Document MOM80egMk20vKxOymqM9v0Ox

Docket No. OTS 61005 Advance Notice of Proposed Rulemaking Under the Toxic Substances Control Act Commercial and Industrial Use of Asbestos Fibers Mrs. Toni T. Repasch Record Clerk -~ Office of Toxic Substances (TS793) U.S. Environmental Protection Agency 401 M Street Southwest - Washington, D.C. ~20460 Dear Mrs. Repasch: The 40 CFR, Part 763 (Federal Register Vol 44, No. 202, pp 60061-60068, dated Wednesday, October 17, 1979) asks for comments and information relevant to the proposed regulatory decision on the commercial and industrial use of asbestosi fibers. Since we are not familiar with all the products using asoestos, we are addressing our comments-to the use of asbestos fibers in a resinous binder. We offer the following comments for your consideration: Asphalt-based industrial and maintenance coatings containing asbestos provide significant protection at reasonable cost, "k i Even though we would like to get rid of asbestos in our ; plants, we do not know cdf any satisfactory economic replace ment for asbestos in these coatings. CHEV BB 010358 Mrs. Toni T. Repasch -2- Worker exposure to asbestos fibers during manufacture is already regulated by OSHA. After manufacture, these coatings are nonfriable and do not release free asbestos fibers during application and service life. This has been recognized by EPA and CAL-OSHA in their, previous regulations. ' We believe that no additional regulations of the nonfriable coatings are: necessary. ~~ Asphalt-based industrial" and maintenance coatings are typical j examples of our products". These products serve a vital role _ II in protecting and waterproofing roofs, walls of buildings, and equipment. Aluminum coatings are also used to protect ro'ofing membrane and to reduce energy requirements for heating and air conditioning. General compositions include: I 1. Asphalt or organic polymer as the binder or resin. 2. Organic solvent or water as the diluent. 3. Variety of pigments and fillers (asbestos, mica, slate flour, limestone dust, colored pigments, etc.). Some of the coatings may have aluminum pigment. Our detailed comments follow the numerical sequence of the1 questions as shown on pages 60066-60068. CHEV BB 010359 Mrs. Toni T. Repasch -3- 1. Definition of Several Key Terms .1.1 Asbestos ~ Generic term for fibrous silicate-type minerals, generally __ ' i meaning chrysotile. However, for us the term asbestos mostly means the short asbestos fibers used in coatings, resins> patching compounds.,. undercoatings, etc. These are usually classified as Grades 7R, High Purity Open, Regular Coating, or resin grades. ^ 1.2 Encapsulated Fiber The fibers are dispersed-^in a resin or asphalt or latex or any other resinous material. The fibers are then encapsulated in the resin or other material after the solvent evaporates on application. 1.3 Locked Fibers We did not come across this term yet. 1.2} Easily Released fiber Fibers not bound together^by cement or 'resinous material may;.. become airborne with some air movement. Loose Insulation used previously is one of the Examples. 1.5 Friable Material _ Material which crumbles easily and turns to dust. CHEV BB 010360 Mrs. -Toni T. Repasch Comments -4- The definitions may differ, depending on which' trade, is using it. . ' We did not see the term, "locked fibers," before. Some: people probably use this term to describe the same effect as encapsu lation. The fibers are locked into a resinous binder. ; 2. Unpublished data ohT estimates relating to human exposure to asbestos from mining of asbestos to final disposal of asbestos-containing product. ^ Product Category * i h. Paints, Coatings, Sealants Chevron U.S.A. Marketing Operations manufactures four asphalt cutback products that contain asbestos for Special Products Division at Richmond Packaging Plant: Aluminum Asbestos Coating Asbestos Roof Coating Plastic Cement Undercoating Chevron U.S.A. Marketing" Operations also manufactures nine asphalt emulsions and three latex coating products for Asphalt Division that contain asbestos (Oakland and Willbridge Plants). CHEV BB 010361 Mrs. Toni T. Repasch . -5- We are not familiar with the asbestos mining. (Union Carbide and Johns-Manville will certainly supply information on that.) Our first contact with the asbestos is when our company truck picks up.:the shipment at King City, California. The asbestos fiber comes in 30-lb bags on pallets which are shrink-wrapped in plastic. The truck is vacuum cleaned after loading.-- On arrival to our plants, the .pallets are taken to the storage area on forklifts. Neither the truck driver nor the forklift operator should be exposed to any asbestos during this process. The manufacturing process, loading and mixing, is controlled by CAL-OSHA regulation,-Section 5208, Title 8, General Industry Safety Orders,--Asbestos Regulation. Comments ^ The same information is-asked In the next question under Section 3e. Sections a-h should be answered by the Environmental Specialist of the Quality Control Division of the refinery. Safety Section gathered the information on exposure at packaging plant and monitors the compliance. Asphalt Division should probably answer this question con cerning the emulsion and latex coatings. CHEV n BB 01036? Mrs. Toni T. Repasch. --6-- 3. Asbestos-Containing Products Listed in Appendix I Our products are covered.under the following items: Roofing Materials Aluminum Roof Coatings = Roof Patch Roof Preservation Metal Deasher (Undercoating) Latex Coatings a. Asbestos Content Our coatings contain asb-estos fibers. b. Purpose of the .Asbestos In the Coating; The asbestos serves the following purpose in the coatings: Film Reinforcement (Integrity) Sag Resistance Film Build Improved Weathering V ImprovedlFire Resistance The asbestos content ranges from 2-18% by weight in these coatings. ~=r CHEV BB 010363 Mrs. Toni T. Repasch -7- . The coatings use short fibers, generally classified as 7R or HPO (High Purity Open)_and Regular Grade 210. c. Annual.Sales of AsbestosContainlng Products for 1978 Product All-Asbestos Coating Sold in 1978, Gal.',, WPG 'l67,045 9.1 Lb 1,520,110 Wt % Asbestos 9 Lb of Asbestos 136,810 Asbestos Roof 110,115 8.4 Coating 924,966 8 73,-997 Plastic Cement 58,19? 9.9 576,160 Undercoating* 120,879 8.4 1,015,384 456,23? 4,036,620 17.8 15 102,556 152,308 465,671 ^Purchased currently from other supplier. About 470 M lb of asbestos was used in 1978. This figure does not include coatings made by the Asphalt Division. d. The value of these asbestos-containing products, or the sales volume in 1978: $1.24 MM.. The value of the asbestos used (at 10 cents/lb cost, our pickup!): $47 M. e. The pallet arrives shrink-wrapped, which was vacuum cleaned. These are stored in the storge area'on the third floor. When the operators are ready to make a batch, thenecessary amount of material is moved over to the loading1 area CHEV BB 010364 Mrs. Toni T. Repasch f -8- Calso on the third floor). Usually two operators handle the loading. They wear protective clothing and respirators. The bags are lifted to the fume hood-type, loading chute, which is equipped with suction line to pick up any airborne asbestos. The fibers from the exhaust are captured in a baghouse. : Through the chute the asbestos drops into the asphalt solution in a closed mixer". ' Thefsolution wets the fibers, and the mixer depresses them in~a liquid. The empty bags and the protective clothing are collected in plastic bags after the loading operation. The plastic bags are sealed, then disposed of in landfill through a disposal company. The loading aria is vacuum cleaned in case any , fibers were spilled during loading. The loading is handled by one or two operators; and it takes from one to two hours per shift, but not every day. About 220 batches were made during 1978. ^ Once the asbestos is incorporated in the liquid coatings, there is no danger of releasing fiber from coating during fil ling, storage, or transportation. The coatings can be applied by spray, brush, or roller. In most commercial applications, airless spray equipment is used because of efficiency and economy. Since the.asbestos fibers are completely encapsulated by asphalt or resin, no emission . of free asbestos occurs during spraying. Due to air currents. BBE010365 Mrs. Toni T. Repasch -9- some droplets may become airborne during spraying. But even in this form the asbestos does not exceed the one fiber/ cc OSHA limit (briefing paper by Union Carbide for November 8, 1978, CAL-OSHA hearing). f. There is no asbestos discharge to water associated with manufacturing. The only way asbestos fiber may get into the water is if the rain washes off some of the weathered roof coating. However, our estimate is that the amount of asphalt and asbestos getting into the water through erosion is negli gible. We based our estimate on a 20-year life span fob the roof with a number of overcoating and the fact that most of the coating is still there at reroofing. g. The waste generated during manufacturing of thei coatings includes the ~empty asbestos bags and the disposable protective clothing. These are collected in plastic bags, sealed, and disposed iih landfill. h. The life expectancy of the roof coating products is around five to ten yeahs. Usually they are overcoated before the product fails by weathering. When a building is reroofed or demolished, the usual disposal is landfill. The only results for fiber exposure during demolition we got are from Union Carbide's briefing paper for the CAL-OSHA hearings on Possible Changes in thh Health and Safety Code Section 25910 on November 8, 1978, and April 26, Automotive CHEV BB 010366 Mrs. Toni T. Repasch -10- undercoatings do not show erosion during their lifetime. We have no figures for exposure on the final disposal when the automobiles are dismantled. Comments Marketing Operations or_I3afety Department should comment on the expected exposure during manufacturing. We have to rely on the asbestos companies to supply data for the end disposal exposure. 4. Industry Structure II a. Current Trends I- Only part of the production used for new roofing systems. The larger portion of the c craft ings are used for roof maintenance and maintenance coatings in general. b. There was no change in the demand during the last few years. -- c. Most likely the smaller companies who do not have the resources even to look for asbestos replacements. d. No comments. e. No comments. CHEV BB 010367 Mrs. Tont T. Repasch -11- Comments These questions could be best answered by'the Marketing Department. 5. Asbestos Substitutes a. The following asbestos substitutes are being currently offered: Polyethylene Fibers Polypropylene Fibers Cellulose Fibers Carbon Fibers Thickeners-(Alone or in Combination) b. Substitute Products Elastomeric Roof Coatings Single-Ply Elastomeric Roof System Grease-Type Undercoating c. Performance Characteristics The substitutes do not: CHEV BB 010368 Mrs. Toni T. Repasch -12- Have sag resistance and film build needed Provide good ^thixotropy Reinforce the_film farmer as well Help fire resistance Substitute coatings are/5 More expensive Cannot be applied by homeowner No good-for patching holes d. We have not.seen-any exposure data on the substitutes. e. Price differentials: Asbestos fibers for coatings are available for 10-15 cents/lb, which is less expensive than any of the substitutes. Asphalt-based asbestos rdbf coating is available for about $2.20/gal. while aluminum asbestos coating would cost around $4.20/gal. The elastomeric coatings cost about $20/gal. and up. -- f. If a good quality-asbestos substitute is available ^ x (which it is not). It would take about a year to evaluate the coating for stability and- weathering. g. No comments. h. No comments. CHEV BB 010369 Mrs. Toni T. Repasch -13- i. Possible effect _of the asbestos regulation on new products. We will have^.nferior coatings at a higher, price. Comments Probably Marketing Operations has some ideas on Questions g and h. 6. What products do notT present health hazards. We believe the nonfriable coatings in which the asbestos is encapsulated in asphaltTSr resin do not constitute health hazards. These coatings^do not release the fibers either during application or service life. Comments ^ We take the abrasion by wind and rain as being negligible during the service life.^ 7. Asbestos-containing products which could be considered essential because of their benefits or lack of reasonable substitutes. -- The nonfriable coatings Should be considered as essential because they d.o not constitute health hazards during their service life. Also, there is no reasonable substitute existing at this time either for the asbestos'in the product or for the product itself! A large portion of these coatings are used by the homeowners for roof repairs. When they have CHEV BB 010370 Mrs. Toni T. Repasch _ -14- to switch from a $2/gal^ product to a $20/gaI. kind, that means real inflation for them. Also, none of the asbestos replacements were produced on undercoating that could be sprayed on the bottom of a car without dripping. Comments We did not mention.the -asbestos exposure during manufacturing. Water-based coatings by^the Asphalt Division should also be covered here. 8. State of the Art for_ Asbestos Identificatlon No comments. Comments This section should be answered by those familiar with the asbestos identification -such as the Refinery Safety Section or Industrial Hygienist. 9. Unpublished Data on^the Ambient Level of Asbestos in Air and Water No comments. Comments We do not know of any unpublished background data. Perhaps the Safety Section has some data on monitoring asbestos in air or water. CHEV BB 010371 Mrs. Toni T. Repasch -15- 10. Handling of Confidential Data by EPA _______ s Perhaps confidential data should be submitted on separate pages from the comments, and EPA would make only the summary of the data for a product line available for public viewing. Comments Environmental Affairs-probably has a much better idea how these types of confidential data should be handled based on previous experience, - ! CHEV BB 010372 /ENVIRONMENTAL PROTECTION AGENCY Commercial and Industrial Use of Asbestos Fibers and Consumer Products Containing Asbesios; Statement of Policy on Coordination of Regulatory Activities agencies: Consumer Product Safely Commission and Environmental Protection Agency. action: Joint Statement on Coordination of Regulatory Activities This issue of the Faderal Register contains two Advance Notices of Proposed Rulemaking (ANPRM) regarding exposure to asbesios. The Notices are being issued by the Consumer Product Safety Commission (CPSC) and the Environmental Protection Agency (EPA). Doth agencies have taken previous regulatory action to control human exposure to asbestos. Even with these actions, both continue to be concerned that human exposure.to asbestos from many sources may present on unreasonable health risk. The purpose of this joint statement is to . explain the interrelationship of thc_ proposed regulatory efforts by the Uvo agencies and to assure the public that these investigations and possible resulting regulations wilt be coordinated, compatible and nundupticativc. F.PA has authority to regulate asbestos under a number of laws it administers. In the ANPRM appearing In this issue. EPA describes a regulatory investigation using the authority provided by the Toxic Suhslnncrs Control Act fTSCA. IS U.S.C. 21*51}. Under t ouA. EPA may regulate any chemical substance whose manufacture, aroccssing, distributiomin commerce, jse und/or disposal presents an inreasonablc risk of injury to human matlh or the environment. CPSC administers two statutes under vhich it is empowered to regulate ..sbestos in consumer products. Under lie Consumer Product Safety Act CPSA. IS U.S.C. 2051]. CPSC has the cnernl responsibility to protect the ublic from unreasonable risks of injury, Iness, or death associated with onsumer products, and may take action gainst specific products presenting a ubstantiai product hazard. Under the ederai Hazardous Substances Act (IS S.C. 12G1). CI'SC nuiy regulate hazards ivolvcd in the presence or use of toxic household. The F.PA Advance Notice of Proposed Rulemaking describes the Agency's broad effort to systematically gather informatiorTon asbestos exposure sources and to evaluate health risk from these sources based on the "life cycle" concept. In the life cycle analysis, the cuntulalivcTfsk from exposure to asbestos isfxHmined from primary procossingThrotigh end use and disposal. The CPSC Advance Notice describes ariar-rower approach to the investigutiorTof possible health risks that may be associated with the use of asbestos inTTnumbcr of consumer products. The Agencies recognize that in order to cxpcditiotnsly and effectively provide public health protection from certoin asbestos-containing products, there may be a need for remedial actions individually tailored to specific products or uses us will as brouder controls. For example, the Agencies anticipate situations where CPSC's authority may enable it to reduce consumer exposure to asbestos-containing products pending more grnoraljyocecdings initiated under EPA's broader program. Through close cooperution in our regulatory endeavors, F.PA and CPSC hope to achiCWthc following three objectives. The first is to significantly, reduce unreasonable human health risk from exposure to asbestos through complementary actions. The second is to reduce potential reporting burdens on industry by coordinating information gathering under our respective statutory nulhorites. Wc plan to share all avuilablo data, while maintaining the confidentiality of business information in aer.ordancewilh applicable law. Third, to avoid inconsistent or needlessly burdensome regain lions, - each Agency's.regulatory actions (e.g., rules, bans, recalls) that may result from these investigations will he developed in close consultation with the other..*' . ji agency. __ * ** The initiatives described here are illustrative of the efforts of CPSC and KPA to further the goals of the interagency Regulatory Liaison Group (IRt.C). The [R1.C was established in 1977 to promotcJmtter coordination among the major health and safety regulatory ngenjges. Outrd: October 10. UI.'S. Gorntnissurtv, Sunn 0. King. Chairman. Far the Environmental Protection Agency: Oouglas M. Co.tlo. Administrator. [nr tv< xjji. Kiwa io-i t a *( MLVJNO COOt IS40-41-M BB 010373 -'MISSION `.FR Chapter U 'N sumer Products Containing estos; Advance Notice of )osed Rulemaking \ I <cy: Consumer-Product Safety mission. on: Advance Notice of Proposed making. . itARY: The Consumer Product Safety mission is concerned that consumer sure to asbestos from consumer jets may present an unreasonable if injury and that some consumer icts containing asbestos may nt a substantial product hazard. 1 will begin its formal investigation use of asbestos.in consumer ids by publishing this notice ling general information on the use )estos in consumer products. In on to solidting information on the ' asbestos in consumer products, otice describes CPSC's proposed tory approach to asbestos in mer products and solicits public ent on the approach. The lission will consider the comments I the development of any proposed tion or other remedial action to t consumers. Comments and information I be submitted on or before iber 17,1979. Those cumments rd after this date will,be ered only to the extent :nble. ~ ss: Comment's and information be sent, preferably in five copies t ce of the Secretary, Consumer :t Safety Commission, -j nglon. D.C. 20207, and should ) "Asbestos." Received comments icr relevant information may be icd in copies obtained from Office Secretary, llli lath Street. N.W, or. Washington. D.C. 20207, business hours Monday through . RTHER INFORMATION CONTACT; ie Shactcr. Program Munager, cf Program Management, acr Product Sufely Commission, igton. D.C. 20207. telephone (301) ;7. for information concerning il compensation for public 'stion in this investigation. Catherine Ikilger. Office of the ry at the above address, ne (202) 25-4-G241. Background Asbestos is n general lerm for any of several naturally occurring fibrous minerals cumposed of silica, oxygen, hydrogen, and other elements'such as sodium, cnloium. iron, or magnesium. There are six busievarictics of asbestos minerals that arc found in fiber form: chrysotilc (Ihe most common variety, and that found in about 95',' of asbestoscontaining products in the Unites States), amositc. crcTcidolitc, actinoiitc asbestos, tremolite asbestos, and anthophyllitc asbestos. The high tensile strength, flexibility and heat chemical resistance of asbestos makes it adaptable to a large number of uses. Although precise figures on the number of asbestos-containing products are not available, the Commission cstimATes that hundreds of different types of consumer products contain asbestos ifllome form. Many consumer products, for example, contain asbestos paper as a thermal or electrical insulating barrier. Asbestos is also commonly used in household building products to provide strength and stability. Health Risks Relatep Exposure sbest CPSGTs concerned that the presence of luriieslos in consumer products, under certain conditions, may present a risk of cancer and respiratory disease. On the 'basis of current information, it appears that consumer products containing asbestos fibers can pose a health hazard if the asbestos fibcrslarc released into the air. and Ihnrefonfhrc available for inhalation. The hazard may be undetectable in the ordinary use of ^asbestos-containingTJToducts, since some asbestos fibers~mny be visible/ omy by means of optical or eleetc mier&saov. . A large body of scientific evidence suggests that all mu jw types of asbestos are carcinogenic. Animal data and human cpidemiologidstudie* support this conclusion. ' -V." Extensive epidemiologic studies nf health effects conducted in occupational , settings provide the Inrgcst body of information an asbestos-related diseases. Since the early HKJO's there has been increasing evidence as well of asbestos-related discTtsea in populations not occupationally exposed to asbestos. Epidemiologic studies; have demonstrated increased incidence of asbestos-related disefffes. including lung cancer and mesothelioma (a cancer of the linings of the pleura and peritoneum) among nonoccupatiofOllly exposed populations, indudirrflndivuhinls with omy uriei or intermitted bystander" exposures. Autopsy studies of lung (issues',of residents in urban areas in many parts of die world indicate that tile gonerui population is being exposed to asbestos from the general environment andjhut once inhaled, asbestos' fibers con remain lodged in the lungs for life. / Health Risks Related to Consumer Products Containing Asbestos Asbestos released from 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 Conunission. Second, unlike asbestos released into the general environment, where fibers may be disbursed by air currents, 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 i/JW^ resuspension. The presence of asbestos fillers can thus pose an ongoing inhalation risk in the household. Third. . unlike the workplace where engineering control systems and protective clothing arc available to minimize worker exposure to asbestos, household members have-little or no protection from exposure to asbestos fibers released from consumer products. '('raviolis Commission Action Concerning Asbestos in Consumer Products The Commission has issued rules declaring consumer patching compounds ami artificial emberizing materials containing respirable asbestos as ;.-r . banned hazardous products under (he ' Consumer Product Safely Act (CPSA). (Hi t.'FR 130-t and 1303. 42 FR R335-J. .y^ December IS. 1377.) These actions ivcrc/ilaki-n on the basis of Commission findings that die use of these products in^ the household would subject consumers to increased exposure to asbestos fibers;-? The Commission determined that this increased exposure, combined in many* cases with exposure to asbcstos.frunQ other sources, would result in increased risk of cancer. In view of the.*1 seriousness of this illness and the b-j-Ssai cumulative effects of asbestos exposure^ the Commission determined that " 1*-* continued use of these products in the -Tt-r household presented an unreasonable.; risk of uujury and that no feasible `V..T consumer product safety standard under. ?" the CPSA could adequately protect the >; public from the risk. The Commission has also been concerned with the use of asbestos in hmr dryers in light of information initially indicating that a significant CHEV BB 010374 sf proportion of some 50 !o 00 million hair * dryer* In consumers' hands or in Ihe sectionH7(h)(l) of the CPSA (IS U.S.C. 2070(b)(1)) to require manufacturers ' chain ol diitributian contained asbestos. -. As a result ot negotiations between the Commission's staff and firms which - share approximately 9075 of the : consumer hair dryer market, the firms (Including importers) and private labelers of certain categories of consumer products to submit information on the use of asbestos in specified consumer products which the .. have agreed to cense production and distribution of hair dryers containing asbestos and to offer consumers some form of repair, replacement, or refund. .. The Commission's concern with hair Commission believes mcrii initial attentions The Commission intends to select consumer products containing asbestos lor priority attention in this Investigation, based on the following dryers containing asbestos has been criteria: (1) the number of units of the , ` broadened to include hair dryers used product estimated to be in use by v.by consumers in commercial hair ^dressing establishments. Tests of hair dryers containing consumers. (2) the form and location of the asbestos in Ihe product: (2) the frequency, duration, manner, and asbestos hatfe been performed for CPSC location In the consumer's environment ijfby the National Institute of of product use, including such factors as ^Occupational Safety and Health Ihe expected useful life of the product gfNIOStt) of the Department of Health. and the presence of heat and/or ^Education. and Welfare to aid in the moisturcTnd the likelihood of abrasion 'determination of emission of asbestos during use or forsccable misuse: (4) the fiber from the hair dryers. The results of likely availubility and feasibility of jflhese tests are currently being analyzed. lubstitute^ for asbestos in the product; ^Information Gathering on Consumer ^Products Containing Asbestos (5) the relative case of data collection and analysis by the Commission and the reporting burden on industry: and (0) the j&vln order to determine the scope of the degree of potential overlap of CPSC ^potential problem posed by consumer reporting^fcquircments with the 'products containing asbestos, CPSC Information gathering efforts of other [commissioned a study to determine regulatory agencies, particularly the [what other categories of consumer Environmental Protection Agency. products conlain asbestos. As a result [a report by a Commission contractor. of, r,CoTmhme isInsfiWurnmmntaiuyfrrevqvuiuirder Ihr----- -- \ in the general Jiuvicw of Asbestos Use in Consumer Prducts. A. T. Kearney, Inc., Management Consultants (April. 1978} (Kearney report) and through examination of other published sources, or special orders includes for ihe products covered: specific product j indentifiention information: the function ' performed by the abestos in the produdt: a description of the asbestos: the j the Commission has developed j information that indicates the presence j of asbestos in a number of consumer products. Using the Kearney report and other available published sources, the Commission's stuff has grouped the I products according to the genera! form j n which the asbestos exists in the f location qLjhe asbestos in the product' available-lost or other data concerning asbestos fiber emission: information oq (he promotion, marketing, and use \ patterns of the product; and information: on possible substitutes for the asbestos , in the product.__________ --I product. This list of consumer products'^ Thc-Cornmission plans to begin sr categoric* of products containing selecting products fur priority attention isbestos is set forth in Appendix A to and may issue general or special orders his notice. Atso included in Appendix A to require the submission of information s a list of consumer products that have been (he subject of consumer inquiries on those products during the time it is receiving comments on this notice. or that are otherwise alleged to contain The Commission intends la coordinate asbestos. The Commission requests the gathcrlgg of information under the interested persons to provide general uncf special orders with the information on whether the lists tn UiformatioTTgathering activities of the Appendix A are complete and accurate. EnvironmeHTu! Protection Agency (KPA). Any information received in response to which is proposing, in nn Advance this notice will help the Commission Notice of Proposed Rulemaking determine Ihe scope of Ihe problem and appearing flaewhere in this issue of the identify specific products on which it Federal Register, a comprehensive may need to focus its attention. regulatory.program under the. Toxic To obtain additional specific SubstanccsTdonlrol Act to address information on the use of asbestos In asbestos exposure. Coordination consumer products in the near future, between CPSC and F.PA will include the the Commission intends to Issue general sharing of i.nfor-rmrttrrtTrini-.ludina where and special orders under the authority of permitted bjTappiicabie law, thu sharing of confidential business Information. Through this coordination. F.PA and CPSC will endeavor to1, reduce reporting burdens on industry and improve the efficiency and effectiveness of regulatory efforts. The Commission solicits comments'and information from interested persons on the issues raised by the sharing of confidential business information, particularly concerning ways to reconcile the agencies' need for information with industry's legitimate interest in preserving the confidentiality of trade secrets and other confidential commcrical or financial information. Regulatory Approach General Policy - The previous regulatory action the Commission has taken concerning asbestos In consumer, products has been based on several principles. First, the Commission concluded that exposure to any respirable asbestos fibers from consumer products presents a health risk because there has not been demonstrated to be a threshold or noeffect level below which exposure to asbestos fibers would be considered safe. Further, exposure to asbestos from consumer products is generally In addition to environmental exposure from a number of other sources, and therefore must be viewed as part of a cumulative burden of asbestos exposure. Second, the seriousness uf the injury associated with asbestos exposure--thc potential increased risk of cancer--was given considerable weight by the Commission in the decision-making process to determine whether the consumer products presented an unreasonable risk. As it is required to do by statute, the Commission carefully considered the effect of regulatory action on the utility, cost, and availability of the product and concluded that in the absence of compidling evidence of unacceptable social or economic costs associated with removal of asbestos from the product, regulatory .action was warranted. The Commission recognizes that before it may take regulatory action, the Commission must make the necessary Statutory findings, based on substantial evidence: and that it must observe live requisite procedures designed to ensure due process in taking regulatory nction. As a general approach, however, the Commission proposes initially to seek the elimination of all non-essential uses of asbestos in consumer products from which asbestos fibers are released during reasonably foreseeable conditions of use. including misuse. The Commission proposes to take regulatory action concerning non-essential uses of CHEV BB 010375 .asbestos on the basis of a determination hazard and requiring the repair or i! ihe fact of asbestos fiber emission, rather than a quantitative assessment In determining whether use of asbestos is essential, the Commission will generally consider a number of factors, including but not limited to: the function performed by the asbestos in '.the product. Ihe benefit derived from the "use of asbestos In the product: and the ^ availability and cost of substitutes for J the asbestos: and the safety of such f. substitutes. _ * ';>The Commission proposes la use this replacement of the product or refund of the purchase price: or (5) rules requiring manufacturers of the product tugivc notification to consumers of performance and technical data, including-warnings hr instructions for safe use. at the point of sale. Such performance and technical data could Include the results of testing which, under ccrtairTSircunistanccs. the Commission ritay require manufacturers to perform. -- At any limeTevcn when one of the `regulatory approach in addressing the above proceedings is pending, the problem of asbestos exposure from Commission ffiay file civil action in a consumer products and solicits jbomments from interested persons on United States district court against an "imminently hazardous" consumer ^whether this is an appropriate approach product or the manufacturer, distributor tmdt'! llm regulatory authority oi the or retailer of such product for seizure or Commission. "s..By proposing this regulatory injunctive relief. The FHSA prescribes requirements for approach, the Commission does not intend to preclude possible action to address essential uses of asbestos rn consumer products from which asbestos cautionary labeling of household products which are or contain....... "hazardous (including "toxic") substances", as those terms are defined fibers are released. The initial focus, In the Act or ns the Commission may however, will be on non-essential uses define them by regulation. The of asbestos. ........ Statutory' Tools for the Resulation of Asbestos in Consumer Products Commission algs may prescribe by regulation reajsSnabie variations or additional label requirements for hazardous substances, if the .CPSC administers two statutes under Commission fimis that notwithstanding which it is empowered to regulate 'cautionary labeling, the degree or nature asbestos in consumer products. Under of the hazard presented by the the Consumer Product Safely Act substance is such that the public health CPSA. IS U.S.C. 2051. ct scq.), CPSC can bc adcquatcly protected only by ms the general responsibility to protect excluding such substance from the .he public from unreasonable Halts of channels of commerce, it may, by njury, illness or death associated with regulation, declare the substance a :onsumcr products. Under the Federal banned hazardous substance. Uauned lazardous Substances Act (FHSA. 15 hazardous substances arc subject to J-S.C..12G1. et scq.). CPSC may regulate automatic repurchase under the Act. luzards presented by the presence or Where a serious threat to public health isc of toxic and other hazardous exists, the Commission, pending ubslanccs in the household. completion of a rulemaking proceeding Possible regulatory actions under the to declare a substance a banned fl'SA to address asbestos exposure hazardous substance, may. by notice ncludc: published in tlieJmdcral Register, .,(1) consumer product safely *tandards declare a substance an "imminent insisting of requirements as to hazard", and thus temporarily ban such, lerformance. composition, contents, substance from the channels of lesigp, construction, finish or packaging commerce. 1= if .the product: The Cl'SA empowers the Commission (2) consumer product safely standards to address unreusonnbic risks of injury urjuiring that the product be marked associated with consumer products or rilh or accompanied by clear and components of^such products. Thu dequate warnings or instructions, inclusion of components whs intended tduding requirements specifying the to enable the Commission "to regulate jrm of warnings dr instructions: just n part of a consumer product if only (3f rules declining the product a such regulation were warranted." ASC armed hazardous product: hulustrins. In cry. Consumer Prmhtct (*!) orders, following the opportunity Safety CanimisSun. 5H3. F. 2d 11122 (O.C. ir an evidentiary hearing, determining Cif. turtl). ThisZfecngnition Ilia! products oil u product presents a substantial may pose u risk of injury because of the rodimt hazard: and requiring the presence of a particular component lamifacturer. distributor, or rcluiler to suggests (hut thnXnmmissmn could otify the public and specific purchasers address in a single regulatory action the {the product of the nature of the use of usboslus as a component in u number of different consumer products that share similar or related uses of asbestos, provided the Commission make* the requisite itatulury findings under the CltsA. (See section J(cj. 15 U.S.C. Z03H(c).] Regulatory action io address asbestos in consumer products could include regulation of asbestos as a component in I) Pany consumer product where exposure to asbestos fibers occurs: regulation of a ` group or category of consumer pruducts which contain asbestos in a form that results in exposure to asbestos fibers; or regulation of individual products that contain asbestos on a ease-by-ease basis if exposure to asbestos fibers occurs. Tiie Commission has used the latter approach in the past. From the standpoint of effective protection of the public health and efficient .expenditure oflimited resources, however, the Commission believes that in certain circumstances a broader, more "generic'' approach to regulation may be preferable. Where appropriate, the Commission will consider such an approach to the regulation of asbestos in consumer products. In situations where a particular type of product is found to . present a hazard, the Commission will pursue appropriate regulatory action as to that product type. issues Highlighted For Comment The Commission solicits comments and information from interested persons on nli the issues raised in this notice as well us any other matter relevant to the investigation and possible regulation of consumer products containing asbestos. The Commission is particularly interested in receiving comments and information on the issues and questions set fortli below. 1. is the Commission's list of consumer products containfng asbestos (or possibly containing asbestos) contained in Appendix A accurate and complete? Arc there products or categories of products on the list that are (a) no longer manufactured or (b)' currently manufactured but nolonger contain'asbestos? Arc there products or categories of products currently manufactured that contain asbestos but that are not on the list? 2. i low can agencies (such us CPSC and HPA) proceed to_o built information necessary to make informed regulatory docisiimjrcdimorninjr asbestos while considering indusTry's, and ihe general public's interest in avoiding unnecessary repoiting burdens? How can the agencies' needs fur information be met while protecting industry's legitimate interest in preserving the conl'identiidit-y-- of trade secrcls and other confidential commercial mid financial information. CHEV BB 010376 t vt:unn.iu;iy, U<:tnt)<;r 17. 11179 / Proposed Rules x'if-r * *r 3. The Commission'* proposed should receive priority attention In this fL^uliilary approach will Initially seek, h investigation. the elimination of ail nan-essential uses 1 9. Tim Commission has listed a of a'sTRfgTSTTrrtnnsumcr productsTrom I numbcr.of criteria which ii intends to which HsUcsioTTibers are relcnsctT apply in selecting consumer products during reasonably foreseeable " conditions or duration of use. Including containing asbestos for priority attention in Its investigation. Arc these misuse, is this a round approach? Is ii criteria appropriate? Are there an appropriate one under the statutes the Commission administers? Under additional criteria that should be applied? what circumstances should the Public Participation Commission consider action to address essential uses of asbestos in consumer . During the investigation and possible products from which fibers arc released? regulatiaJTbf consumer products A. How should the Commission containing'asbestos, the Commission ' determine wnal constitutes an essential use of asbestos in consumer products? '* Are the Commission s proposed criteria hopes to receive the views of public interest, consumer, industry and other in teres tecTgraups on all relevant issues. x appropriate? How much weight should * be given la cost, availability, utility or ^safety of substitutes for asbestos in . consumer products? How should the societal benefit derived from a product, In order to facilitate this participation, the Commission, in addition to soliciting written comments and information "through this notice, may conduct one or more public hearings or meetings, in or the use of asbestos in a product, be .order to ensure representation of assessed? -viewpoints"from groups and individuals 5. The Commission's proposed position concerning the type of evidence. necessary for regulatory action is thalit can lake action on the basis of a . determination that asbestos fibers are ,"being emitted from a product. Is this who might otherwise not have the menns to furnish comments in response to this noliSd. the Commission will make available financial compensation for reasonable-expenses incurred in furnishing comments. Funding will also --approach appropriate? In what situations should quantitative measures- i of osbesltis fibrr emission tie nttnrnpted7j be availahlcjor participation in any hearings, meetings, or other future CommissiorTprocccdings connected to ' If so. who should conduct the tests to this investigation. Eligibility for financial determine the quantitative levels being emitted from particular products? compensation will be determined in accordance with the Commission's Should the Commission utlcmpl to define or develop criteria to determine whether asbestos fiber* are "respiruble"7 Interim Policies and Procedures concerning Fimmciul Compensation of Participants rn Informal Rulemaking Proceedings (10 CFR Part WfiO]. . 6. Where appropriate the Commission individuals or^roups who wish lo apply intends to consider regulation of for financial cumpensntion should Asbestos as a component dTone or more promptly contact the Office of the groups or classes ofconsumer products Secretary nt the above, address, and li.e. "genericully"). rather than on a indicate Iheiriritcrost in receiving the product-by-product basis. Under what circumstances would this bo an necessary application forms and other information. ^ appropriate approach? What are the (Consumer Product Safety Act, 15 U.S.C 3051 advantages or disadvantages of such an npproach? 7. The Commission docs not intend to ct. soq.. FcdttruUUznrduu* Substances Act. 15 U.S.C. 1201, etTscq.) Dated: October 12. 1979. employ quantitative estimates of cancar Sadye E. Dunn, ,nsks posed by exposure to asbestosliber* in making regulatory dedsions Secretor)\ Consumer Product Safety Commission. Concerning consumer products ' Appendix A.--Consumer Product* containing asbestos. Is this an Containing AntwsTo* 1 appropriate approach to the regulation of tin! risks posed to the public from e.Nttnsurc to asbestos in consumer products? 3.The Commission has limited Asbestos Paper Products Acoustical ceilirtgjile ijtmp socket* Burner mats for gifs stove* information concerning; qualitative or liuinlitatiye studies nf flfhesin* fiber innssicm from particular consumer lroductiuXha-tlommission Is interested n receiving any such information in irder to help identify product* which * Sourer IU-rir*-jirAshen,n l's,' in Consumes Pnhituts. A. T Kearny tin-.. M*n*ip*nn-m Consultants (April, lv.'at, anti other pulilishctl aiiurccs. Ktnal luiiialtt lumet ilrlerminutinnl tor tltrsr products hitifl rua tienn made, litn itn lirmtn nf pimiyrl on thta tut tin-* nut mean that all bfutttia or miult-li at the! prnttnet rnittain ntlit-stnt Roofing felts fouler invi-r*l Pipe and (totter covering Vinty ilteel flooring bricking . . Radiator top insulation Appliance hunting shielding (paper) Slow cooker* Hairdryer* ' Paper sheet* for heat insulation Millboard TV and other electronic switch plate* Electric jwilch boxes 4., Metal reinforced gasket* (for sic-cooled engine*) ; Electrical washer* Linings for oven*, kilns, safes, aafety boxes, incinerator* Millboard sheet Wall protection behind heat-generating products Floor protection under wood and coal *(oves Soldering and welding block* iron rests * . 1 f Appliance heat shielding (millboard) Toii*lcrs RutUscrie broiler* Fireproof waliboard .' Metal-dud lire door* and partition* Tent grommets Stove pipe rings Cloth and Woven Products . - Flexible air conductor for heating, cooling and ventilating equipment Appliance wiring Uurliecue fire thrters limbers Curling truns Electric blankets I i.-tir dryers Healing puds Ranges Stow e.ntiker* Toasters Irctn* Deep ful fryers Electric fry pun* Awnings Candlesticks Catalytic Heater Mantles - Cigarette Lighter wick* - Cmd Sen!* for high temperature gaskets Valve steam packings Insulation for glass handling tools Reinforcing for braided wall stem hoa Theater cumins Fell Reinforcements in plastics Ciikets Reinforcement in asbestos tapes Secondary insulation In high temperature wur urn! cable " ' Asphalt impregnated roofing felt* TiTiim iintl organ (ell* 1 tenting puds (element insulation) irimiag hoard pads uml covet* Uimji iintl lantern mmoles Pi|te and boder covering Pot holders tu! oven nulls Finnic resiilant garment* (limes Hals Helmets Hoods Mittens CHEV BB 010377 .Ttrunnauay. October 17. 1979. 1979 / Proposed Rules G006I Overguilcr* Sleeves Suita Umbrellas Apron* Amt protector* Flme-raUUnt blanket* Bool* Capa . Smokers' bib* Stove*--Coal and wood burning ' Tape for pipe Insulation Braid and rope for packing Motion picture screen* Tent grommet* Asbestos Cement Products Water, sewer and septic drain Held pipe Airduct pipe Sheet product* . Roofing clapboard V Siding . 3. Shingle* Inferior walla Boiler and furnace baffles Bulk sheeting Welding shield* Baking sheets Blackboards Laboratory table top* . Linings for vaults, safes, humidifier* and filing cabinet* ( \.a- Viscous Matrix Products Vinyl aibcsios floor Ulc* Abrasive wheel* Aerial distress flare* Molded plastics and phenolic laminate* Paint TerHired paint Cement. dryWull and plaster patching compounds Artificial gas fireplace embertzirtg malerial Phonograph records Consumer Product* Possibly Containing Asbestos * Appliances Air conditioners Dishwashers Hand-held mixers Portable electric heaters Popcorn poppers Refrigerators Vacuum cleaners Waffle Maker*.- Miscellaneous Products Carpet padding Fireplaces -- Instant papier macho Light fixtures otTrailroad passenger cars Welding masks File cabinets __ jkr Doe. rs-sarar ni*<i to-ia-rss a-.rs *m| tujHO coot sasSai-s* Adhesives (glues and epoxies) Ait-duct cement for asbcstos-cemcnt air duct ' ENVIRONMENTAL PROTECTION Buffing and polishing compound* 'AGENCY _ Caulks and putties Floor tile cement and mastic 40 CPR Part 761....... Auto body filler l l.'nhiny cement ' tOTS 8100S; FRL 1332-AA1 l .tfitacr cement taring compound for ceramics *jpt? and boiler coverings tnuf and driveway coutines Commercial arid Industrial Use of Asbestos Fibers^Advance Notice of Proposed Rulemaking ______ _- iluuia and vurnishrs lutomotive metal dimdener uilumotive undercuuiing ,.. . elrigerant cements agency: Office of Toxic Substances, Environmental Protection. agency: (EPA, or the Agency). . .utotnolive muffler repair compounds It1. roducts Suhjcct to Inadvertent Asbestos antamination action: Advance Notice of Proposed Rulemaking (ANPRM) Under the Toxic Substances Control Act (TSCA). -iveway gravel rtiiizcr and lawn care products tiling materials (vermieulite) Ic* for nnncosmctic or food u*e applications summary: EPA irconcemcd that many sources of humarTexposure !o asbestos may present an unreasonable health risk. Exposure tomsbestos fibers has been shown to coSTrtbutn to increased sculluneous Products risk of lung damage (nsbestosis) and uustical and thermal insulation material, cancer of several anatomic sites in sprayed , . , , imumtiim shell wadding lumotive mufflers bncue firebed moteriuls in gns barbecue grills I ! lull. Repair Kits ver puls humans. -3=3- Asbestos is n gefft-ric name for several naturally occurrtriffminrnw fibers. Since the beginning of the century, approximately M raUlion tons of asbestos fibers have been used in ihc lion Materials UnilrdSlates to produce thousands of lulr.h plates .ike linings its' kilns (home hobby) ry clay der (aslieslos) commercial and industrial'products. The inventory of asbestos products is growing since products introduced into commerce reprusi.'nrbtroTfrTSO.OOO tons fiber furcement in molded plastics snd rubber 1 Sourer1 Cunsuiner Inqicifir, and uthnr sourer* motive rudiutor sealant nut vcnfwd by the Cumnumon. of asbestos per year. Some libers used in these products are inevitably released ns 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 . because of the fibers' mobility und . , resistance to chemical und physical . decomposition. Humans may be exposed to these fibers from the aforementioned direct and indirect sources. Certain exposures to asbestos arc' , controlled under various Federal and . State authorities. However, because of ' limited mandates (i.e., focused on specific populations or exposure sources), technical difficulties fe.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 segments 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 source-specific regulation authorized * unticr other Federal authorities. Under TSCA, EPA is currently investigaiing the__ cumulative effects of exposure to t HisEiTsios throughout its tile cycle in .. commercial and industrial products (i.e..' from mining and milling through processing, product manufacturing, use and disposal). Our preliminary studies . 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 to promulgate rules to prevent and reduce any unreasonable risks that are identified. ' EPA anticipates that any rules it develops to control unreasonable asbestos risk will evolve chiefly from a combination af the following rrgulntory approaches. Under the first approach, the Agency might promulgate rules thaj prohibit the processing, nuinufaeturu. Tfid use of certain asbcslds-contuining. ` products or product categories. Under Hie second approach, the Agency might limitIhc annual amount of asbestos fimiorted and produced in tho Uniled Stairs, nr ifmigKriimil the amount of aslieTtos processed in the Uniled Stales, Doth approaches would aim at reducing the consumption of asbestos for nimcs.icntiiil purposes. Doth reflect the Agency's belief that many usbestos products have economically available substitutes. All rules would be designed to minimize adverse_impacts on industry \ ( CHEV BB 010378 . . 1\U1CS * by providing sufricio.nl Urue la adopt SUPPLEMENTARY INFORMATION! ; substitutes and climimtlo asbestos The Problem processing equipment. Control qf mlw-stoi already installed EPA has conducted a preliminary cvaluatjcffi of usbestos related health or in service will generally require effects arul exposure situations. On the action different from the once above. basis of this evaluation. EPA believes Many existing sources arc difficult to that many sources of exposure to identify and control. However, at an asbestosjrmy present an unreasonable initial step, the Agency is investigating human health risk because of serious the development of a rule to require adverse health effects and large public school surveys tn determine numbers of people subject to exposure. whether asbestos hazards urn present Studies dTcxposed populations have 3ue to deteriorating insulation. The shown that asbestosis. a progressive Agency will also consider requiring detcrioraFTon of lung function, and appropriate corrective measures where various types of cancer are associated hazards are found. An Advuncc Notice with asbestos exposure, even at low of proposed Rulemaking has been concentrations or after short cxposuie published in the Federal Register periods.u 1 describing thi action (4-4 FR S4070, Asbestos is a generic name for a . September 20,15)73). Other existing variety of naturally occurring fibrous sources that the Agency may control in - mineral siltcatea (chrysolilo. nmnsitc. the future include public buildings crocidolitc. nnthophyilite. lremolito. and where asbestos was used as an actinolitcfi For many years asbestos has insulation or decorative matcriul and provided reliable protection against merchant ships where asbestos Is widely used as insulation. In support of the investigation of (asbestos products and uses. EPA expects to wfatrs a~rrpnrting rule under section 3(a) of TStlA to gather economic 0 and exposure information. The Agency also anticipates issuing a rule under > section &{d) of TSCA to require the I submittal of unpublished health and safety studies refilling to asbestos. Finally. hRATvill consider the need for | supplementary regulation under other Federal law* administered by EPA and other Federal agencies. ' damage from he.at. fire, und rot and has served many other valuable functions. The high tensile strength, flexibility, and heat and chemical resistance of asbestos fibers make them adaptable to a large number of uses. Although accurate figures on the number of asbestos-containing products are. not available, some 2.IXX) to 3.1XX) discrete products anrestimated to contain the material. ^ A.sbustosjiso has been increasing steadily. Since The beginning of ibis century, approximately 3C million tons of asbestos have been used in tlu; United Slafcs_ with the tolul incieasing EPA solicits comments on this Notice. annually by about 7fa).LX.X) tons [average These comments will be considered annual use offer the past ten years). ' during development of any proposed Much of (his asbestos is still in the rcgula lions* biosphere because asbestos fibers arc date; All camm'erits"rrusi be received by highly indestructible and quite mobile, the Record Clerk by December 17, T<J7n. moving from land and water to air address: Mrs. JonfTlRepasch, Record Clerk. Office afTcrxic Substances (TS793). U.S. Environmental Protection Agency. 401 M Street. S.W.. . Washington] U.lir 2040q] Comments should include the docket number OTS-GKXlS. Comments received on this Notice will lie'available for viewing ao4-cafy*Rfrfreav4MTrtt. to 4:30 p.m.. Monday through Friday, excluding holidays, in Room 447 East Tower. KPA }ieadquarters. 401 M Street, through nurinal physical processes. Exposure soTTrces include mines, mills, processing facilities, products, disposal sites and the ambient environment. With long latency periods between exposure and uvhlenordf disease, we probably have not yet felt the total impact of asbestos-related disease incidence due to the growingjjrcsencc of asbestos in the biosphere*. Approximately twenty fclcdcrid . regulations under various laws regulate Washington, U.C. * lloyns P ct m[ frU ). 77>** 0tU vtt ft) FOR FURTHER INFORMATION CONTACT; Industry Assistance Office. Office of Toxic Substances (TS-7P9). Environmental Protection Agency, 401 M Stieel. S.W., Washington. U.C. 204Wl. Phone: tKXF-424-90riS. {In Washington, U.C.. cull 35-1 -- J-40-4j. H**IU 4t Ih* lnU-fn.4Tum.4i A#rtu > J*i/ t>n Ci*ncrt, l.yrm, Krxnte, 2-^4 Uc(<*l*<*f \Z2. ` tto- M-cmo. R } iZA *bi*<0*r Aft tfift'rrrmtuift llrumrcv DHKW ^Mictwrt No (MNJ Uwit. NUv 1U7ML 24^1 * U.S Km iftmmrau) Prolrchon 6Chrrmt'tti M<tfkrf fafHii ( h'tput Ann!) sm S** ffW/ Chrmtcrt/ Svfatfnrcrt lo A.*ir** C*nr**< of En\truttnu*ntui (,'Taxi It! Ax^*%x1t*d. \V*h4ni(lun. 0 0.. Uf.-Ji. hurtiiirt and environmental exposure to asbestos. * Uespite these regufiilions. however. large segments uf the population continue to be exposed to asbestos. Consistent with their legislative mandates, existing regulations are limited Ur controlling, asbestos injp_ccificjnedia (e g-, air, water] food), source categories (c.g.. process emissions, waste piles), or population segments (e.g. workers).1 These* regulation* are not designed to control the full rungc of exposure situations. For example, there are over t(Kl million motor vehicles in the United States today. Since most vehicles use u * set of nsiiestos-cantuining brake linings every 3 or 4 years, u considerable amount of asbestos-containing material is released to the environment during > use and maintenance. Yet. not Federal regulation addresses the problem of asbestos build-up in the biosphere from this and many other sources. Even within their regulatory purviews. Federal and state authorities ara_ constrained in establishing adequate ( asbestos exposure controls. Because.of Their limited focus, these authorities ___ only weigh partial risks (e.g_ occupational exposure) against total societal benefits at asbestos-containing products and uses. Thu limitations of a_yuiliLblc_fiiir_tru:asucmen t tcciuilquei. also constrain the range of feasible control options. Approach to Regulation of Asbestos Under TSCA The Agency believes that TSCA provides un effective rneani oT 'controlling the proliferation of asbestos use in the United States ami ofTcJur.ing tfie health risks associated with the existing accumulation of asbestos in the environment. Under the compreshensive jurisdiction of TSCA. ERA has authority , to weigh overall risks prosented by the_ entire asbestos life cycle, from mining to 'final disposal. For example, EPA can-, control any chemical manufacturing, processing, distribution in commerce, use. nr disposal uctjvity, or any combination of these activities found to pose an unreasonable risk to health and the environment. ERA is planniri&.ta use TSCA's unique authority in this rulemaking to assess whether exposure to asbestos throughout its life cycle presents an unreasonable risk to human health. Where the presence of risk Is determined. F.PA will consider developing regulations under TSCA and other laws which the Agency administers. The development of 4U S. Knv IVutrt tinr A^rm y #*ytttcr Ciiattntu }xrrttn*tfy to /A* K<>*wif*o*M* of A*!*'>'**. In Hounc Av<U W*W. CHEV BB 010379 Hulfioritics will be integrated to promote EPA is relying heavily on the extensive udequute health protection and epidemiological studies conducted minimize impact* on Indusiry. primarily in occupational settings. The The Agency anticipates that most results of animal studies lire being used asbestos regulatory action will be taken to supplement jepidcmiaigic data. For s under section G(a] of TSCA, although example, data from animal studies are lection 5(a) might also be used where being uacd to assess the biological ippropnnte. Among other things, scclion activity of fibers which differ in size, 3(a) enables the Agency to restrict shape, or chemical composition. These dtcmical processing, limit quantities hat can Be used, require appropriate abels, and mandate-recordkeeping. Section 5(a) enables the Agency to cquire that manufacturers submit ircmanufacturing notification for ignificant new uses, of a chemtcaL Before promulgating a rule under ection 6(a) of TSCA, the Administrator oust determine that the substance in [uestion presents an unreasonable risk o human health and the environment "he Agency can then develop rules to educe or prevent the risk using the least 'urdensonte reauirements. To accomplish this end in the case of sbestos, TSCA requires that the allowing areas be examined and ocumcntcd: {l},Thc seriousness of health effects studies, when combined with known and potential exposure situations, wtil show the seriousness of health effects associated with identified routes, levels, and durations 8f 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-39858-39879. ]u!y 0,1979) on the subject. EPA particularly requests comment with rcsoect tojhe nnalvsisTLmtjends to perform on the health risks of asbestos. Ideally, EPA would examine hnnlth risks presented throughout the commercial ssocialcd with identifiedTcvcls and~ . life cycle of asbestos associated with urations of human exposure to sUpstos; particular end products then analyze the substilutes for each of the end use tijiThe benefits, of various uses of "products to dctertninc if the risks sbestos and'ifieuvuiliibiiity olaractical presented arc unreasonable. Asbestos, ubstitules for these uses; and however, is contained in so many flpbTho reasonably uscertainablc products that itjvould be an conomic impacts of the rules on the impracticable, ifjrot impossible, task to ationul economyT small business, analyze ihe risks associated with each chnological innovation, the of the 2,000-1.000 uses, except for nvironment, and public health. The following sections discuss the icthod the Agency plans to use in irrying out these studies. certain distinct products which may present unique exposure situations. Furthermore, it fs not clcur that it is technically possible to trace the life isk Assessment EPA is examining the total risk to iman health from exposures to sbestos throughout the material's immerciul life cycle (i.e.. from mining id milling, through fabrication into oducls. to final use and ultimate sposal). The Agency is preparing an iscssmcnt of occupational and general ipulution risks from both new and isting exposure sources. The vestiguliun wilt bo based principally i available data concerning asbestos* . luted health effects and potential posure situations. HPA believes lhut_it_ ready has much data to suriiiorT Tamaking tinder TSCA. However, to sure that uir'refevnnt information is msidered. the Agency expects to__. oposi* a reoortinu rule under section ill of TSCA. The rule will require cycle risks for a particular product, since at the early stages, such us mining and milling, asbestos is undifferentiated mid may be used in arty number of different end products. _= . Accordingly, F.PA intends to analyze as a whole u 11 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 bo doscribedjhnt illustrate these stages. For certain situations, such us in some of the well studied asbestos workplaces, more precise estimates will be possible thanTTT other situations. This type of risk assessment would show that risks occur generally from exposure to asbestos, rather Bum from any particular product.because of the characteristics btJimt product. Tious sion to the Agency of any (published health and safety studies i asbestos. EPA requests comment on the general vaJiditv_of its risklasscssmciit approach* andTtSmiis-suggtffftions for'alfernalives -- --..... -j w >'<yi4u.mo u.Tftuc-iavcu wun a product-by-product approach. Some technical problems remain In making comparisons among the concentration* of asbestos that were measured by different sampling and analytical techniques. In particular, a comparison of work 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 ori~thc basis of the presenfor 7ulure availability of reasonable suhsjit.uigs.on a product or category ^pacific busis. or may be analyzed by a more general, representative' socioeconomic evaluation of proposed asbestos controls. The Agency's choice of economic analysis will depend on the choice of regulatory options, 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 wjlj address the following issuiy: (7) the Tiasic needier the product in the marketplace: (2) the performance capabilities of aubs.t4i1.ta3; (3) the present and anticipated availability. of substitutes; (4) the cost oTsubstitutes: > and (5) the health and environmental hazards associated vyilh substitutes. The evaluation of hazards from substilutes gencnilly will be limited to u qualitative analysis. The economic analysis will include an economic profile of.liui 0 iiniustryjind an examination of the potential impacts of any proposed controls. Key factors to be examined Include: (t) industry structure and concentration: (2) pricing: (3) production volume: (4) current employment: (5) energy consumption: (0) income distribution: (7) growth, profitability, am! capital availability; and (it) market segmentation. CHEV BB 010380 Regulatory Control Options determine which products and uses to Tbp Agency 1* considering Vho following regulatory approaches to prevent andreduce unreasonable healthy risks at all stages of tha asbestos life cy^ie." (Firs the Agency might promulgata projuUktion* on the manufucturc^ preceding. anduseof specific asbestos- containmg product* or product categories. The products or categories to be controlled would be determined on the basts o a category or product specific analysis of socioeconomic factors. Possible controls might include banning the manulaciute and use of eliminate. EPA wot !d still bn fissured of reduction tn asbestos use nnd cnvirenrnonlnl build-up. The disadvantage of this approach is that lhereTfjid~gunriTntne of eliminating_ productswHichipresent a particularly nigh risk'. For example, 1/ a product with "easily Tclcnsed fibers commands a relatively high price, it might remain in the marketplace much longer then if it was regulated specifically. Under theffiirc^ approach, the Agency might select acombination of the preceding approaches to take maximum, 'advantage ot their desirable features. The key differences between (EiTIwa asbestos-containing textiles, roofing approaches arc (Tj whether EPA or paper, or brake linings. - One disadvantage of this approach industry^determines which products are climinfffed. and (2) whether specific terns from asbestos fiber demand products or overall quantity of asbestos which reportedly exceeds current fibeis arc regulated. EPA may prefer to supplies. If this situation persists, fibers allow industry lo determine which orpinally destined for a banned proHuct , products to eliminate and how to might be transferred to increase altocntc available asbestos fibers. In reduction of unrestricted products, order (o provide this opportunity, the uch a transfer could offset the Agency may select production/itnport reduction in asbcstos-usc anticipated limits nsthc primary control option. under the product use ban. The situation Depending upon the outcome of would only change after a large number socioeconomic and substitute analyses. of asbestos-containing products and EPA might reduce the initially uses were banned. established ceiling limit annually by 5 to Another disadvantage of the specific `20 percent until an appropriate levclTs product restriction approach is that it leached where all remaining fiber use is could generate vo1 ominous exemption esscntial.Tn conjunction with the fcqucsts. AlihougK well defined productiog/impcirt rule. EPA might also exemption criteria could minimize the bun a fewrSelccted products to ensure number of requests, the demand on Ei'A speeciy elimiriiiiitio_of iTem's~or tises resources could be significant. Despite presenting particularly significant risk. these drawbacks. this option should still Possible candidates for ban include enable EPA to reduce and prevent many millboa rd.-jcornmcrcinl paper, and exposures associated with noncssentiaj certain frioTmn products. asbestos products. All regulations developed by the Under IhC'gecondNipproach. EPA Agency under any of these approaches could promulgate regulations spuing . will be designed to minimize adverse limits on the amount of asbestos mined impacts orTthc usbestos industry ..nd In the United States and imported asbestos users. To this end. the annually. Alternatively, the regulation development of implementation tTauld restrict the amount of asbestos schedules will allow for reasonable processed annually in the United States. trnnsitiunsTB substitutes and orderly The net risk reduction and prevention phase-ourbT asbestos processing from either alternative should be about equipment. ~ the same, in selecting between them. F.PA would consider such factors ns Phased Appnnirh of Analysis economic impacts and resources The. widespread use of asbestos neressnrv fur enforcement. Either makes evaluating substitutes, assessing' alternative within (his approach would ecunomic iTtTpaot. and examining other be supported by a general or factors necessary lo support regulation a representative socioeconomic analysis difficult mid lime consuming process. of the proposed asbestos controls, Therefore. Ibe Agency is cunilut ting, ..In essence, (he second approach regulatory a?ses_sivuuitiin it.syslnnjli.iu would establish a ceiling on (he amount manner uu 7T11 asbestos product of usbestos used in the United States. entryuriesbi This ceiling could he reduced gradually, The fullovdng product categories until it reaches aJrvel which-lhc. account forjhe major portion of Agency's socioeconomic analysis indicates is necessary for essential u.shesto.s-cnnlaining product! 3(jd.'.ises. This approach would allow industry lo asbestos usrd in 19Tfl: Paper products including cerTnirt roofing and flooring products, nfbuer flooring products, asbestos ctfWenl pipe, asbestos-cement sheet, friction products, plastics, packing and gasket*, coatings and compound*, insulation and IcxtdcsAOf these. F.PA has selected usbcstorTpaper products and automobile and light truck brake linings ns initial candidate* for analysis and possible ruhimaking. According to various estimates of asbestos use in 1979, paper products account for approximately 30-40 percent of the total asbestos consumption. Much of asbestos paper is used lo moke asbestos roofing products. Because of its versatility, however, asbestos paper has a wide variety of applications. These include asbestos paper, tubes, and tapes for electrical and thermal insulation: diaphragms forbrime electrolysis cells: corrugated paper sheets and blocks fcfr use in appliances and other applications; underlaymcnls for sheet vinyl flooring: gaskets: beverage filters; molten glass handling equipment; and general hest/fire-proofing components. Many of these uses have reasonable substitutes! For example, roofing felt can also be mnde with organic and fiberglass fibers nt less cost than asbestos fibers. The performance of' these materials is very similar to asbestos roofing felt. Friction products currently account for about 14 percent of total asbestos consumption. Brake linings constitute the largest single product within the friction product subcategory. Human exposure to asbestos emissions from brake .linings occurs not only'during processing (i.fiTM production of the brake linings), but also during use and servicing of brakes. Several nutumubile manufacturers arc already using nonnsbostos disc brake pads with plana to ultimately convert totally to nonnsbcslos pads. Nonasbestos shoes for drum brakes have been mare difficult tn develop but some manufacturers believe that they are near to developing a commercially acceptable substitute. Existing Sources of Asbestos Exposure Although risk associated with newly processed asbestos may be substantia). tlnTcnnunuing nggregate risk associated wi,Ut_e yjstiug utul p;tstjiaU;yipus?.(tUiy! In; equally anti possibly mure--^ jignificiiot. Unfortunately, reducing risks 'fruit! the hitler group is more complicated than reducing new risks because of difficulties in identifying nil the (elated exposure sources, the lack of feasible control options for.many sources, nnd the largo costs associated with removing and replacing existing HlUfttm. R. A.. A Miffral /V*ArW (f S. I Vtmftrt'ffil <\( iht* (ntrnof* Wmhtnjjftm. 1) C.~. July CHEV BB 010381 pruiluclK. Some existing in.bcsU>.s products, however, (ire inmmublc in evaluation anti control. For example, asbestos hns been widely used for insulation in schools and other buildings. In some of these buildings the insulation has deteriorated and fibers ure entering the air in the buildings. EPA pnx-csani STimporten of asbestos) subject to (lie rule. A rule migltl requite immediate submission of some Information wTiilt! let.rriuirg fhi: authority to retjiidsLplhcr specified information by fetter at arbiter date. The possible scope 'of" a scciiorT 8(a) rule is discussed in more detail in the issue section below. is currently investigating whether to require surveys of public schools for asbestos and appropriate control actions wherever exposure problems are Citizens Petition Under section 21 of TSCA. a citizen may petition EPA to initiate a identified. This action was announced in another ANPRM published in the Federal Register on September 20.1970 proceeding: for the issuance, amendment, or repeal of a rule under various provisions of the Act. On June. {U FR 54G715). 21.1979, the Agency received such a Other existing uses of asbestos will be petition requesting that a proceeding be examined where practicable during initiated tarestrict future use of subsequent stages of the asbestos asbestos-cement pipe in drinking water regulatory investigation. Possible supply systems. This request is candidates include all public buildings compatible with the Agency's plans, ns and merchant ships. - announced in this Notice, to initiate a Information Catharing under Section 8(a) of TSCA comprehensive investigation of commerciaLand industrial asbestos uses including ufUcstos-cement pipe. El'A is developing u section 0(a) rule The Administrator's response to the to help gather information needed for petition notes that the evaluation of this investigation. The information wili health effects information on risks be used to determine appropriate resulting from the ingestion of asbestos regulatory action under TSCA us well ns under other laws administered by F.PA and other Federal activities. EPA invites comments on the need for such a rule;, who should be subject to. or exempt from reporting: what information should be gathered under this authority: und how the section 8(aj rule should be designed. Under section 8(a). F.PA could require maintenance of records and reporting by persons who mine or mill asbestos, process asbestos (including making is not yet complete. It also states that the Agency has just begun gathering exposure utuTsacioeconoinic information on asbestos-cement products. Thus, it is not EPA's intent to include asbestos -cement pipe us a candidate for initial rulemaking. Nonetheless, because the Agency has initiated investigations to support a decision ontvhcther tn regulate asbestos-errnent pipe under TSCA. the Administratorgranted the petition. tribestos~cunTuihing products), and issues ___ import asbestos or asbestos-containing products. Insofar as the information is known to. or reasonably ascertainabie by those persons, the Agency could require reporting of information about any aspect prasbestos manufacture and processing. Possible reporting topics include the composition of asbestos- containing prududts, the uses uf each product, all existing data concerning environmental and health effects, the number of individuals exposed in workplaces, and the duration and extent of these exposures, and the manner and method of asbestos waste or product disposal. The section li(u) rule could be designed in several ways depending, in part, on the control xlrutegy selected by the Agency. A single rule might require.. qne liim: reporting of Information, while a scries ol rules might require phased ' reporting by uuliistry segments. Wilier type of rule could establish different repotting requirements fur the various groups or persons (i.u.. millers. Severn! issSes must be resolved during this nlbestos rulemaking process. EPA Invites comments on the following issues.and liny others which might be relevant. 1. Health Fdfects rtf Substitutes. To adequately assess substitutes for asbestos. KPA requests health, environmental and socioeconomic information afllsubstitufc materials. This 'information has two purposes: (!) it will allow an informed analysis of tin** health effects of lhc_suhstiltiles for comparison with the kiuivvfi hazards of (i.sbeslos. and (2) it wiilenablc a h.ihuu.ed considerutiorrof the environui'-nt.il. economic, antisocial impact of any action taken by the Agency. We are particularly concerned with materials, sacL as fibrous glass, that might have physical riunuusums and churaeteristidirvery similar to those of asbestos fibet.iT but differ only m chemical composition. KPA is aware uf relevant research, especially the stiulu-H by Stanton * ' `Pull * 10 and Others.11, 11 a ,v 11 These sHnhe* suggest that the length and width of fibers or the rntio of the width to the length may be more important than their chemical composition in determining carcinogenicity..-More specifically, current research findings suggest that |ibcr wUh diameters less than or equal. to 1,5 microns und lengths bctw;een_5 _ and GO microns are likely to have greujcr fibtuiicJiaxLcurcinus^njc potency than fibers failing outside these ranges. Consequently, we plan to adopt a policy that no na s be_s tci s ft be rs_wi 1 h physical dimensions.within these ranges are not _ hppropria|ejjJ&yuUiteVunlcss" Wwi' " appropriate testing indicates otherwise. Fibrous or other substitutes which do not present major health risks would be determined to be suitable. EPA solicits comments on this approach. 2. Scope of a Section 8(a) Rule. To develop regulations for asbestos sources, the Agency must gather and Sf.trUuo. M. F. latj nrtl M, "Thc'.t.arclmt^nmcity of Mirnui minoMlt.'* of ih* uii dcfuUtlnns rui mr.nurrmenM (ru^hmh* H<*M NHK, G^tlhrifthiint, Maryland. July !IV2?]* \VT7. National llursiy of Standards 5pcct.nl Publication Soft. Nuvcmitcr ltf7a* * Stanton, M. K. ''Stiuio ciuiiogtnd t uiunbn a tmm of filter ckn inogenntsa.* tn. Botfovhki I1. Cilnon | C- TimJmdlV Winner | C., iiutfrxicaf t'ffrcts n/ {.yon: ln(<*rnatlnnul Agency for Krv*ntdi on C.m cr (IAUC Scientific Publication number CJ. 197 j: paxci W-2M. * Stanton. M F,. tjijanj M. TctjefU A. Mdii'r FMa\ M Krnf R. **Curcm<rririly of fibroin pleural rrifmq** in th r( m rida'iun to M/cf dtman.iion." J N*t. Can Irtei 1D77. M. Putt K. Hulh K. FriodritLi K. H. *'KeuIU uf Animal remougcnetiu studirt often npphcwtioiH regarding human exposure.'* in NICiSH i)mpo.siu2rt on nc.rujmtlonai exposure to bbrmu uluts. Unixcrait) of Mur>lanJ. National Institute for OccupnU*ml Safety and Health. W77 (01 (KW pubhrnimn number {NKJSHJ (7fr-151J. * "Pott. F, Iluth F. KrnxJnckj K. H. "Tumoren tier motto mnnrh I p. in(r*ktmn von i:hry*r*tf und ln*r.o (n| pyrtm.'*. H Wofittor J. C, fJorry C. In folluwtn* (unocuintum with anl*u<M* nod mhnf mHionaK" U. Cm UHi; 23: p.tjp** Sd7-ai. H Wnuiutr C, lUtrry (3.. TunbrcU V. tn rnt5 oftnn inmmil.itnd with and othnr malnrtHU.'4 U. ). Cnn 1973: 23.* pnu*> i73-hi. * Wnjtncf J. C.. Derry G. Timl>reil V. "Mettiihriiuma m ra( ft>Ihnvttt>{ the intrapirurnl imtnntlntton of nuia^toi ** In 5hap(oll A . ed. /*nrunurnnnx.`i Pror'i'fiiitijr* of the uttctoalinnal ijirifeffnrn. Capa Town: Oxford i'reti, tU*0 put*'< 2HV-U). ** j. G.. ihrry Siminmrn J W. *`StuU*a of tl\n t uft mnr.MMt. Ik of jfiain of df* tlinrnwtnr* foUnw>n linrnplftiriij huv** o* latum in xitiMmU " to. MOMI trv jviMium on no.upulouuit flipt/Htiro tn f(hrtat viaat, Uouttrxilv "f Man h*ol 1*174 National buditnlo for (h t ojtalmnttl S#i(*MY ami Hanllh, | **/7. (11IM \V jmhliruttnn ntimtJ'T f.'flf )M ft 75* l M j. "`Smith. W. Moitart 1J U *' U* Uitrnplmif hI route n monrvx (or nivtti.t(in v Hrt'tio'tcono.tty In. Karlin K... fVri J. F . \n\% K^p^rtmenrof lun< ntnrnr Otrr >rij*nnnMN nnl na*i^v>yS. Nc*** Ynrk: Spfin|nr-Vnfiojt, 1974 pnyt*s 97-101. CHEV BB 010382  analyze a variety of information guidelines regulating wastewater `.concerning asbestos. Various EPA discharges of asbestos und a water ''proytr.vrn, offices have already quality criterion under the Federal accumulated a considerable amount of Water Pollution Control Act. 33 U.S.C data through prcvio'ua studies. These 1251. at. scqy as amended in 1372 and data will be used as much as possible. 1977. EPA is also considering additional t However, the Agency anticipates (hat it regulation of asbestos in drinking water will need additional data for regulatory under the Safe Drinking Wutcr Act.~42 decision-making. The additional data U.S.C 300f et scq. The Agency may also includes recent production, market, develop regulations for asbestos waste substitute, exposure and health effects management under Subtitle C of the information. The Agency hopes to Resource Conservation and Recovery- acquire some of this information through Act. 42 U.S.C. 0921 to 0931. submittals by industry and other . Under section 9 of TSCA. 15 U.S.C. knowledgeable people in response to 2808. the Administrator will consider this ANPRM. EPA has also specifically whether risks from ashestos exposure contracted for studies to review the could be reduced to a sufficient extent state-of-the-art knowledge anefto by actions taken by other agencies Jeveiop new environmental and under other Federal laws. The . economic data. s Administrator will also consider Insofar as these nonregulatory whether rules promulgated under other ' avenues (c.g.. this ANPRM. contractor ETA authorities could address the studies, and other informal information asbestos problems more effectively. To requests) do not provide, or are not maximize thexsffcctivcness of this likely to provide sufficient information, proposed rule, EPA is coordinating with the Agency will promulgate a section several agencies both directly and 8(a) rule. The issue at hand regards the_ through the Interagency Regulatory .pjjpropriajc sconcoTiBe"section 8(a) Kilc^Thc Agency "would like to minimize reporting burdens on industry. To this end. Ilie promulgation of such a rule and its potential content will be influenced Liaison Group^(IRl.C). These agencies include the Food and Drug Administration. Consumer Product Safety Commission. Department of Agriculture. Mine Safety and Health by-responses lo this ANPRM und informal Agency requests and by the nerd for confidential business ,Administration, and Occupational Safety and Health Administration. information or other data not likely to be provided on a voluntary basis. Public Participation The Agency plans to conduct this Relationship With Other Federal Laws investigation and rulemaking in As previously noted, a number of rules for controlling exposure to asbestos have been promulgated under several Federal laws. The Occupational Safety and Health Administration (OSHA) and the mining Safety and 1 lenlth Administration [MSliA) regulate workplace exposures, the Department of Transportation (DOT) egulates the commercial transport of isbeslos. the Food and Drug \iiministration (FDA) regulates the use jf asbestos by the food and drug ndustries. and the Consumer Product iafely-Commission (CPSC) regulates onsumer products containing asbestos. .PA hus established National Emission tumlnrds for 1 inzarduus Air Pollutants NKSJ lAP) for several asbestos sources mler the Chum Air Act 42 U.S.C. iUl ft scq.. and is considering, ddilbnml asbestos air emission undnreis. EPA is developing effluent compliance with the public participation section of the FR Notice entitled "EPA: Improving Regulation: Final Report Implementing EX). 12044" (44 KK 30938. May 29, 1979). Before and after publication of any notice of proposed nr final rulemakinjfin the Federal Register, EPA will identify and meet with public interest groups, industry, regional. Slate, and local governments und other interested groups to obtain their views on regulatory needs, the Agency's approach, and technical issues. Information exchange will be facilitated through various public participation mechanisms, including public mootings and public hearings at appropriate locations nround thc country. A financial compensation program for public participation will be available to applicants mooting eligibility criteria. The funds may be used for the cost incurred in commenting on proposed rules after puhliernion. A Notice of atuiuUnli inrluiJo<i cr(ln work pf to il rtv|iiinim,*iit* wim h ihfl Pliant Stule* Supramn lufl hi Aijumo r. Truin. IIS St. Cl. SOS (197S|. Availability of Grant Fuads will lie published in the Federal Register announcing the financial compensation uihI tu bn invalid. Thn Ctnnn Air Act wm mrntjby Cwuirw* in 1977 irvl 1978 la pruvid ETA th ttw authority lo preirritw *nd ontnre* work Mica iinndanJa. Thrw nuln-iloo UvncUrdi <r program, eligibility criteria, level of funding, and the procedures for applying for reimbursement tiK prumuittd |aia by U"A. 1 Public Record EPA has established a public record for this rulcmuking (docket number OTS 81003) which, along with a complete index, is avaiiable for inspection in the OTS Rending Roonrfram 9.00 a.m. to 4:30 p.m. on working days (Room 477, East Tower, 401 M Street. S.W., Washington. D.C,, 204G0). This record indudes basic information considered by the Agency in developing this ANI'RM. The Agency will supplement the record with additional information as it is received. Materials for incorporation in the public record include: ,1. This Notice. 2. All comments on this Advance Notice and the proposed rule. 3. Ail relevant support-documents and studies (including economic analyses performed for the purpose of defining small business ns prescribed by section 8(a)(3)). 4. Records of ail communications between EPA personnel and persons outside the Agency pertaining to the development of this rule. (This docs not include any inter- or intra-agency memoranda unless specifically noted in the index of the rulemaking record). 5. Minutes, summaries, or transcripts of tiny public meetings held to develop this rule. EPA will identify the completed rulemaking record on or before the date of promulgation of the regulation, as prescribed by section Hi(n]{3) of TSCA. mid will accept additional material, for inclusion in the record at any time between this Notice and such designation. The final rule will niso permit persons to point out any errors or omissions in the record. Questions and Information Needs To assist the Agency in gathering information for regulatory decisionmaking. F.PA invites comments on. and responses to, the questions and information requests that are listed here or are discussed elsewhere in this Nulicc.* QjJi'hc Agency solicits suggestions relating to the definbiott of .Severn! key. terms Identified below ns well as other teims members of the public consider *important to regulatory decision.making. * (IM'C. an Advuncf Nntw c of RuUmbiktiw tp**nn# U**hrff in ihn tiu<* of ih* ffidural unnounen projcMm to insrtihjbitf the \jnr nf ajljcitoi in rnnmmof prmhii I* A* pur! n/ lhn inx'tHgitlim, CJ'SC *i(t ioUi.ll information through \ttr\r\y of vpltmUry unil M'KtfUtofv To inilurp potontitfi reporting huuU-ru m mduitry, CPSC v*iU take into urGuurit riMporne to F.PA'i qocit-tnni whrn tmlnrmt fhc Con'inn.imfl t requetU (of information on the m# of A'Ueilot in consumer product* CHEV BB 010383 To the extent possible the Agency life cycle. Categories rnntnlnlng " - would like our definitions to conform to product* which F.17A believes mny full ' gcncraWy accepted usage. The terms to be defined include: (1) asbestos, {21 Into this classification are noted with an asterisk In the Appendix. Identification encapsulated fibers, (3) locked-fibcrs,' (4) of these products wa'i based not upon "easily released fibers, and (5) Iriabla, rials. . ` te Agency is requesting all blished data or estimates relating ~~ testing but upon generally available Information. The Agency is interested in determining life rigegraty-gfusing-*---' asbestos In these products, the Agincy to*mhuamtnauMn _ekxAowovsjuynreW aanimd two~human~-i-i-e---i-l-I,K,, r- e- q1ue- s- ts the followingtJ information on risks from exposure to asbestos during zreiKesaffiroctucta jind other asbestos- 'cantolnLng products: Manufuctuxraa ^ substlhits* atr partlcu\urly encouraged to submit information..? - s .- u:--. Tt,-; (a) What ub*tttu{o tubstnncca arw flt ; presently available ot currcnUy uruiarro ; development for ssbestos In paper* .-7:: products (including roofing felt* *nd > r floor underlaymaalsj, friction products,, flooring, plastic*, cement. sealant* *nd . other commercial and Industrial {.jtgt products? . ...... ' .~*i pi. mining. manufacturing. processing, use, coplaining products.' and disposal for all asbestos p' roducts t/(oj Oo these products contain Including the following product y categories: ajbestos7 (b) What ts the purpose of asbestos in (a) Asbestos paper, including roofing the product what Is the asbestos and iloor underlayments; ' content by percent of total composition (b) Friction products: ' ' and weight: and what is the asbestos , .' (c) Asbestos cement sheet:. ^ fiber typeLsize and shape? (d) Asbestos cement pipe: '! (c) What are the figures for annual (e) Textiles: /- . *{ ' 0 _ productiorfand sales of the product, and (b) What substlluls products are " .;1 presently *vailable or currently under., ' development for asbesta-canuinlng. products in the categoric* described.;,,,, ' above? - . ` . - (c) What are the performance characteristics of these substitute ' substances and products as compared to sabestus containing pruducts? (d) What unpublished data are'.'' . . (f) Flooring; " * ' the annuai amounts of asbestos used in available regarding human exposure to, Gaskets and packings: TPaints. coutlngs and sealants: each product? / (d) What is the value of the product (i) Asbestos-reinforced plastics. v and the cost of the asbestos used In that The information submittals should Include data on exposure of both product? (e) Whn ([exposures ar# expected workers and people near mining. during thellianufacturc of the osboatos- manufacturing n n4 processing facilities 1 containinf'pfoduct: and what are the Where data might be^xtensive. covering several years, many work t expected exposures associated with each use? {Rate of fiber release, stations or many sampling points, frequency, duration, population summaries which include appropriate 1 exposed, arid conditions of use.) statistical anulysis would be sufficient. {Q What point source and nun-point Data of interest include present and ( source discharges of asbestos to water future qsiiniale*-of: ta^.a'fc associated with the processing of (n) The number of people exposed; asbestos fibers, manufacture and use of (b) The routes, duration and frequency asbestos-edntuining products (c.g.. of exposure: quantity, concentration)? (c) The intensity of exposure [fiber (g) What-amounts and types of concentration preferred); asbestr. a-cofilnining wastes are (d) Fiber si2e distributions; (.generated jn~connecton with (o) Fiber types: i manufacture of the product: nnd what (f) Relative and attributable risk methods and sites of storage, treatment estimates for all cancers of specific and disposal are currently used for organs and nonncoplaslic respiratory those wastes? diseases; (h) What arc the product life, and (g) Variations in risk by age, sex. e.mxSpoki,nJj,..lar,wU'.,rduraiio,,n<al nd .Infuronmully ot ?1 e*x*pe?cted" removal and "disIpTMosal <" , and health effects of substitutes for. . ' asbestos-containing products? ` ''ji* j {e) What is the price differential , " J between asbestos or asbestos- f containing products and their ......." substitutes? ' '* (f) How long will It take to convert to production and use of alternatives? ' ' Pirrise comment on a product-specific or product category-specific busts. (g) To what extent can present makers of usbestos-containing products change to substitute materials? Can this ; conversion be accomplished using existing asbestos production facilities? What will the cost of the changeover be in terms of capital and opercUing costs? (h) If existing facilities cannot ba used once substitutes replace asbestos, will new facilities be built by existing asbestos processing companies, by other companies, or by some combination of these? (i) What effects might regulation of asbestos have on industrial innovation a^i'ifUroduction of new products? VA^What categories or individual onset of exposure: and (h) Tcchnicut controls currently used to monitor and control exposures to asbestos at the plant site. r!^3u3cd on preliminary information, a Ifjrof asbestos-containing commercial and industrial product categories is presented in the Appendix to this Notice. Tile extent oflnimnfl Prl`"r'' asbestos"' fliicrg frTTm IheSI' products . depends on many factors including the releusability of the fibers, the duration of the exposures, and the size of the population exposed throughout various parts of the life cycle of asbestos in the product. Products which relensc asbestos fibers during normal use. Installation, maintenance, removal, or plausible mishandling are of particular concern during the use legm'ent of the e Agency is requesting the ing ffiformation regarding the ?u | prSaucts and uses containing asbestos . do not present a health hazard to users? duatry sn-uefuriv?^ 11 ii (n) WFiutarc the current trends in the Vlint asbestos-containing' tj use of asbestos and asbestos-containing irt+m/idual products or categories might products? __ be considered essential because of , (b) is tliB-lnnrkot stable? (c| Whal_si?.e nnd type of industry is most likely to be affected by regulation significant benefits arid/or ltu-kLof reasonable substitutes? What are the specific benefits and cosla nnd how of iisbcstosTiuder TSCA? (d) What affects on Industry structure sUfft^il they be weighed? 03-7" die stiite-of-thn-nrt for asbestos would be anticipated from regulation Tft&rrtifictilion and quantification (phase under TSCA? (c) W'luiCcffectfl on employment can be anlicipiiTrfd from asbestos regulation contrast nr electron microscopy) analytically adequate and economically feasible to establish numerical ,r TSCA?_______ he Agency is requesting the standards for fiber release. and exposure resulting from the pruductlan of wing igTormaiion regarding ubslitutusjur asbestos nnd nsbnslos- nsbestos-contninlng products, their use and disposal? Can airborne fiber levela CHEV BB 010384 be measured al 10* fibcrs/m*. Hi' uucrs/ `m* 10* fibcra/m1, or 10* fibers/m*. and can waterborne Tiber levels be measured at 10* fibcri/Uter, IQ* fibers /liter, 10* fibon/lller, 10*fibcn/llter or 10'fiber*/ lltcr7 Should the level be expresaed a* total fibers or a* fiber* greater than a . pccificd length or aspect ratio? Are other parameters more appropriate {e.g,, total mass re!ea*e,'elc.)? * * unpublished daU are '";1' ' I aWnabie regarding ambient levels or asbestos in air and water and asbestos exposure from various noncommercial asbestos sources such ns drinking water supplies and naturally occurring ` asbestiform rock? '. S^C^iEPA and CPSC Intend to share Information received In support of their respective asbestos regulatory "*)' " *` . Investigations. However, in view of ' potential statutory conflict regarding treatment of confidential business information, how should the agencies treat data far which a company claims confidentiality? , - Authority: Sec*. S and 8 of the Toxic Substances Control Act (TSCA) (90 Ut. 2003; ISm Ut.S**.C**. 2601*). * I' 1111*.' !') Dated: October 10.1979. t > _Dougl* M. Costle, .1: Administrator.,. * ?> ,rr APPENDIX A. Automotive Repair 1. Mufflers ' 2. Brake linings * 3. Clutch facings * *' : 4. Custom auto body filler * 5. MetaJ deadener * ; ' : B. Household Materials 't .. I 1. Appliance wiring * 2. Counter surfaces * ' 3. Electrical cord * 4. Filler for shoe soles * ` , if* 5. Floor tile * 8.Hair dryers * .. 7.1 lent protective mat* * 8. troningboard pads and covert * ' 9. Lamp mantle* * 10. Lamp sockers * . 11. Putters' kilns * . 12. Slow ccckcri * 13, Toasters* '.i(1| C Safety Equipment " '. 1. Apron* * 2. Arm protectors * 3. Blankets * 4. Boot* * 3. Caps * 8. Clothing * 7. Curtain* * 8. Draperies * 9. Claves 10. Hats * * , ( . ... i -" J... * Imlicstes Ihst products within lh le*o<y potentUlly contain easily releaaable fibers. Note.--Net sit of the products In each Identified oslejocy sns believed to contain asbestos. ' 11. I tetmeti * t\*'f V si ** 12. Hood* ' 13. Mittens * 14. Overgaiter* 13. Sleeve* * 18. Suit* * ' ` 1 i r; . 17. Umbrellas * * *, -- ** *v, I 1 D. Recreational Activity 1. Aerial distress flares * . * ' . 2. AmmuntTian shell wadding * 3. Cauiytic healer mantles *,. 4. Tent groWSU * / . * 5. TV sets and projector equipment E. Home Building Repairs 1 .' 1. Latex paint* * * .- ;-t w 'il.. 2. Texture paint* * F. Commercial Application* \' t. Aiuminixed cloth ~ * 2. Bags * -- I - :. *<i' v . 3. Bearing* *. ` ' ; ' ). 4. Belting ` A ) : : s '5. Block* * ........ 8. Board* '__ . *, 7. Braid * ^ '` 8. Buffing and polishing compounds 9. Cloth * 10. Cord * ~ 11. Diaphragm* * * * *v* ' 12. Drier felt * ' 13. Drilling fluid* * 14. Fabric*' 15. Felt * -- 18. Filtering material* * t 17. Metailic'dloth * 18. Millboard * 19. Paper * -- 20. Pipe and boiler covers * 21. Pottery ciny * 22. Plywood patch * 23. Sheet flooring * 24. Table tops * 23. Tape * 20. Textiles * 27. Welding electrodes * G. Asbestos Cement Products 1. A/C air duct * 2. A/C pipe' 3. A/C sheet * 4. Baking sheets * 5. Cement boards * 8. Clapboord 4 7iRoofingJ 5. ishirtglcs * = 9. Siding * . 10. Tile * H. Molded Products I. Gun grips'^ 2. Filler anti reinforcement In plastic * 3. Pond liners-" 4. Phenolic lumlnolei 5. Resins 3 8. Rheostat bscking I. Roofing Materials I, AluminunTFSof coaling V1 Roof patch i. Roofing (rlTs * 4. Roof preservallve J. Sealants and Mastics for Consumer ana Commercial Use * 1. A/C pipe foint sealant 2. Adhesives 3. Caulking compound* and putty * . 4. Fumance cement .... 5. Ctazing compound ( 8. Radiator sealant ` `` * 7. Varnish* ' ` ,.. ( ,u * int Ooc. rs-Wtnt Filed 10.1S.rt; LU ><a| '*''* r' ee.uNO coe* ssso-ailu # I'm-. i * " r. ' 3`'ll T.'. ..' - z . s*Mi`:,.i t.vf`.ta i t . . it'i i;ftt '.i.l.>t:n i ^ ;/ c-.trr g i; i-Tt...'e r-'IS ii < " (. f."ii^s I'.v.-;.Hff JO! * `Ift-tlltU rt-n tj . i' . ist-j 1 y.I.. ,*-..Ju ' . * tti.*/' m r .rf* rn t ** * .* ..U ; 'Air/ :! '.v:i * .*. :\ 1A *' *. '* t `.r . i- * -sA:-*2. ; '* *; ..? ;>\i* t <v"!' f* . . ,. : ; u'r) If*i.*.-.es .. . - v/ ,f>J.; d.V #*',**.?*!* ,*\\ x i **r l **V `r* rt. i- : . i i r.'v * BB 010385 | in me case ot a request filed under _ ph (i)(l)(i) of 'ilia section, where ibnnafion given In the Statement sunt is incorrect or incomplete, quest must clearly identify the ous or incomplete information [provide the correct or additional 'nation: in tfiis paragraph sfiaU be considered to relieve cable systems from their full obligations under title 17 of the United Slates Code, and the filing of a correction or supplemental payment shall have only such effect as' may be attributed to it by a court of competent jurisdiction. | In the case of a request filed under r iph (i](l](ii) of this section, where oysity fee was miscalculated and ^jnount deposited in the Copyright ft* was either too high or too low, Inquest must be accompanied by an (17 U.S.C. 111. 702. 708) Dated: December 10,1979. Barbara Ringer, :-- Register af Copyrights. Approved: spirit under the official seal of any Daniel J. Boorstin. per authorized to administer oaths The Librarian ofCongress. giia the United States, or a statement fccordance with section 1748 of title |FR Doc. 79-33439 Filed U-I4-79: 43 .m| BIUJNC cooe 1410-33-44 afthe United States Code, made and ed in accordance with paragraph [14] of this section. The affidavit or ENVIRONMENTAL PROTECTION lament shall describe the reasons AGENCY __ ' 1 the royalty fee was improperly oilated and include a detailed 40 CFR Part 763 [lysis of the proper royalty filiations; [OPTS-81005A; FRL 1377-5] In the case of a request filed under Commercial and Industrial Use of agraph (i)(l)(iii) of this section, the Asbestos Fibers; Extension of jest shall be identified as Comment Period and Announcement ansitionai and Supplemental Royalty of Additional Control Option Payment" and include a detailed lysis of the proper royalty rotations; v](A) All requests filed under this igraph (i) (except those filed under igraph (l](iii) of this paragraph] must iccompanied by a filing fee in the >unt of $15 for each Statement of ount involved. Payment of this fee agency: Office of Pesticides and Toxic . Substances, Environmental Protection Agency (EPA, or the Agency). action: Extension'of Comment Period for Advance Notice of Proposed Rulemaking (ANPRM) and Announcement of Additional Control ' Option. be in the form of a personal or pany check, or of a certified check, lier's check or money order, payable tegister of Copyrights. No request be processed until the appropriate g fees are received. !) All requests that supplement ilty fee payment be received for 3sit under this paragraph (i], must be impanied by a remittance in the full unt of such fee. Payment of the ilemental royalty fee must be in the i of a certified check, cashier's check roney order, payable to: Register of yrights. No such request will be rossed until acceptable remittance in roll amount of the supplemental ilty feu has been received. ) All requests submitted under this graph (i] must be signed by the e system owner named in the emcnt of Account, or the duly orized agent of the owner, in irdance with paragraph (e}(14) of section. ) Following final processing, all ,ests submitted under this paragraph 'ill be filed with the original ement of Account in the records of Copyright Office. Nothing contained summary: EPA extends the comment period on the Commercial and Industrial Use of Asbestos Fiber ANPRM to February to February 10,1980, The extension is granted to accommodate industry requests and to provide additional time to comment on the ANPRM. The Agency also announces an additional control option under consideration. DATE: All comments should be received by the Record Clerk by February 18, 1980. r address: AH comments should be sent to Mrs. Joni T. Repssch, Record Clerk, Office of Pesticides and Toxic Substances (TS-793), U.S. Environmental Protection Agency, 401 M Street. SW., Washington, D.C. 20460. Comments should include the docket number OPTS-61005A. Comments received on this Notice will be available for reviewing and copying from 9:00 a.m. to 4:30 p.m., Monday through Friday, excluding holidays.in Room 447 East Tower, EPA Headquarters, 401 M Street, SW., Washington, D.C. FOR FURTHER INFORMATION CONTACT. Industry Assistance Office, Office of Pesticides and Toxic Substances (TS799), Environmental Protection Agency, 401M Street, SW., Washington. D.C. 20460, Phone: 800-124-9085 (In Washington, D.C., call 544-1404), SUPPLEMENTARY INFORMATION: On October 17,1979 (44 FR 60061), EPA issued an ANPRM on the Commercial and Industrial U3e of Asbestos Fibers, The comment period expires December 17.1979. EPA has received requests from the Asbestos Information Association/ North America, Johns-Manville Corporation, Armstrong Cork Company, the American Paper Institute, Inc., the National Electrical Manufacturers Association, the Resilient Floor Covering Institute, and the Asbestos Cement Pipe Producers Association for extension of the comment period bn the asbestos use ANPRM. The extension . requests range from 30 to 120 days. Industry representatives are seeking these extensions because they believe that the information requested by EPA is . complex, extensive, and not readily available. _ EPA has developed an additional regulatory control option since publication of the ANPRM. The comment period deadline has been extended to February 18,1980, to ------ provide more time for industry to produce the information requested and also to allow for public review of the additional regulatory control option. Submission of information during the ANPRM comment period will insure that the Agency will consider that information in proposing the asbestos regulation. In proposing a rule, however, EPA will consider all relevant information to the extent possible, even * : if that information is submitted after the close of the comment period. ' Should EPA'a evaluation of taimaa. jHl&isf health risks and economic impacts' itSsT determine that all but essential uses of' asbestos present unreasonable risk; im possible regulatory strategy may be tc ban the manufacture, processing,"'5*''^ distribution in commerce, and Impoirtqf^ asbestos for all nonessential asbestos uses at some fixed date in the future. . .j- EPA is seeking comment on this overall (w'Sk regulatory approach and on an ' appropriate date for instituting a generaFsi use ban. Effective dates presently under evaluation range from 1985 to 1995. EPA anticipates providing an opportunity for essential use exemptions should a total asbestos ban be instituted. The exemption criteria may be based on factors such as established benefits, limited public health risks,, commercial availability of substitutes, and-stgmficant economic impact if the use is banned. Persons seeking BB 010386 exemptions would be asked to submit the following types of information with their exemption applications: (a) The asbestos use or product's contribution to . public health, safety, and energy . conservation: (b) Fiber emissions and human exposure during processing, ormai use, and disposal; (c) Availability, performance , characteristics, and relative health risks of substitutes: (d) Contribution of the v asbestos product or use to local or ; national economy and small business; ' (a) Test data on emissions associated with the asbestos use and; (f) Data on : substitute investigations. There are also a variety of ways to j-Jf;^process exemptions. In a single step exemption process, ail requests for 55^ exemptions would be received at one time immediately prior to the ban's ' ^.effective date. In a multiple step ^'process, persons seeking an exemption ^gSwould submit their requests four or five years before the ban becomes effective. i&3a> would screen these applications for |p[ award of conditional exemptions. Persons holding conditional exemptions could request actual exemptions ^-.immediately before the ban is implemented, assuming reasonable substitutes were stiil unavilable or the f- ^economic impact of transition was still f'* excessive. EPA would grant the essential use exemptions for some specified time, perhaps two to four years. These - exemptions would have to be renewed upon expiration. Ail other uses would be prohibited. EPA's preliminary analysis indicates that a multiple step exemption process may be more appropriate since it would encourage substitute research, streamline the actual exemption process, and provide an early indication for those companies that will not continue producing asbestos products at the time of the ban. EPA i3 seeking comments on appropriate exemption criteria and procedures should a ban on ail nonessential asbestos uses be established. Industry is expected to continue to process asbestos fibers and. produce many asbestos-containing products from now through the time an asbestos ban is implemented. These uses and.articles will present continued exposure risks to users for many years. To eliminate some of this risk, EPA is considering a labeling requirement an all future asbestos fiber packaging and asbestoscontaining articles. The labels would provice information on asbestos content, form, and associated health risks. The labels would also warn users to avoid exposure to fibers wherever possible. -----EPA also anticipates that information beyond that supplied in response to the ANPRM will be needed to support Agency rulemaking and exemption decisions. This information would help EPA evaluate present exposure to asbesto3,.potentiaI impacts on industry, the development of substitute materials, and the health risks from substitutes. Therefore, EPA may promulgate reporting rules under Section 8(a) and 8(d) of the Toxic Substances Control Act (TSCA). EPA is seeking comments on the appropriate scope of the reporting rules, who should report, and the schedule for reporting this information. EPA would consider sponsoring or initiating a program to help determine the technical acceptability of substitutes. This program and the reporting rules would help ensure continuing research efforts and track industry progress toward commercially acceptable nonasbestos substitutes. Dated: December 11,1979. Edwin H. Clark II, for public inspection beginning approximately two weeks after publication, in Room 5220 of the Department's offices at 330 C Stn: S.W., Washington, D.C. on Moncla through Friday of each week, from a.m. to 5:00 p.m. (202) 245-0365. FOR FURTHER INFORMATION CONTA' Tony Culotta, (301) 594-4272. SUPPLEMENTARY INFORMATION: On March 18,1974, regulations were published in the Federal Register (.' 10204), which were amended on November 29,1878 (43 FR 55936). designating 28 PSRO areas within California. The purpose of this pres proposal is to redesignate PSRO art so that the cities and postal zones o Angeies County previously designa as PSRO Ares XIX are transferred t PSRO Area XXIII which consists of group of cities in Los Angeles Count Redesignation of Area XXIII Acting Assistant A dministratacfoc Pesticides Guidelines for the redesigns tion u and Toxic Substances. PSRO areas (42 CFR 460.2) provide t |KR Hoc. 7-38fta piled 12-14-79: MS m| we may revise area designations wh biujhg cooe sso-ai-u we determine it is necessary and tha we may consider the coordination w DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE existing health service areas and the coordination with Medicare/Medica: fiscal agents in our redesignation HealtTi Care Financing Administration decisions. The local health service ar cavers all of Los Angeies County. 42 CFR Part 460 Therefore, any consolidation of PSRC areas within Los Angeles County Professional Standards Review; Redesignstion of PSRO Areas in California AGENCY: Health Care Financing Administration (HCFA), HEW. action: Proposed rule. diminishes problems of coordination, 'data sharing and other health plannir. efforts for the Los Angeles County, health service area. The Medicare/ Medicaid fiscal agents covering the L<. Angeles County area currently must relate to eight different PSRO areas summary: This proposed rule would redesignate PSRO areas in California in order to combine PSRO Areas XIX and XXIII. The redesignation will result in a more effective coordination with Medicafe/Medicaid fiscal agents and in a higher degree of congruence with the HealthJService Area (HSA) designajions. In addition, the redesigRation will facilitate initiation of PSRO activity in the currently uncovered area of Los Angeles, California which is now designated as Area XIX. oates: Consideration will be given to written comments or suggestions received on or before February 15,1980. addresses: Address comments to: Administrator, Health Care Financing Administration, Department of Health, Education, and Welfare, P.O. Box 17082, Baltimore; Maryland 21235. In resulting in considerable duplication r effort. This is particularly true since there is considerable overlap of medic practice patterns and service areas across PSRO area boundaries. Any consolidation would result in more efficient coordination for these fiscal agents. Area XIX has never had a condition: PSRO and the contract with the planning organization which had forme in the area expired on March 30, 1979, - there is currently-no PSRCLin AreaXlX The redesignation would facilitate the administering of the PSRO program by allowing the PSRO organization in Aren XXIII to assume responsibility for the hospitals in the currently designated Area XIX where no PSRO exists, and the Area XXII! PSRO would be capable of rapidly implementing PSRO activity in these hospitals. . ; Clarification of Permanent Boundar,"1 commenting, please refer to File Code of Area XXIII Areas XVIII through XXV-. HSQ-67^P. Comments will be available are designated by city, community, acd; CHEV BB 010387