Document dn1DGmVRq2LYgK9rM82on92YQ

FRICTION MATERIALS STANDARDS INSTITUTE, INC FEDERAL REGISTER NOTICE OF DECEMBER 19, 1984: EPA RESPONSE TO PETITION FILED BY NATURAL RESOURCES defense council to prohibit the use of asbestos in automotive brakes 40 CFR Part 763 commence a civil action in a district when dust is blown out of brake drums 10PTS-211015;TSH-FRL 2724-SI Asbestos; Response to Citizens' court of the United States to compel EPA to initiate a rulemaking proceeding' ' as requested in the petition. Any such being replaced, when brake linings are roughened to increase friction properties, and when brake shoes are Petition ' civil action must be filedwithin 60 days relined. - AGENCY: Environmental Protection Agency (EPA). action: Response to Citizens' Petition. after EPA's denial of the petition or, if EPA falls to grant or deny the petition within 90 days-after the petition is filed, within BO dayrfollowing expiration of Use of asbestos-in vehicle brakes may also result in increased asbestos fiber concentrations in the ambient air. For example, EPA baa evidence.that motor summary: The Environmental Protection the 90-day response period. - vehicle braking most likely contributes - Agency (EPA) is granting a petition filed D. Evaluation ofthe Petition under section 21 of the Toxic ' between 0.23 to 1.3 percent of the . .concentration of asbestos in the ambient Substances Control Act (TSCA) by the A. Introduction ' ' ' air (Ref. 7). Both general population and Natural Resources Defense Council, lnc workplace exposures to asbestos fibers to prohibit the use of asbestos in - automobile and truck brakes. EPA has .' commenced an appropriate proceeding On September 12,1984, EPA received a petition from the Natural Resources Defense Council, jnc. (NRDC), - -- from its use in brakes may result in an increased number of asbestos-related illnesses, including cancer. to address the risks which may be posed by this use of asbestos. ." date; Submit written comments on or before March 18,198?. requesting that EPA prohibit the further use of asbestos in automobile and truck brakes under section 0 of TSCA. The petition requested a prohibition-of , asbestos in both brakes for new cars . C Avoiiobiiity OfSubstitutes The petitioner asserts that _ economically and technically feasible ' substitutes, most prominently . address: Submit written comments in . and trucks and in replacement'brakes aemimetaUic friction materials and ` triplicate identified by the document . . for existing vehicles. The petition argued ' aremid fibers, are available to replace control number (OPTS-211015) to: TSCA Public Information Office (TS-793), . ' Office of Toxic Substances, that the rides posed by arfbeatos in brakes are unreasonable and that - economically and technically feasible asbestos in brakes. EPA has.analywd the availability ofsubstitutes for many asbestos products,including brakes, end Environmental Protection Agency, Rm. substitutes are available. . ' that analysis ^ summarized in E-107,401 M. SL, SW,, Washington, D.C. 20480. A copy of the petition and related information (with any confidential business information deleted) is located in: Room E-107, Environmental Protection Agency, 401 M SL, SW., Washington, DC 20460. In order to promulgate any Tides under TSCA section 6. the Agency must ' consider a number of factors, including. among other things, the effects of a chemical substance on human health and the magnitude of exposure; the ' benefits of utilizing the substance; and ' the availability of substitutes for the use Appendix A of the "Regulatoiy Impact Analysis of Controls on Asbestos Products" (Ref. 2), which is included In the public record established for NRDCs section 21 petitioa-EPA acknowledges that new substitutes far -asbestos use in brakes are being . . developed and that EPA's analysis ' This material is available for viewing or uses of the substance being assessed. (summarized below) may not include and copying front 8 a.m. to 4 pan., 15 U.S.C. 2605(c)(1). The Agencyhas Monday through Friday, excluding legal conducted a review of the available - holidays. ... information pertaining to the use of FOR FURTHER INFORMATION CONTACT: asbestos in brakes, including the ' Edward A. Klein, Director, TSCA -' information in NRDC's petition. A ' Assistance Office (TS-799), Office of summary of that review, including an Toxic Substances, Environmental . evaluation of the risks posed by this use Protection Agency. Rm. B-643.401 M SL, and toe availability of substitutes, is SW., Washington, D.C. 20480, Toll-free: presented below. ;' . (800-424-9065). In Washington, D.C.: (554-1404), B.Hisk Presented byAsbestos ... recent developments. - 1. Heavy vehicle brake blocks. Brake blocks are components of brakes that are riveted or bolted to the insides of brake shoes to provide protection against the beat and wear caused by braking. Heavy vehicle brake blocks are used on heavy duty trucks, buses, and other heavy duty vehicles. About 34 percent of all asbestos used in brakes is in this category of use. Asbestos heavy Outside the USA: (Operator--202-554 1404). ' SUPPLEMENTARY INFORMATION: Asbestos is a demonstrated human '' carcinogenthat causes lung cancer and mesothelioma (a cancer of the chest and vehicle brake blocks account for about 99 percent of the market for heavy vehicle brake blocks. . Until recently, the only commercially 1. Introduction ' abdominal linings), ks well as other lung available substitute for asbestos heavy Section 21 of the Toxic Substances Control Act (TSCA), 15 U.S.C.^62o; disorders. People are exposed to asbestos throughout the life cycle of the vehicle brake blocks was a aemimetaUic brake block using brass and zinc chips provides that any person may petition substance--when asbestos is mined, in an organic binder, ft is not considered the Administrator of EPA to initiate a milled, processed, fabricated into - ' as good as asbestos because it performs proceeding for the issuance, . /industrial and consumer products,' and erratically at different temperatures. It is amendment, or repeal of a rule under 'when those products are used, repaired, also considered inferior to the asbestos various sections of the AcL EPA may and disposed of. .. brake block in resisting wear and hold a public hearing or may conduct an With regard to the use of asbestos in minimizing brake fede. Recently, aremid appropriate investigation to determine ' brakes, it has been estimated that about fiber products, such as Kevlar, have whether the petition should be granted. 2,750 people are potentially exposed been introduced, but aramid fiber EPA must either grant or deny the ' petition within 90 days: If EPA grants the petition, EPA shall promptly during primary manufacturing of brake friction materials, and that about 550,000 people are potentially exposed to . - products are now more expensive than asbestos products, and there is not sufficient evidence to determine commence an appropriate proceeding. If asbestos during servicing and repair of whether aramid fiber products will be as EPA denies the petition, the reasons for vehicle brakes (Ref. 6). For example, effective as asbestos in this application. denial pnusl be published in the Federal persons in brake service and repair Information tuggests that such products Register, andfhe petitioner may- shops typically are exposed to asbestos may last longer than asbestos-based FMSI-0413 FMSI02573 products, but verification of this information a well as information on price and efficacy of the products are needed before EPA can determine whether continued use of asbestos in brake blocks presents an unreasonable risk. ' ?_ Light andmedium vehicle drum. brake linings. Drum brake linings ore made of friction materials which cover curved metal shoes in a drum brake. - About'46 percent of all asbestos used in brakes is in tbit category of use. light . vehicle asbestos drum brake linings may be used in both the front and rear brakes of light and medium vehicles, primarily on the front wheels. However, most passenger vehicles still use drum brake linings on the rear wheels. At least 90 percent of drum brake linings are still asbestos. . Until recently the only substitutes for asbestos brake linings which appeared to have any potential were semimetallic brake lining*. However^ these products tend to perform erratically at different . temperatures, fade, and produce more noise than asbestos-based linings. More recently, brake linings made with aramid fiber have been developed. . However, these are more expensive than the asbestos product'and there is not currently enough information ' available to judge the performance oT aramid fiber brake linings. Furthermore, EPA's evidence indicates that lairge volume production of aramid fiber brakes may require substantial retooling by brake manufacturers. Therefore, aramid fiber brakes may not be available in substantial quantities for several years. ' 3. Heavy vehicle disc brake pads. , Disc brake pads are steel plates lined with friction materials which rub against a rotor. Heavy vehicles rarely uae disc brakes. About'0.1 percent of all asbestos used in brakes is in this category of use. SeuumetpIIic disc brake pads are ' about 20 percent more expensive than the asbestos disc brake pads but they Isst about 30 percent longer. The semimetallics disc brake pads are not considered to be good general - ' replacements for asbestos disc brake pads for heavy vehicles because semimetallics perform better than asbestos only in hostile, high-friction, . high-heat environments. 4. Light and medium vehicle disc . brakepads. These are the same as disc brake pads for heavy vehicles, except 'they are smaller. About 20 percent of all asbestos used in brakes is in fills category of use. In the disc brake - market semimetallic brakes have already made larger inroads, and as in the drum brake linings market, aramid- based brakes are just beginning to be introduced. Approximately SO percent of discs brakes in the original equipment on new substitute products that ere market are asbestos and SO percent are currently being developed. The Agency semimetallic. In the replacement brakes has an ongoing workgroup, which will after-market approximately 70 percent review these comments, will continue to of disc brakes ere asbestos and 30' investigate the availability of effective percent are semimetallic. asbestos-free substitutes for use in , Semimetallic disc brakes cost - vehicle brakes, and consider approximately 3 times as much as the . appropriate options to address therisk asbestos disc brake pads, but they last presented by asbestos in brakes, about 40 percent longer than the . ' asbestos pads. .Semimetallic disc brake IV. Record pads cannot substitute for asbestos disc EPA has established a record lor brake pads In eveiy application because - informationrelating to the NRDC of inferior performance characteristics. petition. The record includes ' EPA has information indicating that informationconsidered by EPA in semimetallic disc brakes should be used developing ibis response and consists of only in cars with power brake systems the following categories of information:. because otherwise the semimetallic (1) The NRDC petition. brakes may not provide enough stopping' (2) Appendix A ofthe'`Regulatory power. EPA also has Information that - Impact Analysts of Controls on the semimetallic brakes are slightly inferior because the user has to. push Asbestos Products." (3) Other information on substitutes harder on them before they ire warmed for asbestos in brakes. up to get the same performance as with (4) Information received from the asbestos brakes. public concerning thepetition. EPA ir-aware that a good deal of - product research is being done to ' . develop affective substitutes for asbestos in brakes. EPA is seeking - additional information on substitutes for asbestos in brakes. . . I ! (5) Memoranda summarizing meetings and telephone conversations with the public concerning the petition. , (6) Appendix j of the "Regulatory Impact Analysis of Controls on Asbestos Products." (7) Appendix N of the "Regulatory 111. Conclusion ! Impact Analysis ofControls on EPA has decided to grant NRDCs . petition becuase the Agency believes that the use of asbestos in brakes does present ritks.to human health. EPA is initiating a proceeding to gather information on the desirability and feasibility of reducing risks associated with the use of asbestos in brakes. EPA will analyze the exposure from uses of. asbestos, the risk presented bythose uses, and fire substitutes for such uses. EPA will also gather information of the Asbestos Products." A public version of the reoord, without any confidential business information, is available to the public In the Office of Toxic Substances Public Information Office, from 6 a.m. to 4 p.m., Monday through Friday, except legal holidays. The Public Information Office is located in Rm. E-107,401 M St.. SW., 'Washington, D.C. Dated; December 14. IBM. William D. Ruckalshaus, price, efficacy, and availability of Administrator. substitutes for asbestos in brakes. After JFR Doc. *4-33120 Filed 12-17-64; 1:14 pm] analysispfehis information, EPA will determine wbat further action is ULUNtt COOg WW W m appropriate to address the risks which may be posed by this use of asbestos. Based on information reviewed to date, EPA is not prepared to make an unreasonable risk finding for an immediate ban of all uses of asbestos in brakes at this time. Effective substitutes may not be available far certain applications of asbestos in brakes and substitutes for other applications are not available in sufficient quantity because of limited production capacity. Retooling may be required to make substitutes available in large volumes. . The Agency invites the public to submit comments on issues relating to :' the petition. EPA is particularly interested in receiving information on both the current availability of , substitutes for asbestos In brakes and FMSI 02574