No. 202 , Wednesday. October 17. 1979. 1979 I Proposed Rules 60067- To the extent possible the Agency life cycle. Categories containing containing products. Manufacturers of would like our definitions to conform to products which EPA believes may faU .ubstitutes are particularly encouraged generally accepted usage. The terms to into this classification are noted with an to .ubmit information. be defined inc1ude: (1) asbestos. (2) asterisk in the Appendix. Identification encapsulated fibera. (3) locked-fibers. (4) of these products WB'S based not upon (I) What lubstitute substances are presently available or cutTen~y under easily released fibers. and (5) friable testing but upon generally available development for asbestos in paper materials. information. The Agency is interested in products (including rooflll8 felts and 2. The Agency is requesting all determining the necessity of using . floor underlayments). friction products. unpublished data or estimates relating asbestos in these products. The Agency flooring. plastica. cement. sealants and to human exposure and to human health requests the following information on other commercial and industrial risks from exposure to asbestos durins these products and other asbestos- products? mining. manufacturing. processing. use, containinB products. (b) What .ubstitute products are and disposal for all asbestos products (a) Do these products contain presently available or currently under including the following product categories: asbestos? (b) What is the purpose of asbestos in development for asbestos-containing producl.l in the categories described (a) Asbestos paper. including roofing the product; what is the asbestos above? and floor underlayments; content by percent of tota1 composition (c) What are the performance (b) Friction products; and weight; and what is the asbestos characteristics of these substitute (c) Asbestos cement sheet; fiber type. size and shape? substances and products as compared to (d) Asbestos cement pipe; (c) What are the figures for annual asbestos-containing products? (e) Textiles; production and sales of the product, and (d) What unpublished data are _. (f) Flooring; the annual amounts of asbestos used in available regarding human exposure to, (g) Gaskets and packings; each product? and health effects of substitutes for (h) Paints. coatings and sealants; (d) What is the value of the product asbestos-containing products? (i) AsbeMos-reinforced plastics. and the cost of the asbestos used in that (e) What is the price differential The information submittals should product? between asbestos or asbestos- include data on exposure of both workers and people near mining. (e) What exposures are expected during the manufacture of the asbesto~ containing products and their substitutes? ~anufacturing and processing facilities. containing product; and what are the tf) How long will it take to convert to Where data might be extensive. expected exposures associated with production and use of alternatives? covering several years. many work each use? (Rate of fiber release. Please comment on a product-specific or stations or many sampling points. frequency. duration. population product category-specific basis. summaries which include appropriate statistical analysis would be sufficient. exposed. and conditions of use.) (f) What point source and non-point (g) To what extent can present makers of asbestos-containing products change Data of interest include present and future estimates of: source discharges of asbestos to water are associated with the processing of to substitute materials? Can this conversion be accomplished using (a) The number of people exposed; (b) The routes. duration and frequency of exposure; asbestos fibers. manufacture.and use of asbestos-containing products (e.g.. existing asbestos production facilities? What will the cost of the chal'l8eover be (c) The intensity of exposure (fiber quantity. concentration)? (g) What amounts and types of in terms of capital and operating costs? (h) If existing facilities cannot be used concentration preferred); , (d) Fiber size distributions; asbestos-containil'l8 wastes are once substitutes replace asbestos, will (e) Fiber types: generated in connecton with new facilities be built by existin8 (f) Relative and attributable risk manufacture of the product: and what asbestos processing companies. b~' other estimates for a1\ cancers of specific methods and sites of storage, treatment companies. or by some combination of organs and nonneoplastic respiratory and disposal are currently used for . these? diseases: (g) Variations in risk by age. sex. those wastes? (h) What are the product life. and (i) What effects might regulation of asbestos have on industrial innovation \. smoking status. duration and intensity of exposure. fiber types. and time from expected removal and disposal techniques for each use? What type of disposal sites are used? and introduction of new products? 6. What categories or indi\'idual onset of exposure: and (h) Technical controls currently used 4. The Agency is requesting the products and uses containing asbestos to monitor and control exposures to following information regarding the do not present a health hazard to users? asbestos at the plant site. industry structure. Why? 3. Based on preliminary information. a (a) What are the current trends in the 7. What asbestos-containing list of asbestos-containing commercial use of asbestos and asbestos-containing individual products or categories might and i.nc4!strial product categories is presented in the Appendix to this products? . (b) Is the market stable? be considered essential because of significant benefits and/or lack o(~ Notice. The extent of human exposure to (c) What size and type of industry is reasonable substitutes? What are the asbestos fibers from these products most likely to be affected by regulation speCific benefits and costs and how . depends on many factors including the of asbestos under TSCA? should they be weighed? releasability of the fibers. the duration (d) What effects on industry structure 8. Is the state-of-the-art for asbestos of the exposures. and the size oT the would be anticipated from regulation identification and quantification (phase population exposed throughout various parts of the life cycle of asbestos in the under TSCA? (e) What effects on employment can contrast or electron microscopy) analytically adequate and economicall~' product. Products which release be anticipated from asbestos regulation feasible to establish numerical asbestos fibers during normal use, under TSCA? atandards for fiber relealle and exposure installation. maintenance. removal. or 5. The Agency i, requesting the resulting from the production of plausible mishandling are of particular following information regarding asbestos-containing products. their use concern during the use segment of the .ubstitutes for asbestos and asbestos- and disposal? Can airborne fiber le\'els .. '60068 Federal Register I Vol. 44. No. 202 I Wednesday, October 17. 1979 I Proposed Rules 3. Caulking compounds and putty be measfuibreedrsa/mt 1l 0o' frilb0e'frisb/mer',s1/m0'',fiabnedrs/ 11. Helmet.' 12. Hooda 4. Fumance cement s. Glazing compound ml,lO can waterborne , fiber levels be measured 13. Mitten. 14. Overgaiters 8. Radiator lealanl 7. Varnish ,- afitb1e0rs'/fliibteerr,s1/l0ite' fri,b1e0rs/fliibteerrso/lri1te0r,' f1ib0e' rs/ ? Should the level be expressed a8 15. Sleeves 16. Suits 17. Umbrellas tn Doc. ~ Y.ae.! -1~19; 1:46 ...1 ..WNC COOl 1Il0-01-11 liter total fibers or all fibers greater than a D. Recreational Activity osptheceirfipeadralemnegttehrsormaosrpeeacpt prartoipor?iaAtere(e.g., 12.. AAemrimalundiistitorenS.8henlalrwesadding total mass release, etc.)? 3. Catalytic heater mantles 9, What unpublished data are . .available regarding ambient levels or 4. Tenl gromets 5. TV .ets and projector equipment asbestoseifnroamir vaanrdiowuastneornacnodmamsbeercstiaols E. Home Building Repairs 1. Latex paints exposur asbestos sources such 88 drinking water 2. Texture painta supplies and naturally occurring F. Commercial Applications 88bestifonn rock? 10. EPA aod CPSC intend to share 1. Aluminized cloth 2. Bags . infonnation received in support of their 3. Bearings respective asbestos regulatory investigations, However, in view of II. Belting 5. Blocks potential statutory connict regarding 6. Boards treatment of confidential business tnfonnation, how should the agencies 7. 8. Braid Buffing and polishing compounds treat data for which 8 company claims 9. Cloth 10, Cord confidentiality? 11. Diaphragms .' Authority: Sees. 5 Substances Control and Act 6 of the (TSCA) Toxic 190 81al. 2003; n. Drier felt 13. Drilling nuids 15 U.S.C. Z6Ol). 14. Fabrics Dated: October 10.1979. 15. Felt 16. Filtering materials Douglas M. Cottle, 17. Metallic cloth Administrator. 18. Millboard APPENDIX 19. Paper . 20. Pipe and boiler covers A. Automotive Repoir 21. Pottery clay 1. Muffiers gs 22. Plywood patch 23. Sheet nooring 2. Brake linin 3. Clutch facings 24. Table tops 4. Custom suto body filler 25. Tape &. Metal deadener 28. Textiles' 27. Welding electrodes 8. Household Materials G. Asbestos Cement Products 1. Appliance wiring I. Counter ,unaces 1. A/C air duct .r 3. Electrical cord 2. A/C pipe 4. Filler for shoe .olel 5. Floor lile 3. A/C Iheet 4. Baking sheet 8. Hair dry.,., 7. Heat protective mats 5. Cement boards 6. Clapboard . 8. lroningboard pads and covers manti" 7. Roofing 8. Shingles 8. Lamp 10. Lamp lockers 9. Siding 11. Polters' kiln 10. Tile 12. Slow cooken H. Molded Products 13. Touters 1. Gun grips , C. Scl!ty Equipment 2. Filler and reinforcement in plastic' 1.-Aprons 2. Ann protectors 3. Pond liners 4. Phenolic lamlnatel a. Blankets 4. Boots 5. Resin. 6. Rheostat backing 5. CaPI I. Roofing Materials 6. Clothing 1. Aluminum roof coating 7. Curtains 2. Roof patch a. Draperies 3. Roofing felts O. Gloves 4. Roof preservative to. Hat ,. Sealants and Mastic. for Consumer and . , p.otIennd.icl Ia,tecsotnhtaatinpreodlIlCI,llrewlei.th.i.nb"le"ftcbaetreJa. or).', Commercial U.e 1. A/C pipe Joint tealant .,be,toe. .< Nota.-Not .11 of the product. In each Identified c:ateaor)' are believed 10 CCI1Ilaln LAdhealvea ,.;at, ... '. . 60056 Federal Register I Vol. 44, No. 202 I Wednesday, October 17, 1979 I Notices CONSUMER PRODUCT SAFETY and other hazardous substances in the For the Consumer Prod ucl Safety Commission: COMMISSION household. Suaan B. kinS. ~~ ENVIRONMENTAL PROTECTION The EPA Advance Notice of Proposed Rulemaking describes the Agency'. Chairman. AGENCY broad effort to systematically gather For the Environmental Protection Agency: Commercial and Industrial Use of nd Consumer information on asbestos exposure ' sources and to evaluate health risk from these sources based on the "life cycle" Douglas M. Ccntle, Administrator. _. IFR Doe. '19-3ZOJ6 flied 10-1&-'18: 1.45 amI Asbestos Fibers a Products Containing Asbestos: Statement of Policy on Coordination concept. In the life cycle analysis, the N..I.ING COOE t5e0-4,~ of Regulatory Activities cumulative risk from exposure to AGENCIES: Consumer Product Safety asbestos is examined from primary processing through end use and Commission and Environmental Protection Agency. disposa\. The CPSC Advance Notice describes a narrower approach to the -ACTION: Joint Statement on Coordination investigation of possible health risks of Regulatory Activities that may be associated with the use of This issue of the Federal Register asbestos in a number of consumer contains two Advance Notices of products. . Proposed Rulemaking (ANPRM) The Agencies recognize that in order regarding exposure to asbestos. The to expeditiously and effectively provide Notices are being issued by the public health protection from certain Consumer Product Safety Commission asbestos-containing products, there may (CPSC) and the Environmental be a need for remedial actions Protection Agency (EPA). Both agencies individually tailored to specific products have taken previous regulatory action to or uses as well as broader controls. For control human exposure to asbestos. Even with these actions, both continue example. the Agencies anticipate situations where CPSC's authority may to be concerned that human exposure to enable it to reduce consumer exposure asbestos from many sources may present an unreasonable health risk. The to 8sbestos-containing products pending purpose of this joint statement is to mere general proceedings initiated under EPA's broader program. explain the interrelationship of the proposed regulatory efforts by the two Through close cooperation in our agencies and to assure the public that ns and possible regulatory endeavors, EPA and CPSC hope to achieve the following three these investigatio resulting regulations will be objective. The first is to significantly coordinated. compatible and reduce unreasonable human health risk nonduplicative. from exposure to asbestos through EPA has authority to regulate complementary actions. The second is to asbestos under a number of laws it reduce potential reporting burdens on administers. In the ANPRM appearing in industry by coordinating information this issue. EPA describes a regulatory -gathering under our respective statutory n using the authority authorites. We plan to share all . , ,., investigatio provided by the Toxic Substances available data. while maintaining the Control ACt tTSCA. 15 U.S.c. 2601). Under TSCA. EPA may regulate any confidentiality of business information in accordance with applicable law, cbemical substance whose manufacture. processing, distribution in commerce. Third. to avoid inconsistent or needlessly burdensome regulations. . use'and/or disposal presents an each Agency's regulatory actions (e.g., . unreasonable risk of injury to human roles, bans. recalls) that may result from health or the environment. CPSC administers two statutes under ed to regulate these investigations will be developed in close consultation with the other which it is empower asbestos in consumer products. Under agency. the Consumer Product Safety Act The initiatives described here are (CPSA. 15 U.S.C. 2051). CPSC has the Illustrative of the efforts of CPSC and general responsibility to protect the EPA to further the goals of the ' public from unreasonable risks of injury. Interagency Regulatory Liaison Group illness. or death associated with (lRLG). The IRLG was established in consumer products. and may take action 1977 to promote better coordination against specific products presenting a among the major health and safety substantial product hazard. Under the regulatory agenices. ' Federal Hazardous Substances Act (15 Dated: October 10. 1979. U.s.C.1261), q'SC may regulate hazarda .... ~.~'.~ - inV'olved in the presence or use of toxic ~: . \ .~ .: '-