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Federal Register / Vol. 44, No. 202 / Wednesday, October 17,1979 / Proposed Rules 60855'- CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Chapter II Consumer Products Containing Asbestos; Advance Notice of Proposed Rulemaking AGENCY: Consumer Product Safety Commission. -' action: Advance Notice ofProposed Rulemaking.___________________ . summary: The Consumer Product Safety Commission is concerned that consumer exposure to asbestos from consumer products may present an unreasonable risk of injury and that some consumer products containing asbestos may present a substantial product hazard. CPSC will begin its formal investigation, of the use of asbestos in consumer products by publishing this notice soliciting general information on the use of asbestos in consumerproducts. In addition to soliciting information bn the use of asbestos ta consumer products, this notice describes CPSCs proposed regulatory approach to asbestos in consumer products and solicits public comment on the approach. The Commission will consider the comments during the development of any proposed regulation or other remedial action to protect consumers. date: Comments and information should be submitted on or before December 17,1979. Those comments received after this date will be considered only to the extent practicable. ADDRESS: Comments and information should be sent, preferably in five copies,, to Office of the Secretary, Consumer Product Safety Commission. Washington. D.C. 20207. and should refer to "Asbestos." Received comments and other relevant information may be examined in copies obtained from Office of the Secretary, 1111 18th Street. N.W., 3rd Floor, Washington. D.C. 20207, during business hours Monday through * Friday. FOR FURTHER INFORMATION CONTACH Francine Shacter, Program Manager. Office of Program ManagementConsumer Product Safety Commission. Washington. D.C. 20207, telephone (301) 492-6557. For information concerning financial compensation for public participation in this investigation, contact Catherine Bolger, Office of the Secretary at the above address, telephone (202) 254-6241. SUPPLEMENTARY INFORMATION: only brief or intermitten "bystander" ,.rr Background . .rtpK-;-. . Asbestos is a general (ernrfor any of several naturally occurring fibrous minerals composed ofsilfca. oxygen, exposures. Autopsy studies of lung tissues of. 7", residents in urban areas in many parts' > of the wartd indicate that the general--population ! being exposed to asbestos- hydrogen, and other elements such as from the general environment and^that sodium, calcium, iron, or magnesium. once inhaled, asbestos fibers caaremain There are six basic varieties ofAsbestos lodged in the lungs for life. - - - minerals that are found in fiber form: chrysotiie (the mostcommon variety, and that found in aboutS5% ofasbestos- Health Risks Related to Consumer Products ContainingAsbestos containing products in the Unites Asbestosjreleased from consumer States). amo8ite, crocTdofite, actinolite products poses several unique problems Asbestos, tremolite esbestos^and in the household. First, young childrefi anthophyQite asbestos. \ and infants are subject to expoaurcLThis . The high tensile strength, flexibility is of particular concern, to.the ' and heat chemical sefiatancecf Commission. Second, unlike asbestos asbestos-makes it adaptable to a large released Into the general environment numberof uses. Although precise figures where fibers may be disbursedby air on the number of asbestos-containing currents, asbestos fibers released from products, are nat available, the , consumer products intothe -living space Commission estimates that hundreds of can remainto 'Aconfined space over different types of consumer products long periods of time bud may be subject contain asbestos in.some form. Many to repeated cycles ofsettlingrond. consumer products, lorexample. contain resuspension. Hie presence of asbestos asbestos paper as a thermalor electrical fibers can thus pose an ongoing --- - insulating barrier. Asbestos is also inhalation risk in the household. Third commonly used inhousehold building unlike the workplace-where engineering products to provide strength and control systems and protective clothing stability: are available-tominimize worker exposure-to asbestos: household Health RisksRelafetFtcrXsbestos members have little or no protection Exposure ' from exposure to asbestos fibers CPSC is concerned that the presence released from consumer products. of asbestos in-consumer products, under Previous Commission Action certain conditions, may-present a risk of Concerning Asbestos in Consumer cancer and respiratory disease. On the Products ' ' basis of current information, it appears that consumer products containing asbestos fibers canpose a health hazard if the asbestos fiberaare released into the air. and therefore are available for inhalation. The hazard may be undetectable in the ordinary use of asbestos-containing products, since some asbestos fibers may be visible only by means of optical or electron microscopy. The Commission has issued rules declaring consumer patching compounds and artificial emberizing materials containing,respirable asbestos as banned hazardous products under the Consumer Product Safety Act (CPSA>. (16 CFR 1304 and 1305, 42 FR 63354. December 15,1977.) These actions were taken on the basis of Commission findingethat the use of these products in the household would subject consumers A large body of scientific evidence to increased exposure to asbestos fibers. suggests that all major types of asbestos.- ; The Commission determined that this are carcinogenic. Animal data and ~ increased exposure, combined in many human epidemiologiestndies support -si cases with exposure to asbestos from this conclusion. other soioces, would result in an Extensive epidemiologic studies of '& increased risk of cancer. In view of the health effects conducted in occupational seriousness of this illness and the - settings provide the largest body of - informationon asbestos-related diseases: Since the early 1360's there-' cumulativeeffects of asbestos exposure, the Commission- determined that continued use of these products in the has been increasing evidences* well of> ^ household presented an unreasonable asbestos-related diseases in populations ; risk of unjury and that no feasible not occupationally exposed to asbestos. consumer product safety standard under Epidemiologic studies have -. r:- demonstrated increased inddence of the CPSA could adequately protect the public from the risk. asbestos-related diseases, including'lung cancer and mesothelioma (a cancer of the linings of the pleura and peritoneum) among nonoccnpationaUy exposed The Commission has also been concerned with the use of asbestos in hair dryers in light of information initially indicating that a significant: populations, induding individuals with C 003231 '} .. if ' ..-aavi LAM022886 "60058 Federal Register / VoL 44, No. 202 / Wednesday. October 17, 1979 / Proposed Rules proportion of some SO to 60 million hair - section 27(b)(1) of the CPSA (IS U.S.C. dryers in consumers' bands or in the 2076(b)(1)) to require manufacturers chain of distribution contained asbestos. (including importers) and private J As a result of negotiations between the labelers of certain categories of Commission's staff and firms which consumer products to submit share approximately SOX of the information bn die use of asbestos in . consumer hair dryer market, the firms specified consumer products which the have agreed to cease production and Commission believes merit initial distribution of hair dryers containing attention.The Commission intends to asbestos and to offer consumers some form of repair, replacement, or refund. The Commission's concern with hair dryers containing asbestos has been broadened to indude hair dryers'used - by consumers in commerdalhair dressing establishments. Tests of hair dryers containing asbestos have been performed for CPSC . by the National Institute of Occupational Safety and Health (NIOSH) of the Department of Health, Education, and Welfare to aid in the determination of emission of asbestos fiber from the hair dryers. The results of these tests are currently being analyzed. select consumer products containing asbestos for priority attention in this investigation, based on the following criteria: (1) the number of units of the product estimated to be in use by consumers, (2) the form and location of the asbestos in the product: (3) die frequency, duration, manner, and location in the consumer's environment of product use, including such factors as the expected useful life of the product and the presence of heat and/or moisture and the likelihood of abrasion during use or foiseeable misuse; (4) the likely availability and feasibility of substitutes Tor asbestos in the product; Information Gathering on Consumer Products Containing Asbestos ' ' In order to determine the scope of the potential problem posedjry consumer products containing asbestos, CPSC commissioned a study to determine what other categories of consumer products contain asbestos. As a result of a report by a Commission contractor. Review ofAsbestos Use in Consumer Prducts, A. T. Kearney, Inc., Management Consultants (April, 1978) (Kearney report) and through examination of other published sources, the Commission has developed information that indicates the presence of asbestos in a number of consumer products. Using the Kearney report and other available published sources, the Commission's staff has grouped the products according to die general form in which the asbestos exists in the product. This list of consumer products or categories of products containing asbestos is set forth in Appendix A to this notice. Also included in Appendix A is a list of consumer products dial have' been the subject of consumer inquiries or that are otherwise alleged to contain *(5) the relative ease of data collection and analysis by the Commission and die reporting burden on industry; and (6) the degree of potential overlap of CPSC reporting requirements with the information gathering efforts of other regulatory agencies, particularly the Environmental Protection Agency, The information which the Commission may require in the general or special orders includes for the products covered: specific product indentification information; the function performed by the abestos in the product; a description of the asbestos; the' location of the asbestos in the product; available test or other data concerning asbestos fiber emission; information on the promotion, marketing, and use patterns of the product: and information on possible substitutes for the asbestos in die product' The Commission plans to begin selecting products for priority attention and may issue general or special orders to require the submission of information on those products during the time it is receiving comments on this notice. - The Commission intends to coordinate asbestos. The Commission requests the gathering of information under the interested persons to provide ~ general and special orders with the information on whether the lists in information gathering activities of the Appendix A are complete and accurate. Environmental Protection Agency (EPA), Any information received in response to which is proposing, in an Advance this notice will help the Commission Notice of Proposed Rulemaking determine the scope of the problem and appearing elsewhere in this issue of the identify specific products on which it Federal Register, a comprehensive ' may-need to focus its attention. regulatory program under the Toxic To obtain additional specific ' Substances Control Act to address information on the use of asbestos in asbestos exposure. Coordination consumer products in the near future, between CPSC and EPA will include the the Commission intends to issue general sharing of information, including where and special orders under the authority of permitted by applicable law, the sharing of confidential btniness information. Through thiscoordination,EPA and CPSC will endeavor to reduce reporting burdens on industry and improve the efficiency and effectiveness ofy solicits comments and information from interested persons on the issues raised by the sharing of confidential business information, particularly concerning ways to reconcile the agencies' need for information with industry's legitimate interest in preserving the confidentiality of trade secrets and other confidential commerical or financial information. RegulatoryApproach General Policy The previous regulatory action the Commission has taken concerning asbestos in cpnstutier products has been based on several principles. First the Commission concluded that exposure to any respirable asbestos fibers from consumer products presents a health risk because there has not been demonstrated to be a threshold or no effect level below which exposure to asbestos fibers would be considered safe. Further, exposure to asbestos from consumer products is generally in addition to environmental exposure from a number of other sources, and therefore must be viewed as part of a cumulative burden of asbestos exposure. Second, the seriousness of the injury associated with asbestos exposure--the potential increased risk of cancer--was given considerable weight by the Commission in the decision-making process to determine whether the consumer products presented an unreasonable risk. As it is required to do by statute, the Commission carefully considered the effect of regulatory action on the utility, cost and availability of the product and concluded that in the absence of compelling evidence of unacceptable social or economic costs associated with removal of asbestos from the product, regulatory action was warranted. The Commission recognizes that before it may take regulatory action, the Commission must make the necessary statutory findings, based on substantial evidence; and that it must observe the requisite procedures designed to ensure due process in-taking regulatory action. As a general approach, however, the Commission proposes initially to seek the elimination of all non-essential uses of asbestos in consumer products from which asbestos fibers are released during reasonably foreseeable conditions of use, including misuse. The Commission proposes to take regulator)' action concerning non-essential uses of as of I' ra In as F wi fa.? fu: th( us 8V thsu i re> L Pf! c 003232 A LAM022887 Federal Register f VotT 44', No. 202. / Wednesday, V/viUuCl 1/t asbestos on the basis of a determination hazard andrequiringther^pair or number of different consumer products , of the fact of asbestos fiber emission, replacement of the product or refund of that share.similar of related uses of -j.-;-.* rather than a quantitative assessment. the purchase price; or asbestos, provided the Commission In determining whether a use of (5) rules requiring manufacturers of makes the requisite statutory finding* . asbestos is essential, the Commission the product to give notification to under the CPSA. (See section 9(c^,l5- will generally consider a number of consumers of performance and technical U.S.C. 2058(c).) . i-W- factors, including.but not limited Uu the data, including wanting* or.instructions Regulatoryaction to addiesa asbestos function performed by the asbestos in for safe use, at the point of sale. Such in consumer products could include . . the product, the benefit derived from ti\e performance and tediniretl data could regulation of asbestos as a component in use of asbestos in the productrand the include the results of testing which, availability and cost of substitutes for under certain circumstances, the the asbestos; and the safety of such Commission may require manufacturers substitutes. to perform. . which contain asbestos te a form that The Commission proposes to use this At any time, even when one of the results inexposure to asbestos fibers; or regulatory approach in addressing the above proceedings is pending, the regulation of individuaLpraducts that . problem of asbestos exposure from Commission may file a civil actionin a contain asbestos on a casa-by-case ; consumer products and solicits United States district court against an basis if exposure to asbestosfibers ... comments frominterested persons on "imminently hazardous" amsamer ~ occurs. The Commission has used the whether this is an appropriate approach product or dm manufactarei; distributor latter approach,fa the past.From the under the regulatory authority of the or retailerof such product for seizure or standpoint of effective protection ofthe Commission. Injunctive relief. public health and efficient expenditure By proposing this regulatory The FHSA prescribes requirements for* of limited resources however, the approach, the Commission does not cautionarylabeling of household . . , Commission believes that fa certain . ~ intend to preclude possible action to address essential uses of asbestos in products which are arcontain "hazardous (including"toxic") circumstances a broadezvmoce "generic'" approach to regulation maybe consumer products from which asbestos substances", as those terms are defined- preferable. Where appropriate, the . fibers are released. The initial focus,, in the Act or as the Commission may CommissionwilLconsidersuch an however, will be on non-essential uses of asbestos. Statutory Tools for the Regulation of Asbestos in Consumer Products CPSC administers two statutes under which it is empowered to regulate asbestos in consumer products. Under the Consumer Product Safety Act (CPSA, 15 U.S.C. 2051, et seq.). CPSC definethem by regulation. The Commission also may prescribe by regulation reasonable variations or additional label requirements for 1 hazardous substances. If the . * Commission, finds that notwithstanding cautionary labeling, the degree or nature of the hazard presented by the substance is such that the public health can be adequately protected only by approach to the regulation of asbestos fa consumer products, fa situations where a particular type of product is found to present a hazard, the Commission will pursue appropriate regulatory action as to that product type. Issues Highlighted Far Comment The Commissfon solicits comments and information from interested persons has the general responsibility to protect excluding such substance from the on all the issues raised fa this notice as the public from unreasonable risks of injury, illness or death associated with consumer products. Under the Federal. Hazardous Substances Act (FHSA, 15 channels of commerce, it may, by regulation, declare the-substance a banned hazardous substance. Banned hazardous substancesare subject to well as any other matter relevant to the investigation and possible regulation of consumer products containing asbestos. The Commission is particularly U.S.C. 1281, et seq.), CPSC may regulate automatic repurchase under the Act. interested in receiving comments and hazards presented by the presence or Where a serious threat to public health information on the issues and questions use of toxic and other hazardous exists, the Commission, pending setforthbefow. .-> - - substances in the household. completion of a rulemaking proceeding 1.Js the Commission's list of Possible regulatory actions under the . to declare a substance abanned consumer products containing asbestos CPSA to address asbestos exposure hazardous substance, may, by notice (or possibly containing asbestos) * include: published in the Federal Register, ' ' contained fa Appendix A accurate and &' (1) consumer product safety standards declare a substance an "imminent . = txtmpleteSjfowraereprodncts or consisting of requirements as to hazard"; and thus temporarilyban such * ' categories:ofproducts on the list that performance, composition, contents, substance from the cbannelsof ' are' (a) no longer manufactured or (b) design, construction, finish or packaging commerce. ~ J:,:' currentlymanufactured but no longer - of the product; The CPSA empowers the Commission'' contain asbestos? Are there products or (2) consumer product safety standards to address unreasonable risks.of injury Jv - categories of products currently requiring that the product be marked with or accompanied by clear and associated with consumer products or -' manufactured that contain asbestos but components of strchproducts. The that are not on the list? adequate warnings or instructions, inclusion of components was tatendedua-; 2. How can agencies (such-as CPSC including requirements specifying the form of warnings or instructions; (3J rules declaring the product a to enable the Commission "to regulate 4^ and EPA1 proceed to-obtain information just a part of a consumer product if.only, ; necessary to make informed regulatory such-regulation were warranted."ASG~\ .v decisions concerning asbestos while banned hazardous product; Industries. Inc. v. Consumer Product,, =- considering industry's, and the genera] (4) orders, following the opportunity Safety Commission, 593, F. 2d 1323 (D.C. public s interest in avoiding unnecessary for an evidentiary hearing, determining Cir. 19791.This recognition that.products reporting burdensI How can the that a product presents a substantial may pose a risk of injury becauseoftha. agencies' needs forinfonnation.be met product hazard; and requiring the ' presence of a particular component-' while protecting industry's legitimate manufacturer, distributor, or retailer to suggests that the Commisshm cottld r- interest in preserving the confidentiality notify the public and specific purchasers address in a single regufatoryecfion the of trade secrets and other confidential of the product of the nature of the use of asbestos as s component to a commercial andfinancial information. c 003233 LAM022888 60066 ' Federal Register / VoL 44, No. 202 / Wednesday, bclober 17,1979 / Proposed Rules 3. The Commission's proposed should receivepriorityatlentibninthi8 Roofing felts (outer layers) regulatory approach will initially seek ' the elimination of all non-essential uses of asbestos in consumer products from which asbestos fibers are released " during reasonably foreseeable conditions or duration of usd. including ."iriyetrtigationiAv;?'; A:fA/ 9.The Commission hasllstptf-A number of criteria which it intends to . apply to selecting consumer products containing asbestos for.priority; .. attention-tofts investigation-Arethese Pipe and boiler covering - Vinly sheet flooring backing -Radiator top insulation Appliance heating shielding (paper) Slow cookers Hair dryers Paper aheets for heat insulation misuse.-ls this a sound approach?is it criteria appropriate? Are there i >-'! Millboard an appropriate one under the statutes additional criteria that should be the Commission administers? Under . - r applied? ' .y TV and other electronic switch plates Electric switch boxes what circumstances should the Public Participatian * ' ' ' Commission consider action to address essential uses of-asbestos in consumer During the investigation andpossible products from which fibers are released? 4. How should the Commission' determine what constitutes an essential use of asbestos in consumer products? Are the Commission's proposed criteria. ` appropriate? How mudi weight should . regulation ofconsumer products containing asbestos. the Commission hopes to receive theviewsofpubUc interest, consumer, industry and other interested groups bn alt relevant issues. In order to facilitate this participation, . . Metal reinforced gaskets (for air-cooled : engines) Electrical washers Linings for ovens, kilns, safes, safety v, boxes, incinerators Millboard sheet Wall protection behind heat-generaling . products Floor protection under wood and coal stoves be given to cost, availability, utility or safety of substitutes for asbestos in consumer products? How should: the :!, societal benefit derived from a product, : or the use of asbestos in a product, be' assessed? 5. The Commission's proposed position concerning the type of evidence necessary for regulatoryjsction is that it can take action on the basis of a determination that asbestos fibers are being emitted from a product Is this " approach appropriate? In what situations should quantitative measures of asbestos fiber emission be attempted? If so, who should conduct the tests to . determine the quantitative levels being .emitted from particular products? ;. Should the Commission attempt to define or develop criteria to determine whether asbestos fibers are "respirable"? 6. Where appropriate the Commission intends to consider regulation of ' asbestos as a component of one or more groups or classes of consumer products (i.e. "genetically"), rafter than on a - product-by-product basis. Under what circumstances would this be an / ? ; - the Commission, to addition to soliciting written comments and information through this notice, may conduct one or more public hearings or meetings^ In ' order to ensure representation of ' viewpoints from groups,toid individuals who.might-otherwise not have the-- - means to furnish comments toresponse to this notice, the Commission will make available financial compensation for : 1 reasonable expenses Incurred to furnishing- comments. Funding will also be available for participation to any bearings, meetings, or other future Commission proceedings connected to this investigation'. Eligibility for financial compensation will be determined to accordance with the Commission's -Interim Policies and Procedures concerning Financial Compensation of Participants to Informal Rulemaking Proceedings (16 CFR Part 1050). Individuals or groups who wish to apply for ftoSncial compensation should promptly contact the Office of the Secretary qt toe above address, and indicate their interest to-receiving the necessary application forms and other information.. r v; Soldering and welding blocks Iron rests Appliance beat shielding (millboard) Toasters Rotisserie broilers Fireproof wallboard Metal-tlad fire doors and partitions Tent grommets . Stove pipe rings Cloth and Woven Products : Flexible air conductor for heating, cooling and ventilating equipment Appliance wiring Barbecue fire starters Broilers Curling irons . Electric blankets Hair dryers Ranges ' " Stow cookers ' Toasters Irons Deep fat fryers Electric fry pans Awnings Candlesticks - Catalytic Heater Mantles Cigarette Lighter wicks Cord Seals for high temperature'gaskets Valve steam packings appropriate approach? What are the advantages or disadvantages of such an approach? (Consumer Product Safety Act 15 U.S.C. 2051 et seq.. Federal Hazardous Substances Act. 15 U.S.C. 1261. et seq.) - Insulation forglass handling tools Reinforcing for braided wail stem hov. Theater curtains 7. The Commission does not intend to Dated: October 12,1979. Fell employ quantitative estimates of cancer risks posed by exposure to asbestos . fibers in making regulatory decisions ' concerning consumer products containing asbestos. Is this an ' ' SadyeE. Dunn, Secretary. ConsumerProductSafety -- ~ Commission. , Appendix A,--Consumer Products Containing Asbestos 1 . r Reinforcements in plastics Caskets Reinforcement in asbestos tapes Secondary insulation in high temperatun wire and cable Asphalt impregnated roofing felts appropriate approach .to th'e regulation of the risks posed tb the publiti from. exposure to asbestos in consumer products? B. The Commission lias limited information concerning qualitative Or quantitative studies of asbeBtos'fiber emission from particular consumer products: The Commission is interested in receiving any such information in' ' Asbestos PaperProducts ~' Acoustical ceiling tile .. Lamp sockets Burner mats for gas stoves ' ' 1 Source: Review ofAsbestm Vse in Consumer Products. AT. Keamy Inc* Management ' Consultants (April 1978), and other published sources. Pinal jurisdictional determinations tor these products have not been made. The inclusion of s product on this list does not'mean that ell Piano and organ felts Heating pads (element insulation! Ironing board pads and covers Lamp and lantern mantles Pipe and boiler covering Pot holders and oven mitts Flame resistant garments Cloves Hats Helmets Hoods order to help identify products which brands or models of that product contain asbestos. Mittens Vi. talk c 003234 iA LAM022889 Federal Register / Vol. 44, No. 202 / Wednesday; October 17, 1979, / Proposed Rules 60061 Overgaiters Sleeve* - Suita Umbrella* ApronsAnn protectors. Vinyl asbestos floorfiles Abrasive wheels Aerial distress flares r Molded plastics and phenolic laminates Paint Textured paint -- of asbestos per year. Some fibers used/ -.>* V"' in these products sire inevitably released as a result of fiber processing, product manufacturing, disbibuthm in commerce, product use. mid disposal/. Flame-resistant blankets Cement, drywall and plaster patching Much of fids asbestos remains in the, ,,* Boots compounds ..r. biosphere as a ubiquitous pollutant; - Caps Artificial gas fireplace emberizing material because of Ihe fibers' mobility and ;. Smokers' bibs ` Phonograph records.-w . . resistance to chemical and physical - i Stoves--Coal and wood burning Tape for pipe insulation Braid and rope for packing Motion picture screens -- Tent grommets . , - Asbestos Cement Products Water, sewer and septic drain field pipe Airduct pipe Sheet products Roofing clapboard ' Siding . ' Consumer Products Possibly Containing Asbestos * v-Kv; Appliances Air conditioners - Dishwashers Hand-held mixers . Portable electric heaters Popcorn poppers - Refrigerators Vacuum cleaners r" " ~ decomposition. Humans may be exposed tothese fibers from the tr- aforementioned direct an^hiairei^iuu-?.- sources. - : . - - Certain exposures, to apbestoa are controlled under various Federal send' State authorities. However, because ofvf limited mandates (Le, focuimd on ; . specific populations or exposure - sources), technical difficulties fe,. Shingles Waffle Makers available fiber measurement . u.,.,. lnterior.walls Miscellaneous Products techniques), and otheranalytical Boiler and furnace baffles Bulk sheeting Welding shields Baking sheets Blackboards Laboratory table tops Linings for vaults, safes, humidifiers anil ' Carpet padding '1 Fire places Instant papier mache Light fixtures on railroad passenger cars - Welding masks File cabinets constraints.these authorities are not . able to deal with the total asbestos - problem. As a result many population . segments remain exposed to. and inadequately protected from both direct and diffuse sources of asbestos. filing cabinets - (TV Doc 7ftJ20S7Filed 10-16-79: &4S to| . . The comprehensive manadate of the Viscous Matrix Products MUJHOCOOE SSSS-Ot-M TSCA- enables EPA to reduce health risk from sources which are difficult to ... Adhesives (glues arid epoxies) control through media-specific or Air duct cement for asbestos-cement air duct Buffing and polishing compoundsCaulks and putties Floor tile cement arid mastic ENVIRONMENTAL PROTECTION AGENCY; 40 CFR Part 763 source-specific regulation authorized under other Federal authorities. Under TSCA, EPA is currently investigating the Auto body filler cumulative effects of exposure to Flashing cement [OTS 61005; FRL1332-4A) asbestos throughout its life cycle in . Furnace cement commercial and industrial products (i.e., Glazing compound for ceramics . Commercial amt Industrial Use of from mining and milling through Pipe and boiler coverings Roof and driveway coatings Stains and varnishes Automotive metal deadener Automotive undercoating Refrigerant cements Automotive muffler repair compounds - Asbestos Fibers; Advance Notice of Proposed Rulemaking agency: Office of Toxic Substances. . Environmental Protection. *QEWCY: (BPA, or the Agency)......... , processing, product manufacturing, use and disposal). Our preliminary studies indicate substantial continuing exposure of millions of people to the ever growing inventory of asbestos sources,. As a result of this study! the Agency expects Products Subject to Inadvertent Asbestos Contamination Driveway gravel Fertilizer and lawn care products Potting materials (vermiculite) Talcs for noncosmetic or food use ACTION: Advance Notice of Proposed - Rulemaking {ANPRM) Under the Toxic Substances Control Act (TSCAJ. summary: EPA is concerned that many sources of human exposure to asbestos may present an unreasonable, health to promulgate rules to prevent and reduce any unreasonable risks that are identified. - -> - - - i EPA anticipates that any rules it . develops to control unreasonable asbestos risk will evolve diiefiy from a " applications risk. Exposure to asbestos fibers .has -combination of die following regulatory. Miscellaneous Products Acoustical and thermal insulation material sprayed Ammunition shell wadding Automotive mufflers Barbecue firebed materials in gas barbecue grills Boat Hull Repair Kits Flowerpots Friction Materials Clutch plates Brake linings Potters' kilns (home hobby) Pottery clay Powder (asbestos) Bulk fiber Reinforcement in molded plastics and rubber Automotive radiator sealant been shown to contribute to increased risk of lung damage (asbestosia) and cancer of several anatomic sites in humans. ....... f Asbestos is a generic name for several naturally occurring mineral-fibers..Since: the beginning of the century, approximately 30 million tons of asbestos fibers have been used in the - United States to produce thousands of commercial and industrial products. The inventory of asbestos products is growing since products introduced into. commerce represent about 750,000 tons 1 Source: Consumer inquiries end other eonreet not verified by (HeCommiuiotu ^~ - approaches. Under the first approach. the Agency might promulgate rules that_. prohibit the processing, manufacture. ... and use of certain asbestos-containing/1 products or product categories^Under the second approach, the Agency,might - limit the annual amount bf.asbeatoa imported and produced in the United States, otit might limit the amount of .. asbestos processed in the United States. Both approaches would aim at reducing - the consumption of asbestos for ^ nonessential purposes. Both reflect the . Agency's belief that many asbestos products have economically available- substitutes. All rules would be designed to minimize adverse impacts on industry * if. C 003235 L \> t*' -I LAM022890 H-'' 60062 Federal Register / Vol. 44. No. 202 / Wednesday, October 17, 1979 / Proposed Rules by providing isufficienl time to adopt SUPPLEMENTARY INFORMATION: .: .. . substitutes and eliminate asbestos The Problem . processing equipment. ' . : ;.y- Control ofasbestos-already installed or in service will generallyrequire action different from the Dnes above. Many existing sources aredifficult to identify and control.However, ns an initial step, theAgency is investigating the development ofa rule to require public school surveys to-determtoe whether asbestos hazards arepresent due to deteriorating insulation. The Agency aril] also conirider requiring EPA has conducted a prefimliiaiy evaluation of asbestos related health effects and exposure situatlons. On the basis of titb evaluation. EPA believes that many sources of exposure to asbestos may present an unreasonable human health risk because of serious adverse health effects and large' .. `numbers of people subject to exposure. Studies of exposed populations have shown that asbestosis, a progressive deterioration of lung function, and appropriate corrective measures where various types of cancer are associated hazards are found. An Advance.Notice of Proposed Rulemakmg has been published in the Federal Register with asbestos exposure, even at low concentrations or aftershort.exposiire periods.11 ....... describing this action (44ERSW7B, - Asbestosis a generic namefora- September 2a 1979). Other existing variety of naturally occurring fibrous - sources that the Agency may control in mineral silicates (chrysolite, amosite, the future include pabticbmldings where asbestos was used asan crocidolite, anthophyllite, tremolite, and actinolite). For many years esbestos has insulation or decorative material and provided reliable protection against . merchant ships where asbestos is -. damage from heat, fire, and rot and has widely used as insulation. ** v : ^ r - served many other valuable.functions. In support of die investigation of The high tensile strength, flexibility, and asbestos products and^uses.'EPA - heat and chemical resistance of expects to issue a reporting rule under asbestos fibers make them adaptable to section 8(a) ofTSCA to gather-economic a large number of uses. Although and exposure information. The Agency accurate figures on the number of also anticipates issuing a rule under asbestos-containing products are not section 8(d) of TSCA to requirethe- available, some 2.000 to 3,000 discrete submittal of unpublished health and ' products are estimated to contain the safety studies relating to asbestos. - material. Finally, EPA will consider the need for Asbestos hse has been increasing supplementary regulation under other steadily. Since the beginningof this Federal laws administered by EPA and century, approximately 30 million tons other Federal agencies. - of asbestos have been used in the - EPA solicits comments-on this Notice. These comments will he considered during development of airy proposed regulations. . . -1- - United States with the total increasing annually by about 750,000 tons (average annual use over the past ten years).1 Much of this asbestos is stilt in the biosphere because asbestos fibersare date: All comments must be received by ' highly indestnictible and quite mobile, the RecordCleric by December-17,1879. moving from land and water to air address: Mrs. Joni T. Repasch, Record Clerk, Office of Toxic Substances (TS793). US. Environmental Protection Agency. 401 M Street. S.W.. through normal physical processes. " Exposure sources include mines, mills, processing facilities, products, disposal sites and the ambient environment With Washington. D.C. 20460. Comments should include the docket number OTS-61005. Comments received on this Notice will be available for viewing and copying from 9a.m. to 4:30 p.m- Monday throughFriday, excluding holidays, in Room 447 East Tower, EPA Headquarters. 401 M Street. ' long latency periods between exposure and evidence of disease, we probably have not yet felt the total impact of asbestos-related disease incidence due to the growing presence of asbestos in the biosphere. Approximately twentyFederal -- . regulations under various laws regulate Washington, D.C. - - FOR FURTHER INFORMATION CONTACT: Industry Assistance Office, Office of Toxic Substances (TS-799), Environmental Protection Agency. 401M ' BogoviiM. P. t at feds.), The Biological Effects ofAsbestos. Proceeding, of working conference held at the fjUemaliooai Agency for Research on Cancer. Lyon. France; -6 October 1972. pages 155182. 1 Levin. R-|. fed.). Asbestos An Information Street. S.W., Washington. D.C. 20480, Phone: 800-424-9065, (In Washington, D.C.. call 554-1404J. Resource. DHEW ftibiicaifontJo. (N1N) 7S-W81. May 1878. page 24. *113. Environmental Protection Agency. ChemicalMarket Input/Output Analysis of SelectedChemicalSubstances to Assess Sources of Environmental Contarmnotsem Task W Asbestos. Washington. D.C. 1978. human and environmental exposure to asbestos.4 Despite these regulations. v population continue to beexposed to asbestos. Consistent with their J legislative mandates, existing' " regulations,are limited to controlling asbestos in specific itiedia (e.g.. air, water, foodlsource categories (ejg.. process emissions, waste piles), or . population segment* (e*. workers). These regulatidns are not designed to control tje full range ofexposure ,, situatiorisFor example, there are over 100 million motor vehicles in the.Uaited Slates today- Since most vehicles use a set of asbestos-containing brakelinings every 3 or 4 years, a considerable amount ofosbestbs-coabUniag material is released to the environment during use and maintenance. Yet. not Federal regulation addresses the problem of asbestosbuild-upin tiiebiosphere from this and many other souroes. Even within their regulatory purviews. Federal and state authorities are constrained, to establishing adequate asbestos exposure controis- Because of their limited focus', these authorities only weigh partial risks (e.goccupational exposure) against total societal benefits ofasbestos-contalning products and uses. Hie limitations of available fiber measurmenl techniques also constrain the range of feasible control options. Approach to Regulation of Asbestos Under TSCA The Agency believes that TSCA provides an effective means of controlling the proliferation of asbestos use to the United States and of reducing the health risks associated withthe existing accumulation of asbestos to the environment. Under the oompreshensive jurisdiction of TSCA. EPA has authority to weigh overall risks presented by the entire asbestos life cycle, from mining to final disposal For example. EPA can controlanychemical manufacturing, processing, distribution to commerce, use. or disposal activity, or any combination of these activities found to pose an unreasonable risk to health and the environment EPA is planning to use TSCA'a unique authority to this rulemaking to assess whether exposure to asbestos throughout its life cycle presents an unreasonable risk to human health. Where the presence of risk is determined, EPA will consider developing regulations under TSCA and other laws which the Agency administers. The development of `U.S. Environmental Protection Agency- Federal RegisterCrtaboms Pextafaingto the Regulation of Asbestos. In-HouseHepoH, April 1879. C 003236 LAM022891 Federal Register / Vol 44, No. 202 / Wednesday, October 17, 1979, ' Proposed Rules *; 60063 regulations under TSCAandother authorities Will be integrated to promote adequate health protection and minimize impacts on industry. The Agency anticipates that most asbestos regulatory action will be taken under section 6(a) of TSCA. although section 5(a) might also be used where appropriate. Among other tilings, section 6(a) enables the Agency to restrict ,,, chemical processing, limit quantities that can be used, require appropriate labels, and mandate recordkeeping. Section 5(a) enables the Agency to require that manufacturers submit premanufacturing notification for significant new uses of a chemical. Before promulgating a rule under section 6(a) of TSCA, the Administrator must determine that the substance in question presents an unreasonable risk to human health and the environment The Agency can then develop rules to reduce or prevent the risk using the least burdensome requirements. To accomplish this end in the case of asbestos. TSCA requires that the following areas be examined and documented: (1) The seriousness of health effects associated with identified levels and durations of human exposure to asbestos; (2) The benefits of various uses of ' asbestos and the availability of practical substitutes for these uses; and (3) The reasonably ascertainable economic impacts of tHe rules on the national economy, small business, technological innovation, the environment and public health. The following sections discuss the method the Agency plans to use in carrying out these studies. Risk Assessment EPA is examining the total risk to human health from exposures to asbestos throughout the material's commercial life cycle (Le., from mining and milling, through fabrication into products, to final use and ultimate disposal). The Agency is preparing an assessment of occupational and general population risks from both new and existing exposure sources. The investigation will be based principally on available data concerning asbestosrelated health effects and potential exposure situations. EPA believes that it already has much data to support, rulemaking under TSCA. However, to insure that all relevant information is considered, the Agency expects to propose a reporting rule under section 6(d) of TSCA. The rule will require submission to the Agency of any unpublished health and safety studies on asbestos. lri examining asbestos health effects, to remedy the problems associated with . EPA is relying heavily on the extensive Some tedS^problems remain in epidemiological studies conducted primarily in occupational settings. The making comparisons among the results of animal studies are being used concentrations of asbestos that were to supplement epidemiolglc data. For measured by different sampling and example, data Cram animal studies are analytical techniquea-In particular, a being used to assess the biological comparison of work place levels activity of fibers which differ in size, measured with the light microscope to shape, or chemical composition. These ambient raban levels measured With the studies, udien combined with known more sensitive electron microscope and potentialexposuresitnations, will : would:,be helpfulin estiinatfng some show the seriousneiis of health effects components ofasbeatos risk. The associated with Modified routes, levels, Agency welcomes comments on the and durations of human exposure to appropriate conversionfactors to use asbestos. The Unear nonthreshold model when making comparisons of both types is being used to provide quantitative estimates of cancer risk in accordance of data, and On the implications for estimating risk. , -- .. with EPA Interim Guidelines for Socioeconomic andSubstitute ~ : Carcinogen Risk Assessment (41FR ' Assessment 21402, May 25,1076) and the Interagency Regulatory Liaison Group's Guidance If EPA'a life cycle risk assessment condudes titot substantial human health (44 FR 30858-69670, July 6,1979) on the ; risk is associated with general exposure subject ! to asbestos, then the Agency will EPA particularly requests comment - examine the situation for the presence with respect to the analysis it intends to of "unreasonable" risk on the basis of perform on the health risks of asbestos. the availability of reasonable IdeaUy. EPA would examine health risks substitutes. Unreasonable risk may be presented throughout the commercial . analyzed on the basis of the present or life cycle of asbestos associatedwith future availability of reasonable particular end products then analyze the substitutes on a product or category substitutes for each of the end use specific basis, or may be analyzed by a products to determine if the risks more general, representative presented are unreasonable. Asbestos, socioeconomic evaluation of proposed however, is contained in so many asbestos controls. The Agency's choice products that it would bean of economic analysis will depend on the impracticable, if not impossible, task to choice of regulatory options^ which are analyze the risks associated with each explained below in the section titled of the 2,000-3,000 uses, except for "Regulatory Control Options." A certain distinct products which may ! combination of the two types of present unique exposure situations. economic analyses is also being Furthermore, it is not clear that it is considered. The Agency will develop technically possible to trace the life least burdensome controls to reduce cycle risks for a particular product, since these risks after consideration of at the early stages, such as mining and probable socioeconomic impacts... milling, asbestos is undifferentiated and The analysis of substitutes will may be used in any number of different address the following issues: (1) the end products. . basic need for die product in the Accordingly, EPA intends to analyze as a whole all the health risks' . associated with asbestos. The Agency's risk assessment will document major risks that occur within stages of the asbestos life cycle. Individual situations will be described that illustrate these marketplace; (2) the performance capabilities of substitutes; (3) the present and anticipated availability of substitutes; (4) the cost of substitutes; and (5) the health and environmental hazards associated with substitutes. The evaluation of hazards from substitutes generally will be limited to a qualitative stages. For certain situations, such as in analysis. The economic analysis will some of the well studied asbestos include an economic profile of the workplaces, more precise estimates will industry and an examination of the be possible than in other situations. This type of risk assessment would show that risks occur generally from exposure to potential impacts of any proposed controls. Key factors to be examined include: (1) industry structure and asbestos, rather than from any concentration; (2) pricing; (3) production particular product because of the. volume; (4) current employment; (5) characteristics of that product. energy consumption: (6) income EPA requests comment on the general distribution; (7) growth, profitability, validity of its risk assessment approach, and capital availability; and (8) market and solicits suggestions for alternatives segmentation. c 003237 LAM022892 0064 Federal Register ] VoL 44. No. 202 } Wednesday. October 17. 1979 j Proposed Rules Regulatory ControlOptions The Agency te considering the following regulatory approaches to prevent and reduce unreasonable health risks at all stages of the asbestos life cycle. First, the Agency might promulgate prohibitions on the manufacture, processing, and use of specificasbestos* containing products or product / categories. The products or categories to be controlled would be determined on the basis of a category orproduct specific analysis of socioeconomic factors. Possible controls might include banning the manufacture and use of asbestos-containing textiles, roofing paper, or brake linings. One disadvantage ofthis approach stems from asbestos fiber demand which reportedly exceeds current - supplies. If this situation persists, fibers orginaliy destined for a banned product might be transferred to increase production of unrestricted products. Such a transfer could offsetthe reduction in asbestos-use anticipated under the product use ban, The situation would only change after a large number of asbestos-oontaining'products and uses were banned. Another disadvantage of the specific product restriction approach is thatit could generate voluminous exemption'' requests. Although well defined exemption criteria could minimize the number of requests, the demand on EPA resources could be significant. Despite * these drawbacks, this option should stiD enable EPA to reduce and prevent many exposures associated with nonessential asbestos products. Under the second approach, EPA could promulgate regulations setting limits on the amount of asbestos mined in the United States and imported annually. Alternatively, the regulation could restrict the amount of asbestos processed annually in the United States. The net risk reduction and prevention from either alternative should be about the same, in selecting betweenthem. EPA would consider such factors as economic impacts and resources necessary for enforcement Either alternative within this approach would be supported by a general or representative socioeconomic analysis of the proposed asbestos controls. In essence, the second approach would establish a ceiling on the amount of asbestos used in the United States. This ceiling could be reduced gradually until it reaches a level which the Agency's socioeconomic analysis indicates is necessary for essential asbestos-containing products and uses. This approach would allow industry to determine which products and uses to eliminate. EPA would still be assured of reductioninasbestoBuse and' ' : environmental bafld-p.T1 disadvantage of this approach is that there is iiq guarantee ofeliminating products which present a particularly high risk. For example, ifa product with sheet, friction products; plastics, packing and gaskets, coatings and compoundsT^ insulationandlextties.*pf these. EPA has selected asbestos paper products - and automobile and light truck brake linings as initial candidates for analysis and pb8sibterulemaking. According to various estimates of easily tcleued fibers commands a relatively high price.it might remain in )he marketplace much logger than if it asbestos use ln l978, paper products account for approximately30-40 percent of the total asbestos corwumption- Much was regulated specifically. of asbestos paper iaused to make Under thethird approach, the Agency asbestos roofing products. Because of its might select a combination ofthe ' versatility,however.asbestospaperhas preceding approacbestotake maximum a wide variety ofapplications. These ", advantage of their desirable features. include asbestospapeiytabesfand tapes The key differences between the two for electrical and thermal insulation; approaches are (1) whether EPA or diaphragms for brime electrolysis cells; . industrydetennineawhich productsare corrugatedpapersheets andblocksft* eliminated, and (2) whether specific use in appliances and other products oroverall quantityofasbestos applications; cmderiayments for sheet fibers are regulated. EPA may prefer to vinyl flooring; gaskets; beverage filters; allow industry to determine which molten glass handling equipment; and products to eliminate and how to general heat/fire-proofing components. allocate available asbestos fibers. In Many of these uses have reasonable order to provide this opportunity, the Agency may select production/import substitutes. For example, roofing felt can also be made with organic and limits as the primary control option. fiberglass fibers at less cost than Depending upon the outcome of asbestos fibers. The performance of socioeconomic and substitute analyses, EPA might reduce the initially established ceiling limit annually by 5 to these materials is very similar to asbestos roofing felt Friction products currently account for 20 percent until an appropriate level is about 14 percent pf total asbestos reached where all remaining fiber use is consumption. Brake linings constitute essential In conjunction with the the largest single product within the production/import rule, EPA might also friction product subcategory. Human ban a few selected products to. ensure speedy elimination of items or uses presenting particularly significant risk. Possible candidates for ban include millboard, commercial paper, and certain friction products. All regulations developed by the - Agency under any of these approaches will be designed to minimize adverse impacts on the asbestos industry and asbestos users. To this end, the development of implementation schedules will allow for reasonable transitions to substitutes and orderly phase-out ofasbestos processing .equipment ... exposure to asbestos emissions from brake linings occurs not only during processing (i.e. production of the brake .linings), but also during use and servicing of brakes. Several automobile manufacturers are already using nonasbestos disc brake pads with plans to ultimately convert totally to nonasbestos pads. Nonasbestos shoes for drum brakes have been more difficult to develop but some manufacturers believe that they are near to developing a commercially acceptable substitute. Existing Sources ofAsbestos Exposure Phased Approach ofAnalysis ^ The widespread use of asbestos makes evaluating substitutes, assessing economic impact and examining other factors necessary to support regulation a difficult and time consuming process. Therefore, the Agency is conducting regulatory assessments in a systematic manner on all asbestos product categories. The following product categories account for the major portion of asbestos used in 1978: Paper products Although risk associated with newly processed asbestos may be substantial, the continuing aggregate risk associated with existing and past asbestos use may be equally and possibly more significant Unfortunately, reducing risks from the latter group is more complicated than reducing new risks because of difficulties In identifying all the related exposure sources, the lack of feasible control options for many sources, and the large costs associated with removing and replacing existing including certain roofing and flooring products, other flooring' products, asbestos-cement pipe, asbestos-cement `Clifton. R. A, Asbestos-Mineral Commodity Profiles. U.S. Department of the Interior. Washington. D.cL July 1979. ( C 003238 /S LAM022893 Federal Register / Vo). 44. No. 202 / Wednesday, October 17,1979. /' Proposed Rules , 60065 products. Some existing asbestos products, however, are amenable to evaluation and control. For example, asbestos has been widely used for insulation in schools and other buildings. In some of these buildings the insulation has deteriorated and fibers are entering the air in the buildings. EPA is currently investigating whether to require surveys of public schools for ` asbestos and appropriate control actions wherever exposure problems are identified. This action was announced in another ANPRM published in the Federal Register on September 2ft1979 (44 FR 54676). Other existing uses of asbesto^ will be examined where practicable dunng subsequent stages of the asbestos regulatory investigation. Possible candidates include all public buildings and merchant ships. Information Gathering under Section 8(a) of TSCA EPA is developing a section 8(a) rule to help gather information needed for this investigation. The information will be used to determine appropriate regulatory action under TSCA as well as under other laws administered by EPA and other Federal activities. EPA invites comments on the need for such a rule; who should be subject to. or exempt from reporting: what information should be gathered under this authoritjcand how the section 8(a) rule should be designed. Under section 8(a), EPA could require maintenance of records and reporting by persons who mine or mill asbestos, process asbestos (including making asbestos-containing products), and import asbestos or asbestos-containing products. Insofar as the information is known to, or reasonably ascertainable by those persons, the Agency could require reporting of information about any aspect of asbestos manufacture and processing. Possible reporting topics include the composition of asbestoscontaining products, the uses of each product, all existing data concerning environmental and health effects, the number of individuals exposed in workplaces, and the duration and extent of these exposures, and the manner and method of asbestos waste or product disposal. The section 8(a) rule could be designed in several ways depending, in part on the control strategy selected by the Agency. A single rule might require one-time reporting of information, while a series of rules might require phased reporting by industry segments. Either type of rule could establish different reporting requirements for the various groups or persons (i.e., millers. processors, importers of asbestos) subject to (he rule_A-rula might require immediate submission.of some information while retaining the authority to request other specified information by letter at a later date, the possible scope of a section 8{a) rule is discussed in more detail in the issue section below. Citizens Petition Under section 21 ofTSCA. a citizen may petition EPA to initiate a ' proceeding for the issuance, amendment, or repeal ofa rule under various provisions of the Act On June 21.1979, the Agency received such a petition requesting that a proceeding be initiated to restrict future use of asbestos-cement pipe in drinking water supply systems. This request is compatible with the. Agency's plans, as announced in this Notice, to initiate a comprehensive investigation of commercial and industrial asbestos uses including asbestos-cement pipe. The Administrator's response to the petition notes that the evaluation of health effects information on risks resulting from the ingestion of asbestos is not yet complete. It also states that the Agency has just begun gathering exposure and socioeconomic information on asbestos-cement products. Thus, it is not EPA's intent to include asbestos-cement pipe as a candidate for initial rulemaking. Nonetheless, because the Agency has initiated investigations to support a decision on whether to regulate asbestos-cement pipe under TSCA. the Administrator granted the petition. Issues Several issues must be resolved during this asbestos rulemaking process. EPA invites comments on the following issues and any others which might be relevant 1. Health Effects ofSubstitutes. To adequately assess substitutes for asbestos. EPA requests health, environmental and socioeconomic information on substitute materials. This information has two purposes; (1) it will allow an informed analysis of the health effects of the substitutes for comparison with the known hazards of asbestos, and (2) it will enable a balanced consideration of the environmental, economic, and social impact of any action taken by the Agency. We are particularly concerned with materials, such as fibrous glass, that might have physical dimensions and characteristics very similar to those of asbestos fibers, but differ only in chemical composition. EPA is. aware of relevant research, especially the studies by Stanton fc,t*PoU * ,#aud .. others.*1 `v** *,4 '* These studies '.... . suggest that the length and widthToT fibers or the ratio of the width to the length may be more important tfcm.tinir chemical imposition in determining. carcinogenicity.More specifically^ current research, findings sufflest thst fibers with diameters less thanor equal to 14 microns and'lengths between 5 and 60 microns are likely to have greater fibrotic and carcinogenic potency than fibers fallingoutslde these ranges Consequently, we plan to adopt & policy that nonasbeStos fibers with physical . dimensions within these ranges are nof appropriate.substitutes unless appropriate testing indicates otherwise. .Fibrous orother substitutes which do not present major health risks would be determined to be suitable. EPA solicits comments on this approach. .2. Scope ofa Section 8(afRuIe. To develop regulations for asbestos sources, the Agency must gather and Stanton. M. F. bayard M. -The carcinogenicity of fibrous mineral*.'' Proceedingsof the workshop on asbestos: definitions end measurements methods held at.NBS. Gaithersburg. Maryland. |uly 18-ZO. . 1977. National Bureau of Standards Special Publication-506. November 187B- r 1 Stanton. M. F."Some etiological consideraUona of fiber carcinogenesis." In: Bogovski P.Cibsoo J. C. Timbrell V. Wagner ]. C. eds. Biologicaleffects of asbestos. Lyon: International Agency for Research on Cancer flARC Scientific Publication number 8J. 1973: pages 269-204. Stanton. M. F, LayardM. Tegeris A Miller E. May M. Kent El "Cardnogencity of fibrous $ass: pleural response in the rat in relation to fiber dimension." (. NaL Can. InsL 1977:6913]. Pott F. Hath F. Friedrichs K. K. "Results of animal carcinogenesis studies often applications regarding human exposure." Ik NIOSH symposium on occupational exposure to fibrous glass. University of Maryland. 1974. National Institute for Occupational Safety and-Health. 1977 {DHEW publication number (NIOSHH76-U1L " Pott. F. Huth F. Friedrich* K. ft. "Tununen dor matte mnach Lp. injektion von gemahlenem. chrysotil ond benao (a) pyron.". , " Wagner ). (L Berry C. "Mesothelioma itrrots following Irmnnilalinn with asbestos and other materials." B.). Can 1969; 23: pages 567-31. . " Wagner ]. C- Berry C-Timbrell V. "Mesotheliomas in rata often tnnoculated with asbestos and other materials." B. J. Can 1973:28: pases 173-65. u Wagner |. C-Barr* G. Timbrell V. "Mesothelioma in rats following lbs intrapleural Innoculation of asbestos." In: Shapiro Hi A- ed. . Pnetmocotiosis. Proceedings of the international conference. Gape Town: Oxford University Press. 1970: pages 216-19. u Wagner ML Berry G. Skidmore |. W. "Studies of the carcinogenic effects of fiber glass of dif ferent diameters following Intrapleural binocu- lation in experimental animals." Ik NIOSH sym posium on occupational exposure hr fibrous glass. University of Maryland. 1974. National Institute for Occupational Safety and Health. 1977. (DHEW publication number (NIOSH) 76-131). " Smith. W. E. Hubert D. D. "Tha intrapleural route as a means for estimating carcinogenicity." In: Karbe &. Park). F,, ads. Experimental hing cancer. Carcinogenesis and Bioassays. New York: Springer-Veriog. 1974: pages 92-101. ID c 003239 LAM022894 - 60066 Federal Register / Vol. 44, No. 202 / Wednesday, October 17,1979 / Proposed Rules______ analyze a variety of information guidelines regulating wastewater Public Record concerning asbestos. Various EPA dischaiges of asbestos and a water EPA has established a public record program offices have already quality criterion under the Federal for thisrulemaking (docket number OTS accumulated a considerable amount of data through previous studies. These data will be used as much as possible. However, the Agency anticipates that it will need additional data for regulatory decision-making. The additional data includes recent production, market substitute, exposure and health effects information. The Ageiicy hopes to . acquire some of this infomatkm.through submittals by industry and other knowledgeable people in response to this ANPRM. EPA has also specifically contracted for studies to review the state-of-the-art knowledge and to develop new environmental and economic data. Insofar as these nonregulatory avenues (e.g., this ANPRM, contractor studies, and other informal information requests) do not provide, or are not. likely to provide sufficient information, the Agency will promulgate a section 8(a) rule. The issue at hand regards the appropriate scope of the section 8(a) rule. The Agency would like to minimize reporting burdens on industry. To this end. the promulgation of.such a rule and its potential content will be influenced by responses to this ANPRM and informal Agency requests and by the need for confidential business information or other data not likely to be provided on a voluntary basis. Water Pollution Control Act, 33 U.S.C. 1251, et seq, as amendedin1972 and 1977. EPA is also considering additional regulation of asbestos in drinking water under the Safe Drinking Water Act 42 U.S.C 300f et seq. The Agency may also develop.regulations for asbestos waste 1 management under Subtitle C of the Resource Conservation and Recovery Act 42 U&C. 6921 to 6931. Under section 9 of TSCA. 15 U.S.C. 2608. the Administratin' will consider, whether risks from asbestos exposure could be reduced to a sufficient extent by actions taken by other agencies under other Federal laws. The ' Administrator will also consider whether rules promulgated under Other EPA authorities could address the asbestos problems more effectively. To maximize the effectiveness of this proposed rule, EPA is coordinating with several agencies both directly and through the Interagency Regulatory Liaison Group (IRLG). These agencies include the Food and Drug Administration, Consumer Product Safety Commission, Department of Agriculture, Mine Safety and Health Administration, and Occupational Safety and Health Administration. Public Participation The Agency plans to conduct this 61005) which, along,with a complete index, is available for inspection in the OTS Reading Room from 9U0a.m. to 4:30 p.m. on working days (Room 477, East Tower, 401M Street S.W., - Washington. D.C, 20460). This record includes basic information considered by the Agency ^ developing this ANPRM. The Agency will supplement the record with additional information as it is received. Materials for incorporation in the public record include: 1. This Notice.. . 2. All comments on this Advance Notice and the proposed rule. 3. All relevant support documents and studies (including economic analyses performed for the purpose of defining small business as prescribed by section 8(a)(3)). 4. Records of all communications ' between EPA personnel and persons outside the Agency pertaining to the development of this rule. (This does not include any inter- or intra-agency memoranda unless specifically noted in the index of the rulemaking record). 6. Minutes, summaries, or transcripts of any public meetings held to develop this rule. EPA will identity the completed rulemaking record on or before the dale of promulgation of the regulation, as Relationship With Other Federal Laws investigation and rulemaking in prescribed by section 19(a)(3) of TSCA, As previously noted, a number of rules for controlling exposure to asbestos have been promulgated under several Federal laws. The Occupational Safety and Health Administration (OSHA) and the mining compliance with the public participation section of the FR Notice entitled ``EPA ~ Improving Regulation; Final Report Implementing E.O.12044" (44 FR 30988, May 29,1979). Before and after publication of any notice of proposed or and will accept additional material, for inclusion in the record at any time between this Notice and such designation. The final rule Will also permit persons to point out any errors or omissions in the record.. Safety and Health Administration (MSHA) regulate workplace exposures, the Department of Transportation POT) regulates the commercial transport of asbestos, the Food and Drug Administration (FDA) regulates the use of asbestos by the food and drug - industries, and the Consumer Product Safety Commission (CPSC) regulates consumer products'containing asbestos.. EPA has established National Emission Standards for Hazardous Air Pollutants (NESHAP) for several asbestos sources under the Clean Air Act ", 42 U.S.C. 7401 et seq., and-is considering additional asbestos air emission standards. EPA is developing effluent final rulemaking in (he Federal Register, EPA will identity and meet with public interest groups, industry, regional. State, and local governments and other interested groups to obtain their views on regulatory needs, the Agency's approach, and technical issues. Information exchange will be facilitated through various public participation mechanisms, including public meetings and public hearings'at appropriate ' locations around the country. A financial compensation program for public participation will be available to applicants meeting eligibility criteria. The funds may be used for the cost incurred in commenting op proposed rules after publication. A Notice of Questions and Information Needs To assist the Agency in gathering information for regulatory decision making, EPA invites comments on, and responses to, the questions and information requests that are listedhera or are discussed elsewhere in this Notice.* 1. The Agency solicits suggestions relating to the definition of several key terms identified below as well as other terms members of the public consider important to regulatory decision-making. * CSPC. in on Advance Notice of Proposed Rulemaking appearing elsewhere in Ibis issue of the Federal Register, announces a program to " These standards included certain work prac tice requirements which the United States Supreme Court in Adorno v. Train. 98 St CL 566 (1978), found to be invalid. The Clean Air Act was amend ed by Congress In 1977 and 1979 to provide EPA with (he authority to prescribe and enforce work practice standards. These asbestos standards are being promulgated again by EPA. Availability of Grant Funds will be published in the Federal Register announcing the financial compensation program, eligibility criteria, level of funding, and the procedures for applying for reimbursement. investigate (he use of asbestos in consumer products. As part of this investigation. CPSC n-il! solicit information through u variety of voluntary and regulatory means. To reduce potential reporting burdens on industry, CPSC will take into account response to EPA's questions when tailoring thr Commission's requests for information on the use hi asbestos in consumer products. r [ | l % ( \ t S. f e o d S'. e o: tc di Pr Ni dc re o; pc Pc pr a? in; Pli CO C 003240 A LAM022895 Federal1 Register / VoL 44, No. 202 / Wednesday, October IT, 1979;" t Proposed Roles 60067 To the extent possible the Agency would like our definitions toconform to generally accepted usage. Thetenns to be defined include: (1) asbestos.^) ; encapsulated fibers, (3) locksd-fibers, (4) easily released fibers,, and (5) friable . materials. 2. The Agency is requesting all unpublished data or estimates relating to human exposure and to' human health risks from exposure to.asbestos during mining, manufacturing, processing, use, and disposal for all asbestos products including the following product categories: (a) Asbestos paper, including roofing and floor underiayments; (b) Friction products: (c) Asbestos cement sheet; (d) Asbestos cement pipe; (e) Textiles; (f) Flooring; (g) Gaskets and packings; (h) Paints, coatings and sealants; (i) Asbestos-reinforced plastics. The information submittals should include data on exposure of both workers and people near mining, manufacturing and processing facilities. Where data might be extensive, covering several years, many work stations or many sampling points, summaries which include appropriate statistical analysis would be sufficient Data of interest include present and future estimates of: (a) The number of people exposed; (b) The routes, duration and frequency of exposure; (c) The intensity of exposure (fiber concentration preferred); (d) Fiber size distributions; (e) Fiber types; (f) Relative and attributable risk estimates for all cancers of specific organs and nonneoplastic respiratory diseases; (gfVariations in risk by age, sex, smoking status, duration and intensity of exposure, fiber types, and time from onset of exposure; and (h) Technical controls currently used to monitor and control exposures to asbestos at the plant site. 3. Based on preliminary information, a list of asbestos-containing commercial and industrial product categories is presented in the Appendix to this Notice. The extent of human exposure to asbestos fibers from these products depends on many factors including the releasability of the fibers, the duration of the exposures, and the size of the population exposed throughout various - parts of the life cycle of asbestos fn the' product. Products which release asbestos fibers during normal use, installation, maintenance, removal, or plausible mishandling are of particular concern during the use segment of the life cycle. Categories containing products which EPA believes may fall into this classification are noted with an asterisk in die Appendix. Identification of these products was based not upon testing but upon generally available information. The Agency is interested in determining the necessity ofusing asbestos in these products. The Agency requests the following information on these products and other asbestos- containing products.. (a) Do these products contain asbestos? (b) What is the purpose of asbestos in the product; what is me asbestos content by percentof total composition: and weight; and what is the asbestos - fiber type, size and shape? (c) What are the figures for annual production and sales of the product, and the annual amounts of asbestos used in each product? (d) What is the value of the product and the cost of'the asbestos usedin that product? ; - (e) What exposures are expected during the manufacture of the asbestos- containing product; and what are the expected exposures associated with .. each use? (Rate of fiber release, frequency, duration, population exposed, and conditions of use.) (f) What point source and non-point, source discharges of asbestos to water are associated with the processing of asbestos fibers, manufacture and use of asbestos-containing products (e.g.. quantity, concentration)? (g) What amounts and types of asbestos-containing wastes are . generated in connecton with manufacture of the product; and what methods and sites of storage, treatment and disposal are currently used, for those wastes? (h) What are the product life, and expected removal and disposal techniques for each use? What type of disposal sites are used? ' 4. The Agency is requesting the following information regarding the industry structure. (a) What are the current trends in the. use of asbestos andasbestos-containing products? (b) Is the market stable? . *> - (c) What size and type of industryis most likely to be affected by regulation of asbestos under TSCA7 - (d) What effects on industry structure would be anticipated from regulation / - under TSCA? (e) What effects on employment can ' be anticipated from asbestosregulation under TSCA? - ' 5. The Agency is requesting the following information regarding . . substitutes for asbestos and asbestos- containing products.Manufacturers.of.,- substitutes are>particularlyencouraged to sufimit information. (a) What substitutesubstanceaare .. . presently available or currentlyunder i development for asbestosinpaper; products (including roofing felts and floor underiayments), fricttonprodacts, other commercial and industrial,, , products?- . (b) What substitute pfagwifp -gt presently available or currentfy.uhdea .. development for asbestos-containing . products to the categoriesdescribed.--, above? ^ (c) What are theperfhrmanrn-:.. ' characteristics of theseaubstitirti- substances and products as compared to asbestos-containing products? . (d}What unpublished dateare' available regarding humaa exposure to, and health effects of substitutes for . asbestos-containing products? (e) What is the price differential T between asbestos or asbestos- containing products and their * substitutes? ^ ' (f) How long will it take hrconvert to' production and use of alternatives? Pleasecomment on a product-specific or product category-specific basis.-; (g) To what extent can present makers of asbestos-containing products-change to substitute materials? Can this, conversion be accomplished using existing asbestos production facilities?* What will the cost of the changeover be in terms of capital and operatingcosts? (h) If existing facilities cannot be used once substitutes replace asbestos, will new facilities be built by existing asbestos processing companies, by other companies, or by some combinationrof these? : (i) What effects might regulation of asbestos have on industrial innovationand introduction of new products? 6. What categories' or individual . products and uses containing asbestos do not present a health hazard.to users? Why? 7. What asbestos-containing individual products or categories might be considered essential because of ' significant benefits and/or lack of reasonable substitutes? What are the specific benefits and costs and how should they be weighed? S. Is the state-of-the-art for asbestos Identification and quantification (phase contrast or electron microscopy) analytically adequate and economically feasible to establish numerical standards for fiber release and exposure resulting from the production of . asbestos-containing products, their use and disposal? Can airborne fiber levels c 003241 LAM022896 60068 Tederal Register / Vol. 44, No. 202 / Wednesday, October 17,1979 / Proposed Rules be measure'd at 10* fibers/m*, 10* fibers/ m*. 10'fibers/m*, or 10* fibers/m*, and can waterborne fiber levels bemeasured at 10* fibers/liter. 10' fibers/liter. 10* fibers/liter, 10s fibers/liter or 10* fibers/ liter? Should the level be expressed as total fibers or as fibers greater than a specified length or aspect ratio? Are other parametersmore appropriate (e.g., total mass release, etc.)? B. What unpublished data are available regarding ambient levels or asbestos in air and water and asbestos exposure from various noncommercial asbestos sources such as drinking water supplies and naturally occurring asbestiform rock? 10. EPA and CPSC intend to share information received in support of their respective asbestos regulatory '. investigations. However, in view of potential statutory conflict regarding treatment of confidential business information, how should the agencies treat data for which a company claims confidentiality? Authority; Secs. Sand 6 of the Toxic Substances Control Act (TSCA) (90 slat. 2003: IS U.S.C. 2801). , _ Dated: October 10.1979.. -. Douglas M.Costle, . .. Administrator. APPENDIX A. Automotive Repair 1. Mufflers* 2. Brake linings * 3. Clutch facings * 4. Custom auto body filler ' 5. Metal deadener * B. Household Materials -- 11. Helmets*- 12. Hoods * ; 12 Mittens* . .. 14. Oveigsiters * ia Sleeves * ia Suits* 17. Umbrellas'* D. RecreationalActivity 1. Aerial distress flares * a Ammunition shell wadding * a Catalytic heater mantles *. - 4. Tent giomets * 5. TV sets and projector equipment * : E. Home Building Repairs 1. Latex paints * 2. Texture paints * - F. Commercial Applications 1. Aluminized cloth * 2. Bags * . a Bearings * i- 4. Belting *. 5. Blocks*.. .... a Boards * 7. Braid * 8. Buffing and polishing compounds * 9. Cloth * 10. Cord * 11. Diaphragms * 12 Drier felt * 13. Drilling fluids * . 14. Fabrics * ia Felt * 16. Filtering materials * . 17. Metallic cloth * 18. Millboard * 19. Paper * 20. Pipe and boiler covers * - 21. Pottery clay * 22 Plywood patch * 23. Sheet flooring * 24. Table tops * 25. Tape * 28. Textiles * 27. Welding electrodes * 1. Appliance wiring * 2. Counter surfaces'* ' 3. Electrical cord * ^ 4. Filler for shoe soles * , 5. Floor tile *' 6. Hair dryers * 7. Heat protective mats * A Ironingboard pads and covers * '. 9. Lamp mantles :* , . , - ` .. 10. tamp sockets ? .. . . .. 11. Potters' kilns .*"- . >./ : . 12. Slow cookers * 13. Toasters * .' ` . C, Safety,Equipment/ V; , - - _- . 1. Aprons *- 2. Arm protectors * 3. Blankets * . 4. Boots * 5. Caps* a Clothing * 7. Curtains * a Draperies * a Gloves *- 10. Hats * ; . . * G. Asbestos Cement Products 1. A/C air duct * 2A/Cpipe-* 2 A/C sheet * 4. Baking sheets * a Cement boards * a Clapboard* 7. Roofing * a Shingles * ' 9. Siding* -ri . ia Tile *... d:" ` H. MoldedProducts : I. Gun grips -- 4 .- ' 2 Filler and reinforcement In plastic * 3. Pond liners 4. Phenolic laminates 5. Resins - 8. Rheostat backing 1 Roofing Materials . 1. Aluminum roof coating 2 Roof patch 3. Roofing felts * 4. Roof preservative * Indicates that products within the category potentially contain easily releasable fibers. Note.--Not all of the products in each identified category are believed to contain asbestos: ). Sealants and Mastics for Consumer and Commercial Lise 1. A/C pipe joint sealant 2 Adhesives 3. Caulking compounds and putty * 4. Furnance cement 5. Glazing compound a Radiator sealant 7. Varnish * |FR Doc. 7M203S Filed 10-1&-7B: &45 lln| BHJJNQ C00C SSSfrOt-U C 003242 LAM022897 ''* - LAM022885