Document jgGbwyQBZgxD5qmzk5dnyD8NN

FILE NAME Brakes BRK DATE 1984 Nov 13 DOC BRK243 DOCUMENT DESCRIPTION FMSI Comments to EPA be os TELEPHONE 201 845-0440 FRICTION MATERIALS STANDARDS INSTITUTE BERGEN MALL OFFICE CENTER E. 210 ROUTE 4 PARAMUS N. J. 07652 INC November 13 1984 United States - Environmental Protection Agency TS - 794 401 M Street - SW Washington DC 20460 Subject Natural Resources Defense Council Petition to Prohibit The Use of Asbestos in Highway Brakes Gentlemen The Friction Materials Standards Institute Inc. FMSI is a trade association of twenty friction materials manufacturers in the United States with associate Members worldwide The FMSI has read the petition submitted by the Natural Resources Defense Council NRDC to the Environmental Protection Agency EPA for the purpose of prohibiting the use of asbestos in brakes for new cars and trucks and in replacement brakes in existing vehicles We wish to comment at this time on certain sections of the petition While we are not now taking a position for or against said petition we believe it is important to submit the following comments Should it be deemed appropriate these comments may be supplemented at a later date by a more depth critique We will refer to the sections as headed in the NRDC petition I - INTRODUCTION The stated reasons for the submission of the petition do not appear to be based upon irrefutable evidence Whether or not the occupational asbestos NRDC Petition -2- standards and the national emissions standards are insufficient to protect against unreasonable risk posed by asbestos in brakes is highly debatable Further the availability of economically and technologically feasible substitutes for asbestos is an issue in which the friction materials manufacturers are deeply involved The identification of such substitutes is a major ongoing program with the manufacturers and is not a completed program at this point in time II - JURISDICTION The FMSI concerns relate to plant regulations versus control of general public exposure to asbestos dust While one agency has proposed to tighten worker exposure to asbestos another is being petitioned to eliminate asbestos in friction materials The disparity between these two situations could well create implementation and economic problems for friction materials manufacturers If asbestos is to be regulated out of friction materials the manufacturers should not be saddled in the meantime with compliance to new tighter regulations of asbestos in the workplace industry must know which direction regulatory activity will take The III - DESCRIPTION OF PETITIONER No comment IV - CONTINUED USE OF ASBESTOS AN UNREASONABLE RISK TO HEALTH The FMSI does not necessarily agree with the credibility of the conclusions drawn from the evidence presented on friction materials in this section Therefore the FMSI reserves the right to comment in detail on NRDC Petition -3- this section at some future date V - SUBSTITUTES Sufficient data is not available at this time on the substitute materials to state that they do not pose a hazard in the workplace environment or to the general public We wish to cite a recent study by the Canadian Royal Commission on Matters of Health and Safety Arising from Use of Asbestos in Ontario and an earlier paper on asbestos Related Malig- nant Mesothelioma These comments follow ... the production of substitute fibres in the future should increase the exposure of workers to long thin durable fibres of dimensions similar to those we have found hazardous for asbestos we cannot be sure that serious health consequences would not result In the face of the existing evidence we believe it would be risky to allow the exposure of workers to respirable fibres longer than 5 microns with small diameters of any material if those fibres are likely to be very durable in the lungs It has been generally accepted now carcinogenic is a durable long and of less than 1.5 micron and length that the fibre which is thin fibre the diameter of more than 8 micron appearing critical asbestos can appear been established as A number of fibrous materials other than in this size and shape and indeed have thus cause of mesothelioma in animals such as tremolite glass fibres aluminum oxide tremolite silicon carbide and potassium attapulgite dawsonite Report from of the Royal Commission of Matters of Health and Safety the Use of Asbestos in Ontario 1984 Ontario Ministry of Attorney General Toronto Arising the asbestos Related Malignant Mesothelioma - A Review of the and Medical Literature Premysl V. Pelnar MD citing a paper Layard Tegeris Miller May and Kent that appeared in the J. Cancer Inst March 1977 Scientific by Stanton Natl ? NRDC Petition -4- The advantages of metallic brake linings cited in Section A are not necessarily supported by test results generated by friction materials manufacturers While certain of these claimed advantages may be true where the application generates high braking temperatures they are not necessarily true for the average consumer Total endorsement of Section V of the petition is not appropriate since friction materials manufacturers produce disc pads and drum segments for passenger cars and light to medium trucks as well as brake blocks for heavy trucks The claims made in Section V relate to brake blocks and cannot be endorsed for all product lines Further actual experience to date has proven that substantial processing modifications and new equipment are required for the asbestos substitute materials VI - A REQUIREMENT UNDER THE TOXIC SUBSTANCES CONTROL ACT No comment VII - CONCLUSION No comment * * * * * An immediate ban on the use of asbestos in passenger car and truck brakes cannot be supported because of the importance of safe brake systems on the nation's highways Brake linings are a safety related product We stress consideration of these facts 1. There are legitimate questions on the health hazards of the fibrous substitutes suggested for asbestos replacement in friction materials + NRDC Petition -5- 2. There are programs in place by industry to eliminate the use of asbestos in friction materials and these programs realistically address health safety economic performance timing and materials availability issues 3 The industry must be given time to develop a total line of products which will meet all highway safety requirements We believe the industry will accept a properly planned program pointed towards the eventual elimination of asbestos in its products We urge that EPA study the suggested substitute materials as well as the feasibility economic impact realistic necessity - if it exists and timing requirements appropriate to the elimination of asbestos in friction materials before responding to the petition or proposing a ban on the use of asbestos in friction materials Respectfully submitted FRICTION MATERIALS STANDARDS INSTITUTE E. W. Drislane Executive Director