Document rB28p35BJGxe5zE8yzEMEwxrE

et; TPA/ Chevron Research Company February 14, 1980 Docket No. OTS 61005 Advance Notice of Proposed Rulemaking Under the Toxic Substances Control Act Commercial and Industrial Use of Asbestos Fibers Mrs. Joni T. Repasch Record Clerk Office of Toxic Substances (TS793) U.S. Environmental Protection Agency 401 M Street Southwest Washington, D.C. 20460 Dear Mrs. Repasch: EPA (Federal Register Vol 44, No. 202, pp 60061-60068, dated Wednesday, October 17, 1979) asks for comments and information relevant to the proposed regulatory decision on the .commercial and industrial use of asbestos fibers. Among the four Regulatory Control Options proposed by EPA, we prefer the first one. This would examine each product cate gory and prohibit specific products based on the evidence. We believe Control Options 2 and 3 will create supply shortages and higher prices. Control Option 4 takes the approach that everybody is guilty until proven otherwise. We are addressing our comments to the use of asbestos fibers that are encapsulated in resinous and polymeric binders and coatings in general. We offer the following comments for your consideration: Asphalt- and polymer-based industrial, maintenance, and recre ational surface coatings containing asbestos provide signifi cant protection at reasonable cost. We do not know of any satisfactory economic replacement for asbestos in these coatings. Worker exposure to asbestos fibers during coating manufacture is already controlled by EPA and CAL-0SHA regulations. After manufacture, these coatings are nonfriable and do not release free asbestos fibers during application'and service life. This has been recognized by the EPA and CAL-OSHA in previous regulations. We believe that no additional regulations of nonfriable coatings is necessary. Mrs. Jonl T. Repasch -2- February 14, 198c Asphalt-based Industrial anc maintenance coatings are typical examples of these products. .hese products serve a vital role In protecting and waterproofing rooffe, walls of buildings, and equipment. Aluminum pigmented coatings are also used to pro tect the roofing membrane and to reduce energy requirements for heating and air conditioning. General compositions include: 1. Asphalt or organic polymer as the binder or resin. 2. Organic solvent or water as the diluent. 3- Fillers and Pigments: Asbestos, mica, slate flour, lime stone dust, colored pigments, aluminum pigment, etc. Our detailed comments follow the numerical sequence of the questions as shown on pages 60066-60068. 1. Definition of Several Key Terms 1.1 Asbestos Generic term for fibrous silicate-type minerals, generally meaning chrysotlle. However, for us the term asbestos mostly means the short asbestos fibers used in coatings, resins, patching compounds, undercoatings, etc. These are usually classified as Grades 7R> High Purity Open, Regular Coating, or Resin Grades. 1.2 Encapsulated Fiber The fibers are dispersed in an asphalt resin or latex or any other resinous material. The fibers are then encapsulated-in the asphalt or other polymeric material after the solvent evaporates on application. 1.3 Locked Fibers We are not familiar with this term. 1.4 Easily Released Fiber Fibers not bound together by cement or resinous material may become airborne with some air movement. Loose insulation used previously is one of the examples. 1.5 Friable Material Material which crumbles easily and turns to dust. Mrs. Joni T. Repasch -3- February 14, I98O Product Category h. Paints, Coatings, Sealants Chevron U.S.A. manufactures and markets a number of coatings containing asbestos at several locations. Diluents include both solvent and water. The asbestos in all these coatings Is encapsulated, and the coatings are nonfriable. Coating types include: Fibrated Aluminum Coating Asbestos Roof Coating Fibrated Asphalt Emulsions Plastic Cement Undercoating Coatings for Recreational Surfaces Resurfacers Our manufacturing operation, loading, mixing, and filling, f complies with CAL-OSHA regulation. Section 5208, Title 8, General Industry Safety Orders, Asbestos Regulation and Federal OSHA Regulation Section No. 1910.1001 Asbestos. 3. Asbestos-Containing Products Listed in Appendix I Our products are covered under the following items: Roofing Materials Aluminum Roof Coatings Roof Patch Roof Preservative Undercoating (Metal Deadener) Latex Coatings Asphalt Bnulsion Coatings a. Asbestos Content Eleven of our surface coatings contain asbestos fibers. The asbestos content ranges from 2% to 18Z by weight. b. Purpose of the Asbestos in the Coating The asbestos serves the following purpose in the coatings: Film Reinforcement (Integrity) Sag Resistance Film Build Improved Weathering Improved Fire Resistance Mrs. Joni T. Repasch -4- Pebruary 14, 1980 The coatings use short fibers, generally classified as 7R or HPO (High Purity Open) and Regular Gnade 210. c. Production and Sales of AsbestosContalnlng Products in 1978 d. Value of the Products and the Cost of Asbestos 1978: about $5.7 MM. The value of the asbestos used: about $275,000 (12 cents/lb) e. Exposure During Manufacturing and Product Use Once the asbestos is incorporated in the liquid coatings, there is no danger of releasing fiber from the coating during filling, storage, transportation, or application. The coatings can be applied by spray, brush, or roller. In most commercial applications, airless spray equipment is used because of efficiency and economy. Since the asbestos fibers are completely encapsulated by asphalt or resin, no emission of free asbestos occurs during spraying. Due to air currents, some droplets may become airborne during spraying. But even in this form the asbestos does not exceed the. one fiber/ cc OSHA limit (briefing paper by Union Carbide for November 8, 1978, CAL-OSHA hearing). f. Asbestos Discharge to Water There is no asbestos discharge to water associated with manu facturing. The only way asbestos fiber might get into water is through erosion of the weathered roof coating. We believe that erosion loss of these coatings is negligible.' We based this estimate on the fact that these coatings show little erosion throughout their expected 10-20 year life. g. Asbestos Containing Waste from Manufacturing The waste generated during manufacturing of the coatings Includes the empty asbestos bags, the disposable protective clothing, and the dust recovered in the baghouse. These are collected in sealed containers and disposed of in an approved manner. Mrs. Joni T. Repasch -5- February 14, I980 h. Product Life and Final Disposal The life expectancy of the roof coating products is 10 to 20 years. Usually they are overcoated before the product fails by weathering. When a building is reroofed or demolished, the usual disposal is landfill. The only results for fiber expo sure during demolition of which we are aware are from Union Carbide's briefing paper for the CAL-OSHA hearings on Possible Changes in the Health and Safety Code Section 25910 on November 8, 1978, and April 26, 1979. 4. Industry Structure a. Current Trends Due to various regulations, the use of heated asphalt for roofing is declining. At the same time, the use of coldapplied asphalt- and polymer-based industrial and maintenance coatings cut back with hydrocarbon solvent or water is increasing both in new construction and repair of existing structures. The demand for recreational coatings is also Increasing with the expanding recreational facilities. b. Market Stability There has been increased demand for our coating in roofing, waterproofing, maintenance, and recreational fields over the last few years. c. Industries Most Likely to be Affected by the Regulation The housing and building industry are the most likely industry to be affected by another asbestos regulation. 5. Asbestos Substitutes a. Available Substitutes The following asbestos substitutes are being currently offered: Polyethylene Fibers Polypropylene Fibers Cellulose Fibers Carbon Fibers Ceramic Fibers Thickeners (Alone or in Combination) Mrs. Joni T. Repasch -6- February 14, 1980 b. Substitute Products Elastomeric Roof Coatings Single-Ply Elastomeric Roof System Grease-Type Undercoating c. Performance Characteristics The asbestos substitutes do not: Provide adequate sag resistance and film build Provide good thixotropy Reinforce the film former Aid fire resistance Substitute coatings are: More expensive Cannot be applied by homeowner No good for patching d. Unpublished Exposure Data on Substitutes We have not seen any exposure data on the substitutes. e. Price Differentials Asbes.tos fibers for coatings are available for 10-15 cents/lb, which is less expensive than any of the substitutes. Asphalt-based asbestos roof coating and recreational coatings are currently available for about $1.20/gal.-$4.20/gal. The elastomeric coatings cost about $20/gal. and up. f. Time Required to Convert to Alternatives _______ If a good quality asbestos substitute were to become avail able, it would take at least a year to test and evaluate the coating for stability and performance. However, before gen eral use could begin a few years of on-site weathering expo sure is needed. g. Extent and Cost of Change to Alternatives Until replacement material Is known, we will hot know if substitutes can be made in existing manufacturing facilities. Mrs. Joni T. Repasch -7- February 14, 1980 h. Possible Effect of the Asbestos Regulation on New Products We will have Inferior coatings at a higher price. 6. Products which do not present health hazards. We believe the nonfrlable coatings in which the asbestos is encapsulated in asphalt, resin, or polymeric binder do not constitute health hazards. These coatings do not release the fibers either during application or service life. 7. Asbestos-containing products which could be considered essential because of their benefits or lack of reasonable substitutes. Nonfrlable surface coatings should be considered as essential because: (a) there is no reasonable substitute existing at this time either for the asbestos in the product or for the product itself; (b) they provide significant benefits in pro tecting society and structures from weather at reasonable cost. B. State of the Art for Asbestos Identification We cannot comment on the methods of identification and quanti fication of asbestos. We only collect the samples and an accredited industrial hygiene laboratory (not associated with Chevron) analyzes them for asbestos. 9. Handling of Confidential Data by EPA We believe that you should use the guidelines in Section 14 of the Toxic Substances Control Act for protection of confiden tiality of information. We hope these comments will be helpful in arriving at appro priate regulatory action. Very truly yours. ZSaary:vlh,dam cc: Mr. Harrison B. Rhodes