Document wKKjQ6qqZqzJBbKe7MBO4J614
FILE NAME Brakes BRK
DATE 1984 Dec 19 DOC BRK237
DOCUMENT DESCRIPTION Federal Register - EPA Response to NRDC Petition
December 19 1984 / Proposed Rules
Federal Register / Vol 49 No. 245Wednesday
40 CFR Part 763
211015 TSH2726 8
Asbestos Response to Citizens
Petition |
AGENCY Environmental Protection
~
Agency
ACTION Response to Citizens Petition
SUMMARY The Environmental Protection Agency EPA is granting a petition filed
under section 21 of the Toxic
Substances Control Act TSCA by the
Natural Resources Defense Council Inc to prohibit the use of asbestos in
automobile and truck brakes EPA haproceding s
commenced an appropriatemay
to address the risks which may be posed
by this use of asbestos
DATE Submit written comments on or
-
before March 18 1985
ADDRESS Submit written comments in
triplicate identified by the document
control number 211015 to TSCA
Public Information Office 793
M. St. Office of Toxic Substances
Environmental Protection Agency Rm
107 401
SW Washington D.C.
20460 .
a commence civil action in a district court of the United States to compel
EPA to initiate a rulemaking proceeding
in as requested the petition Any such
civil action must be filed within 60 days
after EPA's denial of the petition or if EPA fails to grant or deny the petition
within days after the petition is filed within days following expiration of
the day response period
II Evaluation of the Petition
A. Introduction
On Septembe1r2 1984. EPA received
a petition from the Natural Resources Defense Council Inc. NRDC requesting that EPA prohibit the further use of asbestos in automobile and truck
brakes under B section ofTSCA The
petition requested a prohibition of asbestos in both brakes for new cars and trucks and in replacement brakes
for existing vehicleThse petition argued
that the risks posed by asbestos in -
brakes are unreasonable and that
economically and technically feasible
substitutes are available
In ordetro promulgate any rules under TSCA section.sect6ion.6 the Agency must
A copy of the petition and related . consider a number of factors including
information with any confidential . among other things the effects of a
business information deleted is locate i chemical substance on human health Environmental
in Room 107
- and the magnitude of exposure the
Protection Agency 401 M St SW : . - utiliofzutiilinzutilizingigng the substanacned
.
Washington DC 20460
This material is available for viewin and copying from.8 a.m. to 4 p.m.es legal
Monday through Friday excluding legal
-
15 U.S.C. 2605 TheAgency has conducted a review of the available
information pertaining to the use of asbestos in brakes includitnhge information in NRDC's petition A
of that review includinagn
-
evaluation of the risks posed by this use
and the availability of substitutes is
In Washington
D.C 554-1404
202-554-
Outsthi e d USe A Operator
1404
SUPPLEMENTARY INFORMATION
-
B. Risk Presented by Asbestos Asbestos is a demonstrated human that causes lung cancer and as mesothelioma a canceorf the chest and abdominal linings well as other lung
I. Introduction
.
Section 21 of the Toxic Substances Control Act TSCA 15 U.S.C. 2820
provides that any person may petitio
the Adminiosf EtPA rtoaintitoiatrein
or proceeding for the issuance
amendment repeal under
the Act various sections of
EPA may
hold a public hearing or may conduc an appropriate investigation to determite determite
the . whether petition should be grant sd
EPA must either grant or deny the
petition within 90 days If EPA grantsthe petition EPA shall promptly commence an appropriate proceeding proceeding If EPA denies the petition the reasons for
denial must be published in the Federal Federal
Register and the petitioner may
- disorders People are exposed to asbestos throughout the life cycle of the substance asbestos is mined milled processed fabricated into industrial and consumer products and
~ when those products are used repaired
.
and disposed of With regard to the use of asbestos in
brakes it has been estimated that about
2,750peopl~ are potentially exposed
during primary manufacturing of brake
friction materials and that about 550,000
people are potentially exposed to
asbestos during servicing and repair of
vehicle brakes Ref 6 For example
in brake service and repair
persons
shops typically
are
exposed
to
asbestos
Response
to
Gtizens
Gtizens
Venas
Venas
TSO
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49312
FederalmenunRmienmgenimmsnetmmeemrmees/V Voo ll 49. No. 245 / Wednesday December 19. 1984 / Proposed Rules
when dust is blown out of brake drums
being replaced when brake linings are roughened to increase friction
properties and when brake shoes are relined
Use of asbestos in vehicle brakes may also result in increased asbestos fiber concentrations in the ambient air For
-xample EPA has evidence that motor
enicle braking most likely contributes
between 0.23 to 1.3 percent of the
concentration of asbestos in the ambient air Ref 7 Both general population and
workplace exposures to asbestos fibers from its use in brakes may result in an increased number of asbestos
illnesses including cancer
products but verification of this information as well as information on price and efficacy eficacy of the products are needed before EPA can determine whether continued use of asbestos in
brake risk blocks presents presents an unreasonable
2. Light and medium vehicle drum brake linings D um brake linings are
made of friction materials which cover
curved metal shoes in a drum brake
About 46 percenpercen of all asbestos used in
brakes is in this category of use Light vehicle asbestos drum brake linings may
be used in both the front and rear
brakes of light and medium vehicles
primarily on the front wheels However
Availability of Substitutes
most passenger vehicles vehicles still use drum
The petitioner asserts that
economically and technically feasible
subsurutes most prominently
semimetallic friction materials and
aramid fibers are available to replace asbestos in brakes EPA has analyzed
the availability of substitutes for many
asbestos products including brakes and that analysis is summarized in
Appendix A of the Regulatory Impact Analysis of Controls on Asbestos
Products Ref 2 which is included in the public record established for
NRDC's section petition EPA
acknowledges that new substitutes for asbestos use in brakes are being
developed and that EPA's '
analysis
summarized below may not include
recent developments .
may require . 1. Heavyvehicle brake blocks Brake
manufacturers Therefore blocks are components of brakes that
of are riveted bolted to the insides
brake shoes to provide protection
against the heat and wear causebyd-
blocks are Heavy vehica disc brake pads braking Heavy vehicle brake
used on heavy duty trucks buses and other heavy duty vehicles About 34
percent of all asbestos used in brakes is
in this category ofuse Asbestos heavy
vehicle brake blocks account for about
99 percent of the market for heavy
vehicle
brake linings on he rear wheels At
least 99 percent of drum brake linings
are still asbestos .
Until recently he only substitutes for asbestos brake linings which appeared
to have any pote itial were semimetallic
brake linings However However these products tend to perform cratically at different
temperatures far e and produce more
noise than asbes based linings More
recently brake li ings made with
aramid fiber have been developed
However these are more expensive
than the asbestos produacndt there is
not currently eno igh information
available to judge the performance of
aramid fiber brake linings Furthermore
EPA's evidence indicates indicates that large
volume production of aramid fiber retoling -
brakes
require substantial retooling
by brake manufacturers
aramid fiber brakes may not be
in availabsublstanetial substantial quantitites for
*
several years
3.
Disc brake pads are are steel plates timed
a rotor Heavy ve sicles rarely use disc
brakes About 0.1 percent of all asbestos
used in brakes in this categoof rusye
Samimetallic di bonke pads are about percent 1 more expensive then the
recently only asbestos disce disce pads but they Until recently
commercially last about 30 perc longer The
~
available substitute for asbestos heavy semimetallics disc brake pads are not
vehicle brake blocwakssa semimetallic
'
consti o bd a e podrgeened ral
brake block using brass zinc chips- repla forcuse besm tosedin sc bt raks e |
in an organic binder it is not considerad
pads for becra icleu s bes caue se -
as good as
itperforms semimepetr a ormlbl etti erc ths an
erraatt di iffc erea nt l templ eraty ures
asbestos only in hostile friction
also considered inferior to the asbestos heat envirom nents
brake block in resisting wear
4. Light and medium medium vehicle disc
minimizing brake fade Recently aramid . brake pads These are the same as disc -
fiber products sucahs Kevlar have
brake pads for hen wy vehicles except
products are now more expensive than asbestos products and there is not
sufficient evidence to determYANG whether aramid fiber products will be as
as effective asbestos in this application
Information suggests that such products
may last longer than asbestos
they are perc 20 e percen nt ot f all asbestos used in trakes trakes is in this :
category of use In disc brake market semimetallic brakes have =~ already made larger larger inroads and as in
the drum brake linings market aramid-
based brakes are just beginntionbge introduced Approximately Approximately 50 percenotf
discs brakes in the original equipment
market are asbestos and 50 percent are
semimetallic In the replacement brakes market approximately 70 percent
of disc brakes are asbestos and 30
percent are semimetallic
Semimetallic disc brakes cost
approximately 3 times as much as the asbestos disc brake pads but they last
about 40 percent longer than the
asbestos pads Semimetallic disc brake
_
pads cannot substitute for asbestos disc brake pads in every application because of inferior performance characteristics EPA has information indicating that semimetallic disc brakes should be used
only in cars with power brake systems because otherwise the semimetallic brakes may not provide enough stopping
power EPA also has information that
the semimetallic brakes are slightly inferior because the user has to push harder on them before they are warmed up to get the same performance as with
asbestos brakes
EPA is aware that a good deal of product research is being done to develop effective substitutes for asbestos in brakes EPA is seeking additional information on substitutes for asbestos in brakes
EPA has decided to grant NRDC's
petition becuase the Agency believes
that the use of asbestos in brakes does
present risks to human health EPA is
initiating a proceeding to gather information on the desirability and feasibility of reducing risks associated
with the use of asbestos in brakes EPA
will analyze exposure from uses of
asbestos the risk presentebyd those uses and the substitutes for such uses
EPA will also gather information of the
price efficacy and availability of
substitutes for asbestos in brakes After
analysis of this information EPA will
deter whm at ifun rthe er action is
appropriatteo address risks which may be posed by this use of asbestos
Based on information reviewed to
date EPA is not prepared to make an
unreasonable risk finding for an
immediate ban of all uses of asbestos in brakes at this time Effective substitutes
may not be availfoar cberltae in
;
applications of asbestos in brakes and
available in sufficient quantity because
of limited production capacity Resouling
may be required to make substitutes
available in large
. :
The Agency invites the public to
relating submit comments on issues
to
particularly
the petition EPA is
interestedin receiving information on
both the current availability of
substitutes for asbestos in brakes and
Federal Register / Vol 49 No. 245 / Wednesday December 19 1984 / Proposed Rules
49313
on new substitute products that are currently being developed The Agency has an ongoing workgroup which will
review these commentws ill will continue to
investigate the availability of effective
asbestos substitutes for use in
vehicle brakes and consider
appropriate options to address the risk
presented by asbestos in brakes
IV Record
EPA has established a record record for
information relating to the NRDC petition The record includes includes
information considered by EPA in developing this response and consists of the following categories of information - 1 The NRDC petition
2 Appendix A of the Fegulatory Fegulatory
Impact Analysis of Contro on
Asbestos Products
3 Other information on substitutes
for asbestos in brakes
.
4 Information received from the
public concerning the petit on
5 Memoranda summari ring meetings and telephone conversations with the
public concerning the petit on
.
6 Appendix ) of the Regulatory Regulatory
Impact Analysis of Controls on
Asbestos Products
;
7 Appendix N of the Regulatory
Impact Analysis of Controls on
Asbestos Products
. A public version of the record
without any confidential business
information is available to the public in the Office of Toxic Substar ces Public Information Office from 8.1.m. 8.1.m. to 4 p.m. Monday through Friday except legal holidays The Public Information Information Office
is located in Rm 107 401 M St. SW
Washington D.C.
Dated December 14 1984
William D. Ruckelshaus Administrator
FR Doc 84-33120 Filed 12-17- 1:14 pm
BILLING CODE 6560-50
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