Document QJ2ODMo02RxY1ybmRE5ZE42qL

OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION UNITED STATES DEPARTMENT OF LABOR NOTICE OF PROPOSED RULE MAKING T ' OCCUPATIONAL EXPOSURE TO ASBESTOS 29 CFR Part 1910 ' Fed. Reg., Vol. 40, No. 197, Oct.9, 1975 / ASBESTOS INDUSTRY RESPONS E CAPCO JEN 0009923 INTRODUCTION =./,~-.x.:rj ..On. October 3 /.,.;i975....the: Occupational Safety..and .Health . ->DapAdminis tration- of:.-.the- Department. of Labor.-proposed. a -.revision1 ctr.c it?-s*to-.its regulation. Occupational Exposure-to Asbestos,- 29 CFR - rrlPart:; 19101- . On: December:. riy.::l9 7.5. the 'Board :of 'Directors.of :.theX ; Asbestos Information Association/North America.(hereinafter AIA) tv7s.yo.ted.-. to:, sppnsor an.asbestos industry-response.-to. the proposal __.and created a .task, force for that purpose, naming.the under-., ___ - signed as-Chairman. -The Task Force enlisted the .support of the..- =:. membership of AIA/NA and invited non-member companies and trade '^association to! join in the endeavor. The result of that effort- irrcis' this::statement; made' on'behalf of the companies'.-and trade A5.associations:;listed'as:.endorsing firms, .and .organizations- . --.-.ts-..-,- The statement was prepared-in this manner: 1. Dr. Hans Weill, Profesor of Medicine, Tulane University School of Medicine and medical consultatnt to AIA/NA, reviewed : recent literature pertaining to asbestos and health, consulted .with other qualified experts both in the United States and abroad, and prepared a 'paper, attached hereto and marked "Exhibit A," which-summarizes the present state of knowledge concerning asbestos disease, giving particular attention to those papers cited in the OSHA proposed regulation. 2. Roy F; Weston, Inc., an independent consulting engineering firm of West Chester, Pennsylvania, conducted a survey of the United States asbestos industry' to ascertain the technological and economic feasibility of the -proposed regulation and its-economic CAPCO JEN 0009924 -2- impact. The Weston report is attached hereto and marked "Exhibit B." * ----3.-The.Standards and.Technical Committ.ee of the AIA/NA. reviewed in detail the OSHA proposed regulation for the purpose 'of recommending to the .Task Force Chairman specific., changes in._ the ^regulations which appropriately might be suggested. ' Summary of Findings *' The' Task Force has reviewed the reports of Dr. Weill and Roy F'. Weston, .Inc. and from those reports has drawn certain con clusions. Medical Report .. ' ~ ** ......................... - *v * * * .Although the volume.of epidemiological data available for 'Statistical analysis in 1976 is greater than that available -in- - 1972-, the conclusions which reasonably may be drawn from those data are not significantly different from conclusions which were, or could have been, drawn in 1972. " Then, as now, qualified experts Would conclude that:' . / * .. .1. Asbestos, when inhaled, causes fibrosis Casbestosis). `2. Asbestos, when inhaled, is associated with the develop ment of malignant tumors of the bronchial system and lung and with mesothelioma, (in other words, asbestos is a carcinogen). Few, in any students of the subject would disagree with . the conclusion that there is a dose-response relationship be tween exposure to airborne asbestos and the development of as- bestosis. There also is a substantial body of expert opinion CAPCO JEN 0009925 - s_ which supports the premise chat there is a dose-response re- , . lationship between ^exppsure to most, if not ail, carcinogens ... the development-of cancer.-..There is no reason -;to 'believe, < i^rp.m..the; dat.a.5' available fco usr~---that asbestos is- `art `exception ;te> ^ generality;, although-; - at- this time"; no -one 'definitively1' '"' * ;csus.sjj-y--:n. .say,., at:.what,,exposure '4evel-.asbestos'`becomes ic'ahcef::'hazard*':-`' - to man. " " --`T'K" > I.t.-;should.- be,- emphasized., -..that ,. so--far as we`?kn6w;'---'no 'credible ;... ,i. t.. iclemiological studies have been published which -would suggest - ' excess ot malignant tumors, among'persons expo'sed to no more " than 2 asbestos fibers per cc of air (TWA), using the prescribed i r- -~ c- membrane filter test-method'. This is-a fact simply because there '.;:-3';have ^ yet--been'identified- for study no ^populations-the exposiirdr"`" V. -ir ..... '..-iR..ejcper-ience-..qf which, consistently has 'been -as low^a's 2 fibers'. ''- Since all populations studied -to date have been exposed tosub- stantially higher concentrations of airborne asbestos, we can con- - elude only that an excess of all types of asbestos disease is associated, with levels of exposure" significantly higher than- . the level currently mandated to become effective on July 1, 1976. Feasibility/Economics Report. .' .' -For convenience, the Weston study has divided.the U.S. asbestos industry into three sectors or segments: - (a) "primary" ~ employers who receive, store, handle . . and process raw asbestos fiber, (b) "secondary" - employers who receive, stofre-, handle and process products or materials containing asbestos, and (c) "consumers" ~ employers who use products or materials containing asbestos. . CAPCO JEN 0009926 4 /r.fK-j-h4\'0Ur' study1 of 'feas'i'blity' and economics has `been- severely handicapped'by the short'period' of time within which it had * . *'to* be completed}*' Data obtained to date are sufficient to draw. . ..... ^supportable* conclusions- within the .primary sector -of-the- industry,. * but they are insufficient to draw supportable conclusions within V " the*secondary or'consumer'sectors.' And since the' secondary and ' consumer sectors constitute an important part of the total market served by .the primary "sector, deficiencies in the secondary- "'* and 'consumer' data make if-'"impossible to draw adequate con- -c. . - '^elusions concerning the-impact of the 'proposed regulation upon . ... i-'the -markets .for. primary products.- .... . with .these seribus*:limitations in. mind, it :is .-possible at ... . ; ^ .fi-th'is time-' to `draw - from the Weston report the following con- . "elusions (qualified where indicated): ; ' 1. -Of the dust counts obtained from the primary segment of the industry, less than 50% were at or below two fibers per cc ' (TWA) while more than 50% were above that level. *- 21- Using best available* technblogy (hereinafter BAT), within ' `.three to five years, the-"primary sector can meet a 2-fibers per cc (TWA) standard, emergencies excepted* '3. The cost of installing BAT in the primary sector will be substantial, but we believe that it can be financed with tolerable impact upon the selling prices of the products of the primary producers. ' ' 4.'Although an airborne concentration of 0.5 'fiber per cc <* %* (TWA) can be achieved at'some process steps; a uniform, across- the-board standard of 0.5 fiber per cc (TWA) is technically CAPCO JEN 0009927 -5- feasible neither for the primary sector as a whole, nor for any industry category within the primary sector. .(Since BAT ^has-been widely adopted-among representative primary, sector, manur;.'.. .`-facturers ... in the United iStates and -abroad,. it.JLs. ,a .fact .that, .t..; a 0.5 fiber per cc (TWA) level cannot be. achieved.) ...... . .. .. ' 5. The secondary and consumer sectors of the asbdstos .... . .industry, are more important than the primary in that they in- ' -volve a greater number of business enterprises, a.greater number of employees, and a larger aggregate dollar volume of sales; and those sectors are characterized by a large number of- small -businesses with modest capital bases. (Conclusion tentative- -data inadequate or incomplete.) ._ i. 6. The secondary and consumer sectors of the industry are operating within a wide range of airborne fiber'concentration level's, some well in excess' of 2 fibers per cc (TWA). (Conclusion tentative - data inadequate or incomplete.) . . 7. Because of the job .shop nature of many secondary and consumer sector,businesses ( a variety of products having a. 'variety of configurations being fabricated at many different. -. locations within the shop), a 2 fibers per cc (TWA) standard may not be technically feasible for all secondary and consumer category employers. (Conclusion tentative - data inadequate or incomplete.) . , 8. BAT has not yet been defined for.the secondary and consumer sectors, and it may well be found to be more expensive than BAT for the primary sector. (Conclusion tentative - - data . inadequate or incomplete.) - CAPCO JEN onnoQoo -6- 9. Because BAT in the secondary and consumer sectors may be'markedly'different.'in character from that in the primary sector, ' andi''tberef6r6,-may be mote "costly; and because the cost of engineering - Controls typica-liy does-not-ratably decrease with every reduction. in ; ,,-V. the size or. capacity of an installation;`it is quite likely that BAT ' wili not be'economically'feasible for many small and intermittent users of asbestos products within the secondary and consumer segments of the industry* (Conclusion tentative - data inadequate or in complete .) . /. . 10. Because a uniform 0.5 fiber per cc (TWA) standard is not technically feasible for the primary sector and because, in 'many process steps, employers in the secondary and consumer sectors will'have to iise the .same technology-as the primary, producers, or may even have Ho apply more'difficult technologies; it is reasonable. ; to assume that a uniform 0.5 fiber per cc (TWA) standard is not technically feasible for the secondary and consumer sectors. (Conclusion tentative - data inadequate or incomplete-.) * ' 11. The adoption of a 0.5 fiber per cc (TWA) standard and its application to the secondary and consumer segments of the industry probably would 'force many of these employers out of business, or at least would force them to' abandon the use of products containing asbestos, with severe economic impact upon their suppliers, the . primary producers. (Conclusion tentative - data inadequate and incomplete.) 12. The enforcement, without suitable, exceptions, of the July 1, 1976 2 fibers per cc (TWA) standard within the secondary and con sumer segments of the industry might force many of these employers out of business, or at least might force them to abandon the use of products containing asbestos, witn serious economic impact upon somo of i-hoir' CAPCO JEN onnoo -7- i.suppliersthe primary producers. (Conclusion tentative data ^inadequate or incomplete.) .a. vc. <? ......... ir.-i ..13 i Because the; capital cost of engineering' controls* ' *"* is high; the- enforcement, without suitable exceptions', of the .July 1, 1976. 2fibers per cc (TWA) standard within the secondary"-" and consumer sectors of the industry probably would result in a -transfer of many of the functions now' being performed by smaller factors within those sectors, to larger factors within the sector or .to .primary.producers, the-result being-an undesirable trend toward concentration within the asbestos industry.(Conclusion tentative data inadequate or incomplete.) ... 145. Since two-thirds or. more of-the asbestos`fiber tonnage" -consumed in the U.S. asbestos manufacturing industry is destined for the building construction market, a reasonable and appropriate projection of the economic impact upon asbestos manufacturers of the Occupational Safety and Health Administration's regulation of the asbestos hazard cannot be made until.after the proposed con struction industry regulation has been published and its impact measured. '' Discussion -^ The record shows that the proceedings which led to the . . adoption in 1972 of the current asbestos regulation.were replete with references to the cancer hazards of asbestos." The introduction to the regulation itself makes clear the fact that the selection of CAPCO JEN onno^" -8- ' the 2 fiber per cc (TWA) exposure'standard was governed primarily by a concern for the.cancer hazard, and particularly by a con cern for the risk of mesothelioma. It cannot today truthfully 'be said that the carcinogenic character of asbestos ** . is a recent discovery, occurring after the present regulation' was adopted. And it is most important to note that, since. 1972 when the current 2 fibers per cc(TWA) permanent standard was promulgated, there has been no new evidence presented , concerning either asbestosis or cancer, from which it may be con-- eluded that that mandated exposure level is not safe. There is, in fact, no medical justification for a reduction in the July 1, 1976 exposure standard. * . - With verification' still required in the' seepndary and con- -i ' sumer segments, of the industry, it now is possible to conclude:' 1. That it is not technically feasible for any segment. of the asbestos industry to meet a 0.5 fiber per cc (TWA) .exposure level. * ' 2. That the primary producers can,' at substantial cost, within- three to five years meet the 2 fibers per cc (TWA) standard 3. That large portions of the secondary and consumer seg ment's of the industry cannot economically (and perhaps cannot technologically ) meet the 2 fibers per cc (TWA) standard without the option of using personal protection as their primary '4 * mode of compliance, particularly when they must .shoulder the paas-through costs of BAT in the primary sector.' A -9- -.4-. s-That the enforcement, without exceptions., within the.,.,,, ... secondary -and consumer^segments- of. the. industry,, of .the July 1976-2- fibers per cc (TWA) -standard, and,, a fortiori,, a change_____ in that standard to any lower level, will lead to undesirable concentration within the industry. ; '* ' 1 1Wir ;5. That, because-the -projected construction-industry regulation inevitably will have a profound economic impact upon ---.segments of the'asbestos-manufacturing; industry, we cannot in-1 ... . telligently comment upon the economic impact of the proposed manufacturing-regulation-separate and .apart from .the economic . -impact of the projected construction-regulation. . . We believe, in shott, that the most serious problems . raised by the regulation proposed on October,9, 1975 lie in its potential impact upon the secondary and consumer segments of the industry and in the consequential effect of that impact upon the primary segment. Patterns of trade may be seriously' disrupted, jobs may be'lost, small businesses may be destroyed, investment values may be damaged, inferior or expensive materials may be substituted for those now in use, prices for many products may be inflated, hazards to the public now controlled by asbestos may be increased, and all for the purpose of achieving an exposure standard which' would yield marginal, or perhaps no, health benefits - 10 - . Recommendations * . * x ./ *>r-p< > For the reasons, above stated, we therefore recommends .-.it., ic -X-:. That action on-he' regulation proposed October .9, .1975:: be deferred until the asbestos industry can complete its economic/ '"feasibility survey -of*the" -secondary and -consumer segments 'of `the - industry and until that regulation can be considered together with 'the'projected--construction ' industry regulation; or-if - that be : ------- not possible, .-> : 2. That.action on the regulation proposed October`9, 1975 be- . , deferred until it can be .considered together with .the projected , . . construction-industry regulation; or, if.that be not possible, ul-; 3. Thab. -the currently, mandated July 1, .197.6 'standard and! ,: :... ; 'ceiling airborne'fiber concentration levels { 2 fibers:TWA and:10' fibers) be incorporated into the proposed new regulation, with other'detailed changes as indicated in the supplement attached hereto and made a part hereof, many of which are designed to relieve the small'and'intermittent user'of asbestos "and asbestos" products of the burdens of the regulation. Attachments; Supplement Exhibit A Exhibit B Respectfully submitted. Guy George Gabrielson, Jr. Chairman, Asbestos Industry Task Force The following companies and trade associations have