Document oDe8xQDarKmKvgzMYb32JkQLw

FILE NAME: Georgia Pacific (GP) DATE: 1977 Dec DOC#: GP156 DOCUMENT DESCRIPTION: Federal Register Notice - Consumer Material Containing Respirable Free-Form Asbestos THURSDAY, DECEMBER 15, 1977 PART III CONSUMER PRODUCT SAFETY COMMISSION CONSUMER PATCHING COMPOUNDS AND ARTIFICIAL EMBERIZING M ATERIALS (EMBERS AND ASH) CONTAINING RESPIRABLE FREE-FORM ASBESTOS Banned Hazardous Products 3354 [6 3 5 5 -0 1 ] tw a 16--Commercial Practices uiidW tEK fc0HIIIMtf WQ006T w # iSeinr ACT RCttULATlO ART 114S--REGULATIONOF!J$250H W SUWECT TO OTHER ACTSUNpeRTHE CONSUMER WTODUCT SAFETY ACT - -----atehinf Compoumli and Artifl- M ^ala ( E r n ^ and a Containing Respirable Frae-Form Aiboats* ' AGENCY: Consumer Product Safety Commission. ACTION: Pinal rula. . om niA B T : The Commission luue* Baal ^ d e te rm in in g th at it 1* in tho public S e im t to regulate consumer patching and artificial embertaing materlala (ember* and aab) containing rseotreble, free-term asbesto*. for the puriLmm of addressing tho riik of cancer .ni with inhalation of asbesto* under the consumer Product Safety Act (CPSA) rather than under ttaa Federal Hazardous Substance Act (PHHA). According to the CPSA. a risk of Injury th at could be eliminated or reduMd to a suOelent extent under the PHBA may not be regulated under the CPSA* ipiiwM tbo Commtorton finds bt rule th at it la Ut the public Internet to dose. jKFP&l'lu r a DATES: For consumer --mw. compound* containing respi rable, tree-form asbestos, this rule be come* effective on January 16,1916. Per trttflcial emberizlng materials (ember* i n<5..h i f--*iw<wgrespirable tree-form asbmtoa tble rule becomes effective De cember IS, 19T7. FOR FURTHER INFORMATION CON TACT: Chariot M. Jacobsen, Compliance and Enforcement Regulatory Management Division. Consumer Product 8afety Commission. Washington, D.C. 20201. 301-463-6400. SUPPLEMENTARY INFORMATION: Bmeobocicb On July 2. 1817, by publication of a notice In the F n n u Rccstsb (42 FR 28182), the Commission proposed a nils under section 30(d) of the Consumer Product Bafety Act (CPSA) (1* UB.C. 2019(d)) u amended, th a t It le la the public interest to regulate eooiumer p.fa-Mr*r compounds and artificial embertting materials (embers and ash) ^ te tn in f respirable tree-form asbestos under the CPSA rather than under the Federal Hazardous Substances Act (FHBA), (IS O.S.C. 1261-1214). 8ectlon 30(d) reads: A risk at injury wbieh is tw it ltd with s nsasmmr product tnd which oould be or reduced to a suflclsat estsat uader the M m l Hasardous Bubrtaaas Act * * may be ngulated under ths.CPSA only If tbe Oemmimlea by rule aids that it Is In ths public Interest to regulate such risk at Injury undsr (the CPflA-| RULES a n d r e g u l a t i o n s Also on July 29,1977, the Commission orooosed In the Fzsdlu. R z c a ro (42 fr 38783) * regulation under the CPSA that would declare as banned hazardous products, consumer patching compounds and artificial emberizlng materials (a* ben and ash) containing respirable free form asbestos, . The Commission's reasons m the pro posed section 30(d) rule for proceeding under the CPSA rather than the FHBA the CPSA, Pub. I>. 92-513. 86 as amended. 90 S ta t 510. 15 UJB.C. 2079(d), tha Commission amends Title 16, Chapter EL subchapter B, by adding new II 1146.4 and 1145.5. 6 1145.4 Consumer Mishin* compound, containing reepirmMc frw-fonn 1 bestest risk-of emew auocuted with inhalation of ssbeatos it* "* (a) The commission finds that it is In the public interest to regulate the th e rulemaking proceedings for regulation of these products under the FHBA are likely to be lengthy and re source-consuming. 2. Rulemaking proceedings under the CPSA are governed by provisions of the Administrative Procedure Act (5 ufi.C. 563), and are informal and nonad* versartal In nature and thus It would be more likely th at participation of the pub lie. including consumers. would be forth coming la ruleasking proceedings under the-CPSA. . 3. The Commission believes that civil penalty provisions available under the CPSA against persons who knowingly violate the CPSA may provide additional Incentive for compliance under the CPSA. The FHBA doee not provide the remedy of civil Penalties. Cokksmts No comments were received by the Commission which deal directly with the proposed section 30(d) rule. In com ments on the proposed ban, however, lateral persona in the marketing chain commented approvingly on the decision to regulate under the CPSA because CPSA doee not require repurchase at hawwad haardous produets by manufac turer*. distributors, and retailer*, o n the other *'<*, several groups of consumeroriented interests noted th at they would have preferred regulation under FHBA because FHBA provides for such re purchase. As noted In the proposed section 30(d) rule, the Commission is aware that regu lation under CPSA would preclude man dated repurchase of banned hazardous products. However, the CPSA does not preclude voluntary arrangements for re purchase back up the distribution chain. Moreover, the sdvintages enumerated above, particularly, th s advantage of having a final *--<"i"T regulation in force without having to lin t provide for lengthy adjudicatory proceedings, ap pease to the Commission to be more to consumer health and safety than the refunds consumer* would have hwr PHBA. In the m atter of artificial -K.-i.iiwy materials, repurchase under tbe FHBA would have meant th at many prrgflnt la- the chain of distribution risk of cancer associated with ^ ataU o n of asbestos fiber* from consumer patch ing compounds containing respirable tree-form asbestos under the Consumer Product Safety Act (CPSA) under the Federal Hazardous futatanMS Act (FH3A) bcc&utt of the desirability of avoiding poarthly lengthy. ' cozuualn*. inefficient rulemaking pro ceeding* under the PHBA end because of the availability of civil penalties under the CPSA for knowing noneompUanoe. (b> Therefore, consumer patching cocapounds containing respirable fr*e- fonn inh-r"- ire regulated under CPSA. 1 1145.5 Emberizlng materials femb* * ml ash) confining respirable frtm form b e .to .iri.k of ***** mjm with inhalation of ubetem fibers. (a) The Commimion finds that it ta in tha public Internet to regulate the risk of cancer tietftr*****1 with inhalation of iS te ^ f lb S iftu m artificial emberizlng nmtmials (ember* and ash) containing rmniraHe tree-form asbesto* under the Coniwner Product Bafety Act (CPSA) rather th in under the Federal Hazardoua Substances Act (FHBA) because of the rdeessoiruarbcieli.t-ynosfuamvoiindgin.ignPeoffslsdibel^y^leenmgtshky-, lng proceedings uader the FHBA. and. because of the availability of civil pen alties under the CPSA for knowing non- compllanee. tb) Therefore, artificial emberiting materials (embers and ash) containing respirable tree-form esbestoc are reg ulated under the CPSA. Effective dates: Section U4S.4 be comes effective January 16.1678. section 11455 become* effective December 15. 1917. IBM. 30(d). Pub. L. 92473. 80 Stat. 12*1 M 90 BUS. 910 (19 U9.C. 297* (d)) ) , Dated: December 12.1977. Shzloon D. Butts, Assistant Secretary. Consumer Product Safety Commission. (PR Doe.rr-M744 Piled U -ia -T fill* wnl would have handled these materials rather * * disposing of them quickly In order to avoid additional exposure. Accordingly, the commission finds th at for the health and safety of con sumers, It Is in the public Interest to regulate consumer patching compounds ,.H artificial emberizlng materials con taining respirable tree-form asbestos under the CPSA rather than the FBSA. Therefore, pursuant to section 30(d) of 6355-01 ] COANRSTUIMFICEIRArLA^ElMiBSER, ^JZ^INAQ WMAITAERiiiSua (REEMSPBIERRASBLEANFDREEA-fOSHR)M ASBESTOS Establishment Aa Benned Hszsidous Products AGENCY: Consumer Product ss/ety /Vwmmltrinr.. * ROOM u o is r a . VOL 42. NO. *41--THUtSOAT, OKEMSH 13. I *7P RULES AND REGULATIONS 63355 Oa July 29, 19?7. by publication of a ACTION: Pinal rules. notice In the f t u u R s s s m (42 FR bttvmaHY: in this document the Com 32782), the Commission alio proposed a mission declares th at the following prod* rule th at It Is In the public in ucte r-- respirable tree-form es- terest to regulate consumer patching bestos are banned hazardous prddu*" compounds and artificial emberizffig me* under the Consumer Product Safety Act. terlali eontainlnf respirable free-form (i) consumer patching compounds used asbestos under the Consumer Product to Jolnorrvpalr Interior walls and cell Safety Act (CFSA) rather than under in g (mixing of the product before It is the Federal Hazardous Substances Act sm iled, sanding of the product after It is (PHSA). Section 30(d) of the CPSA (IS dried, and cleanup after completion of D3.C. 2079(d)) requires the Commission tho process, release sebestoe fibers th at to mmtrQ such a finding by rule, before ein bailnbeled); and (2) artificial em- regulatin* under the CPSA. a risk of In* berinng materials (embers and esh) used jury which could be reduced or elimlnat* m fircplacee to simulate live embers end ed to a sufficient extent under the FHSA. ash (ordinary air currents In the house The commission issuee this rule else hold move asbestos fiber* that can be In where in the F n e is t Rb s b r i. The data haled). Tbs Commission issues this boa in these proposals are Incorporated here to order to reduce or eliminate the unrea sonable risk of injury from certaln tjpes in. by reference. of re""1that may result from inhaling Section 9(a) (2) of the CPSA requires that, In addition to providing an oppor asbestos fiber* released during the use of tunity for written submissions, these products. the Commission shall provide Interested KFFflL'n VB DATES: (I) For consumer persons with an opportunity to make oral compounds containing resplra- presentations of data, views or argu- blefree-form asbestos, the regulation is meats relating to proposals to bin. Oral sued below a t section i133MM. apphuees two presentations on the bans were heard by products manufactured or initially i n t r o - c o m m i s s i o n an August 15, 1977. into commerce on January 18. v ie on the bans ere discussed below 1978, or after th at data, fo r all other uuder comments oa Proposal, consumer patching compounds contain- ^ order to have sufficient time to re in* respirable Iree-iorm asbestos, .no rteir ^ ^ responses to tho banning m att when manufactured or Initially proposal, including late responses, an introduced into commerce,,the regulation ^October 4.1977 (42 PR 53970), the Com at section 1304 applies.wi June 12,1971, pmuisseiloena extended unntitlil-N--o-v--e-m--b--er 28. aMnLdBaHfWtert tWhHaitwdwaetwee. ('2) For artif1icia,l "eTtn7- 1977. the time fax w.h.ic.h .I.t...m...u..s..t...e..i.t.h-er berlslnx materials containing reaping publish a consumer product safety rule free-form esbeetos. the regulation Issued or withdraw the proposals to ban. This below at section 1305 applies to product! date was further extended until Decem in commerce on December 15. 1977, or ber 12. 1977, bv notice published hx the after that date. Fdxbal Rtr.isrxx on November 29, 1877 FOB FORTEER INPORMATTON CON (42 PR 50752). TACT Com m rn ow Piorout Charlm if. Jacobson. Consumer Prod uct Safety Commissi), Compliance and Enforcement Regulatory Manage ment Division. Washington. D.C. 20207. 301-492-0400. SUPPLEMENTARY INFORMATION! B a cxcio cw o On July 29, 1977, by publication of a notice In the F n tu x . Rxobti* (42 PR 387*3), the Commission proposed rules to declare that consumer patching com pounds "* artificial emberiring materi als (emben and ash) containing respira ble free-form asbestos, are banned hasardoua products under the Consumer Product Safety Act (CPSA). These rules were proposed because the Commission preliminarily determined th at an unrea sonable risk of Injury of certain types ef cancer, such as mesothelioma and lung cancer, is assorleted with Inhalahle as bestos found In these products. Tbs In formation on which the Commission's preliminary determination was based Is Oral views on the proposal were pre sented by 7 person* on August 16. 1977 with 3 representing consumer groups and 4 representing manufacturers. In addi tion, the Commission received 30 writ ten comments which represented 17 manufacturers and 2 distributor: 4 fed eral agencies; 3 public interest groups; 3 concerned citizens: a supplier of raw materials: and a chemical research and development firm. Among the 10 com- mente n who expressed support for the ban were 5 manufacturers at patching compounds. 3 federal agencies and 2 pub lic interest grouse. .. _ lb significant Issues raised by the oral M|( written commenta are set forth below. .. A. Scope and definition. The proposal states th at consumer patching com pounds a n those th at are customarily produced or distributed for sale to o r for the personal use. consumption or enjoy ment of consumers hr c r around a house hold or residence, a school. In recreation reference. The bibliography of 50 referepees cited In the proposal are repeated In this preamble for convenience. Numben 51 and over refer to additional infor- motion considered in (niwg thi- rule. . _ ____ . or sale rironmenta are either distributed for saie to consumers or are for the personal use or enjoyment of consumers. Moreover,' Information available to the Commissian indicated th at meet patching compounds for commercial/Industrial use a n dis tributed in such ways that mnwimen have access to thee* products (51) either by purchase or for their us* and enjoy ment. Therefore, the Commission con cluded th at these are consumer products subject to the Commission1! jurisdiction iwi-M such patching compounds a n la beled as. marketed, and Hid solely for Industrial use. ' l. Patching compounds at consumer products, (a) Several commenters re quested a dearer definition of consumer patching compound and a manufacturer qumtioned the boundaries of the term "consumer produet.* The manufacturer states that the definition of consumer patching compounds hx the ban has been improperly broadened to lnriude Juris diction over building materials. He be lieves th at the CPSA permits regulation nnij of articles used within the homo, not tho structure of the home itself or the integral parts of the structure. Ho states that Usee consumers have bccoh to patching compounds containing res pirable free-form asbestos through most marketing channels, these products can bo considered consumer products under the CPSA. Thus, he believes th at it was bxaopropriate to cite a recent case, (TJ-S-A. v. Anaconda Co, et el*"- Mlse. NO. 77-0024. (DJ3.C.) June IS, 1977) which that the presence of a product hx a consumer environment ean help decide whether that produc t 1 a consumer product under the *CPSA. Therefore the eommenter ur*a "the <vtwvw<M<tiTi in its fla il rew latian to da lets* the paragraoh oa "Anaconda* case In order to "avoid the creation of an un necessary conflict * * within the raw- m response to this comment, the Com,-i-iw i notes that the paragraph which cites the case In Question Is xu* In the proposed regulation but hx th at p art o< the preamble which explains th e regu lation. hx the preamble, the Chroirriesian cited "Anaconda" not In reliance on the ease a* a basis for regulation but to show bow the case Interprets the definition of consumer produet i t section 3 ii) (1) ok the CPSAwhich rtada, T ic t*rm "eoaium *r product" m atsa m y irtlctof c r component p ert tfacnof* produced or distributed (1) lor I t to i oaaiuaor fo r og u o u sd i p o s u i& t or te a p e iv y hmucfeold or M ld tu t, eb-- 1b non. or otherwise, or (U) tar th *:pstvoiua cun ooDoropttoB or w jp p w o t o t % eoa* enm-- m of lro u sd i prraumeiitn or to sp ^ * rary household1or mids&co* i ctools la n o ta tio n , or othtfvU o: Although court have not yet reached a definitive decision on the coverage ot the term "consumer product" the Com mission believes that the statute and leglslatlva history, by themselves, afford sufficient authority for Commission Jurisdiction ewer the defined product and lte use In consumer environments. It ap pears to the Commission that the defini tion of consumer patching compound ia the proposal fall* within section 3(a) (1) KDKAl MOISTH, VOL 41, NO. 141--WtlBPAV, OICIMMt IS, MTf 6335* RULES ANO REGULATIONS of tbs CPSA and th at the "Anscocda" Occupational Safety and Health Ad to amend the definition of ease underscores the definition. ministration of the Department of Labor compound at i 13043(d). Xa order to minimise u j confusion. (OSHA) and, since the consumer part 4. Asbestos terminology for both prod- new subsection (e) has been added to of his business is until, the ben should nets, (a) In d(iiwy the proposed defl ' 1 1304.1 Scope end Application, to thaw the coverage permitted bp the CPSA. not apply to compounds for commercial and Industrial use. a tio n of "asbestos," a writer from a - T hat subjection reads: f As is indicated herein, any patching chemical research and development cen ter states th at "silica" is a chmi*i com (e) Only oonium sr products ire subject /compound mtaiwiwg respirable free to ta il rsru lstio o . P etchiae eossnoimda form asbestos that consumers have ac pound and as a compound is not a com ponent of asbestos. He suggests that the wbleb tre consum er preduocs u s tbose vtOcb s e o n stu u r can purchase. Merely tsbettag cess to in consumer environments or word "silicon" be used to denote' that a patching compound for Industrial uas may purchase would be subject to the It is a single element which la present would not azcluda such sM cIss from tfct baa. Therefore, such products, although In asbestos. baa, IT tb s sals or u at of tba product b j they may be for Industrial/comnaercisi The commission concurs th at the consum ers la facilitated, i t la subject to tba baa. Patching compounda which are labeled i s t are also considered to be consumer products. term "slUea" should not be used, but ra as, m arksw d. sad sold solely for ladnatnal use in B oa-ooBraoer enTironm snts not ther it should be "silicates." asbes On the subject of regulation of th--- tos is a generic term used to describe a subject to tb a baa. la addition to theas pied- ^products by OSHA, the Commission notes number of naturally-occurring hydrated nets which eaa be told directly te eeasum tia. th at section 31 of the CPSA provides that mineral silicates. Therefore, the word tba baa sppUae to patching compounds cen- the Commission shell have no authority "silica" Is deleted from the ftnin.' of talnlng n sp ln b la fraa-form aabsatoa which to regulate any risk of injury associated sbeatoe In ! ( 13043(b) and 13003(b) a n used In neldenesa. schools, hospitals, publle buildings or o ther in a e where con with a consumer product if such risk could be eliminated or reduced to a suifi- below and the te rn `Jhydrated silicates" Is substituted therefor. sum ers have custom ary irrm s clent extent by actions taken under the (b> A ptfhUe inte n e t group takes is It' lg deer from thle language nt me Occupational Safety end Health Act of sue with the definition of asbestos used of patching compounds la consumer m - 1970. Under that Act. OSHA has tailed in the proposal and urges the Commis rironnumte determlneo their ttatua sa regulations which specify the airborne sion to adopt a definition of asbestos consumer products, whether the patch concentrations of asbestos fibers te which proposed by OSHA in 1070. The defini ing compounds are applied profession any employee may bo exposed (29 CTR tion of asbestos used In the Commission ally or by consumers. And. although the hazard may be greater for professional 1910.93a). However, OSHA regulation,, proposal is baaed on the definition used apply only to workplaces end not to by the Bureau of Minas (SO). The eom mere at patching compounds a--vuim at placea where consumen would use the menter believes th at the OSHA proposed their repeated exposure, residual drnt producto thenuehrea Therefore, the definition could help resolve disputes from landing during construetlcn or Commission considers th a t etiHBi to over the presence or absence of asbestos renovation it also e bacard to consumers regulate this product which can be taken in consumer products. who mag not apply the patching cam under the Occupational Safety anil. Aa the eommenter pointed o u t several pounds themselves (36). Health Act of 1970, cannot reduce or federal agencies with responsibilities for (b) A manufacturer who supports the eliminate to s sufficient extent the un regulating aabeetos (HPA. PDA. OSHA, ben states th at he would have no way reasonable risk of Injury to consumen CPSO are working toward a uniform of policing the sale of different else con th at Is associated with the product Ac definition of asbestos. At a recent work tainers. Therefore, although he packages cordingly. the Commission regulates shop. July 19-30, 1977. a t tho National a 1-gallon size of compound for this product under the CPSA. Bureau of Standards on asbestos defini sale to consumers end a 5-galloa size for commercial-Industrial use. he believes 3. Tvp* of patching compound covered by the ban. A manufacturer of caulking, tion and identification problems, it was agreed th at there Should be a uniform the ban should apply to all sizes. sealing, glaring, adhesive end coating definition of asbestos which wmdd be Given the availability of p -t-h t-g products believaa the reputation of hie mlneraloeleally correct aa well as reflect compounds to consumers through product could bo adversely affected by health concerns. However! there waa marfcettog .channels, the Commission the ban. Although the Commission baa clearly a lack of agreement on a defini egrets th at it would be burdensome for manufacturers end distributors to assure stated that the banned product presenta a hazard because It li mixed. a<d and tion and an interagency agreement on a definition hat not yet beenxeached. that large sizes of patching compounds, which they claim to be industrial prod moved about during cleanup operational the commenter believes th at the defini The definition which the eommenter urges the Commission to adopt was pro ucts. are not sold to consumers. More over, is noted In the preceding response, tion of the banned product should spe cifically exclude the above-listed prod posed by OSHA on October 19. 1975; It has not yet been finalized and is subject merely labeling a patching compound ucto because they are deafened to remain to change. The OSHA proposed defini . for non-consumer use would so t exclude such articles from the ban. Where a flexible and are, therefore, not gener ally sanded. Therefore, the eommenter tion reflects OSHA's concern for the health aspects of asbestos and is based r manufacturer, distributor or retailer fosters or facilitates the product's sale requests that'the definition be - M to cover only those compounds, "which on experimental findings associated with fiber morphology (siae and shape). The to or use by consumers, th product is considered a consumer product and ia after drying a n required to be or ere normally mnded to a smooth finish." Bureau of Mines else seeks to encourage uniform definition. Their <ianiMim within the scope of this ban. This com ment indicates th at it may be <r m d - In response to this comment the Com mission notes that the patching com which was used by the Commission is based on mineralogies! composition. This lngiy difficult to differentiate a compound th at Is a consumer product pounds subject to the ban are t*--th at contain asbestos which can be baa been adopted la final form by that agency. from one that might bo termed a prod ea a result of mixing, arming gad -i---,. uct for industrial use only. N cm tho- The Commission has reviewed much of lem, as stated in section 1304.1(e) Beene up opeiiUenx. Therefore, patching ma terials such as those listed by the eom- the available data on the characteristics of asbeotiform mineral fiber* and their and Application , "patching compounds which are labeled as. marketed, fi ^ m tnter which are not sanded after nonasbestoa counterparts. From these solely for industrial use in non-ecesum s' application because they are intended to remain flexible, would be exempt if they data. It would appear th at usa of the proposed OSHA definition could also In mvlronments are not subject to the ben." are not available In dry, ready-to-mlx clude nonflbroui cleavage fragments and 3. Regulation of patching compound* form. The Commission believes it is clear that only consumer patching com other particulate subetencee. aa well as other mineral fibers within the proposed op OSHA. a manufacturer of dry-wall Joint compounds states th at the commer pounds containing asbestos which can be Inhaled when the product Is In dry dimension range th at are not asbestos fibers. While the Commission te inter- - cial and professional market for such compounds is already regulated by the form or being sanded are subject to the ban and therefore declines in this -- t ested in arriving at an unambiguous uni form definition of asbestos, there is not n c a a t u w jt r , vol tz , no. h i --mutscAV, oce&aMi u , i*yy RULES AN D REGULATIONS 63357 ing asbcctoa. Whcosvar a manufaetutor finds ing a relatively man inventory. Dis yet enough evidence to b u ,i out that the fialahod product contains as- tributor* report that they maintain a ftf "asbestos" on fiber morphology. ^here Sotoa the manufacturer will ba none!dared m ail inventory compared to their sales. h commission believes the pro* aa knowingly using a raw material contain Retailers have a much slower-moving __ h definition ihould not be chsnged in the erai rule. As drtnimsteiicee wsr- ing asbactee unlem the manufacturer taka ctepe to reduce the asbcctoa to tbs maximum Inventory (51). . The commission considered the pai M it. the could be emended e t stent lnslhla. Therefore, the bon applies only to sible adverse economic Impact of a 30- ^ i AthfistQt to id stiiw iiM in patching consumer patching compounds contain day effective date on Inventories of man ufacturers, distributor* and retailer*. nMmSiTBeverel manufacturer* a JJSSdFeoneem th e t ril petehlng ecm- ing intentionally-added respirable free form esbeetoe and will not apply to The Commission also considered the posstole adverse effects of exposing con Soundi would be Uhject to the te n reth- products having unavoidable trace sumer* to lnhalable asbestoe by permit . than only those compound to which bee been Intentionally added. amounts. g. Arti/tciaZ embertoing materials-- ting the manufacture, dtotirlbution and ,i^ to consumer* of patching com 'Thcr point out th et isbe*toe Is ublqul- exemption front ban. A manufacturer of pound* until ISO day* after publication S ^ iT th e environment nd thet traces electrio artificial logs and electric fire of a h . I t appears to the Commission of kibe*toe may be present as e eontsm places states th a t although the Commie- th at early discontinuance of the manu jn .n t in other minerals th et are mined in areas of serpentine n ck. O nt com- ion proposed to baa only artificial emtv-H-iny materials containing respirable, facture of this produet would be necesta rr tn order to stop Its continuing pro lu n e tte th et the Commission free-fonn asbestos, reference# in the liferation in the market. On the other w ild e r permitting patching compounds media to artificial logs and artificial fire substantial advene economic Im which contain such naturally occurring places reflect adversely on hto buslnem. pacts could result from the freesing of ^rntnante. Other eommenters-sug He asks, therefore, th a t hto products, distributors' and re ta ilin ' inventoria* at gest th at a percentage of asbestos eon- which use an artificial ash bed of vermis- n early effective date. The Commission by weight be permitted. The. ullta. be exempted from the ban. therefore th at the ben should lowest percentage suggested by on# com- As the eommenter noted, the Commis become effective a t two different potato menter Is 1 percent became the En sion te a applies only to emberiring ma in me. p ar manufacturers, the ofee- vironmental Protection Agency <EPA> terials containing respirable free-fonn tive date should be c!om to publication ubeetos and not to any artificial loga or of the rule la order to stop the con csrJB B rssw a M - artificial fireplaces with which they may tinuing manufacture of the product. For be used. Since the banned product to distributors and retollers, the effective used with artificial logs It to understand data ihould be delayed to help amelio rs A 'B fsa - -* able that questions are raised aa to dif rate adverse conomie Impacts. SfA SSJT J^SS'i'SSiS ferent kinds of artificial logs. The Com Therefore, the Commission declares slcn doce not with to baa all consumer mission does not believe it would be ap below a t 1 1304.4 th at consumer patch patching compounds In which traces of propriate to exempt from the baa all ing onnpmwMr conta tiling respirable are present as s conta minan t- electric logs coated with unidentified free-fonn asbestos . which have been n ther <*" as an intentionally added tubstaaeee. or all artificial ash used fit manufactured or initially introduced KUblttflCGi electric fireplace*, since some of these Into commerce 30 or more day* after m s suggestion th a t the commission article could Include the banned prod publication at this rule are banned permit contamination of 1 percent by u ct However, la order to clarify the m at- hazardous products. This means th at a weight.-however, appears to be Inappro . ter for consumer* aa well aa producers, hasardoua product, having been priate for eonsuaur patching compounds the Commission adds a statem ent to manufactured or Initially Introduced conrumen would so t bo tuffl* 1 1305.3(d), the definition of embertolng Into commerce, retain* ito statue as a dently protected. One percent by weight materials, which reads, "electric artifi immun* hazardous product; thus, ito could mean a suhetantial number of cial logs and artificial aah beds used in subsequent sale, offering for Mlft o rd to- -TMn lightweight aabestoa fibers, thus electric fireplaces which do not contain tributtan In commerce, is prohibited by presenting a significant exposure to con respirable free-fonn asbestos are not In any person In the of distribution, sumers of respirable tree-form asbestos. cluded In this definition.'' h i addition, the Commission dedans Therefore, the Commission declines a t B. ISecttoe dote. Six comment* dis that all other consumer patching com this- time to adept- a percentage by cussed the proposed effective date of the pounds containing respirable Dee-form weight to define permissible contamina han of consum er co n o o u sd l ifbcstoe, no m atter when manufactured tion. which was 30 day* after publication of or <"*m- hw introduced into commerce, Industary experts do not agree as to the the final rula. Five manufacturer* rug- ire banned hazardous products ISO or amount of asbestoe th at might be pres rested a date later than 30 day* after more days after publication of this rule. ent In products without deliberately publication. A public Interest group sug (As stated below In 11304.4(g) of the added esbeetoe. Nor to th e n agreement gested th at the effective date be the date ru la <"<**** introduction into commerce on the reliability,of the technique# used to measure low levels (below i percent) of publication of the final rule. (1) One eommenter suggested th at the of this product occur* when the product to rT-fcn shipped from a manufac of asbestoe by weight. The Commission Commission consider a series of effective turer's facility to a distributor, retailer, believes, however, th at the use of ap dates for the ban on consumer patching consumer or to another person for appli propriate quality control measure# and compounds: 30 da>j for manufacturer*, cation in a consumer environment.) careful selection of raw materials can 90 for distributor* and ISO days for re ' in summary, 30 day* after publication serve to -nwnwi contamination from tailer* In order to clear tarventoriee. of this rule, manufacturer! will be pro unintentionally added aabestoa (see the Several eommenter* believe th at a 30- hibited from manufacturing or shipping Commission's economic Impact state ment on file a t the Office of ths Secre day effective date might prove burden some to m a ll manufacturers because of the product to distributor*, retailer*, consumers, or to other* for application tary). Za order to emphasise th at only the Inventory problem. In environments. Further, 180 patching compounds with clearly un The m atter of Inventories wee con d a n after pubUeatlcm of this rule, dis avoidable traces of asbestos contamina sidered In the July 29. 1977 proposal to tributors and retailer* will be prohibited tion will be permitted, the Commission ban end further dtoniteed a t the public from selling, offering for sale, or distrib define# "Intentionally-added asbestoe" a t i 1300(f) of the rule below to mean meeting of August 15, 1977. The concern of those involved to clear their existing uting any of the described products, no - . . mW- when manufactured or initially asbestoe which to inventories of consumer patching com Introduced into commerce; to distribu pounds containing respirable free-fonn tors, retailer*, consumer* or to others for (i) added CeUberattly is aa in g n d laat In tended to im part ipaelfle ebam ctarlaUcs: or asbestos was considered. Information application in consumer environment. (2) The nubile Interest group reeom- (3) contained la the final product as a rocult a knowingly using a taw m atsrlal contain available to the Commission Indicates that manufacturer* are now maintaln- mends m at the effective date of the ban KDEMl IKISTU, VOt, 42, NO. M i--THUKBAT, DfCEMIH 1, 1OFF 63358 an r~ '* m *r patching compounds eoc*.inin> respirable free-fora asbestos be ttat date of publication of the final rule, u It la for artificial wnhcrtsini materi- |] |, ITu commission pxopoeed that the ef fective date of the baa on artificial em- berldng material* be the date of publica tion the Administrative Prose* dura Act (S Ufi.C. 953) which govern publication of consumer product aafetr rulea provides that a rule should be pub- ]jehed 10 days before Its effective date uni-- the Commission finds good cause to provide otherwise. Unlike patching compounds, where exposure to asbestos flboa la meet prevalent during miring, (ending end cleanup operations, al though the fibers may remain suspended for a considerable duration of time, is* beetos fiben In emberizing materials can be respired as long as such materials are In the heme because they are alway In dry form end ready to be moved about by ordinary household sir currents. It appeared to the Commission, therefore, th a t these eaberlzing materials should be removed from commerce as quickly ts I-- end that there la good cause to have the ben effective on the date of pub lication. To assist persons who already bad such materials In their homes, the Commission, on July 31. 1977, Issued a press release on the Impending ban which a Consumer Alert advising con sumers of the dangers associated with these emberirihg materials and Issuing Instructions for their safe removal. Bcooomle advice to the Commission Indicates. In addition, that no significant advene economic Impacts are anticipat ed u a result of the Immediate effective date for emberizlng materials (51). As Is 1nd1ctJ*l In the foregoing discussion, the economic impact of a 30-day and even a iso-day effective date for patching compounds would be significant and therefore it appears th at the economic Impact of sa Immediate effective date would be more significant, since no new Infonnatlon has bees presented to show th at an earlier effective date should be promulgated, the Commission declines the suggestion of the public interest group. Therefore, the effective date of the regulation on consumer patching com* pounds containing respirable tree-form asbestos la 30 days after publication at this rule as to manufacture and initial Introduction irto commerce and 1M days after publication as to ill other units ot the defined product no m atter whan manufactured or initially Intro duced In commerce. C. Product risks and risk aUtumeni. Severe! commente n dlscuseed the Com mission's risk assessment for patching compounds ta d questioned other aspects of the hazard. (1) A m anufacturer suggests th at use by the general public or by aabeetm workers Is not hazardous and tlw greatest h a a rd is to a worker during sanding operations If he also smokes. The Commission notes th at while data from an epidemiological study of sabee tos Insulation workers Indicated there wes an Increased risk of death from lung IULES AND REGULATIONS cancer among smokers, it also Indicated pational exposure to esbestoe as the basis there was also an Increased risk of death for Uu Commission proposal. The corn- from other asbestos-related diseases, In menter believes th at portions of the cluding asbcstoels, among nonmotere OSHA review of October 1975 are scien (17). Data also suggest th at the high risk tifically inaccurate. of mesotheliomas (cancers of tho pleura The Commission notes that meet of the and peritoneum) from asbestos exposure Information on hazards associated with appears to be unrelated to smoking UA Inhalation at asbestos Is based on occu I). pational exposure. It can bo said <*aa (be (3) A distributor of flreplaess and fire-body of fH--ituie literature in the 06HA place equipment doubts there U e hecerd proposal has already been subjected to associated with rmhom ing materials be public scrutiny. During preparation of cause the fiben used la emberizlnf ma the Commission proposal, commission terial* are relatively large and fibers staff conferred with OSHA. As a result, which would become airborne would be the Commission proposal deleted refer pulled up the fireplace flue. ences to studies which OSHA termed to. While It Is true th at the large asbestos be of questionable validity. fiber bundles pose little risk of inhalation, Aa pointed out in the Commission pro the fiber bundles release individual fibers posal, there had been only one report of which in tu n , can break locltudmilly consumer expoeure to asbeetce in the Into microscopic fibrils (57). Tiber* could scientific literature prior to the proposal. bscomo airborne under normal use. In-' Based on the data from th at study, a stallation, and handling conditions, as Commission assessment was made of the well as from roam drafts. Ones the fiben potential increased risk of respiratory beeome airborne,-they can remain sus cancer associated with use of consumer pended over long periods of time, eventu patohiwy compounds containing asbestos ally settling out on Items of furniture, fibers. draperies, etc. only to become airborne The Commission also based Its pro and available for respiration with use of posal on direct and Indirect evidence of these items. As long as the free-form as asbestos inhalation in non-occupation- bestos emberlzing material remains loose ally Individuals, Ineluding re on the fireplace floor, there Is a possibil ports from autopsy findings ot asbestos ity that It could beeome airborne and fibers In lung tissues end from epidemic- thus respired. (3) A manufacturer states th at since (5) In assessing the degree and nature Commission data are based on occupa- of the risk of Injury to consumers from (local statistics, It Is difficult to document patching compounds, the Commission the Commission's view, In the proposal reviewed experimental data and human that, "for many people the major ex experience Information, in addition, on posure to asbestos Is in the the beais of data by Rohl on exposure to borne." esbestoe during the use of consumer While It Is true th at much at the com patching compounds (38), the Commis mission data on asbestos-related rtlsreie sion's Health Sciences staff calculated an are based on occupational! statistics, a aaaesment of the risk which was de risk assessment was made of ooneumar scribed In the proposal. The calculations exposure to respirable asbestos 3a patch- were based on the,,application of a theo fhiHwy m trlTIg, MUli&ff retical model to that described mnA opentldzu which attimaiad . by Enterline and Henderson (11). Sev the increased risk of lung cancer from eral highly hwiri comments were re such exposure In the home. A report at ceived In respaeae to the risk assessment. in consumer w--erfiinw com The significant Issue* raised la these pounds Indicated th at significant levels comments are discussed below. of respirable free-form asbestos fibers (a) Two eommenteri questioned the were detected In rooms adjacent to th at assumption In the risk assessment that where the actual patching and sanding exposure to asbestos is cumulative over operations bad occurred so th at other the lifetime of a person, and whether household members could be exposed as Interm ittent expoeure ever several yeare well as the Individual performing the has the same effect as If the same ex patching job (33). In many areas of the posure bed taken place In a single year. country (nonurban), there appeals to be In reviewing the literature on esbestoe a relatively low background level of as expoeure, the Commiarioa finds that as bestos (53). Therefore exposure In the bestos fiben are unlike many chemicals home to asbestos fiben released from amt other *"a**ri-ta which the body may ennsumer products could represent the metebollre and excrete. Body clearance major exposure. As noted In the proposal. of asbestos fibers Is mueh leas effective. Dr. Paul Kotin, Johns-Ifanvllle, stated They have been found not only to re In a presentation before the commissicm. main In the body butifia eeeumulatq)(55>. June 9. 1977. th at young children are try the data trod lo ihow that Inter particularly vulnerable to exposure to m ittent expoeure ean lead to cumulative ttfcJfiflnMi u rf {lfiuiT thri? XBAiUP B* buildup of asbestos fibers. It appears to posure to inhalable ssbeetos would be in the Commission that Intermittent ex the home. The Commission therefore posure over several yean could have th r feels It is cMcntial to minimhe, to the same hazardous effect as If the total extent possible, exposure to respirable interm ittent exposure bad taken place asbestos. within one year. (4) A commeptar questions Commis . (b) Two commontera Indicated that sion reliance on OS&A'a proposed the hazard from applying patching com eaendm ent of October 9. 1975 to occu pounds could differ In different dreum- FfDClAl ttoism , VM. 42, NO. Ml--WWUDAT, DCCEMMI 1J, 1977 RULES AN D REGULATIONS 63359 eteaee. They Indicate that persou of diffuiBg mi may relea different .m m m ti of lnhalabla ubeetoe into the air. Although theeo differences occur, a eoniumer would likely rtieaae more u bagtce into the air became he or the may be ]eo* skilled is the proeeee than a pro fessional applicator, lh a Commission mi ngiilire a* these eommenten point out th at seme products hare a smaller per* -- , . p of asbestos than those which were used for exposure data la the Com mission risk assessment. For example, oee commenter submitted asbestos exoosurw date from a study he conducted r* i,r a compound th at contained a - ..in amount of ashestoe. Based on this commenter* exposure data, mother risk assesanent waa conducted, The re sults su n est th at use of a patching com pound containing less ubeetos may re duce but does so t eliminate an excess of deatha due to exposure to asbestos la Pitching compounds. The range is from 1 death per million persons exposed for the projected flee years exposure using one model and up to 338 lifetime excess cancer respiratory deaths per million ffim m expand during another model (S3). I t n>te be noted here th at while aabestoe levels may vary, they do not dbanko the fact that there la no known level below which lnhalabla aabestoe may be considered safe. (e) Another commenter says that us ing a premixed compound reduces the consumer's exposure to asbestos. The eommentar also thought that the Commlaslon'e estimate of consumer exposure was too high. The Commlsslon'a risk **scasment analysis did take into consid eration the exposure during the mixing of patching compound. While expo sure to asbeetoe fiber* would be negligible during alight stirring iff a premixed compound, the exposure during the ..wifiwf and cleaning 'operation! In volved would be the same as for the dry compound. Consequently, the risk as sessment valuee would not be signifi cantly reduced. As for the four-day, eight-hour exposure being too high an estimate, no data w en submitted to sub stantiate that contention. As stated Is the proposal, therefore, It appears to the Commission th a t although the exposure may be high, it Is a reasonably fort i es D. Substitutes /or asbestos. The July 39, 1877 proposal notes that rubstitutee for asbeetoe are already being used a compounds. One cf th s most common substitutes la attapulgdte. a fi brous clay, o th e r substitutes of a fibrous nature are wollastanlte. kaollnlte. sepioUta and bentonite; Bern a l comments ex press coocera th at materials used es sub stitutes for asbeetoe may also pom has arda. ' The Commission shares this concern. Substitutes for asbestos have been under consideration fo r only a short time. Little data are available on which to evaluate the Mfety of substitute materials. Ex perimental Ow/itrigof Stanton <58) indi cate th at many m inenl fibers (In addl- H.oa to asbestos) of small respirable di mentions are biologically active under experimental conditions. According to correspondence dated July 26. 1877 from Dr. Paul Kotin of the Johns-Manville Co. with environmental consultant Barry Csstlsmsn, a JohneManvUlc study Is under way to assess the potential Inhalation hazard of certain naturally-occurring or man-made min eral libera such as ceramic fiber*. Ce ramic fiber* ar* a potential substitute for artificial amhartrlwg matarlylf Human exposure data to substitutes arc extremely limited. Occupational ex posure data to certain clay mineral flben which are proposed asbestos substitute are scheduled to be presented at a Sym posium on Occupational Exposure to Fi brous and Particulate Dust and their Ex tension Into the Environment, in Decem ber 1877. TheM date arc expected to In dicate the extent of exposure, rather than human experience findings on re sults of such exposure. Date on the re sults of human exposure to asbeetoe sub stitutes will not, In all likelihood, be available In the neer future, (1) A commenter suggests th at substi tute, since they would be fibrous, would present a risk. - In r-vfM vg aabestoe substitutes, data available to the Comml.alon indicates th at a number of substances may be used which are not fibrous such ea calcium carbonlte, day, resins and mica. For the fibrous clay minerals which may be used as asbestos substitutes such u woUacto- nlte. kaollnlte. seplollte and bentonite, the Commission la aware th at there la a lack of conclusive data on tb s hazard potential associated with them minerals. iHHwnwai study Is needed to evaluate the risk of Inhalation exposure to such m n mineral flben. Nevertheless, the Commission believes th at the known risk from lnhalable asbestos requires the k-- of th e n products a t this time. (3) A comment questions a statem ent la the proposal th at fibrous glass could be considered a substitute for chiyaotils In embertring materials The Commission concurs with this comment; It la currently unaware of any manufacturers or distributors who use or know of tha use of fibrous glass for this purpose. In addition, from a technical viewpoint, class fiber* are not similar la alia and shape to ehryeotile. Unlike the rod-like glass fibers, ehryeotile tends to bo curved, w bo cf curly fiber* or fiber bundles, comprised of extremely smalldlamstered fibrils. However, glass fiber* are similar--a t least In shape--to some of the amphibole aabestoe minerals. The diameter of most fibrous glass la report edly greater than 5-6 microns and con sidered too large to be respirable. How ever. glass fibers are not of uniform di mensions and a small percentage may be of respirable aiie. Additional study Is needed to assess the pathologic effects of Inhaled fiber*. Including fibrous glass. B. Economic considerations. Six com menter* expressed concern th at the ban would have an adverse economic Impact on the Industry. Five of the six are man ufacturers who commented on patching compounds. The sixth la a distributor, of gas fireplace logs. One patching compound manufacturer that some firms In that indus try will go out of business should the i-- he promulgated. As noted below, our studies Indicate th at soma small producer* may not .have the technical capability to reformulate their products satisfactorily or may be unable to obtain necessary raw materials by the effective da*^ of the **" Thus, some easy cease production temporarily, until such re formulation la achieved. Some of the large manufacturer* have Indicated a willingness to license their asbestos-tree formulations (or parte of them) to sm all- ftrrwa. Two commenter dleeussed potential cost effects of the baa on patching -- mit, other than thou relating to tha product itself. One patching com pound producer estimated at M percent the lneneaed "workload" eseoclated with tha professional application of noa- sbeetea formulations because of differ ent performance characteristics. The Commission has investigated the poten tial Increase in direct labor costs as sociated with ubeetos tad non esbcatoe formulations; It estimates ea in<uei 16 to 39 percent average Increase a a result of switching from the former to the latter. O ther east* may aeerue to professional users of the product should different application tool* be needed at .hnnirf none Jobe have to be redone to tha relatively poor Xirtnk- and ereck- rmUtenea of seme non-asbestos formu lations. These Increased caste ere ex pected to over time a formula tions Improve and as appUcaton become more accustomed ts using ntm-asbeotce formulations. . .____ , One r"""r*"T which may be tdvereeiy affected by the proposed baa report* th at attapulgite. ea* of the prime up- ititutes for ubestoe In patching com pounds, 1* In "limited supply" ad th a t game small manufacturer* may have difficulty In obtaining th at material. Other Industry sources have reported this same problem. The larger patching compound produces*, who already have ubeetos-free formulations on die m ar ket, are not expected to have u much difficulty In obtaining substitute m aterials. . Two manufacturer* discussed the ban's potential advene effect on the utility of tha product One expressed a belief th at non-asbestos formulations are Inferior in performance to aabestoe formulation. Another reinforced that belief, reporting th at the **------ of ubestoe fonaula- tions may prompt workmen to add their own ubestoe to the product to help pre vent eneklng when wall Joints are cov ered. However, the addition of ubestoe would be tantamount to manufacture of the banned product sad would thus bo prohibited. I t appear* that at least some existing non-asbestos formulations may standpoint, to professional contractor*: most consumer applicator* a n so t ex- room oirm t, vol s i, no. is i--muKSQAr, oictM ii* is, tire 63360 n a etsd to perceive ft sig n ific a n t d if f e r E T to a pro d u ct' p e r f o r a ta . As I* indicated to the proposal tha CoauniBdaB If aware that tconomle lmo*eto af Tirylnf degree* win occur aa i^ U u lt of tha to o on tohalahla asbestos nf.i! patching compound* and materlala containing ree- treble free-form asbestos. Also, tho fft,.m ttnp 1 aware th a t technology for producing u b a ta - lr w patching, compound formulattooa la becoming mm generally available. The aconoade u --- 1 Ul tend to be reduced over tone ea non-tabto* formulation technology becomee more widtapread and aa whatlag recent formulations are Improved by manufacturer*. The nature and extent at the effect on the toduatrtaa axe dlaeuaaad to the S n riro cm en tsi and Eecnetnle Aaaaaamenta now on file to the Oflee of the Secretary and worn ddarad by tha Cnmmlaalna during this rulemaking prccaaa. T. Other commend*. (1) Several commenteie auageated th at tha rnmmlmlon nould tovaatlgata other products con* .win asbestos to order to determine the exlitcace of peaalble hasarda. In tha prepoaal. tha commission noted t-K.t information on other products eon- infaalabla aabeatoa would eonttoua to be developed to order to detar. min whether further regulation la neeeaaary. Accordingly, the staff has begun to develop plans for collecting sueh la- fonBfttton. * (3) One commenter suggested th a t tha Commission lasua a rule th a t would prohibit stockpiling of th a banned prod- U fitle Section 9(d) (2) of tha CP8A prorldea fc-t tha Commission may, by notice and comment rulemaking, prohibit a manu- faetuzer from stockpiling a product for which a fowimi-- product safety rule has bft promulgated. la this ease, tha baa on <wnmj patching compounds oovers tha manufacture and initial In * troductlon of products into eommerea 30 daya after promulgation; tha ban on artificial embertxlng materlala coven products to eommerea on the date of promulgation. Therefore, to practical ef fect th an would not be time for manu facturers to stockpile; nor would there be *(" prior to theae effective dates for nodes and comment rulemaking. - (3) A oocnmenter expressed concern th at the products be kept out of international eommerea. 17i Commission notes th a t this com ment le directed not to tha proposed rule but to its enforcement. If this m atter honiit fcx-w a problem It would bo considered to the context of enforce m ent. ' (4) Several comments auegaated edi torial changes to tba proposal. Thesa suatesttens wan considered and, where appropriate, have been Included hereto. D n c u rn w or n ta Bur The banned product*, parts ISM and 1305 declare, respectively, th at consumer patching compounds and artificial embHang materials (embers and ash) SUIES AND REGULATIONS containing respirable free-form asbestos a n banned hazardous products under saetlon 3 of tha Consumer Product Safety A ct ' , Scope and application. The rules apply to tha named consumer products that are customarily produced or distributed for sale to or for the personal use. con sumption or enjoyment of consumer to or around a household or residence, a aehooL to recreation or otherwise, to ad dition to those products which can be rold directly to consumers, tha ban op* pdas to tha consumer products which era used and enjoyed by consum er!. such aa these used to residence, schools, hospitals, public bulldin* or other areas w hen consumer* h a n cus tomary access, whether tha patching compounds are applied professionally or by consumers. Only consumer products a n subject to this regulation. Pfctehlnc fwwnnimrfG which u v con* nm erpctriiubilneluda those which a fwaflfKtwwm e ta p in rh iT U cK v labti* | | | for ifldUltliil us* would not exclude sueh articles from, tha b a a If tha sal# or tm of too product to consumer la facUltatod. It la subject to tha ban. Pitching pf|wpinmi<i which ere labeled Ut wnf* keted. end sold solely for industrial use in earirenme&ti i n not subject to tha ban. The ban appllaa to patching compounds containing inten tionally-added respirable free-form as bestos sold directly to consumer* and to thoaT which a n used to residence, schools, hospitals, public buildings or other areas w hen consumers have eue- lternary access. . < I ffeettoa date*. (1>. The rule a t P art 1304 below appllaa to ennanmer patching compounds containing respirable freo- farm asbestos th at are manufactured or 1-in-iiy introduced Into commerce on January IS. 197B. or after that data. For u other consumer patching compounds containing respirable free-form asbestos, no m atter whan manufactured or ini tially Introduced into eommerea the rule at Part 13M applies on June 13, 1373. end after th at date. This meens th a t 30 days altar publication of tola ruin manufacturers a n prohibited from man ufacturing or shipping the product to distributors, retailers, consumer or to others for application to consumer envi ronments. Further. 1M daya after publi cation ot this rule, distributors and re ' tallan willbe prohibited from selling, of fering for salt or distributing to com merce tha described products, no m atter when manufactured or Initially Intro duced Into commerce, to distributors, re tailers, and users. (3) H u rule a t P art 1305 below applies to artlfllcal emberising materlala (embers s u b ) containing respirable free-form asbaatoa that a n to commerce on De cember 15. 1377, or after that date. This prohibition applies to products in Inven tory aa well as to those manufactured on or after the effective date. The Administrative Procedure Act (5 U.S.C. 553) which governs the m atter of effective date for banning rules under the CPSA, provides th at a rule should be pnhith-H so days before its effective date .mi-- , the commission prorldea other wise for mod cause found and published with tha rale. t Aa dmcribed to the discussion above on effective date, toe Commission Is con cerned that ordinary household air cur rents to homes that contain artificial mhHring materlala, can cause continu ing exposure of consumers to the respira ble free-form aabeatoa In artificial em ber* gnd ash. It appears to tha Commis sion, therefore, th at these produet* xhonH be removed from commerce aa ex peditiously s i possible m order to avoid having m ih m ii number* of consumers unwittingly purchase these materials. The Commission finds there la good cause to Issue toe rule on artificial embertxlng m .t--<1 effective an to* date of pub- Fm nrM 1. CPSA Section (. Section 3 (1) and (3) of tha CPSA. require that, before tosuing ft eooiuBUf product tticty nil declaring a product to ba a banned haaardoua product, the Commission must find (1). th at too product presents an mmauonable risk of Injury and (3) th at no fouibl* safety standard can ade quately protect the public from the unreeaenable risk of Injury mandated with |the product, (a) Unreasonable risk of tnfury. Tha Iregulation* are intended to reduce or teliminate tha unreasonable risk of Injury to tha public from cancers such aa lung -- -- in * mesothelioma. The risk la associated with asbestos fibers which are not tightly bound Into or encapsu lated to the composition of a product. The health risk occur when aabeatoa fibers airborne such as by mix ing, --"*ig, or Cleanup operations when using patching compounds, or by tha effect of ordinary household air currents on artificial emberiatog materials to fireplaces. Zests show that certain malig nancies are related to aabeatifoim min erals; can arise 30 or more yeezi after occupational exposure. However, 1 reported are malignancies from In direct, noc-occupational exposure, fix a recent ease, the court recognized a study en asbestos exposure elted by the En vironmental Protection Agency at 40 F it 48335, showing "new biological evidence supporting too significance of single, short-term exposures One-day in halation exposures to animal experi ments have produced an Increase to the Incidence of mesothelioma.'* rational Association ot Demolition Contractor* v. tnvironm cntol Protection Agency. Civ. No. 74-1545, 73-3075. D.C. C lr, October IS. 1377. _ __ ,, The information on which toe Com mission made the determination of un reasonable risk consists primarily ot data on exposure of industrial worker* to respirable free-form asbestos. Infor mation on exposure of the publle to to- halable asbestos to Individual consumer products la limited. However, is la evi dent from the extensive bibliography in cluded herein there la geeni1 =intoie m o a t u o m u , vot. as, no, sai--thubsat, d k u u si i *. t* rr RULES ANO REGULATIONS 63361 handicapped persons to determine the 11. B nterllae P.. aad Hendereaa: T.: A Model to r Extrapolating to Low Levels of ad medical agreement th at tiieie U " extent to which such persons may be AsM ttfli BaQVUtt pT M ^tid i t OoBinae# known thm hold level ^ *Meh t* adversely affected by such rule. The en Probisms' of x n n p e u tisg tne a u ite ef iaia lor people to b# exposed to ressu- Commission has considered the needs Laboratary -1-- 1 Data to Mm od **$? Mtod,0^ theMPropoeal. lahdlehle and has determined th at no adversa ef K m eo latln g the Raoul trom High D o fect on elderly or handicapped persona LevM Shperlmente ta Low S o u level SrfO- .B..a_tc_h.i.n.giacothmephoouunsdeshosladdfraormtifcicoinaslumfe1*r will result from this regulation. It la a tu re. Ptnohuret. N.C. (Maeeh IBIS). i entarim e, P-. DtCoufit, P . sad Kendo?- berirlng matertaU presents a p e a t risk .'ethluedbinegst inte the rest of th elderly e en and tire publle. Inhandicapped, w n ' M ortality la Reiatloa to OeeupoUonal Exposure la the Aebeetoe lxi'JMtrf-J- due to the presence la the household of Demons, such as children, who nap be that these hazards be reduced. of Occupational Medilas H (12). BB1-B03 particularly vulnerable to carcinogens. 3. CPSA Section 9(c). fieetlen 9 (0 of the CPSA requires that prior to promul (>i l b tle k a a p . t . B . ond ? rj Because of the long latency period, ex* gating a consumer product safety rule PerltobM l Tumour* la Asbootoole S rlt. J. lad . Msure to inhalable asbestos In the home the Commission shall consider end shall can be We shortening lor children. The commission notes that consumers are -- v . appropriate flndlngi for inclusion " I t 2 E Z 2 2 S * * . pu=d: w w tor Aetlea under m otion 13 of th e CPSA exposed to asbestos Iron sources other in such a rule as to: (1) The degree and nature of ths risk of Injury the rule Is gainst fireplace le a d Logs Containing n... the banned products. However, eon- rttaigneis to eliminate or reduee; (2) the U ^ n i t S S r o V e.: a M orttllty Study of mmers whoare posed to ssbestoe fibers from patching compounds and artificial Donxlmatg number of consumer prod Shipyard w o rsen end W f * 1 B J` embers and ash receive additional doses ucts; or types or classes thereof, subject to rich rule; (2) the need of thepubuc la d . M ed. : 143-141( " > , .. 1. Greenberg. M , end PT,*^ A- ^ of asbestos and can be asum ed to face for the consumer product subject to MaeotbiUoma Register 196, Br. J. lad . M . a sreater risk than persona not so ex posed. and e greater cumulative risk then- such rule, end the probable effect of S1:B1-104 (1BT4). _ . IV. w----- a, I . C . BeUkoff. I. t . *oA if no ssbestoe were present In the general such rule upon the utility, coat, or avail ability of such products to meet such C h u n , J .t Neoplasia Among lusulaU oa W orta* la th e V a lt S t with Special environment. In determining that the .risk of cancers need: (4) any mean* of achieving the effect of the order while minimising ed- Boferenca to la tr a Abdomlaal Neoplasia. Abb. N.T. AcmL BeL 1:51B-SU (1B9B. U unreasonable, ths Commissian con verae effects on competition or dtaruptton t l. TTamninrt S-Cn S^Ukoffr L cludes that the degree and nature of the or risk of injury and the probability that of manufacturing and latto a of C ttarette SoMKlbg to Risk of Death ef b eetea flee-- ' D i n Amobg B u j* ' the risk will result In harm outweighs the other commercial pisctices consistent latto a W ork-re la the U n it Btaue. pp. 313with the public health and safety; (5). 31T lateraatloaM l Ageate for Baeeareh oa rules' effect on the products* utility, cost and availability to the consumer. S a t the rule U reasonably neeaeaasy to <b> ffo feasible tafetv standard. The eliminate or reduce an unreasonable risk uiociated with such produet; and (> C ,S u n a n o * p . a .: Docfcynds Ana. Oeeup. S ff. Commission 1s not aware of a technically feasible procedure for removing the that tha promulgatloo of the rule Is h ^ a lis e a a , n y rn l M. e t el: The etgalflsaaee hazards of eaaeer from respirable free the public Interest (19 U-S.C. 2099(0 >. of Asbeetoe kzpoaure la tbe p ngnrele o form asbestos In the named products. The f-***1*-- required by Section 9(c) MeeethiUMaa: A 3* year m pertenoe from e uejme v rta a Hoepltal. t o r . Bev. seep. Die. The commission believes th at not all patching compounds present an unrea of the act have been described generally m the preamble and are incorporated in llSsTSl--V (1BV7). -- ,, 31. Hug. t . B . Itimmema A B . D lag. C. sonable risk of Injury to ths public, only patching compounds containing respir II 1304.5 and 13.05.3 of the rules below. A_ W hltifleld, B. L - ead QMefcwa. O- O.i Asbeetoe: A a Overview. Env. Chemleals able free-fona ssbestoe. The hazard as Human a ad *---i Health 3rd Annual Ooa- sociated with this product ia caused by 1. h. A, LUIS. a , seuaa s , the free form Is which ths aebeetoe ap m eSbtta, A. 8 . IBA flellkoff, 3. I.! HOUsahold- fan uos pto ceertin _ a . IAHO W erklag Oroup oa the B valuattoa. pears. A safe level of exposure to free Coatast Asbestos Nooplaatla BUS. Aaa. N.Y. of th e Caietaogeale * 1 of Chemicals to u . veim Monograpbo oa tb e xvaluadoa or form asbestos Is not known. Therefore. It does not appear that a standard for S - * B ct. -abasto 1 s :311- * lalerm a * tiaa J)ae c e .: , .___ . In feras- th e CarelBogeBle Risk to Moa: Asbooto* In ti Axeney far m oeereb en Coaew. 1BTT. patching compounds containing respir non iroas Xepieeentatlv o the Asbestos la tsm ational Aseoelaaoa Confsmaee, Sam 7- late ra re n er Collahoratlvo Ontuir on able free-form asbestos la feasible. Ths product artificial emberlzlnc ma bute! o eraaay, 1W0.Ju n e 37. l,TT , S. S arro .. U , coaetaa, A. Llvaraose. L. L. E avtnernesU 1 Cerrtnogene. lBth. MMttag, s m . Aug. 14.1BTI. ^ terials for fireplacet, containing respira ble free-form asbeetoe Is used only is dry a d B cbltt. N. M amthelloma aad t u Aoeoctattoa W l Asbesto* JAMA ( ) : - 14. Joseo, H. S , end Orlndoa. A : E nrlrontsentel P oetan la tbo O rlfla of Caaeor oad form. Thus Individual asbestos fibers are never bound together. If the asbeetoe (1**C'nao. Consuaer aad Carpanta Agata. m ttm atloB of tb e Forcible Hsxord to Man. Pd. Coem et. Toxleol. l:M l-i (I*''* )- fibers were eosted by another m aterial to standard* DUectarate, Produet 38. LUllngtos, B. A et >1: CobJugal Malig n an t Mesothelioma. New m g . J. Med. 3B1 bind the fibers. It would no longer be the gafete Braaeb. Asbeet Id Toy* tensa No. 1 June, 1918. (11): SO-SM (Sept. 11 same product and would not give the de sired decorative effect In considering fc D ep e n m en t of Labe*. O eeupauoaal garete *ad B aalth Admlaiawstloni Aabeatce IS McDonald. J. C- McDonald, A Qibbe, A i r , i t i l l The Health of CbryeotUo the dry character of the product and the fact that a safe level of exposure to res Dust standard. X O I U U JS a d B m m a t at Labor. O ccupatioaal AsbmUa *" and Mill Worket* of Quebec. Arch. la v . H ealth U : l 1914. , _ pirable fn e-fo ra asbestos 1s no t known, gafete aad H esita A dm ialstratien: oeeupa- n . Mekwea. J , P lnlajaoa A. Mali. A_ and Olbeoa. A A M.: MaeotbiUoma la Scotland. it does not appear th at a standard for artificial emberlslng materials contain tlo aal Ezponuv te Asbeatoe. Notto* Pre p e a nulraaSS ag. f l ToL 40, Na. lev, pp. Br.M ed. J.A .e14-i1* (1910). . a . Moreweathor. A A A , and Price, C. W>. ing respirable free-form feasible. asbeetoe la 4 7 ss3 -sis , (O es t , ib is ). T. D epartm ent o f la b o r. O ceupatloaal Sfete aad H ealth A dm laiatrattoa: Aeheatne i ^ t n tbo aeon of Asbootoe Dust oa tM L u a oad Duct Suppremlou la Asbmtoe The Commission believe* th a t no Dum la tb s O oostruetloa ladrw try. Pro- lad u itry . HAL Stattoaery Ooo, London standard can render the defined prod UBlaary D raft: Teebaleal peeHhUlte Aoeem- ^ M ^ ational tao tltu te for Oceupottoual ucts non-hazardous and concludes th at n a a v Spackllag >ad DryekU Jo la t Com- B-feer oad HeaKb: Crttarla for a Beeom- only hamnwg th e products can ade sounda. 0. H *. I >tn) S m a S rd . . . Oceupotloaol E x p quately protect the public from unrea L B d iC j . B-: Asbestos Xalated S isea la sonable ilska of injury associated with nurew m ruinera Ser. Bee. 11:S44-S47 'm3 f S S ? \ i L , and Berr7 O , The them. ^r^B aM , F. c. aad -*--r*"" M. J. C.: Zara- Blah of Developing MmotbsUoma Among Werfcan la ea Aabm t T trtlle P agote^XYg 2. CPSA Section Kb), fiectlon 0<b) of latan Worfcete U B eiru t s. M artalitp 1B40- zatornadoaol Congnee on^ Oeeupatloa the CPSA. IS T7.8.C. 2051(b), as amended, M. B rJ. Zad. Mad. 38: 33-338 (1911). BM ltb. Bristol Baflft&d (1975). requires the Commission to consider and 10. IngUnd. Bealtb aad Saety Eme. D rpt. at TfiThm iit 1L Lea u d Tfcottpooo Be. take into account In the promulgation ef F re ta d Coasumer Frateetlon. A a b t m n d Peritoafta M - of a rule the special needs of elderly and Labellag Seheme. AprU IBIS. rtfiiiui ueism vbl is* wo. 341--tmuisoat, dccimiek \h 1 n r 6SM Z ' l mint n m n to Aabaatee ta the lao d o o a r t t T l a d . Med. 33:301 (10>**5? H avtioux, M.: Aabaatee la the W ert FUee sa d th a com m unity. Ana. Oee. Hyg- M ^jaf^Nawboua*. M. \tn sod Barif, O- Pi*eiettena of MonaUty tram MesotheUcma S m e u is la Aabaatoa Faetoiy W ortata. Br. J . 2 3 ^* 4 .8 8 :1 4 1 -1 0 1 (1070). _ . M. Nswhcuse. U . L- mad Barry O.i Aa- b a n * and laryngeal Carelaom a Lancet. a: ^ ^N telaon. W. J.i Caa* S tu d r 1: Aa- baatoa U ta TL7 Approach. N.T. Acad. Bd. a n : taa-iee ( 7 8 ). 30. Kohl. A. N . a t at! Exposure to Albotoo la tha Vaa-et consum er Speckling, Patching and Taping Compound!. Sclaaca IBS;681-65* (Au7..B1a8l.l1k0o7ff8. )L. J .: Aabaatoa aad Neoplasia. Am. J. Uad. 3(4) : 01-40 (1007). S0. Ballkoff. I. J . a ad Hammond. I . 0.:SZ Community Iffeeta of NonO ccupational Xnrlro u n en ta l Aabaatoa b p eau i* . Ata. J. Pub. Health 80(0): 10B0-18M (1000). 39, siifcaW. J. J., C hurf. J , and Hammond. B. c .: Tha Oeeuiroaca of Aabaatoau Amonf workam la th a H alted States. N.T. aA of Set. 1 M :1 - 16S (1000). to . SaUkoff, L J - Hammond, B.' o H aad C biut. J-: Aobaatoo Exposure. Brnoklng, and Naopiama. ja m a a o t(3 )io 0r i ia (isa* ). 1 . SaUkoff. X. J Hammond, ff. C . aad Boldmaa. H.: Canear Kick of Tnaidatln* W ortar la th a C hitad Btataa. pp. ao*-3l0 International A p n c f for tlaiaarch an. canoar (1B?9)t ' 43. Ballkoff. I. J , Hammond,' B. C,, aad Chur*. J.: C aiem oaanleltr of Amceita Aa baatoa! Arch. Sna. H ealth 38:188-100 (1078). 48. SaUkoff, Z. J ,, Nlchalacn. W. J , aad L an itr. A. M.; "Aabaatoa Air Pollution"! Arch, Environ. H ealth, 30:11!, July 1073. M . Bhaara. a .: Xffacta of Aabaatoa la Dock yard WofkAm. Bf. Mad. J . 0:674-070 (1000). 40. Stoll. P. u , and MeOlU. T.: Aabaatoa aad Laryn t aal Carelnom a. lA heat 3:41S-417 (1073). * 43. Btumphiua. J .: Epidemiology of Maso- thatlem a on W alchasan Island. Br. J. la d . Mad. 30:08-60 (1871). 47. W agner. J. O . Blatm , C. A . and Mar chand. P.: Btffua# Plauiml M aaothalloaa aad Aabaatoa Xtipcoui* la tha N orth W astam Capa prorlnoa. B rit. J . la d . Mad. 17:300-371 (1080). 40. i n c u r . J. C.. a t al.: Tha Effacta of th a Inhalation of Aabaatoa la Bata. Br. A Cancar. 38: 303-308 (1874). 0. Wabatar, I.: Aabaatoa a ad Malignarmy. BA. Mad. J. 47:100-171 (1000). 80. WhltweB. ff, aad Xavcllffa. B. M.: DU- fuaa M alignant Plaural Maaothalloma aad Aabaatoa Bepeeure. Thoraa 30:833 (1071). 81. Kearney, A. T .: Economie Im pact Assasneaent of tha Prepam d Baa of Aabaatoa Containing Patching Compon nda. October 10T7. 83. Bohl, Am lan g e r. A , and SaUkoff, I.: B aT iroaaeetal Aabaatoa Pollution Bolatad to Hat of Q uarried Serpentine Bock, adeaoe, . IBS. pp. 1310-1023, JU U IT, 10TT. 88. Bavard. 0L: Memorandum . B lik eg Booplmtory Canear D u to Lov-Leral Expo no* to Aabaatoa from panning ta d Jo in t Taplag Compound*. J a u A 1877. 0. Bayard. 8.: M emorandum ta H i! Be- ipoaaao to Cemm aata. Oetnbor 1977. 50. Thempaoa, J. (1- Ann. of N.T. Aoad. SdL 103:100-814. 1008. 50. Dope, of Interior,- Bureau of IB a n : Saleetod am ento M lncrala aad th eir Aeboatifo n t Vkrlatias. 1177, 07. H am aaton. J. B.. at al.: Minorai P ihan: Chamlnal. Phyiieoehem leal and Biological Proparti**. A ir. PharmaeoL Chamothar. 13 1 -4 0 3 .1318. 50. Stanton. M. D .' Boma Bttologieal Oon(deration! of PIbar Carelaogaaaala. Biological MILES ANO REGULATIONS effect! at Alberts*. IABC Publleatlon No. A pp. 300-304. LyoA 107*. CoirctDHON Upon considering the published pro posal. the oral sad written rmponau to the propose! and other relevant material, the commlsclon nq" eonsuiBer patching compound* and artificial embodying nm- trial use In non-ooQSumer earironmaate are not subject to the bam In addition to those products which can be sold directly to consumers, the ben applies to patching compounds containing respirable free form asbestos which are used In resi dences, school, hospitals, publie build ings or other areas where consumers have customary access. terials (emben and ash) as set forth below. 8 13044 Purpose. Accordingly, pursuant to provision* The purpose of this rule is to ban con at the Consumer Product Baiety Act sumer patching compounds containing (section! 8 and 0. 08 8 ta t 1315-17, a* Intentionally added respirable, tree-form amended. M S U t 50, 15 Ufi.C. 3057, Mh-yt'w These products present an un 3055), new Parti 1304 and 1305 a n added reasonable risk of injury due to Inhala to Title IS. Chapter 22. Subchapter B, tion of libera which increase the risk of as follows: developing cancer, including lun* ce PART 1304-- BAN OF CONSUMER PATCH and waanthriioms- diseases which have been demonstrated to be caused by expo ING COMPOUNDS CONTAINING RESPI RABLE FREEFORM ASBESTOS sure to asbestos fibers. Sec. J (1 3 0 4 4 D efinitions. 1304-1 Beope ta d appU catlsa. (a) The definitions In section 3 of the .13043 Purpose. Consumer Product Safety Act (15 H3.C. 1SMJ DiftBltSoaa. 2053) apply to this Part 1304. 1304.4 Conauatar pateblng oompouada aa (b) "Asbestos" means a group of min baased h aaard o u products. eral fibers composed of hydrated *U1- 13040 Hlndlnr. catea oxyien, hydrogen, and other ele Au n to k it : Sections A 9. 00 8ta t. 1318 ments such aa sodium. Iron, magnesium, 1317. aa amat'deo M B tat. 50, II U 0 .0 .3007. m.nA calcium In diverse combinations and 300A are; Amcalto, cbryaotlle. crocidoilte, ft 1304.1 Scope aad appliealloa. aathoohyUlt* asbestos, actinolite aabea- (a) In this Part 1304 the Conaumer . tan and trsmollt* aabeatoA (e) `Tree-form asbestos" la that,which Product Safety Commission declares that conaumer patching compounds contain la hot bound, or otherwise "locked-ln" ing Intentionally-added respirable free to a product by rsina or other bonding agent*, or which cen readily become air form asbestos in such manner th at the borne with any reasonably foreseeable Bebeitoe fibers can become airborne under reasonably foreseeable conditions UM> ` of usa are banned baaaidoua products (d> "Patching compounds** are mix tures of talc, pigmenta clay*, casein, under sections and 9 of the Consumer ground marble, m ica.or other similar Product Safety Act (CPSA) (IS 0 4 .0 . materials and a binding material such aa 3057 and- 3055). This ban applies to r-fa-M-ig compounds which a n (1) used aihmfna which are sold In a dry form to coyer, seal or maak eracke. joints, holes ready to bo mixed with water, or such combinations In ready-mix paste form. and similar openings In the trim, walla, celling, etc. of building Interiors, which (e> "Consumer patching compounds" are th at are customarily produced after drying a n sanded to a smooth and (3) a n produced and dis or distributed fer tala to or for the per sonal use, consumption or enjoyment of tributed for sale to or for the personal use. consumption or enjoyment of a con consumers In' or around a permanent or temporary household or resldeacA a sumer In or around a permanent or school, in recreation or otherwise.-The temporary household or residence, a Commission consider that patching school. In recreation or otherwise. compounds for application In those con (b) Tha Commission has found that sumer environment* are either distrib (1) these patching compounds are being uted for sale to or are for the personal or will be distributed In commerce; (3) nf or enjoyment of consumers. . that they present an unreasonable risk of injury; and (3) th at no feasible con (f) "Intentionally-added ashestea" is t. km^ . jrtfich U (l) added deliberately sumer product safety standard under the CPSA would adequately protect the pub aa an Ingredient intended to impart sp lie from th* unreasonable risk of Injury cifi characteristics; or, (3) contained In the final product u the result of know with thee* products. This rule apptiea to the banned hazardous products ingly a raw material containing defined In section 13040 and described MhMtoo Whenever a manufacturer finds out that the finished product contains ^further in section 1304.4. (e) Only consumer products are *ub- asbestos, the manufacturer will be con Jaet to this regulation. Patching com sidered a* knowingly using a raw mate rial ""taiT'inf asbestos, unless the pounds which are consumer products Include those which a consumer can pur manufacturer takes step* to reduce the chase. Merely labeling a patching `com-, asbestos to the maximum extent pound for Industrial usa would not ex feasible. clude such articles from tha ban. If the (g) "Initial Introduction Into com- sale or use of th* product by consumer* P.WM11 occurs when the manufacturer la facilitated, it la subject to the ban. ships a product covered by this regula Patching compounds which are labeled tion from a facility of the manufacturer aa, marketed, and sold solely for lndus- to a distributor, retailer, or user. FTDEIAl tfOlSTCA VOL 43, NO. 341-- THUtSPAV, BlESM ii! 10, 1977 RULES AND REGULATIONS 63363 I 1304.4 Consumer patching compound* posure to inhaleble asbestos la In the of ssbestoe formulations) are affected by u banned hazardous product*. homd, the 10-28 percent Increase. The burden Oa the basis th at airborne asbretna (b) Products subject to the ban. Conof this coat is expected to fall directly sumer patching compounds u defined in on owners of existing homes who may flben present the hazards of cancer, in 1 1034.3 (d), <e>. CD Include such prod engage in some renovation, tnd on pur cluding lung cancer and meiotheiiosia uct* as drywaU speckling compounds and chasers at newly-renovated or newly- to the pubUe, consumer patching eompouadi containing intentionally-added, tape joint compounds (commonly known as "joint cement" or "tape Joint mud"). constructed homes. These increased costa are expected to diminish aver time as respirable tree-form aabretoa, which have been manufactured or Initially in The commission estimates annual ship ments of patching compounds subject to formulations Improve tnd aa applicators become more 'accustomed to using non troduced into commerce after January lfl. 1878. arc banned hazardous products. the ban at approximately 30-50 million "units." or Individual packages, of vari asbestos formulations. The use of asbes tos substitutes may also lead to coat in In addition, all other consumer patching compounds containing intentionally- ous sizes from 0.5 to 28 pounds (dry) or 0.S to 8 gallons (wet). The Commis creases in tha manufacture of patching compounds. The Commission estimates idded. respirable tree-form asbestos, no matter when manufactured or initially sion believes that about half the patch this cost, which may vary widely from Introduced into cdhuaeree. are banned ing compounds sold in 1977, and intended for sale to or use or enjoyment by con firm to firm, a t an average of 5-15 per cent. This la made up primarily of in hazardous products after June 11, 1878. sumers, were formulated with asbestos, creased costa of raw materials and of 1 1304,5 Findings. kfany others containing significant levels formulation research and development. (a) The degree and nature of the risokf asbestos contamination will also be o f Injury. The Commission finds that the affacted by the ben. It la expected th at tha pries of many p.-hiT,y compounds may rise as a result. risk of injury which this regulation is designed to eliminate or reduce Is from (e> Need of the public tar the product* and effects of the ndg oa their utility, Producers, distributors, tnd retaller of compounds may also have to cancer, including lung cancer and mesothelioma. In assessing the degree cost and availability, patching com pounds. though used primarily by com- Incur easts with the disposal of products in Inventory. The Commis and nature of the risk of injury 'm ercial eonstraction workers, are also used by consumers, and are used for the sion retimetes th at the wholesale value of manufacturers' end distributors' In- to consumers, th e Commission has reviewed experimental data and hu ottchlas and irv""g of cracks and Joints ventoriee a t the time the ban beeomre man experience information. The Com in and around the household and in other consumer environments either by effective will be approximately 115 mil lion. These costs may be reflected In the mission noted that in the scientific literature, there is general agreement consumers or professional applicators. The compounds are used to eovar areas prtere charged for asbretoc-fne patching compound formulations, and In the th at there is no known threshold level below which exposure to respirable free on gypsum drywsll which might other wise be aesthetically undesirable or p ile of other drywaU and paint prod ucts. I t appears that, because of com form asbestos would be considered safe. Further on the basis at such scientific which might lead to structural dam an, energy loss or lower property value. Use petitive pressure from asbretca-eontalnlng compounds, producers of asbestos opinion, it appears to th e Commission that children are particularly vulnerable asbestos In these compounds acta aa a tree formulations hava not yet passed on to purchasers their increased coats. to eareinogena because of their longer potential lifetime and their tepid- rate structural reinforcing agent which helps to reduce cracking and shrinkage of the If the Increased production coste of as of growth. In areas of the country where compound over rim e and which renders the compound more pliable or "work- bestos-free formulations can be passed on completely as a result of the ban, the asbestos may not be prevalent in the en vironment the major risk of exposure for ib is'* ucQ& iDDUcstion. (1) Utility. The elimination at ssbestoe to ta l! price effect for the year fol lowing the issuance of the ban may be children and othere may occur in the household. In areas of th e country where from these products may result in the 110-880 million. The magnitude of this effect may be reduced significantly in more ssbestoe fibers are. present in the environment the public is exposed to ad *p------1 use or new development of substitutes which hava similar proper- sueeesslve years following the Issuance of tha ban as producers1development costs t ditional risks from the presence of as bestos fibers In households and other ilea to those of asbestos, or which im part 4wiiisv qualities to the product la cur are amortized, as raw materials become consumer environments, the Commission concluded on the basis of th en factors rent reformulations, asbestos la replaced by a combination of substances, of which more widely available, and ts price com petition is strengthened because of mar th at consumer patching compounds con taining respirable tree-form asbestos the moat common Is attapulglt*, a fibrous clay. Some non-asbestos formulations ket pressure economies of scale as sociated with production. present an unressonabls risk of injury to are reportedly not as effective as those -wHteiwiwq asbestos In controlling (3) Availability. The supply of asbes tos substitutes, particularly sttapulgite the public. In addition, a risk assessment was made. For purposes of this assess shrinkage and eracklnr over time. The clay and relatively uncontamisated talc, m ent the Commission considered the use of patching compounds by the consumer, workability of soma compounds may be iHmiwi-hsrf h welL This may adversely for use in the manufacture of patching compounds may be Insufficient to meet for six hours a day four times a year, to be a high yet reasonably foreseeable ex affect the utility derived from the prod uct by eonsumsxa; and by professional the short-run demand which Is expected to be Hwinuiad by the promulgation of posure. The increased risk of death from respiratory cancer induced by this ex contractors uadi such time as improved formulations era developed and available the >w Further, many small producers probably lack tha technical capability to posure Is estimated a t between 10 and 2.000 per million. For five years of ex to and-uaere. . (2) Coil. Asbestos-free patching com reformulate their products, and may be forced to cease production, at 1---st until posure at th en levels, the risk increases geometrically and is estimated a t be pound formulations may require more time to use. This would tend to Increase formulations of satisfactory cost and performance are developed. This may tween 1,000 and 13.000 per million. The lower estimate of 10 per million is closer the direct labor coots of residential and other construction and renovation. The affect some professional contractors. In the short run, consumers may be in to the actual risk for a one-year ex posure. Nevertheless, is view of the seri expected increase is betwem 10 and 35 percent. The Commission estimates th a t directly affected by delays in drywsll wwi.Mw u d building completion. ousness of the Injury and the cumulative the labor cost of drywaU finishing (d) Any meant at achieving the ob effects of asbestos- exposure, even this minimum figure represent* an unaccept in these consumer environments is on tha order of 81 billion. The use of non jective at the boa while minimizing ad vene effect* an competition or dtinipticm able risk. The Commission believe* that asbestos patching compound formula or dislocation o/ manufacturing and oth reducing exposure to respirable free tions in all applications may increase this er commercial practice* consistent with form asbestos in the home represents a cost by S50-S123 million, summing th at the public health and safety. The ad substantial decrease in risk to consumers, roughly hall the current labor costs (l.e, verse effects of the ban on patching com since, for many people, the major ex that portion now associated with the use pounds containing asbestos is reduced by FTOflAl IfOUrCI, VOL 42, NO. 241--THUISDAY, DfCEMIU 15, 1977 63394 RULES AND REGULATIONS yimiwmr the ben to intentionally added diseases which have been demonstrated or glued to gas logs, or sprinkled on fire asbestos. Other alternatives such U to be eeused bp exposure to asbestos place floors. limiting' the scope of the baa only to fibers. . (c) Need of the public or the prod products purchased and used bp con 1305.3 D efinition*. ucts end effects of the rule on their util rumere or to Issuing a baa with a later ity. cost, and aeallcbtltip. Artificial fire effective date, were considered bp the (a) The definitions In section 3 of the plaee emberlzlng material serves a Commission. However, none was found Consumer Product Safetp Aet (IS O-H.C. strictly decorative purpose and does not that would cause leae disruption or dis 2052) apply to this Part 1303. . materially affect the actual perform location of manufacturini and other (b) "Asbeatoe" mnana a group of min ance of the fireplace gas system In terms eommertcal practices, consistent with eral fibers composed of hydrated silicates, of Its ability to provide heatr A certain public health and safetp. oxygen, hydrogen and other elements degree of aesthetie desirability exists, Conclusion. The Commission finds such ss sodium, Iron, magnesium aad cal cium In diverse combinations sad are: however, since the product "system" it self (the gas log, ashes, and embers) Is that this rule, Including its effective date la rtasonablp necessary to eliminate or Amoaite, chrysotile, eroeldollte, anthophylilts asbestos. aetlnoUte asbestos, and Intended to simulate burning wooden logs. Gas logs may be sold with artificial reduce the unreasonable risk of injury from cancers such as lung cancer and treaoU tt ubestofc (c) "FTee-fonn asbestos" is th at which emberlzlng material attached a t the fac tory (the log commonly referred to as mesothelioma th at are associated with the banned products described herein, Is not bound, woven, or otherwise "locked-ln" to .a product by.reslna or being "frosted"), or with the "embers" In a separate kit, often mixed with simu that no feasible consumer produpt safetp standard under the Consumer Product other bonding agents, or those from which fibers can readily became airborne lated "ashes." Virtually all gas logs are either frosted or packaged with an em Safety Aet can adequately protect the public from this risk, add that promulga with any reasonably foreseeable use. (d> "EmbertJdng materials'*means an berlzlng kit: however, the majority of gma logs produced In 1977 were packaged tion of this rule is in the public Interest. asbestos-containing material generally with noa-sabcetos-contaialni emberls- P--v--t in aa "emberlztns" kit to be )ng kite. The Commlwtoa estimates PART 1305-- BAN OP ARTIFICIAL EMBERIZINO MATERIALS (ASH AND EMBERS) placed under artificial logs In gaa-buniIng fireplace systems or in artificial fire tnnual sales of artificial gas logs a t ap proximately 100.000 units. Some 25,000 CONTAININQ RESPIRABLE FREE-FORM places for decorative purposes. The prod 30.000 of these would be subject to the ASBESTOS ' uct Is alio glued to artificial logs, either ban. Approximately 100,000 gaa logs ate. at a factory or by a consumer using an frosted or treated by consumers with as emberising kit. (Synthetic logs manufac bestos are estimated to be in existence. 1305.1 Seep* and application. 1 1308.2 Puipoat. tured of celluloslc products which are The Commission believes that the ma 1306 D afinltloni. * consumed by flames are not Included in jority of gaa logs am sold with ember- ISOS-e Artificial finplaee aah aad ambers as this definition. Electric artificial logs and iting kite: this gives the consumer a baanad b aw d o u a products. artificial ash beds used In electric fire choice aa to whether or not to use the 190S.fi m d ln * a. places, which do not contain respirable artificial embers and ashes. A onueirv: Saei. fi. a. 90(d), Pub. L. ae- free-form asbestos are not Included in (1) Utility. Manufacturers of artifi 579. aa amaodad. Pub. L. 94-384; Sfi B tat. this definition.) cial gas log emberlzlng material am cur UlS-17, aa aaaaadad, 90 B tat SOS (15 V A C 9 1305.4 Artificial fireplaeo salt and rently using four substitutes for asbestos 2057, 20SS). embers ss banned hazardous prod In their products: vermicullte, rock wool, | 1305.1 Seope aad application. uct*. mica, and a synthetic fiber. None of the In thli Fart 1303 the Consumer Prod On the bash th at airborne asbestos four is claimed to be aa aesthetically ef fective as asbestos. Thus, the utility de uct Safety Commission declares that artificial emberlzlng materials (ash and fibers present the hazards of cancer such ss lung cancer and mesothelioma to the rived by consumers from some gu-bum - embers) containing respirable free-form asbestos generally packaged la an em- public, artificial fireplace ash and ember containing respirable free-form asbestos ing fireplace systems may be adversely affected. beridng Idt for use In fireplaces, and a n banned hazardous products. (2) Cost. No effect on the overall price level of gaa logs Is anticipated as a result designed for use la such a manner that 1305.5 finding. of the ban. Tha avenge price of ember- the asbeatoe fiber can become airborne under reasonably foreseeable condition . (a) The degree and nature of the risk hdng kits may rise somewhat; the Com mission estimates the total price effect of uw are banned hazardous products at tn jv n . The Commission finds th at the risk of Injury which this regulation la of the ban on consumers at under under sections 8 aad 0 of the Consumer Product Safetp Act (CPSA) (13 UJ8.C. designed to eliminate or reduce la from cancer, including lung cancer aad meso $25,000. (3) Aooilebtlitp. The Coounlssfoa be 203T and 2053). This ban appllea to arti ficial emberlzlng materials available In thelioma. Measurements a rt not avail able of tha amount of asbestos in the air lieves th at all producers of artificial em berlzlng materiel will have eliminated separate kits or with artificial fireplaee logs far use In fireplaces and sprinkled from asbestos-containing emberlzlng materials In home However, It appeals asbestos from their products by the time the baa becomes effective. No significant or coated bp consumers on the artificial logs to simulate live embers and ash that tha amount of airterno ubestoe In such homes would Increase when air cur Impact on the availability of asbestos substitutes to producer nor on the avail and give a glowing appearance when subjected to high temperatures. Bags rents in the home are created by down drafts frem a fireplace chimney or ether ability of gas logs or emberlzlng kits to retail dealers and consumers Is expected of material containing asbestos th at are sold separately to be sprinkled on and activities th at stir air la any room, a*"- w nbrtting materials may up to a a result of the ban. (d> Any means of achieving the objec under artificial legs to simulate burning and flowing ashes also come within tha 50 percent asbestos, which If not per manently bound Into artificial fireplace tive of the ban while minimising adverse effects on competition or disruption or cope of this ban. logs would be la respirable form, the risk dislocation of manufacturing end other 1 1305.3 Purpose, modeled with emberlzlng materials 1 commercial practices consistent with the J * e purpose of this rule Is to ban arti considerable, especially since It continues to exist 24 hours a day. public health and safety. The Commis sion believes th at there will be minimal ficial embeziting materials containing respirable free-fonn asbestos. These (b) Products subject to the bon. A rti disruption to the market for artificial emberlzlng materials as a consequence products present an unreasonable risk of ficial emberlzlng materials are'decorative simulated ashes or embers, used In cer of the ban and th at no further reduction Injury due to Inhalation of fibers which tain gas-burning fireplace systems, which In adverse effects Is feasible. Increase the risk at developing cancers glow to give the appearance of real burn Conclusion. The Commission finds th at such as lung cancer and mesothelioma. ing embers. The' material Is sprinkled on th u rub), including Its effective date, Is H D O at I f o u n t , VOL 42, NO. 141--THUSSOAT, D fC U U tl 15, 1977 KULES AND lE G U U T IO N S reasonably heeeaary to eliminate or re duce the unreasonable risk of Injury from eaaoen such is lung cancer and mesothelioma th at are associated with the banned products described herein, that no feasible consumer product safety standard under the Consumer Product Safety Act can adequately protect the publle frem this risk, tnd that promulration of this rule is in the public la- EJeettoe Dotes: P art 12M becomm'ef fective January IS, 187S. P irt 1305 becomes effective December 16,18*77. Dated: December 13.1877. Soldo* d. B uns, iu iita n i Serretary, Consumer Product Safety Commission. (FB DOC.77-U746 file * lS -lS -H :11 :M u a | 63365 I ffiPRAt IfOlSTIS, vou *. NO. JS l--rHUSSOAT, MCEMlil |J, 19T7