Document re8Qp3rqd3K084Z0jO7aG9ZNV

Pt. 1304 16 CFR Ch. II (1-1-07 Edition) The Commission believes that the re duction of lead to a level of 0.06 percent will not affect the availabilty of waterbased or latex paints. Sales of such coatings currently exceed sales of sol vent-based coatings, and because of the drying problem mentioned above, the trend toward increased use of waterbased paints may be accelerated some what by the effects of the ban. (d) Alternatives. (1) The Commission has considered other means of achiev ing the objective of this rule, but has found none that would cause less dis ruption or dislocation of manufac turing and other commercial practices, consistent with public health and safe ty. (2) The Commission estimates that this ban may, because of testing costs and the necessity for improved house keeping practices in the manufacture of paint and similar surface-coating materials to prevent lead contaimination, have some relatively minor adverse effect on individual firms within some markets. (3) The Commission, however, finds that competition will not be adversely affected by this rule. Although costs of reformulation and testing may be rel atively higher for small manufacturers than large manufacturers, these costs are not so onerous as to lead to greater concentration in the industry. The pe riod of time before the effective date is sufficient to minimize problems of compliance with the rule. (4) The reduction of the permissible level of lead in paint will affect paint manufacturers, raw materials sup pliers, professional and non-profes sional painters, and manufacturers of furniture and children's articles. For those producers of paint which are al ready subject to the regulations under the Federal Hazardous Substances Act (FHSA), the impact of this CPS A ban will involve only a change to non-lead driers since lead pigments are pre cluded from practical use under the 0.5 percent lead restriction now in effect under the FHSA (16 CFR 1500.17(a)(6)). The manufacturers of some painted furniture who were not affected by the 0.5 percent limit under the FHSA may now be, if they use lead pigments or driers. Producers of children's articles who were subject to the 0.5 percent FHSA limit will have to ensure that the paint they use conforms to the 0.06 percent level. (e) Conclusion. The Commission finds that this rule, including its effective date, is reasonably necessary to elimi nate or reduce the unreasonable risk of lead poisoning of young children that is associated with the banned products which are described in 1303.4 and that promulgation of the rule is in the pub lic interest. PART 1304--BAN OF CONSUMER PATCHING COMPOUNDS CON TAINING RESPIRABLE FREE-FORM ASBESTOS Sec. 1304.1 Scope and application. 1304.2 Purpose. 1304.3 Definitions. 1304.4 Consumer patching compounds banned hazardous products. 1304.5 Findings. as Authority: Secs. 8, 9, 86 Stat. 1215-1217, as amended 90 Stat. 506, 15 U.S.C. 2057, 2058. SOURCE: 42 FR 63362, Dec. 15, 1977, unless otherwise noted. 1304.1 Scope and application. (a) In this part 1304 the Consumer Product Safety Commission declares that consumer patching compounds containing intentionally-added res pirable freeform asbestos in such a manner that the asbestos fibers can be come airborne under reasonably fore seeable conditions of use, are banned hazardous products under sections 8 and 9 of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2057 and 2058). This ban applies to patching com pounds which are (1) used to cover, seal or mask cracks, joints, holes and simi lar openings in the trim, walls, ceiling, etc. of building interiors, which after drying are sanded to a smooth finish and (2) are produced and distributed for sale to or for the personal use, con sumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation or otherwise. (b) The Commission has found that (1) these patching compounds are being or will be distributed in commerce; (2) that they present an unreasonable risk 380 Consumer Product Safety Commission 1304.4 of injury; and (3) that no feasible con sumer product safety standard under the CPSA would adequately protect the public from the unreasonable risk of injury associated with these products. This rule applies to the banned haz ardous products defined in 1304.3 and described further in 1304.4. (c) Only consumer products are sub ject to this regulation. Patching com pounds which are consumer products include those which a consumer can purchase. Merely labeling a patching compound for industrial use would not exclude such articles from the ban. If the sale or use of the product by con sumers is facilitated, it is subject to the ban. Patching compounds which are labeled as, marketed, and sold sole ly for industrial use in non-consumer environments are not subject to the ban. In addition to those products which can be sold directly to con sumers, the ban applies to patching compounds containing respirable free form asbestos which are used in resi dences, schools, hospitals, public build ings or other areas where consumers have customary access. 1304.2 Purpose. The purpose of this rule is to ban consumer patching compounds con taining intentionally added respirable, free-form asbestos. These products present an unreasonable risk of injury due to inhalation of fibers which in crease the risk of developing cancer, including lung cancer and mesothe lioma, diseases which have been dem onstrated to be caused by exposure to asbestos fibers. 1304.3 Definitions. (a) The definitions in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052) apply to this part 1304. (b) Asbestos means a group of mineral fibers composed of hydrated silicates, oxygen, hydrogen, and other elements such as sodium, iron, magnesium, and calcium in diverse combinations and are: Amosite, chrysotile, crocidolite, anthophyllite asbestos, actinolite as bestos, and tremolite asbestos. (c) Free-form asbestos is that which is not bound, or otherwise ``locked-in'' to a product by resins or other bonding agents, or which can readily become airborne with any reasonably foresee able use. (d) Patching compounds are mixtures of talc, pigments, clays, casein, ground marble, mica or other similar mate rials and a binding material such as as bestos which are sold in a dry form ready to be mixed with water, or such combinations in ready-mix paste form. (e) Consumer patching compounds are those that are customarily produced or distributed for sale to or for the per sonal use, consumption or enjoyment of consumers in or around a permanent or temporary household or residence, a school, in recreation or otherwise. The Commission considers that patching compounds for application in these consumer environments are either dis tributed for sale to or are for the per sonal use or enjoyment of consumers. (f) Intentionally-added asbestos is as bestos which is (1) added deliberately as an ingredient intended to impart specific characteristics; or, (2) con tained in the final product as the result of knowingly using a raw material con taining asbestos. Whenever a manufac turer finds out that the finished prod uct contains asbestos, the manufac turer will be considered as knowingly using a raw material containing asbes tos, unless the manufacturer takes steps to reduce the asbestos to the maximum extent feasible. (g) Initial introduction into commerce occurs when the manufacturer ships a product covered by this regulation from a facility of the manufacturer to a distributor, retailer, or user. 1304.4 Consumer patching com pounds as banned hazardous prod ucts. On the basis that airborne asbestos fibers present the hazards of cancer, in cluding lung cancer and mesothelioma to the public, consumer patching com pounds containing intentionally-added, respirable free-form asbestos, which have been manufactured or initially in troduced into commerce after January 16, 1978, are banned hazardous products. In addition, all other consumer patching compounds containing inten tionally-added, respirable free-form as bestos, no matter when manufactured or initially introduced into commerce, 381