Document dQRpy76kbgwevYYZVzdqO9eEb

* 7Ux, i) 7 <3~ Stats op K*w Jnnaxr Plnrr*tT * gsviox*s:rv*i httwtioi Cukvio j tAOt. coifxt^oact 9.9. 99* UM facarod. a j- tMti Mt-MI MK PROPOSED REGULATION: NOTICE OF PUBLIC HEARING DOCKET NO. DEP-001-77-01 TAKE NOTICE that the New Jersey Depertneat of Environmental Protection, horeafttr referred to as the Department, pursuant a-l'SS to the authority otf Nn..jJ..Ss.Aa. 1lo3::1io0**1i et saege..., will hold a public hearing on the proposed adoption et N.J.A.C. 7:27* 17.1 et seq. CONTROL AND PtOH IBITION OF- SPR- AY-ON ASBESTOS SURFACE COATINGS. This proposal is known within the Departseat as Docket No. DEP-001- 77-01. Written and/or oral testiaoay concerning the proposed rules will be received at public hearings to be held from 9:00 a.e. to the conclusion of testimony on March 14 at: i The Hermann Labor Education Center Ryders Lane . Rutgers University New Brunswick, New Jersey ' Pull text of these rules and regulations is as follows: (OS ATTACHED) Copies of the proposal and bnsis therefor any be obtained fron, end written testimony relating thereto will be accepted prior to March 21, 1977 by: Herbert Wortrelch, Chief Bureau of Air Pollution Control Departnent of Environncntai" Protect ion P.0. Box 2107 Trenton, New Jersey 01625 . Copies of this notice, of the proposed regulations and of the basis and background docunent are being deposited and will be available for inspection during normal office hours beginning January 51 through the closing of the hearing record at: Atlantic County Hoalth Department 1200 Harding Highway . Maya Landing, Maw Jersey 9*310 U.J. tertui of Air Pollution Control 1 ftooa UOt, labor I Inuaatry lldg\ ^ Job* Pitch Plata Traatoo, Maw Jersey 0*62$ ' ' . M.J. Bureau of Air Pollution Control Metropolitan field Office 2S Route 22 Springfield, Maw Jersey 07011 M.J. Bureau of Air Pollution Control Southern Field Office S63S Westfield Avenue Pennaeukea, Maw Jersey 9*110 Warren County Health Department 1S1 West Washington Avenua Washington* Mew Jersey 07i*2 ? ? This hearing ia being told in accordance with the provisions of the Air Pollution Control Act (19S4), an anendad by Chapter 1*6 P.l. 196T (NJ.S.A. 26:2C-1 et see.)- : , , ;. The Oepartnent upon its own notion or at the instance of any interested party, nay, as provided by law, adept chase rules substantially as proposed without further notice aftar tht close of the hearing record. V ? \ Oata of this notica: .abestos-Contalninq Surface Material Util far yropwrt haiilito I. Uctarov^ - .| ! t .\ Asbestos Is the generic neat glvbm to a clast of natural fibrous sill/ cU minerals used extensively in Industry end construction. . Asbestos-containing surface coating material 1$ used In buildings for Insulation thermal a-d Jccoustic), decorating and fireproofing purposes. In nary cases, this type of surface coating is sprayed on to walls and ceilings. As a result of such spraying, appreciable amounts of asbestos fibers may be released Into the air during the application, again as the surface coating material deJerSemmbmt Uh age* and, finally, when the building Is demolished. Appropriate substitutes (In terms of physical properties and price) exist which do not contain asbestos. The purpose of the proooseo regulation is to reduce the exposure of the public to new as* bestos sources of this type. Asbestos containing Materials cat be found virtually everywhere Including homes, fanes, factories, automobiles, ships, trains and airplanes. It has been estimated to have over 3000 uses, many Of which cannot be satis fied by a substitute. Asbestos fibers In their several cowrclal forms hove been shoun to be associated with a variety of diseases. These include: esbestosls {a scarring of the lung), bronchogenic card some (a eollgnancy of the Interior of the lung), mesothelioma (a malignancy of tho chest cavity or of the Heine of the abdomen), and cancer of the stomach, ooIon and reetta (40, fed. beg. 47651, October 9, 1975). . Only the free asbestos fibers constitute a danger to health. It has been estimated that a majority (5-9?t) of end-product uses have effectively immunized the asbestos fibers by eixlng them into a strong binding mate rial , e.g., cement {EM, 1976: Asbestos, a Review of Selected Literature through 1973, PA-StO/2-7t-001). The asbestos fibers resulting from the spraying operation Itself, as well as those released from the coating over a period of time due to its friable nature, are of primary public health concern. II. Heelfb Effects of Asbestos In 1938; the u. S. Public Health SeAica first suggested an occupational standard for exposure to asbestos fibers in the air. The standard proposed was 5 million particles per cubic foot (or 30 fibers/millllUer), a standard intended to prevent asoestosls. In 1938, asbestosis wns the only disease of concern, since no data then linied asbestus exposure with cancer. In time, the score of medical concern at to the diseases resulting from asbestos exposure c*r' Jrd. In 1947, l.ng cancer was found in 13t of the individuals d- -i .. u.Le',::;iS in -reat Britain (Herewether, 19J7: Annual Report ' !,'.,ntor -;f ractor(s); and lung cance* was fjPv ? doanented *5 causally related to Hbstos exposure In 1955 (Doll, 1955: 8r. J. Ind. Med. 12:31). Mesothelioma, a rare tutor of the lining of the abdomen or chest, wes"7ound In an asbestos worker and described in 1954 (Weiss, 1954: Medlainlsche 3:63) and unequivocally associated with asbestos exposure In 19(0 (Wagner,"et al, 1950: 8r. J. Ind. Med. 17:260). Gastrointestinal ceactr was also found to be in excess among as5estos*1nsulatlon workers In the United States (Selltoff, et al, 1954: J. ta. Med. Assoc. 138:22). The federal government, pursuant to the Walsh Healy Public Contracts Act adopted a standard of 12 flbers/mllllllter (ml) In Kay, 1959. A fiber was defined as being greater than 5 microns in length. When the Occupational Safety and Health Act became effective, the Secretary of Labor proposed this level as an interim standard In May, 1971. In Oecember, 1971, a temporary emergency standard of 5 flbers/al was promulgated. The final standard adop ted fn June, 1972 was an eight-hour tine-weighted average exposure of 5 iifaers/nl with a peak value of 10 flbers/al tor a 15 aioute period. In July, 1975 the elght'hour standard wes reduced free S to 2 flbers/al. In October, 197$ a further reduction In this standard wes proposed by Occupational Safety and Health Administration (OSHA), from 2 to O.S flbers/al At that tiae, OSHA's position ms that "prudent policy would therefore seea to Indicate that every reasonable aeesure should be taken to eliainate huaen exposure to chemical compounds as soon as their carcinogenic nature Is Iden tified." (40, fed. fteg. 47551, October 9, 1975) Medical evidence indicates that brief (os short as one aonth or less) high level exposures, as well as long-term, low level exposure to asbestos leads to an Increase fn the risk of cancer (Sellkoff, Nicholson and Langer, 1972: Arch. Environ. Health; 2:1). Another study (Slllaa at al., 1975: AjwuH of New York Academy of Sciences) revealed a statistically significant excess of lung cancer amoumg a group of gold alners exposed to relatively low levels of asbestos (0.35 f/el), well below the present OSHA standard. It has also been demonstrated that people living In the same house with asbestos workers, * ire exposed to the asbestos dust carried home by the workers, face an Increased cancer risk. for some type of environmentally related hu^an cancer, It Is now well established that Interaction of multiple factors may significantly Influence the degree of risk. Although it Is widely assumed that intensity of exposure strongly Influences cancer risk, there are comparatively few direct deta apart from cigarrette smoking and radiation that support this belief or establish that a linear relationship exists. (Sellkoff, 1975: Multiple Risk factors in Cnvirormental Cancer, Persons at High "isk of Cancer) So, for example, it has been demonstrated that the risk of dying of lung cancer is 92 times greater for an asbestos worker who smokes, than for an individual who neither smokes nor wrks with asbestos. (Sellkoff, 1968: J. Am. Med. Assoc. 204:106) * lecause of the variability of Individual response to carcinogenic mete- rials and other factors, the concept of a "level of no effect" or "threshold level" nay have little significance on the basis of existing knowledge. While some level, below which exposure to a carcinogen does not cause cancer may conceivably exist for any one individual, other individuals in the pop- ulatfon <My h*vp - mrer induced by doses so low as to be rffect'vely ;ero (40, fe'J. Rr-j. jl. October At the present time, a precise "no 2- -  > ^" > . -v - v ., . . m *u- *' ' ': ^ offiet* Um\ Hr Hiwiw Iff___ _______. . _ T fact* aot ttlst (S*oM tft Ml My vMcifiM nm zoptt jfc My qflpiM''ti*t ttuctetM it* ti* mnn to mmi (IHcbolw*, IWtt AamH of tfetl i tl74-W.- *1 bo KM rtf* nt- SesMiar IS;. . ** Tb# rof*tattoo praQOMfUmotO oMcb iHottoi fHon cm ,, ... boolth. Othor rogulattOM up tfc y fftvoOoiJi OMttrs posed by Asbestos Ik oor wlroMMt l*d otll b# OofortMflt Imrltos CQMKtt Oft ttcfe oddltMl uMtn itSio itvrtfrr roHco itifltM. Tbt * ,** The promt proposal ofW iffwt wtllcatlMi i Mtostos Mtorlol H 9m Jriiifc H 1* tlifc OOMeORpot's pOW toatr* to tsbosto* flbaro mvT^bg frafJir fort atray-ot soH Mold constitute a totally t M-jVX,' .mmiomk: / 1 T *rv *3 liA '**** vi* <*- ii- * 3 - NEW JERSEY STATE DEPARTMENT OP ENVIRONMENTAL PROTECTION mt JERSEY ADMINISTRATIVE COOS Tins 7, cmi I SOBCHAPTtR 17 CONTROL AND PROHIBITION OP SPRAY-ON ASBESTOS SURFACE COATINGS 7:27-17.1 Dofinitiona ' f1 "Dapartnant" noant thi Oopartnant a Prottction. _* 3* 7:27-17.2 CtWll StOUirajanta '* onaaatal ; ' j Hi prtM ihtU CMt suff#r, illov #r permit nifki coating by spraying an tsbfttos or aabosto* containing nattrials. . , Any part** ratpanslbln for tlw mnwfjrturi. application \ or uta of any coating skall, aha* raanaatarf by<tho Dapartaant* conduct aoch tatta aa art nacaaaary in tte opinion of tip , Dapartnant to gatamiaa tba praaanco of* un a gaunt and/ov kinds of aabastoo in tba canting, fed) tints |ball ba conduct#* in a manna? appTovad by tbn bapartnait and shall ba aada at tba axpaata of tba parson rasponsiblo.