Document dQ2eNKgj0D0xNwejr3Vkz4LzQ

FILE NAME: DuPont Remington (DRM) DATE: 1979 Oct 17 DOC#: DRM016 DOCUMENT DESCRIPTION: Federal Register - Part IV - Consumer Product Safety Commission - EPA - Commercial and Industrial Use of Asbestos Fibers and Consumer Products Containing Asbestos 10-17-79 Vol. 44 No. 202 Pages 59895-60068 Wednesday October 17, 1979 Highlights 59963 Strengthening Developing Institutions Program HEW/OE announces closing date for transmittal of applications for Fiscal Year 1980; applications by 12-10-79 (2 documents) 60022 Career Education Incentive Programs HEW/OE authorizes four new programs of financial assistance (Part II of this issue) 60038 . Chemical Carcinogens Regulatory Council issues policy and requests comments; comments by . ll-i5 -7 9 '(P art IV of this issue) 60056, 60057, 60061 Asbestos CPSC and EPA issue a joint statement on coordination of regulatory activities, and advance notices of proposed rulemaking; comments by 12-17-79 (3 documents) (Part VI of this issue) 60052 National Voluntary Laboratory Accreditation Program Commerce/Sec'y announces the granting of accreditation to laboratories for specific tests on thermal insulation materials; accreditation 10-12-79 through 10-11-80 (Part V of this issue) 59914, 60032 Nondiscrimination on the Basis of Age EEOC and SBA propose provisions for programs or activities receiving Federal financial assistance; comments by 12-17-79 (Parts I and III of this issue) CONTINUED INSIDE N Wednesday October 17, 1979 Part VI Consumer Product Safety Commission Environmental Protection Agency Commercial and Industrial Use of Asbestos Fibers and Consumer Products Containing Asbestos * ' 60056 m Federal Register / Vol. 44, No. 202 / Wednesday, October 17,1979 / Notices CONSUMER PRODUCT SAFETY COMMISSION ENVIRONMENTAL PROTECTION AGENCY Commercial and Industrial Use of Asbestos Fibers and Consumer Products Containing Asbestos; Statement of Policy on Coordination of Regulatory Activities . AGENCIES: Consumer Product Safety Commission and Environmental Protection Agency. ACTION: Joint Statement on Coordination of Regulatory Activities This issue of the Federal Register contains two Advance Notices of 'Proposed Rulemaking (ANPRM) regarding exposure to asbestos. The Notices are being issued by the Consumer Product Safety Commission (CPSCJ and the Environmental Protection Agency (EPAJ. Both 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 an unreasonable health risk. The purpose of this joint statement is to explain the interrelationship of the proposed regulatory efforts by the two agencies and to assure the public that these investigations and possible resulting regulations will be coordinated, compatible and nonduplicative. - EPA 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 Substances Control Act (TSCA, 15 U.S.C. 2601).' Under TSCA, EPA may regulate any chemical substance whose manufacture, processing, distribution in commerce, use and/or disposal presents an unreasonable risk of injury to human health or the environment. ' CPSC administers two statutes under, which it is empowered to regulate asbestos in consumer products. Under the Consumer Product Safety Act (CPSA, 15 U.S.C. 2051), CPSC has the general responsibility to protect the public from unreasonable risks of injury, illness, or death associated with , consumer products, and may take action against specific products presenting a substantial product hazard. Under the Federal Hazardous Substances Act (15 U.S.C. 1261), CPSC may regulate hazards involved in the*presence or use of toxic and other hazardous substances in the household. The EPA Advance Notice of Proposed Rulemaking describes the Agency's broad effort to systematically gather' information on asbestos exposure sources and to evaluate health risk from these sources based on the "life cycle" concept. In the life cycle analysis, the cumulative risk from exposure to asbestos is examined from primary -processing through end use and disposal. The CPSC Advance Notice describes a narrower approach to the investigation of possible health risks that may be associated with the use of asbestos in a number of consumer products. The Agencies recognize that in order to expeditiously and effectively provide public health protection from certain asbestos-containing products, there may be a need for remedial actions individually tailored to specific products or uses as well as broader controls. For example, the Agencies -anticipate, situations where CPSC's authority may ' enable it to reduce consumer exposure to asbestos-containing products pending more general proceedings initiated under EPA's broader program. Through close cooperation in our regulatory endeavors, EPA and CPSC hope to achieve the 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 authorites. We plan to share allavailable data, while maintaining the confidentiality of business information in accordance With applicable law. Third, to avoid inconsistent or needlessly burdensome regulations, each Agency's regulatory: actions (e.g., rules, bans, recalls) that may result from these investigations will be developed in close consultation with the other agency. The initiatives described here are illustrative of the efforts of CPSC and EPA to further the goals of the Interagency Regulatory Liaison Group (IRLG). The IRLG was established in 1977 to promote better coordination among the major health and safety regulatory agenices. Dated: O ctober 10,1979. For the Consumer Product Safety Commission: Susan B. King, Chairman. - For the Environmental Protection Agency: Douglas M. Costlo, Administrator. . [FR D oc. 79-32036 Filed 10-18-78:8:45 am) BILLING CODE 6560-01-M Federal Register / Vol. 44, No. 202 / Wednesday, October 17,-1979 / Proposed Rules 60057 CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Chapter II Consumer Products Containing Asbestos; Advance Notice of Proposed Rulemaking AGENCY: Consumer-Product Safety Commission. ACTION: AdvanceJ'Totice of Proposed Rulemaking. SUM M ARY: The Consumer Product Safety Commission is concerned that consumer exposure to asbestos from consumer products may present an unreasonable risk of injury and.that some consumer products containing asbestos may present a substantial product hazard. CPSC will begin its formal investigation of the use of asbestos in consumer products by publishing this notice soliciting general information on the use of asbestos in consumer products. In addition to soliciting information on the use of asbestos in consumer products, this notice describes CPSC's proposed . regulatory approach to asbestos in consumer.products and solicits public comment on the approach. The Commission will consider the comments during the development of any proposed regulation or other remedial action to. protect consumers. DATE: Comments and information should be submitted on or before December 17,1979. Those comments received after this date will be considered only to the extent practicable. AD D RESS: Comments and information should be sent, preferably in five copies, to Office of the Secretary, Consumer Product Safety Commission, Washington, D.C. 20207, and should refer to "Asbestos." Received comments and other relevant information may.be examined in copies obtained from Office of the Secretary, 111118th Street, N.W., 3rd Floor, Washington, D.C. 20207, during business hours Monday through Friday. FOR FURTHER INFORMATION CONTACT: Francine Shacter, Program Manager, Office of Program Management, Consumer Product Safety Commission, Washington, D.C. 20207,.telephone (301) 492-6557. For information concerning financial compensation for public participation in this investigation, contact Catherine Bolger, Office of the Secretary at the above address, telephone (202) 254-6241. SUPPLEM ENTARY INFORMATION: Background Asbestos is a general term for any'of several naturally occurring fibrous minerals composed of silica, oxygen, hydrogen, and other elements such as sodium, calcium, iron, or magnesium. There are six basic varieties of asbestos minerals th at are found in fiber form: chrysotile (the most common variety, and th at found in about 95% of asbestoscontaining products in the' Unites States), amosite,,crocidolite, actinolite asbestos, tremolite asbestos, and anthophyllite asbestos. The high tensile strength, flexibility and heat chemical resistance ofasbestos makes it adaptable to a large number of uses. Although precise figures on the number of asbestos-containing products are'not available, the Commission estimates that hundreds of different types-of consumer-products contain1asbestos in some form. M any' 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 Related to Asbestos Exposure CPSC is concerned that the presence of asbestos 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 cairpose a health hazard if the asbestos fibers are released into the air, and therefore are available for inhalation. TheJiazard may be undetectable in the ordinary use of asbestos-containing products, since some asbestos fibers may b e visibleonly by means of optical or electron . microscopy. - - A large body of scientific evidence suggests that allm ajor types, of asbestos are carcinogenic. Animal data and human epidemiologic studies support this conclusion. Extensive epidemiologic studies of health effects conducted in occupational settings provide the largest body of information on asbestos-related diseases. Since the early 1960's there has been increasing evidence as well of asbestos-related diseases in populations not occupationally exposed to asbestos. Epidemiologic-studies have demonstrated increased incidence of asbestos-related diseases, including lung cancer and mesothelioma (a cancer of the linings of the pleura and peritoneum) among nonoccupationally exposed populations, including individuals with only-brief or intermitten "bystander" exposures. Autopsy studies of lung tissues of residents in urban areas in many parts of the world indicate tljat the general population is being exposed to asbestos from the general environment and,that once inhaled, asbestos fibers can 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 Commission. 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 resuspension. The presence of asbestos fibers can thus pose an ongoing inhalation risk in the household. Third, unlike the workplace where engineering control systems and protective clothing are available to.minimize worker exposure to asbestos,-household members have little or no protection from exposure to asbestos fibers released from consmner products. Previous Commission Action Concerning Asbestos in Consumer Products The Commission has issued rules declaring consumer patching compounds and artificial emberizing materials containing respirable asbestos as banned hazardous products under the Consumer Product Safety Act(CPSA). (16 CFR 1304 and 1305, 42 FR 63354, December 15,1977.) These actions were taken on the basis of Commission findings that the 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 asbestos from other sources, would result in an increased risk of cancer. In view of the seriousness of this illness an d the cumulative effects of asbestos exposure, the Commission determined that continued use of these products in the household presented an unreasonable risk of unjury and that no feasible 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 hair dryers in light of information initially indicating that a significant 60058 Federal Register / Vol. .44,: No. 202 / ^Wednesday, October 17, 1979 / Proposed Rules proportion of some 50 to 60 million hair dryers in consumers' hands or in the chain of distribution contained asbestos. As a result of negotiations between the Commission's staff and firms which share approximately 90% of the consumer hair dryer market, the firms have agreed to cease 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 dryers containing asbestos has been broadened to include hair dryers used by consumers in commercial hair dressing establishments. Tests of hair dryers containing asbestos have been performed for CPSC by the National Institute of Occupational Safety and Health (NIOSH) of the Department of Health, Education, and Welfare to aid in the determination of emission of asbestos fiber from the hair dryers. The results of these tests are currently being analyzed. Information Gathering on Consumer Products Containing Asbestos In order to determine the scope of the potential problem.posed by consumer products containing asbestos, CPSC commissioned a study to determine what other categories of consumer products contain asbestos. As a result of a report by a Commission contractor, Review o fAsbestos Use in Consumer Prducts, A. T. Kearney, Inc., Management Consultants (April, 1978) (Kearney report) and through examination of other published sources, the Commission has developed information that indicates the presence of asbestos in a number of consumer products. Using the Kearney report and other available published sources, the Commission's staff has grouped the products according to the general form in which the asbestos exists in the product. This list of consumer products or categories of products containing asbestos is set forth in Appendix A to this notice. Also included in Appendix A is a list of consumer products that have been the subject of consumerinquiries or that are otherwise alleged to contain asbestos. The Commission requests interested persons to provide information on whether the lists in Appendix A ace complete and accurate. Any information received in response to this notice will help the Commission determine the scope of the problem and identify specific products on which it may need to focus its attention. To obtain additional specific information on the use of asbestos in -consumer products inlhe near future, the Commission intends to issue general and special orders under the authority of section 27(b)(1) of the CPSA (15 U.S.C. 2076(b)(1)) to require manufacturers (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 Commission believes merit initial attention. The'Conimissiori intends to select consumer products containing .asbestos for priority attention in this investigation, based on the following criteria: (1) the number of units of the product estimated to be in use by consumers, (2) the form-and location of the asbestos in the product; (3) the frequency, duration, mannr, and location in the consumer's environment of product use, including such factors as the expected useful life of the product and the presence of heat and/or moisture and the likelihood of abrasion during use or forseeable misuse; (4) the . likely availability and feasibility of substitutes for asbestos in the product; (5) the relative ease of data collection and analysis by the Commission and the reporting burden on industry; and (6) the degree of potential overlap of CPSC reporting requirements with the information gathering efforfs of other regulatory agencies, particularly the Environmental Protection Agency. The information which the Commission may require in the general or special orders includes for the products covered: specific product indentification-information; the function performed by the abestos in the product; a description of the asbestos; the location of the asbestos in the product; available test or other data1concerning asbestos fiber emission; information on the promotion, marketing, and use - patterns of the product; and information on possible substitutes for the asbestos in the product. I The Commission plans to begin selecting products for priority attention and may issue general or special orders to require the submission of information on those products during the time it is' receiving comments on this notice. The Commission intends1to coordinate the gathering of information under the general and special orders with the information gathering activities' of the Environmental Protection Agency (EPA), which is proposing, in an Advance Notice of Proposed Rulemaking appearing elsewhere in this issue of the Federal Register, a comprehensive regulatory program under the Toxic Substances Control Act to address asbestos exposure. Coordination between CPSC and EPA will include the sharing of information, including where permitted by applicable law, the, sharing of confidential business information. Through this coordination, EPA and CPSC will endeaver to 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 commenai 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 consmer 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 of the injury associated with asbestos exposure--the 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 compelling 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 the requisite procedures designed to ensure due process in taking regulatory action. 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 Federal Register / Vol. 44, No. 202 / Wednesday, October 17, 1979, / Proposed Rules 60059 asbestos on the basis of a determination hazard and requiring the repair or of the fact of asbestos fiber emission, replacement of the product or refund of rather than a quantitative assessment. the purchase price; or In determining,whether a us of (5) rules requiring manufacturers of asbestos is essential, the Commission the product td give notification_to will generally consider a number of consumers of performance and technical factors, including but not limited to: the data, including warnings o r instructions function performed by the asbestos in for safe use, at the point of sale. Such the product, the benefit derived from the performance and technical data could use of asbestos in the product; and the include the results of testing which,, availability and cost of substitutes for under certain circumstances, the the asbestos; and the safety of such Commission may require manufacturers substitutes. The Commission proposes to use this to perform. At any time, even when one of the regulatory approach in addressing the above proceedings is pending, the problem of asbestos exposure from, Commission may file a civil action in a consumer products and solicits United States district court against an comments from interested persons on "imminently hazardous" consumer whether this is an appropriate approach . product or the manufacturer, distributor under the regulatory authority of the orretailer of such product for seizure or Commission. injunctive relief By proposing this regulatory The FHSA prescribes requirements for approach, the Commission does not' cautionary labeling of household intend to preclude possible action to products which are or contain address essential uses of asbestos in "hazardous (including "toxic") consumer products from which, asbestos substances", as those terms are defined fibers are released. The initial focus, in the Act or as the Commission may however, will be on non-essential uses define them by regulation. The - of asbestos. Commission also may prescribe by Statutory Tools for the Regulation of. Asbestos in Consumer Products regulation reasonable variations or additional label requirements for hazardous substances. If the CPSC administers two statutes under Commission finds 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 Safety Act substance is such that the public health (CPSA, 15 U.S.C. 2051, et seq.), CPSC can be adequately protected only by has.the general responsibility to protect the public from unreasonable risks of excluding such- substance from, the channels of commerce, it may, by injury, illness or death associated with, regulation, declare the substance a consumer products. Under the Federal banned hazardous substance. Banned Hazardous Substances Act (FHSA, 15 hazardous substances are subject to Lj.S.C-1261, et seq.), CPSC may regulate automatic repurchase under the A c t hazards,presented by the presence or Where a serious threat to public health use of toxic and other hazardous, exists, the Commission, pending substances in the household. completion of a rulemaking proceeding Possible regulatory actions under the to declare a substance a banned . CPSA to address asbestos exposure hazardous substance, may, by.notice include: . published in the Federal Register, (1) consumer product safety standardsdeclare a substance an "imminent consisting of requirements as to hazard", and thus temporarily ban such performance, composition, contents, substance from the channels of , design, construction, finish orpackaging commerce. of the product; The CPSA empowers the Commission - (2) consumer product safety standards to address unreasonable risks of injury requiring that the product bemarked associated with consumer products or with or accompanied by clear and. components of such products. The . adequate warnings or instructions, inclusion of components'was intended including requirements specifying the . to enable the Commission "to regulate form of warning's or instructions; just a part of a consumer productif only (3) rules declaring the product a such regulation were warranted." ASG banned hazardous product; Industries, Inc. v. Consumer Product [4) orders, following the opportunity . Safety Commission, 593, F. 2d 1323 (D.C. for an evidentiary hearing, determining . Cir. 1979). This recognition that products that a product presents a substantial may pose a risk of injury because of the product hazard; and requiring the. presence of a particular component manufacturer, distributor, or retailer to suggests that the Commission could notify the public and specific purchasers address..in a single regulatory action the of the product of the nature .of the use of asbestos as a componentin a number of different consumer products that share similar or related uses of asbestos, provided the Commission makes the requisite statutory findings under the CPSA. (See section 9(c), 15 U.S.C. 2058(c).) Regulatory action to address asbestos in consumer products could include regulation of asbestos as a component in any consumer product where exposure to asbestos fibers occurs; regulation of.a group o r category of consumer products which contain asbestos in a form that results in exposure.to asbestos fibers; or regulation of individual products that contain asbestos on a case-b-case basis if exposure to asbestos fibers occurs. The Commission has used the latter approach in the past. From the standpoint of effective protection of the public health and efficient expenditure of limited resources, however, the Commission believes that in certain circumstances 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 all the issues raised in this notice as well as 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 bn the issues and questions set forth below. 1. Is the Commission's list of consumer products containing asbestos (or possibly containing asbestos) contained in Appendix A accurate and complete? Are there products or categories of products on the list that are (a) no longer manufactured or (b) currently manufactured but no longer contain, asbestos? Are there products or . categories of products currently manufactured that contain, asbestos but that are not on the. list? 2. How can agencies (such as CPSC and EPA) proceed to obtain information necessary to make informed regulatory decisions concerning asbestos while considering industry's, and the general public's interest in avoiding unnecessary reporting burdens? How can the agencies' needs for information be met while protecting industry's legitimate interest in "preserving the. confidentiality of trade secrets and other confidential commercial and financial information. 60060' Federal Register / Vol. 44, No. 202 / Wednesday, October 17, 1979 / Proposed Rules ' 3. The Comrmssion's'propoSed regulatory approach will initially seek the elimination of all non-essential uses of asbestos in consumer products from which asbestos fibers are released during reasonably foreseeable conditions or duration of use, including misuse. Is this a sound approach? Is it an appropriate one under the statutes the Commission, administers? Under what circumstances should the Commission consider action to address essential uses of asbestos m consumer products from which fibers are released? ,4. How. should the Commission determine what constitutes an essential use of asbestos m consumer products? Are the Commission's proposed criteria appropriate?_How much weight should be given to .cost, availability, utility or safety of substitutes for asbestos m consumer products? How should the societal benefit derived from a product, or the use of asbestos in a product, be assessed? 5. The Commission's proposed position concerning'the type of evidence necessary for regulatory action is that it can take action on the basis of a determination that asbestos fibers are being emitted'from a product. Is this approach appropriate?-In what situations should quantitative measures of asbestos fiber emission be attempted? If so, who should conduct the tests to determine the quantitative levels being emitted, from particular products? Should the Commission attempt to define or develop, criteria to determine * whether asbestos fibers are "respirable"? 6. Where appropriate the Commission intends to consider regulation of asbestos as a component of one or more groups'or classes of consumer products (i.e. "genencally"), rather than on a product-by-product basis. Under what circumstances would this be an appropriate approach? .What are the advantages or disadvantages of such an approach? 7. The Commission does not mtend to employ quantitative estimates of cancer risks posed by exposure to asbestos fibers in making regulatory decisions concerning consumer products containing asbestos. Is, this an appropriate approach to the regulation of the risks posed, to the public from exposure to asbestps in consumer products? 8. The Commission has limited information concerning qualitative or quantitative studies of asbestos fiber emission from particular consumer products. The Commission is interested m receiving any such information m order to help'identify products which should receive priority attention in this investigation. ,, , 9. The Commission has listed; a number of criteria which it intends tp.,. apply m selecting consumer products... containing asbestos for priority' attention in its investigation; Are these criteria appropriate? Are there additional criteria that should be - applied? , i < ' Public Participation During the investigation and possible regulation of consumer products containing asbestos, the Commission hopes to receive the views, of. public interest, consumer, industry and other interested groups on all relevant issues. In- ordr 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' order to ensure representation of viewpoints from groups arid individuals who might otherwise not have.the ... means to furnish comments in'response to this notice, the Commission will make available financial compensation for reasonable expenses incurred in furnishing comments. Funding will also be available for participation m any hearings, meetings, or other future Commission proceedings connected to this investigation. Eligibility for financial compensation will be determined m accordance with the Comrinssion's Interim-Policies and Procedures concemmg'Financial Compensation of Participants m Informal Rulemaking Proceedings (16 CFR Part 1050). Individuals or groups who wish to apply for financial compensation should promptly contact the Office of the Secretary at the above address, and indicate their interest in receiving the necessary application forms and-other information. (Consumer Product Safety Act,115 U.S.G.-2051 et. seq., Federal Hazardous Siibstances A'ct, 15 U.S.C. 1261, et. seq.) Dated: October 12,1979. SadyeE. Dunn, Secretary, ConsumerProduct Safety Commission. | Appendix A.--Consumer Products Containing Asbestos 1 r-- ' " ' Asbestos Paper Products , Acoustical ceiling tile t Lamp sockets Burner mats for gas stoves 1Source: Review o f Asbestos Use in Consumer Products, A. T. Kearny Inc.', Management Consultants (April, 1978), and other published sources. Final junsdictional determinations for these products have not been made. The inclusion of a product on this list does not mean that all brands or models of that product contain asbestos. Roofing felts (outer layers) Pipe and boiler covering Vinly sheet" flooring backing , * Radiator top insulation Appliance heating shielding (fiaper) Slow cookers- Hair dryers Paper sheets for heat insulation Millboard TV and-other electronic switch plates Electric switch boxes Metal reinforced gaskets (for, air-cooled engines) Electrical washers Ltnmgs for ovens, kilns, safes, safety boxes, incinerators Millboard sheet . Wall protection behind heat-generating, products Floor, protection under wood, and coal, stoves Soldering and welding blocks Iron rests. Appliance heat shielding (millboard) Toasters Rotissene broilers Fireproof wallboard Metal-clad fire doors and partitions Tent grommets , Stove pipe rings Cloth and Woven Products Flexible air conductor for heating, cooling and ventilating equipment,, Appliance wiring Barbecue fire starters Broilers Curling irons ' Electric blankets Hair dryers. Heating pads . Ranges Slow cookers > Toasters - - Irons Deep fat fryers >. -? Electric fry pans * Awnings - ' - > Candlesticks ' ' ' . ' Catalytic Heater Mantles ' Cigarette Lighter wicks Cord Seals for high temperature gaskets Valve steam packings . - Insulation for glass handling tools Reinforcing for braided wall stem hose Theater curtains Felt Reinforcements in plastics Gaskets Reinforcement in asbestos tapes Secondary insulation in high temperature, wire and cable- " ' " ` Asphalt impregnted'roofing felts Piano and organ felts _ Heating pads (element insulation) ' Ironing board pads and covers ~ Lamp and lantern mantles Pipe and boiler covering Pot holders and oven mitts Flame resistant garments Gloves - , .. Hats Helmets Hoods Mittens Federal Register / Vol. 44, No. 202 / Wednesday, October-17, 1979, / Proposed Rules 60061 Overgaiters SJeeves Suits Umbrellas Aprons Arm protectors Flame-resistant blankets Boots , Caps Smokers' bibs Stoves--Coal and wood burning Tape for pipe insulation Braid and rope for packing Motion picture screens Tent grommets , Asbestos Cement Products' Water, sewer and septic drain field pipe Airductpipe Sheet products Roofing clapboard Siding Shingles Interior walls Boiler and furnace baffles Bulk sheeting Welding shields Baking sheets Blackboards '' Laboratory table tops Linings for vaults, safes, humidifiers and filing cabinets ' t > t Viscous Matrix Products Adhesives (glues and epoxies) Ajr,duct cement for asbestos-cement air duct Buffing and polishing compounds Caulks and putties Floor tile cement and mastic Auto body filler Flashing cement Furnace cement Glazing compound for ceramics Pipe and boiler coverings Roof and driveway coatings Stains and varnishes Automotive metal deadener Automotive undercoating Refngerant cements Automotive muffler repair compounds Products Subject to Inadvertent Asbestos Contamination Driveway-gravel Fertilizer and'lawn care.products Potting materials (vermiculite). Talcs for noncosmetic or food use applications Miscellaneous Products Acoustical and thermal insulation material, sprayed Ammunition shell wadding Automotive mufflers ' 1 Barbecue firebed materials m gas barbecue grills Boat Hull Repair Kits Flower pots Friction Materials Clutch plates " .. ' '' Brake linings Potters' kilns (home hobby) Pottery clay Powder (asbestos) Bulk fiber Reinforcement in molded plastics and rubber Automotive radiator sealant Vinyl asbestos floor tiles Abrasive wheels Aerial distress flares Molded plastics and phenolic laminates Paint Textured paint Cement, drywall and plaster patching compounds Artificial gas fireplace embenzmg material Phonograph records Consumer Products Possibly Containing Asbestos s Appliances , Air'conditioners Dishwashers Hand-held mixers Portable electric heaters Popcorn poppers Refrigerators Vacuum cleaners Waffle Makers - Miscellaneous Products Carpetpadding Fire places Instant papier mache Light fixtures on railroad passenger cars Welding masks File-cabinets, [FR Doc. 79-32037 F iled 10-16-79:8:45 am] BILLING CODE 6355-01-M ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 763 [OTS 61005; ER L 1332-4A) Commercial-and Industrial Use of Asbestos Fibers; Advance Notice of . Proposed Rulemaking a g e n c y : Office of Toxic Substances," Environmental Protection. AGENCY: (EPA, or the Agency). a c t io n : Advance Notice of Proposed. Rulemaking (ANPRM). Under the Toxic Substances Control-Act (TSCA). s u m m a r y : EPA is concerned that many sources of human exposure to asbestos may present an unreasonable health risk: Exposure to asbestos fibers has been shown to contribute to increased risk of lung damage (asbestosis) and cancer of several anatomic sites. in humans. ~ Asbestos is a generic name for several naturally occurring mineral fibers. Since" the beginning of the century, approximately 30 million tons of asbestos fibers have been used in the- > United States to produce thousands of commercial and industrial products. The inventory of asbestos products is growing .since; products introduced into commerce represent about 750,000 tons "Source: Consumer inquiries and other sources not verified by the'Commission. of asbestos per year. Some fibers used m. these products are inevitably released as a result-of fiber processing, product manufacturing, distribution in commerce, product use, and disposal. Much of this asbestos remains m the biosphere as a ubiquitous pollutant because of the fibers' mobility and resistance to chemical and physical decomposition. Humans may be exposed to these fibers from the aforementioned direct and indirect" sources. Certain exposures to asbestos are controlled under various Federal and State authorities. However, because of limited mandates (i.e., focused on specific populations or exposure sources), technical difficulties (e.g., available fiber measurement techniques), and other analytical constraints, these authorities are not able to deal with the total asbestos problem. As a result, many population 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 under other Federal authorities. Under. TSCA, EPA is currently investigating the cumulative effects of exposure.to asbestos throughout its life cycle m : 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 risk? thqt.are identified. < . EPA anticipates that any rules it develops-to control unreasonable asbestos risk will evolve chiefly from a ( ! combination of the following regulatory approaches. Under the first approach; the Agency might promulgate rules that prohibit the processing, manufacture, and use .ofcertain asbesfos^coritaihing' products or product categories. Under the second approach, the Agency might limit the annual amount of asbestos imported and produced m The United " * States, or it might limit.the, amount of, asbestos processed m the United States. Both approaches would aim at reducing: the consumption of asbestos for nonessential-purposes. Both reflect the Agency's belief that many ^asbestos , products have economically1available > substitutes. All rules would be designed to minimize adverse impacts on industry 60062 X Federal Register / Vol. 44, No. 202 / Wednesday, October 17, 1979 / Proposed Rules by providing sufficient-time to-adopt substitutes and eliminate.asbestos processing equipment. Control of asbestos already installed _ or in service will generally require action different from the ones above; Many existing sources are difficult to identify and control. However, as an initial step, the Agency is investigating the development o f'an ile to require public school surveys to determine whether asbestos hazards are present due to deteriorating insulation. The Agency will also consider requiring appropriate corrective measures where hazards are found. An Advance Notice of Proposed Rulemaking has been published in the Federal Register describing this action-(44 FR 54676, September 20,1979). Other'existing sources that the Agency may control in the future include public buildings where asbestos was; used as an insulation or decorative material and merchant ships where asbestos is widely used as insulation. In support of the investigation of asbestos products and uses, EPA expects to issue a reporting rule under * section 8(a) of TSCA to gather economic and exposure information. The Agency also anticipates issuing a rule under section 8(d) of TSCA'to require the submittal of unpublished health and safety studies relating to asbestos. Finally; EPA will consider the need for supplementary regulation under other Federal laws administered by EPA and other Federal agencies. ' EPA solicits comments on this.Notice.' These comment? will be considered during development of any proposed regulations. DATE; All comments must be received by the Record Clerk by December 17,1979. A D D R ESS: Mrs-. Joni T. Repasch,.Record Clerk, Office of Toxic Substances (TS793), U.S. Environmental Protection Agency, 401M Street, S.W., Washington,- D.C. 20460. Comments should include the docket number OTS-61005. Comments received on this Notice will be available for viewing and copying from 9 a.m. to 4:30 p.m., Monday through Friday/excluding holidays, in Room 447 East Tower, EPA Headquarters, 401 M Street, Washington, D.C. FOR FURTHER INFORMATION CONTACT: " Industry Assistance Office, Office of Toxic Substances (TS-799),' Environmental Protection Agency, 401M Street, S.W., Washington, D1C. 20460, Phone: 800-424-9065', (in Washington; D.C., call 554-1404].. " ` SUPPLEM ENTARY INFORMATION: The Problem ! . -: ! ,, EPA has conducted preliminary ` evaluation of asbestos related health ` ' effects and exposure situations. On th - - basis of this evaluation, EPA believes that many sources of exposure to asbestos may present an unreasonable human health risk because of'serious * adverse health effects and large numbrs of people subject to exposure. Studies of exposed populations have shown that asbestosis, a progressive deterioration of lung function, and ' * various types of cancer ar associated with asbestos exposure, even at low concentrations or after short exposure periods.1- *2 Asbestos is a generic name for a variety of naturally occurring fibrous . _ mineral silicates (chrysotile,;amosite,. crocidolite, anthophylliter tremolite, and actinolite). For many years asbestos has; provided reliable protection against damage from heat,.fire,.and ro tan d 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 2,000 to 3.CI00 discrete products are estimated to contain the material. Asbestos use has been increasing steadily. Since the beginning of this' century, approximately 30million tons ' of asbestos have been used in the United States with the total increasing annually by about 750,000 tons (average annual use over the past ten years): 3 Much of this asbestos is jstill in the biosphere because asbestos fibers-are' ' highly indestructible and quite mobile, . moving from land and water to air ' through norml physicl processes. Exposure sources include mines, mills; ,, processing facilities, products, disposal sites and the ambient environment. With long latency periods between exposure and evidence of disease, \ye probably have not yet felt the total impact of asbestos-related disease incidence due to the growing presence of|asbestos in the biosphere. ; . Approximately twenty Federal regulations under various laws reglate. ' Bogoviski, P. et al. (eds.). The Biological Effects o f Asbestos. Proceedings of working conference * held at the International Agency for Research on Cancer. Lyon. France: 2-6 October; 1972, pages 155- 182. . 2Levin, R.J, (ed.). Asbestos: Aii Information : Resource. HEVJ Publication.No. (NIN) 76-1681. , May 1978, page 24. . . . -' ' 3U.S. Environmental Protection Agency, Chemical Market Input/Output Analysis of Selected Chemical Substances to Assess Sources o f Environmental Contamination: Task'lII Asbestos.' Washington, D.C.. 1978. human and environmental exposure to asbestos.4Despitethese regulations, ; however, large segments of the . population continue to be exposed to, - . asbestos. Consistent with their legislative mandates, existing regulations .are limited to controlling asbestos in specific media (e.g., air,' ... water, food), source categories (e.g., . process emissions, waste piles), or . population segments (e.g., workers). ` . These regulations are not designed to control the full range of exposure situations. For example, there are over 100 million motor vehicles in the United States today. Since most vehicles use a set of asbestos-containing brake liningsevery 3 or 4 years, a considerable . amount of asbestos-containing material is released to th 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 are , 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 of asbestos-containing products and uses. The limitations of available fiber measurment techniques also constrain the range of feasible control options. Approach to Regulation of Asbestos Under TSCA. . '' ! The Agency believes that TSCA : provides an effective means of controlling the proliferation of asbestos use in the United States and of reducing- the health risks associated with the , existing accumulation of asbestos in the- environment Under the compreshensiv jurisdiction of TSCA, EPA has authority to weigh overall risks presented by the entire asbestos life cycle, from mining to final disposal. For example, EPA can ' *' control any chemical manufacturing, ' processing, distribution in commerce, use, or disposal activity, or any combination of thse activities found to pose an unreasonable risk to health and the environment EPA is planning to use_ TSCA's unique authority in this !J 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, EPA will considr developing regulations under TSCA and * other laws which the Agency administers. The development of .: 4U.S. Environmental Protection Agency. Federal Register Citations Pertaining to th Regulation o f 1 Asbestos. In-House Report April 1979. * Federal Register / Vol. 44, No. 202 / Wednesday. October 17, 1979, ' Proposed Rules 60063 regulations under TSCA and other In examining asbestos health effects, to remedy the problems associated with, authorities will be integrated to promote adequate h&alth protection and minimize impacts on industry. The Agency anticipates that most asbestos regulatory action will be taken under section 6(a) of TSCA, although section 5(a) might also be used where appropriate. Among other things, section 6(a) enables the Agency to restrict chemical processing, limit quantities that can be used, require appropriate labels, and mandate recordkeeping. Section 5(a) enables the Agency to require that manufacturers submit . premanufacturingnotification for significant new uses of a chemical. Before promulgating a rule under section'6(a) of TSCA, the Administrator must determine that the substance in question presents an unreasonable risk to human health and the environment. The Agency can then devlop rules to rduce or prevent the risk using the least burdensome requirements; - J To accomplish this end in the case of asbestos, TSCA requires that the following areas be examined and documented: (1) The seriousness of health ffects EPA is relying heavily on the extensive epidemiological studies conducted primarily in occupational settings. The results of animal studies are being used to supplement epidemiolgic data. For example, data from animal studies'are being used to assess the biological activity of fibers which differ in-size, shape, or chemical composition. These studies, when combined with known and potential exposure situations, will ' show the seriousness of helth effects associated with identified routes, levels, and durations of human exposure to asbestos. The linear nonthreshold model is being used to provide quantitative estimates of cancer risk in accordance with EPA Interim Guidelines'for Carcinogen Risk Assessment (41FR 21402, May 25,1976) and the Interagency Regulatory Liaison Group's Guidance (44 FR 39858-39879, July 6,1979) on the subject. - EPA particularly requests comment with respect to the analysis it intends to' perform on the health risks of asbestos. Ideally, EPA would examine health risks presented throughout the commercial a product-by-product approach. Some technical problems remain in making comparisons among the concentration's 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 th appropriate conversion factors to use 'w hen making comparisons of both types of data, and oh the implications for estimating risk. Socioeconomic and Substitute Assessment If EPA's life cycle risk assessment concludes that substantial human health risk is associated with general exposure to asbestos, then the Agency will examine the situation for the presence of "unreasonable" risk on the basis of the availability of reasonable . substitutes. Unreasonable risk may be analyzed on the basis of the present or associated with identified levels and life cycle of asbestos associated with future availability of reasonable durations of human exposure to particular end products then, analyze the substitutes on a product or category asbestos; substituts for each of.the end use specific basis, or may be analyzed by a (2) The benefits of various uses of products to determine if the risks more, general, representative . asbestos and the availability of practical presented are unreasonable. Asbestos,- socioeconomic evaluation of proposed substitutes for these uses; and . however, is contained in so many asbestos controls. The Agency's choice (3) The reasonably ascertainable economic impacts of the rules on the national economy, small business, technological innovation, the environment, and public, health. The following sections discuss the method the Agency plans to use in carrying out these studies. Risk Assessment EPA is examining the total risk to human health from exposures to asbestos throughout the material's commercial life cycle (i.e., from mining and milling, through fabrication into products, to final use and ultimate disposal). The Agency is preparing an assessment of occupational and general * population risks from both new and existing exposure sources. The investigation will be based principally on available data concerning asbestosrelated health effects and potential '' exposure situations. EPA believes that it already has much data to support rulemaking under TSCA. However, to insure that all relevant information is considered, the Agency expects to propose a reporting rule under section 8(d) of TSCA. The rule will require submission to.the Agency of,any products-that it would be an impracticable, if not impossible, task to analyze the risks associated with-each of the 2,000-3,000 uses, except for ' certain distinct products which may present-unique exposure situations. Furthermore, it is not clear that it is technically possible to trace the life < cycle risks for a particular product, since at the early stages, such as mining and milling, asbestos is undifferentiated and may be used in any number of different end products. ' Accordingly, EPA intends to-analyze as a whole all th health risks associated with asbestos. The Agency's risk assessment will document major risks that occur within stages of the asbestos life'cycle. Individual situations will be described that illustrate these stages. For certain situations, such as in some of the well studied asbestos workplaces, more precise estimates will be possible than in other situations. This type of risk assessment would show that risks occur generally from exposure to asbestos, rather than from any particular product because of the characteristics of that product. . EPA requests comment on the general 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 will address the following issues: (lj the basic need for the product in tiie marketplace; (2) the performance capabilities of substitutes; (3) the present and anticipated availability of substitutes; (4) the cost of substitutes; and (5) the health and environmental hazards associated with substitutes. The evaluation of hazards from substitutes generally will be limited to a qualitative analysis. The economic analysis will include an economic profile of the industry and an examination of the potential impacts of any proposed controls. Key factors to be examined include: (1) industry structure and concentration; (2) pricing; (3) production volume; (4) current employment; (5) energy consumption; (6) income distribution; (7) growth, profitability, unpublished health and safety studies validity of its risk assessment approach! , and capital availability; and (8) market on asbestos. and solicits suggestions for alternatives segmentation. 60064 Federal Register / Vol. 44, No. 202 / Wednesday, October 17, 1979 / Proposed Rules Regulatory Control Options The Agency is considering the following regulatory approaches to prevent and reduce unreasonable health risks at all stages of the asbestos life cycle. First, the Agency might promulgate prohibitions on the manufacture, processing,-and use of specific asbestoscontaining products or product categories. The products or categories-to be controlled would be determined on the basis of a category or product specific analysis of-socioeconomic' factors. Possible controls might include banning the manufacture and use of asbestos-containing textiles, roofing paper, or brake linings. One disadvantage of this approach stems from asbestos fiber demand which reportedly exceeds current supplies. If this situation persists, fibers orginally destined for a banned product might .be transferred to increase production of unrestricted products. Such a transfer could offset the . reduction in asbestos-use anticipated under the product use ban. The situation would only change after a large number of asbestos-containing products and uses were banned. Another disadvantage of the specific product restriction approach is that it could generate voluminous exemption requests. Although well defined exemption criteria could minimize the number of requests, the demand on EPA resources could be significant. Despite these drawbacks; this option should still enable EPA to reduce and prevent many exposures associated with nonessential asbestos products. - Under the second approach, EPA could promulgate regulations setting limits on the amount of asbestos mined in the United States and imported annually. Alternatively, the regulation could restrict the amount of asbestos processed annually in the United States. The net risk reduction and prevention from either alternative should be about the same. In selecting between thm, EPA-would consider such factors as economic impacts and resources necessary for enforcement Either alternative within this approach would be supported by a general or representative socioeconomic analysis of the proposed asbestos controls. In essence, the second approach would establish a ceiling on the amount of asbestos used in the United States. This ceiling could be reduced gradually until it reaches a level which the Agency's socioeconomic analysis indicates is necessary for essential asbestos-containing products and uses. This approach would allow industry to determine which products and uses to eliminate. EPA would still be assured of reduction in asbestos use and - environmental build-up. The disadvantage of this approach is that there is no guarantee of eliminating products which present a particularly high risk; For example, if ajproduct with easily released fibers commands a relatively high price, it might remain in the marketplace much longer than if it was regulated specifically. Under the third approach, the Agency might select a,combination of the preceding approaches to take maximum advantage of their desirable-features. The key differences between the two approaches are (1) whether EPA or industry determines which'pro ducts are eliminated, and (2) whether specific products or overall quantity of asbestos fibers are regulated. EPA m ay prefer to allow industry to determine which ; products to eliminate and'how to allocate available.asbestos fibers. In order to provide this opportunity, the Agency may select production/import limits "as the primary control option. Depending upon the outcome of socioeconomic and substitute analyses, EPA might reduce the initially established ceiling limit annually by 5 to 20 percentuntil an appropriate level is reached where all remaining fiber use is essential. In conjunction with the production/import rule, EPA might also ban a few selected products' to ensure speedy elimination of items or uses presenting particularly significant risk. Possible candidates for bah include, millboard, commercial papier, and certain friction products. All regulations developed by the Agency under any of these approaches will be designed to minimize adverse impacts on the asbestos industry and asbestos users. To this end, the development of implementation schedules will allow for reasonable transitions to substitutes and orderly phase-o.ut of asbestos processing equipment j . Phased Approach ofAnalysis The widespread use of asbestos makes evaluating substitutes, assessing economic impact, and examining other factors necessary to support regulation a difficult and time consuming process.. Therefore, the Agency is conducting regulatory assessments in a systematicmanner on all asbestos product ' categories. The following-product categories account for the major portion of asbestos used in_1978: Paper products including certain roofing and flooring products, other flooring products, asbestos-cement pipe, asbestos-cement ' sheet, friction products, plastics, packing and gaskets, coatings and compounds, insulation and textiles.5Of these, EPA has selected asbestos'paper products and automobile and light truck brake linings as initial candidates for analysis and possible rulemaking. According to various estimates of asbestos use in 1978, paper products account for approximately 30-40 percent of the total asbestos consumption. Much of asbestos paper is used to make 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 for brime electrolysis cells; corrugated paper sheets -and blocks fifr use in appliances and other applications; underlayments for sheet vinyl flooring; gaskets; beverage filters; molten glass handling equipment; and general heat/fire-proofing components. Many of these uses have reasonable substitutes. For example, roofing felt can also be made with organic and fiberglass fibers at 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.e., production of the brake linings), but also during use and servicing of brakes. Several automobile manufacturers are already using nonasbestos clisc brake pads with plans to ultimately convert totally to nonasbestos pads. Nonasbestos shoes for drum brakes have been more difficult to develop but some manufacturers believe that they are near to developing a commercially acceptable substitute. Existing Sources o fAsbestos Exposure Although risk associated with newly processed asbestos may be substantial, the continuing aggregate risk associated with existing and past asbestos use may be equally and possibly more significant Unfortunately, reducing risks from the latter group is more complicated than reducing new risks because of difficulties in identifying all the related exposure sources, the lack of feasible control options for many sources, and the large costs associated with removing and replacing existing 5Clifton, R. A.. Asbestos-Minera/ Commodity Profes, U.S. Department of the Interior, Washington D ., July 1979. Federal Register / Vol. 44, No. 202 / Wednesday, October 17, 1979, / Proposed Rules 60065 products. Some existing asbestos products, however, are amenable to evaluation and control. For example, asbestos has been widely used for insulation in schools and other buildings. In some of these buildings the insulation has deteriorated and fibers are entering the air in the buildings. EPA is currently investigating whether to require surveys of public.schools for asbestos and appropriate control actions wherever exposure problems are identified. This action was announced in another ANPRM published in the Federal Register on September 20,1979 (44-FR 54876). Other existing uses of asbestos will be examined where practicable during subsequent stages' of the asbestos regulatory investigation. Possible candidates include all public buildings and merchant ships. Information Gathering under Section 8(a) ofTSCA EPA is developing a section 8(a) rule to help gather information needed for this investigation. The information will be usd to determine appropriate regulatory action under TSCA as well as under other laws administered by EPA 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; and how the section 8(a) rule should be designed. Under section 8(a), EPA could require --maintenance of records and reporting by persons who mine or mill asbestos, process asbestos (including making asbestos-containing products), and import asbestos or asbestos-containing products. Insofar as the information is known to, or reasonably ascertainable by those persons, the Agency could- require reporting of information about any aspect of asbestos manufacture and processing. Possible reporting topics include the composition of asbestoscontaining products, the uses of 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 8(a) rule could be designed in several ways depending, in part, on the control strategy selected by the Agency. A single rule might require one-time reporting of information, while a series of rules might require phased reporting by industry segments. Either type of rule could establish different reporting requirements for the various groups or persons (i.e., millers. processors, importers of asbestos) subject to the rule. A rule might require immediate submission of some information while retaining th authority to reqest other specified information by letter at a later date. The possible scope of a section 8(a) rule is discussed in more detail in the issue section below. Citizens Petition Under section 21 ofTSCA, a citizen may petition EPA to initiate a proceeding for the issuance, amendment, or repeal of a rule under various provisions of the Act. On June 21,1979, the Agency received such a petition requesting that a proceeding be initiated to restrict future use of asbestos-cement pipe in drinking water supply-systems. This request is . t compatible with the Agency's plans,-as announced in this Notice, to initiate a comprehensive investigation of commercial and industrial asbestos uses including asbestos-cement pipe. The Administrator's response to the petition notes that the evaluation of health effects information on risks resulting from the ingestion of ashestos is not yet complete. It also states that the Agency has just begun gathering exposure and socioeconomic information on asbestos-cement products. Thus, it is not EPA's intent to include asbestos-cement pipe as a candidate for initial rulemaking. Nonetheless, because the Agency has initiated investigations to support a decision on whether to regulate asbestos-cement pipe under TSCA, the Administrator granted the petition. Issues Several issues must be resolved during this asbestos rulemaking process. EPA invites comments on.the following issues and any others which might be relevant. 1. Health Effects o f Substitutes. To adequately assess substitutes for ~ asbestos, EPA requests health, environmental and socioeconomic information on substitute materials. This information has two purposes; (1) it will allow an informed analysis of the.health effects of the substitutes for comparison with the (known hazards of asbestos, and (2)'it will enable a balanced consideration of the environmental, economic, and social impact of any action taken by the Agency. We are particularly concerned with materials, such as fibrous glass, that might have physical dimensions and ' characteristics very similar to those of asbestos fibers, but differ only in chemical composition. EPA is aware of relevant research, especially the studies" by Stanton * 67- 8Pott 9- 101*3and others.11- 11 '* " 15These studies suggest that the length and width of (fibers or the ratio qFthe width to the length may be more important than their chemical composition in determining carcinogenicity. More specifically, current research findings suggest that fibers with diameters less than or equal to 1.5 microns and lengths between 5 and 60 microns are likely to have greater fibrotic and carcinogenic potency than fibers falling outside these ranges. Consequently, we plan to adopt a policy that nonasbstos fibers with physical dimensions within these ranges are not appropriate substitutes unless 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 o f a Section 8(a) Rule. To -develop regulations for asbestos sources, the Agency must gather and 6Stanton. M. F. Layard M. `The carcinogenicity of fibrous minerals." Proceedings of the workshop on asbestos: definitions and measurements methods held at NBS, Gaithersburg. Maryland. July IB-20, -- 1977. National Bureau of Standards Special Publication 508, November 1978. 'Stanton, M. F. "Some etiological considerations of fiber carcinogenesis." In: Bogovski P. Gibson J. C.. Timbrell V. Wagner J. C,, eds. Biological effects o f 'asbestos. Lyon: International Agency for Research on Cancer (IARC Scientific Publication number 8). 1973: pages 289-294. , . s Stanton, M. F.. Layard M .Tegeris A. Miller E. May M. Kent E. "Carcinogencity of fibrous glass: - pleural response in the rat in relation to fiber dimension." J. Nat. Can. Inst. 1977:58(3). PotLF. Huth F. Friedricks K. H. "Results of animal carcinogenesis studies often applications regarding human exposure." In: NIOSH symposium on occupational exposure to fibrous glass. University of Maryland. 1974. National Institute forOccupational Safety and Health. 1977 (DHEW publication number (NIOSH) (76-151). " Pott F, Huth F. Friedricks K. H. `Tumoren der matte mnach i.p. injektion von gemahl-enem chrysotil und benzo (a) pyren." . " Wagner J. C.. Berry G. "Mesothelioma in rats following innoculation with asbestos and other materials." B. J. Can 1969; 23: pages 567-81. 11Wagner J. C.. Berry G-. Timbrell V. "Mesotheliomas in rats often innoculated with asbestos and other materials." B. J. Can 1973; 28: pages 173-85, 13Wagner J. C.. Berry G. Timbrell V. "Mesothelioma in rats following the intrapleural innoculation of asbestos." In: Shapiro H. A., ed. Pneumoconosis. Proceedings of the international conference. Cape Town: Oxford University Press, 1970: pages 216-19. " Wagner J. C., Berry G. Skidmore J. W. "Studies of the carcinogenic effects of fiber glass of dif ferent diameters following intrapleural innocu lation in experimental'animals." In: NIOSH sym posium on occupational exposure to fibrous glass, . University of Maryland, 1974. National Institute for Occupational Safety and Health, 1977. (DHEW publication number (NIOSH) 76-151). ,s Smith, W. E,, Hubert D. D. "The intrapleural route as a means for estimating carcinogenicity." In: Karbe E., Park J. F., eds. Experimental lung cancer. Carcinogenesis and Bioassays. New York: Springer-Yeriog, 1974: pages 92-101. 60066 Federal Register / Vol. 44, No. 202- / Wednesday, October 17, 1979 / Proposed Rules analyze a variety.of information concerning asbestos. Various EPA program offices have already accumulated a considerable amount of data' through previous studies. These data will be used as much as possible. However, the Agency anticipates that it will need additional data for regulatory decision-making. The additional data includes recent production, market, substitute, exposure and health effects irifbrmation. The Agency hopes to . acquire some of this information through submittals by industry and other knowledgeable people in response to . this ANPRM. EPA has also specifically contracted for studies to reviw the state-of-the-art knowledge and to develop new environmental and, economic data. ' Insofar as these nonregulatory avenues (e.g., this ANPRM, contractor studies, and other informal information requests) do not provide, or are not likely to provide sufficient information, the Agency will promulgate a section 8(a) rule. The'issue at hand regards the appropriate .scope of the section 8(a) rule.,The Agency would like to minimize reporting.hurdens on industry. To this end, the promulgation, of such a rule and its potential content, will be influenced by responses to this ANPRM and informal Agency requests and by the need for confidential business, information or other data not likely to be provided on a voluntary basis. Relationship With Other Federal Laws 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 Health Administration (MSHA) regulate workplace exposures, the Department of Transportation (DOT) regulates the commercial transport of asbestos, the Food and Drug Administration (FDA) regulates the use of asbestos by the food and drug, industries, and the Constimer Product Safety Commission (CPSC) regulates consumer products containing asbestos. EPA has established National Emission Standards for Hazardous Air Pollutants (NESHAP) for several asbestos sources under the Clean Air A c t16, 42 U.S.C. 7401 et seq.j and is considering additional asbestos air emission standards. EPA is developing effluent ' These standards included certain work prac tice requirements which the United States Supreme Court in Adamo v. Train, 98 St. Ct. 566 (1978), found to be invalid. The Clean Air Act was amend ed by Congress in 1977 and 1978 to provide EPA with the authority to prescribe and enforce work practice standards. These asbestos standards are being promulgated again by EPA. guidelines regulating wastewater discharges of asbestos and a water quality criterion under th Federal Water Pollution Control Act, 33 U.S.C. 1251, et. seg., as amended1in 1972 and 1977. EPA is also considering additional regulation of asbestos in drinking water under the Safe Drinking Water Act;'42 U.S.C. 300f et seq. The Agency may also develop regulations for asbestos waste management under Subtitle ,C of the' Resource Conservation arid Recovery , Act, 42 U.S.C. 6921 to 6931. Under section 9 of TSC^., 15 U.S.C. 2608, the Administrator will consider- wheiher risks from asbestos exposure could be reduced to a sufficient extent by actions taken by other agencies under other Federal laws. The Administrator will also consider whether rules promulgated under other EPA authorities could address the asbestos problems more effectively. To maximize the effectiveness of this proposed rule, EPA is coordinating with ' several agencies both directly and through the Interagency Regulatory Liaison Group (IRLG). These agencies iriclude the Food and Drug . Administration, Consumer Product Safety Commission, Department of Agriculture, Mine Safety add Health Administration, and Occupational Safety and Health Administration. i 1 Public Participation ! The Agency plans to conduct this investigation and rulemaking in compliance with the public participation section of the FR Notice entitled "EPA: Improving Regulation; Final Report Implementing E .0 .12044" (44 FR 30988, May 29,1979). Before and after publication of any notice of.proposed or final rulemaking in the Federal Register, EPA will identify and meet with public interest groups, industry, rgional, State, and local governments ana other interested groups to obtain their views on regulatory needs, the Agncy's approach, and technical issues. Information exchange will^be facilitated through various public participation mechanisms, including public meetings and public hearings at appropriate : locations around the country. A financial compensation-program for public participatiori will be available to applicants meeting eligibility criteria. The funds may be used for the cost incurred in commenting on proposed rules after publication. A Notice of Availabilityuf Grant Funds will be published in the Federal Register ' announcing the financial comperisation program, eligibility criteria, level of funding, and the procedures for applying for reimbursement. i Public Record * EPA has established'a public record for this rulemaking (docket number OTS 61005) which, along with a complete index, is available for inspection in the OTS Reading Room from 9:00 a.m. to 4:30 p.m, on working days (Room 477, -East Tower,. 401 M Street, S.W., \ Washington, D.C., 20460). This record includes basic information .considered ; :by the Agency in developing this ANPRM. The Agency will supplment 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 th proposed rule. . . 3."All relevant support documents and studies (including economic analyses performed for the purpose of defining small business as prescribed by section 8(a)(3)). ' 4. Records of all communications between EPA personnel and persons - outside the Agency pertaining to the development of this rule. (This does not include any inter- or intra-agency memoranda unless specifically noted in the index of the rulemaking record). 5. Minutes, summaries, or transcripts of any public meetings held to develop this rle. . - ' EPA will identify the-completed rulemaking record on or before the date of promulgation of the regulation, as prescribed by section 19(a)(3) of TSCA, and will accept additional material, for inclusion in the record at any time between this Notice and such designation. The final rule will also permit persons to point out any errors or omissions in the record. Questiorisand Information Needs - To assist the Agency in gathering information for regulatory decisionmaking, EPA invites comments, on, and responses to; the questions and information requests that are listed here or are discussed elsewhere in this. Notice.* 1. The Agency solicits suggestions . relating to'the definition of several key terms identified below as well as other terms members of the public consider important to regulatory decision-making. * CSPC, in an Advance Notice of Proposed Rulemaking appearing elsewhere in .this issue of the Federal Register, announces a program to " " .. ` investigate the use of asbestos in consumer products. As part of this investigation, CPSC will solicit information through a variety of voluntary and regulatory means. To reduce potential reporting burdens on industry, CPSC will take into account response to EPA'squestions when tailoring the Commission's requests for information on (he use of asbestos in consumer products. Federal Register ;/ Vol. 44, No. 202 / Wednesday, October 17, 1979, / Proposed Rules 60067 To the extent possible the'Agency would like our definitions to conform to generally accepted usage. The terms to be defined include: (1) asbestos, [2] . encapsulated fibers, (3) locked-fibers, (4] easily released fibers, and (5] friable materials. . . . 2. The Agency is requesting all. unpublished, data or estimates relating to human exposure and'to human health risks from exposure to asbestos during mining, manufacturing, processing, use, and disposal for all asbestos products including the following product categories: (a) Asbestos paper, including roofing and floor underlayments; (b) Friction products; , . , (c) Asbestos cement sheet; (d) Asbestos cement pipe; .. / . (e) Textiles; . (f) Flooring; ` (g) Gaskets and packings; "" (h) Paints, coatings arid sealarits; (i) Asbestos-reinforced plastics. The information submittals, should include data on exposure of both workers and people near mining, manufacturing and probessirig facilities. Where data might be extensive, covering several years, many work stations or many sampling points, summaries which include appropriate statistical analysis would be sufficient..' Data of interest include present and future estimates of: (a) The number of people' exposed; ' (b) The routes; duratiori and frequency of exposure; : (c) The intensity of exposure (fiber ' concentration preferred); / ' (d) Fiber size distributions; (e) Fiber types; ' . ' (f) Relative and attributable risk estimates for all cancers of specific organs and nonneoplastic respiratory . diseases; (g) 'Variations in risk by age,'sex, smoking status, duration arid iritensity of exposure, fiber types, arid time from onset of exposure; and (h) Technical controls currently used to monitor and control-exposures to asbestos at the plant site. 3. Based on preliminary information, a list.of asbestos-containing 'commercial and industrial product'categories is presented in the Appendix to this Notice. The extent of human exposure to asbestos fibers from these products depends on many factors including the releasability 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'release. ' asbestos fiber's during normal use, , , installation, maintenance, removal, or - plausible mishandling are of particular concern during the use segment of the life cycle. Categories, containing. products'which PA believes may fall- into this classification are noted with an asterisk in the Appendix.. Identification of these products was based not upon- testingfrut upon generally available ; . information. The Agency is interested in determining the necessity .of using -, .. asbestos in these products. The Agency, requests the following information on these products and other asbestos-" containing products. (a) Do these products contain asbestos? . (b) What is the purpose of asbestos in the product; what is the asbestos - content by percent of total composition - and weight; arid what is the asbestos k- fiber type, size and shape? (c) What are the figures for annual production and sales of the product, and the annual amounts of asbestos used in each product? ` (d) What is the value of the product and the cost of-the asbestos used in that product? (e) What exposures are expected during the manufacture of the asbestos- containing product; and what are the . expected exposures associated with each use? (Rate of fiber release, frequency, duration, population exposed, and conditions of use.) (f) What point source and non-point , source discharges of asbestos to water are'associated with the processing of asbestos fibers, manufacture and use of asbestos-containing products (e.g., quantity, concentration)? (g) What amounts and types of asbestos-containing wastes are generated in connecton with ' ' ' / manufacture of the product; and what ' methods and sites of storage, treatment and disposal are currently used for those wastes? (h) What a're the product.life, and expected removal and disposal ` techniques for each use? What type of disposal sites are used? 4. The Agency is requesting the following information regarding the industry structure. (a) What are the current trends in the use of asbestos and asbestos-containing products? ..... (b) Is the market stable? (c) What size and type of industry is most likely to be affected by regulation . of asbestos under TSCA? (d) What effects on industry, structure; would be anticipated from regulation . under TSCA? ' (e) What effects on employment can *be anticipated from asbestos regulation u,nder TSCA? - 5. The Agency is requesting the following information regarding substitutes for asbestos and asbestos- containing products. Manufacturers of substitutes are particularly encouraged to submit information.. :(a) What substitute substances are . presently available or currently under development for asbestos in paper ; products (including roofing felts and floor underlayments), friction products, flooring, plastics, cement, sealants and other commercial and industrial products? (b) What substitute products are presently available or currently under , development for asbestos-containing products in the categories described above? . ' (c) What are the performance ' characteristics of these substitute substances and products as compared to asbestos-containing products? (d) What unpublished data are available regarding human exposure to, and health effects of substitutes for asbestos-containing products? (e) What is the price differential between asbestos or asbestos- containing products and their substitutes? (f) How long will it take to convert to production and use of alternatives? Please comment on a product-specific or product category-specific basis: - (g) To what extent can present makers, of asbestos-containing products change to substitutematerials? Gan this conversion be accomplished using existing asbestos production facilities? What will the cost of the changeover be in terms of capital and operating costs? (h) If existing facilities cannot be 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 and introduction of new products? 6. What categories or individual products and uses containing asbestos do not present a health hazard to users? Why? 7. W hat asbestos-containing individual products or categories might be considered essential-because of significant benefits and/or lack of reasonable substitutes? What are the specific benefits and costs and how should they.be weighed? 8. Is the state-of-the-art for asbestos identification and quantification (phase' contrast or electron microscopy) analytically adequate and economically feasible-to establish numerical standards for fiber release and exposure resulting from the production of . . asbestos-containing products, their use and disposal? Can airborne fiber levels 0068 Federal Register / Vol. 44, No. 202 / Wednesday, October 17; 1979 / Proposed Rules be measured a t l 0 2fibers/m3,1 0 s fibers/ m 3, 104fibers/m3, or 10s fibers/m3,iand can waterborne fiber levels be measured at 103fibers/liter, 104fibers/liter, 10s fibers/liter, 10fibers/liter or 107fibers/ liter? Should the level be expressed as total fibers or as fibers greater than a specified length or aspect ratio? Are other parameters more appropriate [e.g., total mass release, etc.)? 9. What unpublished data are available regarding ambient levels or asbestos in air and water and asbestos exposure from various noncommercial asbestos sources such a s'drinking water ' supplies dhd naturally occurring asbestiform rock? 10. EPA 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 for which a .company claims confidentiality? Authority: Secs. 5 and 6 of the Toxic Substances Control,Act (TSCA).(90 stat. 2003; 15 U.S.C. 2601}. Dated: October30,1979. . Douglas M. Costle, Administrator. APPENDIX A. A utomotive Repair * , 1. Mufflers.* 2. Brake linings * 3. Clutch facings * 4. Custom auto body filler * 5.*Metatl d- eadl ener * B. -Household Material's 1. Appliance wiring * 2. Counter.surfaces * 3. Electrical cord * 4. Filler for shoe soles * 5. 'Floor tile * 6. Hair dryers * 7 Heat protective mats, * 8. Iromngboard pads and covers * 9. Lamp mantles * : , ' 10. Lamp sockers -* ,, , XL. Potters' kilns * r 12. Slow pookers 4 , , " 13. To1asters **' ' , >,, - > C.Safety,Bquipment J ' ' r 1. Aprons * 2. Arm projectors .*s 3. -Blankets, * , . 4. Boots * '5. Caps * 8. Clothing *' , / 7 Curtains'*' 8. Draperies * 9.'Gloves * 10. Hats * , .. , , , i *' , ' 1 * indicates that product? within the category potentially contain easily releasable fibers. Note,--Not all of the products m each identified Category a'rebelieved to contain asbestos. 11. Helmets *.. 12. Hoods * 13. Mittens * 14. Overgaiters * 15. Sleeves * 16. Suits * 17 Umbrellas * 1 D. Recreational Activity 1. Aerial distress flares * 2. Ammunition shell wadding * 3. Catalytic heater mantles * 4. Tent'gromets * 5. TV sets and projector equipment * E. Home Building Repairs ., 1. Latex paints * ) 2..Texture paints * , F. Commercial Applications 1. Aluminized cloth * 2. Bags * 3. ' Bearings * 4. Belting * -5. Blocks * 6. Boards * 7 Braid * 8. Buffing and polishing compounds * 9. Cloth* 10. Cord * 11. Diaphragms * 12. Drier felt * 13. Drilling fluids * ,14. Fabrics * 15. Felt.* 16. Filtering materials * -17 Metallic cloth * 18. Millboard * 19. Paper * 20. Pipe and boiler covers * ' 21. Pottery clay'* 22. Plywood patch * 23. Sheet flooring * 24. Table tbps * 25. Tape * 26. 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 * 6. Clapboard * 7. Roofing * 8. Shingles * 9. Siding * 10. Tile* "* H. Molded Products 11 I. Gun grips'" 2. Filler and reinforcement in plastic * 3. Pond liners ' - - 4. Phenolic laminates 5. Resins 6. Rheostat backing I. Roofing Materials 1. Aluminum roof coating 2. Roof.patch 3. Roofing felts * > - , 4. Roof preservative J. Sealants and Mastics for Consumer anc Commercial Use 1. A /C`pipe joint sealant 2. Adhesives 3. Caulking compounds and putty * 4. Fumance cement 5. Glazing compound 6. Radiator sealant 7 Varnish * [FR Doc. 79^32038 Filed 10-16-79; 8:45 am) BILLING CODE' 6560-01-M