Document yrrYeB0OROnzJDdr7KevRaJ92

CONSUMER PRODUCT SAFETY COMMISSION CONSUMER PATCHING COMPOUNDS AND ARTIFICIAL EMBERIZING MATERIALS (EMBERS AND ASH) CONTAINING RESPIRABLE FREE-FORM ASBESTOS Banned Hazardous Product! 0006103 K354 RULES AND REGULATIONS .'[6355-01] ' Tilla 16--Commercui Practice* n--CriAFTER CONSUMER PRODUCT . SAFETY COMMISSION SUBCHMTEW Q--CONSUMER PRODUCT safctp act regulations PART 1145--REGULATION OF PRODUCTS SUBJECT TO OTHER ACTS UNOER THE CONSUMER PRODUCT SAFETY ACT Cc;tsumcr Patching Compounds and A/tifidsl Etnbartzing Materials (Embers and Ash) Containing Respirable Free-Form Asbestos AGENCY: Consumer Product Safety Commission. ACTION: Pinal rales. SUMMARY: The Commission issues final rales determining that it is In the public interest to regulate consumer patching compounds and artificial emberizlng matL-ri.Js (embers and ash) containing res pirable, free-torm asbestos, for the pur pose of addressing tiie risk of cancer associated with inhalation of asbestos fibers, t.naer the Consumer Product Cafety Act (CF3a) rather than under tiia l'Vderal Hazardous Substance Act (PtlSA). According to the CPSA. a risk of Injury that cculd be eliminated or rcduef.d to a sufficient extent under the 1-irSA may not be regulated under tire Ci-oA. unless the Commission finds by ruie that it Is in the public interest to does. EF--. .CTTVE DATES: For consumer pai.idng compounds containing resptrubU. free-form asbestos, this rale beeji,.;.; effective on January 16.167U. For a. tide.'.1 emberizlng materials (embers tu.d asa) containing respii free-form a-u.-tos, tnls rale bocoim.s effective Decemoer 15.1977. FO.t FURTHER INFORMATION CONTAiTT: Charles M. Jacobson, compliance and Enforcement Regulatory Management Division. Consumer Product Safety Commit..ion. Washington, D.C. 20207, 301-402 (,400. SUPPLEMENTARY INFORMATION: Background On July 28, 1977, by publication of a notice in the Fxdxhal Rsoiem (42 FR 8782), the Commission proposed a rule under section 30(d) of the Consumer Product Safety Act (CPSA) (18 UB.C. 2070(d) > as amended, that It Is Ih the public interest to regulate oonsumer patching compounds and artificial em berizlng materials (embers and ash) containing respirable free-form asbestos under the CPSA rather than under the Federal Hazardous Substances Act (FHSA), (15 UB.C. 1261-1274). Section 20(d) reads: . A risk ot injury wbleh U associated with a consumer product and which could ba Umlnstad or reduced to a sufficient extent under the Federal Hazardous Subatanoea Act * may ha regulated under the CPSA only If the Commission by rule finds that it Is in tha public Interest to regulate such risk of Injury under (the OPSA.| Also on July 20. 1077. the Commlseloo proposed In the Fcdcral Rkgxstxs (42 PR 38783) a regulation under the CPSA that would declare as banned hazardous products, oonsumer patching compounds and artificial emberizlng materials (em bers and ash) containing respirable free form asbestos. Tha Commission's reasons in the pro posed section 30(d) rale for proceeding under the CPSA rather than the FHSA are: 1. The rulemaking proceedings for regulation of these products under the FHSA are likely to be lengthy and re source-consuming. 2. Rulemaking proceedings under the CPSA are governed by provisions of the Administrative Procedure Act (5 U.S.C. 553), and are informal and nonadversarinl in nature and thus it would be more likely that participation of toe pub lic. Including consumers, would be forth coming in rulemaking proceedings under the CP8A. 3. The Commission believes that civil penalty provisions available under the CPSA against persons who knowingly violate the CPSA may provide additional Incentive for compliance under the CPSA. The FHSA docs not provide the remedy of civil penalties. Comments No comments were received by the Commission which deal directly with the proposed section 30(d) rale. In com ments on the proposed ban, however, several persons in the marketing chain commented approvingly on the decision to regulate under the CPSA because CPSA does not require repurchase of banned hazardous products by manufac turers. distributors, and retailers. On the other hand, several groups of consumeroriented interests noted that they would have preferred regulation under FHSA because FHSA provides for such re purchase. As noted In the propoced section 30(d) rale, the commission is aware that regu lation under CPSA would preclude man dated repurchase-of banned hazardous products. However, the CPSA does not preclude voluntary arrangements for re purchase bock up the distribution chain. Moreover, the advantages enumerated above, particularly, the advantage ot having a final banning regulation in force without having to first provide for lengthy adjudicatory proceedings, ap pears to the Commission to be more beneficial to consumer health and safety than the refunds consumers would have under FHEA. In the matter of artificial emberizlng materials, repurchase under the FHSA would have meant that many persona In the chain of distribution would have handled these materials rather than disposing of them quickly in order to avoid additional exposure. Accordingly, the Commission finds that for the health and safety of con sumers. it Is in the public interest to regulate consumer patching compounds and artificial emberizlnc materials con taining respirable free-form asbestos under the CPSA rather than the FHSA. Therefore, pursuant to section 30(d) of the CPSA. Pub. L. 92-872. 88 Btat. 1231. os amended. 90 Stat. 510. 15 Ufi.C. 3079(d), the Commission amends Title 18. Chapter H. Subchapter B, by adding new || 1145.4 and 1145.5. S 1145.4 Consumer patching compounds containing respirable fre.-form as ' besto-i risk of cancer atswialnl with inhaluttou of ashestoa liL-r*. (a> The Commission finds that it Is In the public Interest to regulate the risk of cancer associated with inhalation of asbestos fibers from consumer patch ing compounds containing respirable free-form asbestos under the Consumer Product Safety Act (CPSA) rather than under the Federal Hazardous Substances Act (FHSA) because of the desirabUlty of avoiding possibly lengthy re&ourceconsuming. inefficient rulemaking pro ceedings under the FHSA t.nd because of the availability of civil penalties under the CPSA for knowing noncompllance. (b) Therefore, consumer patching compounds containing respirable free form asbestos are regulated under CPSA. 1145.5 Emberixing material* (ember* and a*h) containing respirable free form asbestos t risk of cancer asso ciated with inhalation of asbestos libera. (a) The CommL-aion finds that It 6 in the public interest to regulate the risk of cancer associated with inhalation of asbestos fibers from artificial emberizlng materials (embers and asn> containing respirable free-form asbestos under the Consumer Product Safety Act (CPSA) rather than under the Federal Hazardous Substances Act (FHSA) because of the desirability of avoiding possibly lengthy, resource-consuming, inefficient rulemak ing proceedings under the FHSA. and because of the availability of civil pen alties under the CPSA for knowing non compliance. (b) Therefore, artificial emberizlng materials (embers and ash) containing respirable free-form asbestos are reg ulated under the CPSA. ` Effective dates: Section 1145.4 be comes effective January 16,1978. Section 1146.5 becomes effective December 15. 1977. . (Sso. 80<d). Pub. L. 93-873. 89 Stat. 1331 a<sd>)a.m> andad. 90 6tat. 610 (IS ua.C. tort Dated: December 12.1977. Shxldon D. Butts. Assistant Secretary. Consumer Product Safety Commission. (PR Doe.TNWM* Piled 18-13-77;It :82 sm| [6355-01] CONSUMER PATCHING COMPOUNDS AND ARTIFICIAL EMBER121NQ MATERIALS (EMBERS ANO ASH) CONTAINING RESPIRABLE FREE-FORM ASBESTOS Establishment As Banned Hazardous Products AGENCY: Consumer Product Safety Commission. MOUAL HOtra. VOL 4*. NO. 341--4MU890AY, 8ICOM88 18. \ftf 0006109 lUlfS AMO IKHJLATTONS tt ACTION: Final roles. SUMMARY: In this document the Com mission declares that the following prod ucts containing respirable tree-form as bestos are banned hazardous products under the Consumer Product Safety Act: <1> Consumer patching compounds used to Join or repair Interior walla and cell ing* (mixing of the product before It Is applied, sanding of the product titer It is dried, and cleanup after completion of the process, release asbestos fibers that can be.Inhaled): and (2) artificial cm- berizlng materials <embers and ash' used In fireplaces to simulate live embers nud ash (ordinary air currents In the house hold move asbestos fibers that can be in haled) . The Commission Issues this baa In order to reduce or eliminate the unrea sonable risk of Injury from certain types of cancer that may result from Inhaling asbestos fibers released during the use of these products. ' EFFECTIVE DATES: (1) For consumer patching compounds containing respira ble free-form asbestos, the regulation Is sued below at section 1304. applies to products manufactured or initially Intro duced Into commerce on January 16. 1978. or after that date. For all other consumer patching compounds contain ing respirable free-form asbestos, no matter when manufactured or initially Introduced into commerce, the regulation at section 1304 applies on June 12. 1978. and after that date. (2) For artificial emberlzlng materials containing respirable free-form asbestos, the regulation issued below at section 1305 applies to products in commerce on December 15, 1977, or after that date. FOR FURTHER INFORMATION CON TACT: Charles M. Jacobson, Consumer Prod uct Safety Commission, Compliance and Enforcement Regulatory Manage ment Division, Washington, D.C. 20207, 301-492-6400. SUPPLEMENTARY INFORMATION: . Backorouk On July 29, 1977, by publication of notice in the Federal Register (42 FR 38783). the Commission proposed rules to declare that consumer patching com pounds and artificial emherizlng materi als (ernbera and ash) containing respira ble free-form asbestos, are tanned haz ardous rroducts under the Consumer Product Safety Act (CP8A). These rules were proposed because the Commission preliminarily determined that an unrea sonable nsk of injury of certain types of cancer, such as mesothelioma and lung cancer, is associated with inhalable as bestos found in these products. The in formation on which the Commission's preliminary determination was based is set forth in the proposal. The data In the proposal are incorporated herein by reference. The bibliography of 50 refer ences cited in the proposal are repeated In this prqhmblo for convenience. Num bers 51 and over refer to additional Infor mation considered In issuing this rule. On July 39, 1977, by publication of a information available to the Commies notice in the Federal Rzcistx* (42 FR indicated that moat patching comn't 36782), the Commission also proposed a for commercial/Industrial use are < rule finding that it is in the public in trlbutcd in such ways that con-vir terest to regulate consumer patching have access to these products <51> rit compounds and artificial emberising ma by purchase or for their use and coj terials containing respirable free-form merit. Therefore, tho CommLslen c usbe-tos under the Consumer Product eluded that these are consumer prodi HnfCv Ac t (CFSA) rather than under th- FV-deral Hazardous Substances Act iFHBV. Section 30(d) of the CPRA (15 U.H.C. 2079<d)) requires the Commission to make such a finding by rule, before .-ntlatins under the CPSA. a risk of in- subject to the Commission's JurLsdict unless such patching compounds are beled as, marketed, and cold solely Ini!'.:: `.rial use. 1. Patching compounds at con.su; products. (a) Several commcntcrs which could be reduced or ellminat- quested a clearer definition of consul p<! hi n sufficient extent under the FHRA. putrhtng compound and a mnnufacti Ti<* commission Issues this rule else questioned the boundaries of the t where in the Federal Register. The data "consumer product." The manufncti In these proposals are incorporated here states that tho definition of consu: in. by reference. patching compounds In the bon has fc Section 9(a) (2) of the CFSA requires improperly broadened to Include Ju that, in addition to providing an oppor diction over building materials. He tunity for making written submissions, lleves that the CPSA permits rcgulai the Commission shall provide interested only of articles used within the ho persons with an opportunity to moke oral not the structure of the home R*eL presentations of data, views or argu the integral parts of the structure, ments relating to proposals to ban. Oral states that since consumers have ao presentations on the brns were heard by to patching compounds containing : the Commission an August 15, 1977. pirable free-form e.tl 'ctos thr"U",i r Views on the bans are discussed below marketing charnels, these products under Comments on Froposal. be considered consumer prod'K1-; u* In order to have sufficient time to re the CPSA. Thus, he believes '>v. it view all the responses to the banning Inappropriate to cite a r*"r**nt r proposal, including Jr to responses, on ("U.S.A. v. Anaconda Co, cl "i," V October 4.1977 (42 FR 53970), the Com No. 77-0024, (DJ2.C.) Jure 15, V mission extended un*ll November 28, which indicates that the pi-tr'ce < 1977. the time in which it must cither product in a consumer nvipmvent publish a consumer product safety rule help decide whether Hint product or withdraw the proposals to ban. Th'c consumer product under tb * CF date was further extended until Decem Therefore, the commented urvi * ber 12. 1977. bv notice published in the Commission in its find rrrfi-t'-n to Federal Reotster on November 29, 1977 leto" the paragraph on "Ar-or'c' i '42 FR 60752). Commekts ok Proposal in order to "avoid the cro''*1'--' cr ,-n necessary conflict T.l. 'ii.'i r ': ulation itself." Oral views on the proposal were pre In response to this commed. ('-'* sented by 7 persons on August 15, 1977 mission notes that the parajur-'i with 3 representing consumer groups and cites the case in question is ml 4 representing manufacturers. In addi proposed regulation but In lit n: T tion, the Commission received 30 writ- the preamble which expia,*'a re t"n comments which represented 17 lation. In the nre-mib'e. tho C..... ni- manufacturers and 2 distributors; 4 fed clted "Anaconda" not. in rsi'-r.-*: cn eral agencies; 3 public interest groups; case as a basis for rcgnlr "on to -l 2 concerned citizens: a supplier of raw how the case Interprets t'" materials; and a chemical research and consumer product at cccf'i -Va) (1) development firm. Among the 10 coma* the CPSA which reads, menters who expressed support for the Tb* term "consumer pre*Vi:t" r-c--v a ban were 5 manufacturers of patching artlci*. or component part thereof. ;~aduc compounds. 3 federal agencies and 2 pub lic interest groups. The significant issues raised bv the oral and written comments are set forth below. A. Score and definition. The proposal states that consumer patching com or distributed (i) for sale to a co; turner ' us* la or around a permanent or tempon household or residence, a school, in roer tton. or otherwise, or (il) for the pent vac. consumption or enjoyment of a t turner in or around a permanent, or ten rary household or rcsidenco. a school, recreation, or otherwlao: pounds are those that are customarily, produced or distributed for sale to or for the personal use. consumption or enjoy ment of consumers in or around a house hold or residence, a school in recreation or otherwise. The Commission considered in the proposal that patching compounds Although courts have not yet reac a definitive decision on tho coveragf the term "consumer product," tho Ct mission believes that the statute end 1 islative history, by themselves. ad sufficient authority for Commisjurisdiction over the defined product: for application in these consumer en its use in consumer environments. It vironments are either distributed for sale pears to the Commission, that tho del to consumers or are for the personal use tion ef consumer p-*' ii"; ccmpounc or enjoyment of consume!*. Moreover, the proposal falls with"'* "fa) ROflUt iwm, VOL 49. NO. 941--THUtSOAT, DICtMIII IS, 1177 0006110 *335* RULES AND REGULATIONS of the CPdA tuid ihat chc "Anaxantia" Occupational Safety and Health Ad ' case uodersCbrej tr.e definition. ministration of tha Department of Labor in order to minimlzo any confusion, (OSHA) and. since the consumer part a new subsection (c) has been added to of his businass is small, the ben should 11304.1 Scope and Application, to show not apply to compounds for commercial the coverago permitted by tho cpsa. and Industrial use. That subsection reads: As is indicated herein, any patching (o) Only consumer products ore sublet compound containing respirable free to this regulation. Patching compounds form asbestos that consumers have ac w.ilch era consumer product* ar those which s consumer can purchase. Merely labeling * patching compound tor Industrial use w>uld not exclude 6uch articles from the t in. It the solo or uso of the product by consumers Is facilitated, it Is subject to the ban. Patching compound* which arc .ad cess to in consumer environments or may purchase would be subject to the ban. Therefore, such products, although they may be for Jndustrlal/commercial use. are also considered to be consumer products. as, marbeted. and auld solely for Induair.at On the cubject of regulation of these use In non-consumer ervtronmenrs arc uot subject to the ban. In addttlon to those pr.xluets which can be sold direct!/ to constant -v. the ban applies to patching < onipounds con taining respirable Iree-fonr asbestos v-htch are used in reside, -nt. schoola. hospitals, products by OSHA. the Commission notes ti'st section 31 of the CPSA provides that (ne C-'.mmission shall have no authority lo recunin any mk of injury associated with u consumer product If such risk public buildings or ccuer areas where con could be t urn mated or reduced to a suffi sumers hat* customary access. cient extent by actions token under the It is dear from this language that use of pitching compounds in consumer cnt'ixi.ni.ienta determines their status as co..:.umer products, whether the patch- uv compounds are applied j,. ofecsicauliy or by eona,inters. And, alu.cugh the h02.nil may bo greater for p.,psji:..ial u_a.o oi rttchlng compounds i..:-cau;:u of their repeated exposure, rr-suual duxt from sanding during const, ..ctiui or rcnc.atlon is also u hazard to who ..iay not apply the patci.u.i; t..mpoun.i, themselves, (36). <b> a. manufacturer who supports the l.nn .tea that l,o would h. no .my Occupational Safety ana Health Act of 1970. Uudtv that Act, OSHA bu issued regulations which specify the airborne concentrations of asbestos fibers u which any employes may be exposed (29 CPU 1910.93a>. However. OSHA regulations apply only to workplaces and not to places / beta consum era would use the products then.'elves. Therefore, the Comini:, .ion corridors that actions to regulate i nis product which can be taken under (i.e Occupational Safety and Health Act of la70, cannot reduce or eliminate to a sufficient extent the un reason .Me risk of injury to consumers ui policing the side of differ:.x si::;; . on- that Is associated with the product. Ac Thereto.a. although i.c p ci.auoa cordingly. the Commission regulates u l-(;..iiousize of pitching cc. ip.. ma for this product under the CPSA. s..le t. consumers ..nd a fi-t,,.i..in .;i:.c lor 3. Type of patching compound covered cumm. .'iai-indusiuni use. i 1 beueves by the ban. A manufacturer of caulking, the bn. should api>l/ to all ;;i..:s. sealing, glazing, adhesive and coating Gl'.i . the ../ail.-.milty -n patching products !.-:iie.'*s the reputation of his compc.i. .Is to <on.;iuncrs ilituugn most product could be adversely art'seted by aiarkc-ti .a ch...inu;, the Commission the ban. Although the Commission has agrees it,at it . oi.i.i be burd,*ns< une for stated that the banned product presents manuia,.iorers ..nu u.stribal.>. ; to assure a hQ-.ara because it is mixed, sanded and that hn,,e sia,:.. ot pitching i ,,npouud3. movci aUiui: during cleanup operations, which tliey claim to be indaiulrd prod the commenter believes that the defini ucts, ore not to consumers. More tion of the banned product should spe over. ns noted in the precedinir response, cifically exclude the above-luted prod merely labeling a patching compound ucts because- they ate designed to remain for non-consumer use would not exclude liaxlble and are, therefore, not gener such articles from the ban. Where a ally sanded. Therefore, the commenter manufacturer, distributor or retailer request* that the definition be amended footers or facilitates the product's sale to cover only those compounds, "which to or use by consumers, the product is after drying ara required to be or are c~..sidered a consumer product and is normally sanded to a smooth finish." widiin the scope of this ban. This com In response to this comment, the Com ment indicates that it may be exceed mission notes that the patching com ingly difficult to differentiate a patching pounds subject to the ban ore tlu.su that compound that is a consumer product contain asbestos which can be inhaled fr...n one that might be termed a prod as a result of mixing, sanding ami clean uct. for industrial use only. Neverthe up operations Therefore, patching ma less. as stated in section 1304.1(c) Scope terials such as those listed by the com- and Application, "patching eomijouii.ls menter which are not sanded after which are labeled as, marketed, and sold application because tiiey are intended to solely for Industrial use in non-consumer remain flexible, would be exempt if they environments are not subject to the are not available m dry, icady-lo-mlx ban." form. The Commission believes it is 2. Regulation of patching compounds ciiar that only consumer patching com by OSHA. A manufacturer of dry-wall pounds containing asbestos which , can joint compounds states that the commer be inhaled when the product Is in dry cial and professional market for such form or being sanded are subject to tha compounds Is already regulated by the ban and therefore declines in this cue to amend the definition of compound at 11304.3(d). 4. Asbestos terminology for both prod ucts. (a) m discussing tha proposed defi nition of "asbestos." a writer from a chemical research and development cen ter states that "silica" Is a chi-mu al com pound and os a com;xiund Is ajt u com ponent of asbestos. He cuggeots that the word "silicon" be used to denote that it is a singie element which is present In asbestos. The Commission concurs that the term "silica" should not be used, but ra ther it should be "silicates." since asbes tos is a generic term used to describe a number of naturally-occurring hydrated mineral silicates. Therefore, the word "stlica" is deleted from the definition of asbestos in l| 1304.3(b) and 1305.3(b) below and the term "hydrated silicates" is substituted therefor. (b) A public interest group takes is sue with the definition of asbestos used in the proposal and urges the Commis sion to adopt a definition of asbestos proposed by OSHA in 1975. The defini tion of asbestos used in the Commixsion proposal is based on the definition used by the Cureau of Mines (55). The commenter h.-lleve* that the OSHA proposed definition could help resolve disputes over the presence or absence of asbestos in consumer products. As the commenter pointed out. several federal agencies with responsibilities for regulating asbeetoe (EPA. FDA. OSHA. CPSC) are working toward a uniform definition of asbestos. At a recent work shop, July 18-20, 1977. at the National Bureau of Standards on asbestos defini tion and Identification problems, it was agreed that there should be a uniform definition of asbestos which would be mineraloglcally correct as well as reflect health concerns. However, there was clearly a lack of agreement on a defini tion and an Interagency agreement on a definition has not yet been reached. The definition which the commenter urges the Commission to adopt was pro posed by OSHA on October 19. 1975: It ho* not yet been finalised and is subject to ch,uige The OSHA proposed defini tion reflects OSHA's concern for the health aspects of asbestos and is based on experimental findings associated with fiber morphology (siae and shape). Tha Bureau of Mines also seeks to encourage uniform definition. Their definition which was used by the Commission is based on mineralogies) composition. This hes been adopted in final form by that agency The Commission has reviewed much of the available OhU on the characteristics of asbestiform mineral fibers and their nonasbestos counterparts. From these data, it would appear that use of the proposed OSHA definition could also in clude nonftbrous cleavage fragments and other particulate substances, as well as other mineral fibers within the proposed dimension range that are not asbestos fibers. While the Commission is Inter ested in arriving at an unambiguous uni form definition of asbestos, there is not mmu mum. VOL. 41, NO. 241--TKUtttAY, MtWIW 13. tffT 0006111 ItUUS AND *!GUlAT)ONS 63S ywt enough evidence to bssa a definition ing aabeataa. Whenever a manufacturer Qnde ing a relatively small inventory. Ills of "asbestos" on fiber morphology. There* fore, the Commission believe* the pro posed definition should not be changed in the final rule. A* clrcunutancee war* out that the flnlahed product contain* aabeetot, the manufacturer will be considered aa knowingly uein* a raw material contain ing aebeatoa utUeet the manufacturer take* atepa to reduce the aabeatoa to the maximum Vributort report that they maintain small inventory compared to their sale Retail'n have a much slower-movtn Inventory (51). rant, the definition could be amended at extent feaalble. The Commission considered the nci a later date. Therefore, the ban applies only to sthls adverse economic Impact of a 30 5. Asbestos contamination in patching con.'umer patching compounds contain day effective date on inventories of man compounds. Several manufacturer* ex ing UitcnUonally-added respirable free ufacturers. distributors and retailerr pressed concern that all patching com form asbestos end will not apply to The Commission also considered the pcs pounds would be subject to the ban rath er than only those compounds to which asbestos has been intentionally (tided. They point out thnt asbestos is ubiqui tous in tne environment and that tract:; of asbestos may be present as a contam inant in other minerals that ere mined in areas of serpentine rock. One cotnmenter suggests that the Commts.,1011 consider permitting patching compounds which contain such naturally occurring contaminants, other commenters sug gest that a percentage of asbestos con tamination by weight be permitted. The lowest percentage suggested by one cumraenter Is 1 percent because the En vironmental Protection Agency (EFA) permits the presence of 1 percent p..-hcstos by weight in spray-on asbestoi in sulation and fire proofing. As noted in the proposal, the Commis sion is aware that asbestos is present in the environment. Further, the Commis sion does not wish to ban all consumer patching compounds in which traces of asbestos are present as a contaminant rather than as an Intentionally added substance. The suggestion tha t the. Commission permit contamination of l percent by weight, however, appears to be mappropriate for consumer patching compounds because consumers would not be suffi ciently protected. One percent by weight could mean a substantial number of small lightweight asbestos fibers, thus presenting a significant exposure to con sumers of respirable free-form asbestos. Therefore, the Commission decline', at this- tune to adopt a percentage by weight to define permissible contamina tion. Industry experts do not agre* as to the amount of asbestos that might be pres ent in product* without deliberately added asbestos. Nor is there ag'rament on the reliability of the techniques used to measure low levels 1 below l percent) of asbestos by weight. The Commission believes, however, that the use of ap propriate quality control measures and cureful selection of raw materials can serve to minimize contamination from unintentionally added asbestos isee the Commission's economic Impact state ment on file at the Office of the Secre tary). In order to emphasize that only proouirs having unavoidable trace slble advene effects of exposing con (thin jnts. Burner* to inhalable asbestos by permit 8. Arti.lcial emberizino materials-- ting the manufacture, distribution am ezr< 'pi:un from ban. A manufacturer of elccrtu artificial logs and electric fire- pin- 1 ..U'.tes that although the Commis sion proposed to ban only artificial em- biTi. ing materials containing respirable, free form asbestos, references m the meo ta to artificial logs and artificial fire places reflect adversely on his business. He asks, therefore, that hi* products, which use an artificial ash bed of vermlculitc. be exempted from the ban. As the comraenter noted, the Commis sion ban applies only to emberislng ma ter:-.is containing respirable free-form asb<" tus and not to any artificial logs or artificial fireplaces with which they may bo used. Since the banned product is used with artificial logs. It Is unden, ^md- abie that questions are raised as to dif ferent kinds of artificial logs. The Com mission does not believe it would bo ap propriate to exempt from the ban all electric logs coated with unidentified sale to consumers of patching com pounds until 180 days after publicotloi of a ban. It appears to tha Commlcstar that early discontinuance of the menu fucture of this product would he neces sary in order to atop its continuing pro liferation in the market. On the othr hsnd. substantial adverse economic 1st pacts could result from the freezing 9 distributors* and rentiers' inventories a' an early effective date. The commlssiar concludes therefore that tho ban shouk become effective at two different point; In time. For manufacturers, the effec tive date ahould b~ clow to publication of 'he rule In ord'-r to stop the con tinuing manufacture of the product. Toi distributors and rc'nilers, the rU'cMvt date should be delayed to help r-icllorate adverse economic impacts. Therefore, the Ccm^'i'ilon d'-'enp below at 1 1304.4 that couiumcr tchIng compounds containing rc-' --b!.r free-form asbeitos which have beer substances, or all artificial ash used in manufactured or Initially Introduced electric fireplaces, since some of these Into commerce 30 'r more day* c'tei articles could include the banned prod publication of this rule ore b-tnee uct. However, In order to clarify the mat hazardous products. This mear- *>"fc s ter tor consumers as well as producers, banned hazardous p-oduct, hat I " ' ccn tho commission adds a statement to manufactured or initially ln' -becd 1 1305.3(d). the definition of embertzing Into commerce, retains Its sta' ": "t 0 materials, which reads, "electric artifi b'nned hazardous product: Its cial logs and artificial ash beds ured in subsequent sale, o'Tcring for calc, or dig. electric fireplaces which do not contain trlbutlon in commerce, is prohiu '-1 by respirable free-form asbestos are not In any person in the chain of dlstrl'urton. cluded in this definition." In addition, the Commission d dares B. Effective date. Six commenter- dis `.hat all other consumer patching <-ora cussed the proposed effective date of the rounds containing respirable fre.-.-'orm ban of consumer patching compounds asbestos, no matter when manufacCTcd which was-30 days after publication of or initially Introduced Into comm'"ce. the final rule. Five manufacturers sug are banned hazardous products i:*o or gested a date later than 30 days after more days after publication of this . '><c. publication. A public interest group sug <As stated below in 1 1304.4(g) of f'O gested that the effective date be the date rule, initial introduction into commerce of publication of the final rule. of this product occurs when the product (1) One commenter suggested that the fa physically shipped from a manufac Commission consider a series of eff -dive turer's facility to a distributor, retailer, dates for the tan on cousumer pat hing consumer or to another person for onpli- compounds: 30 days for munufact- rern, catlcn in a consumer environment.) 80 for distributors and 180 days i< - re- In summary. 30 days after publication talleis in order to clear Invent >rie3. of this rule, manufacturers will lr pro Several comn .enters believe that c 30- hibited from manufacturing or shipping day effective date mini t prove bu !cn- the product to distributors. rrt '.IJrrs. iiomo to smalt menufuctuters becr.i. 0 of consumers, or to others for Duplication the inventory problem. In- consumer environments. Further. 100 patching compounds with clearly un The matter of ln"ntories was con days after publication of this rule, dis avoidable traces of asbestos contamina sidered in tie July ?u, 1977 proposd to tributors and retailers will be prohibited tion will he permitted, the Commission ban end further discu'-ed at the public from selling, offering for sale, or distrib define* "lntentlonally-udded asbestos'* meeting of August 16.1977. The cor. -em uting any of the described products, no at f 1304.31 f > of the rule below to mean of those involved to clear their ext-ting matter when manufactured or Initially asbestos which is Inventories of consumer patching com introduced into commerce, to distribu (1) added cellberafely as in Inured!*:.! In pounds containing resplruble free-form tors. retailers, consumers or to others for tended to Import .-puclflc charaeterlacics: or asba.ros was considered. Information application In consumer environments. 12) contained in the final product aa a rc..u!t availaole to the Commission indicates (2) The public Interest group recom of knowingly using a raw material contain that manufacturers are now maintain mends that the effective date of tho ban noaui tioistu, **oi. 43, no. 241--thuupay, oicimih is, iwr 0006112 G33& RUieS AND RIGULATtONS ca rci.wi.u patching compounds cua- cancer among smokers. It also Indicated pational exposure to asbestos ts th* baste taiaiiu xwi-aNe free-form asbestos bo there was also an Increased risk of death for tha commission proposal. The com- tho d..tj cf [ ubUcouon of the fins1 nils, from other asbestos-related diseases. In mentor bedeves that portions of ths as It la for artificial embcrizing materi cluding asbestosls. among nonsmokers OSHA review of October 1975 ore scien als. * (17). Data also suggest that the high risk tifically inaccurate. Tha Commission proposed, that tho ef- of mesotheliomas (cancers of the pleura The Commission notes that mu.t f the fecti.a date of tho ban on artUlcml cm- and peritoneum) from asbestos exposure Information on hazards ass.ycUL.-d with berking materials be the date of publica appears to be unrelated to smoking (18, Inhalation of u~l^..icz Is based on occu tion lJthough the Administrative Proce 8). pational exposure It can be said that ths dure Act (S TPjB.C. 553) which governs (2> A distributor of fireplaces and fire body of scientific literature in the OSHA publlc-tlon of consumer product safety place equipment doubts there is a hazard proposal has already been subjected to titlej, [..OTtcoe that a rule should be pub associated with emberlzlng materials be- public scrutiny. During preparation of lished iO days be.ore Its effective date caus the fibers used in emberlzing ma (he Commission proposal. Commission unless tuo ComnUsolon finds good causo teria r; are relatively large and fibers staff conferred with OSHA. As a result, to p.'0'vldj otherwise. Unlike patching, Tvh:.. 1 would become airborne would be th<* Commission proposal deleted refer oompou-us, where- ;..(io.uuo .0 asbestos pullc . the fireplace flue. ences to stualeo which OSHA termed to fibers L. m..3t r-jv..uut during mixing, While it is tree that the large asbestos be of questionable validity. eandliie ia-i clcanu.i opemtlons, rd- fiber i.m rle; peso little risk of Uihai&Llon, As pointed out In the Commission pro thou'h tiie ubers may rema.n suspended the floor Lia.ulrs release Individual fibers posal tnere had been only one report of for a considerable duration of time, as vhich in tu.a, nu break logitudlnally consumer exposure to asbestos in the bestos iiL'cTJ in embcnr.ir.r materials enu Into rnlc-.-Jscc r;te fibrlL" i57). Fibers could scientific literature rnor to the proposal. fcs icspucd as long ns such materials arc become r.'rborne imdu normal use. in Based on the data from that study, a in the name because they are alvrny In stallation. and handling conditions, as Commission assessment was made of the dry foi-ui and ready to be moved about well as from room drafts. Once the fibers potential Increased risk of respiratory by oiuinary household r.u- currents. It become airborne, they can remain sus cancer associated with use of consumer -Eppem^d to the Ccriu.Ur.'.an, therefore, pended over long periods of time, eventu patching compounds containing asbestos that tuu.o c-nberlri.c ,..;.( .ir.ls rhould ally s..-thing out on IP.ms of furniture, fibers. Lar.movediremcc,,nu<-.a.r, i,uickly as draperies, etc., only to hecomo alx-bome The Commission also based its pro po.dble anu that ti:; ,:o :a cause to and av; liable for respiration with use of posal on direct and Indirect evidence of l.ai e the bon efiectH c u 1 h.: u.ttc of pub these It -r.Li. As long as the free-form as astsstos Inhalation In non-occupatton- lic:,tlon. To assist 1 .* ui.c. already bestos c.i.b, ri/ing material remains loose ally expc.ied Individuals, Including re had such materia::; m ti.. n- :u. a the on the p. rplace floor, there Is a possibil ports from autopsy findings of asbestos Oc.iihlsskm, on juI, :i. iiv.. -.ueu a ity (h:.. it <-i/old become airborne and flbfx-s In lung tissues and from epidemio prt_. . on th:>imi .'i.dmg i.hich tint.;.,va. logical studies. ----- lnci... 1. ,1 - Consumer xU.:* t ac.l . :-T CC.l- n> 1 r ....ufacLurer states that since (5) In assessing the degree and nature sum.:. i.f the d.:.igei-i amor..'- .1 ..nil ('o.i.r... : ,11 data are based on occupa- of the risk of injury to consumers from the:. cri.itz.izlng .-.u-.t i.dais Ci'-.i i io': -.1. uttcucs, It Is difficult to document patching compounds, the Commission lx-:t 1. .n.. ; for tt. 'ir .-.r..'r. rc.r,.,v:l. In::- c mmis.:1 on's view, in the proposal reviewed experimental data and human l"-w -. ..dvi..: ci rlio Car,-.mislon th:.f. for r.p.ny peopio the major ex- experience Information. In addition, on L. 11. . .'.I I., z. iciit! :n. : .i no significant po;><... to iruiblable asbestos is In the the basis of data by Rohl on exposure to U-s.'v 1.0I..I- ' asbestos during the use of consumer ea ; .... mate effective '., i.:ie It Is true that much of the Com- patching compounds (36), the Commis Uafu x` . . ibenzi.i., r:..: .iul:-. (51). Asia ii.<...u.i data on asbestos-related disease sion's Health Sciences staff calculated an InJt. . 1 tathe fo.. n. 1. . .us. u.-oion, the are tiuscd oil occupational statistics, a assesment of the risk which was de 6v,d.x ..;j impact ct a , .u-ii.i, and even 11-1: ust .-ssment was made of consumer scribed In the proposal. The calculations a ii.j .u- effect:vc li. for jia tolling expo ,ure to respirable asbestoa In patch were based on the application of a theo cc...... /uii-.l^ WOtii.t Ik; uisiitci.rit and ing compounds during mixing, sanding retical model similar to that described tl...ci.uj u uppc.u.. tu..c the economic ana cleanup operations which estimated by Entcrllne and Henderson (11). Sev !ml#aCt Cei tUl effective date tho incrrosud risk of lung cancer from eral highly technical comments were re would bn u.o.e t>i(,iuiic;...i tiiru't* no new such ,:x; inure In the home. A report of ceived in response to the risk assessment. iiifuin^itn.n has l:n j.icantcd to show asbestos in consumer patching com The significant Issues raised In these that an ejaiier effective date snould be pounds :ndicated_that significant levels comments are discussed below. promulgated, the Comir.u.sioa decline* of respirable free-form asbestos fibers (a) Two commentere questioned th* the ciwcslitin of the public Interest were detected In rooms adjacent to that assumption In the risk assessment that group. The. more, the effective date of the where the actual patching and sanding exposure to asbestos Is cumulative over reg ulaiion ou consumer patching com operations had occurred so that other the lifetime of a person, and whether pounds containing nx;pi.-aUe free-form household members could be exposed as Intermittent exposure over several years ast.etos Is 30 day.; after publication of well as the Individual performing the has ths same effect as if the some ex tills ride as to manufacture and Initial patching job (36). In many areas of the posure hod taken place In a single year. introduction Into commerce and 180 country (nonurban), there appears to be In reviewing the literature on asbestos (lays after puollcatlon us to all other a relatively low background level of as exposure, the Commission finds that as units ot the defined product no matter bestos (f.J). Therefore, exposure in the bestos fibers are unlike many chemicals v.i.uxt msonfactuicJ or initially intro home to asbestos ubers released from ami other materials which the body may th.. ui in cr.ui.nerce. consumer products could represent the metabolize and excrete. Body clearance C fvo.iin c risks and risk assessment. major exposure. As noted In the proposal. of ocbestos fibers is much less effective. He*. :..l um.inent.-rs discussed the Com- Dr. Paul Kotin, Johns-MamUle. slated They have been round not only to re mL.i...i s n .k assessment for patching In a presentation before the- CoiumW-ton. main In the body hut to accumulate (SS>. eoutpv..mds .aid qui-tomed other aspects June 9, 1977, that young children are Since the data tend to show that Inter of tl..: n.iSuid. particularly vulnerable to exposure to mittent exposure ran lead to cumulative 1 i) n. muuufacturer suggests that use carcinogens and clt-uny their major ex buildup of asbestos fibers. It appears to by tc-i.u-ral public or by asbestoa posure to Iniudabla usbestos would he In the Commission that intermittent ex la not hasciw units and that the the home. The CommJiulon therefore posure over several years could have the iic-i.-.t tm.ard Is to a worker during feels It Is essential to minimize, to the same hazardous effect as If ths total an..mg operations if he also smokes. extent possible, exposure to respirable Intermittent exposure had taken place Thu Ccu..ulmton notes that while data asbestos. within one year. from ..a epidemiological study of asbes (4) A commenter questions Commis (b) Two commentere indicated that tos hi-uiuiiou workers indicated there sion rellancs on OSHA's proponed the hazard from applying patching com was hn Inc 1 eased risk of death from lung amendment of October 9, 1975 to occu pounds could differ In different ctrcum- nsnM mum vet. *1. no. J4i--thu*jcay, etamuk is, iw 0006113 RULES AND REGULATIONS 633 stances. They indicate that persons of mentlens are biologically active under compounds. The sixth is a distributor - differing skills may release different experimental conditions. ' gas fireplace logs. amounts of Inhalable asbestos Into the According to correspondence dated One patching compound menu!*cUn air. Although these differences occur, a .Inly '-'(I. 1977 from I)r. Paul K'n-m of the claimed that some firms in that lnda consumer would likely release more as* Jolins-MaiivUln Co. with environmental try will go out of business should tt bentos into the air because he or .-mo may comi'ltunt Barry CastU'ii.an, a Johns- ban be promulgated. As noted belo- be less skilled In the proceas than a ro- JtiamlUe study is under way to n.sjr.ts t/ie cur studies Indicate that some sms fesslonat applicator. The Comivl.-ion rot"iitial lnhi'h.'Uu hazard ot r> .t..;.i producers i'..iy nut have the technic rerOKnlr.es a? these eomraenters point out iviturallv ot" uit'i.g" or man-made min capiduVy to reformulate their produc that some products have a smaller ,i<t- eral fibers sc !i .vs roiamir, floors. Co S3.tu.ta. luiliy or may be unable to obta. centft|;e '-( asbestos thon th.1'---' '.inch ra. sue (.;<-'> .in,1 a b'.i-.-ii ml -u\.- y-.i.t- ior i.ec- saiy :.iw material* by the effectl- were used for exposure dnta in t t* : -.m- cl * i * fiti d eic.bei Aii.fc u-.;ito..r.s date of the ban. 77ms. some may coa. mliision rtik assessment. For rxomple. Human expo.-ur. ora to i-a'is .!r:e-! production temporarily, until such r one commenter submitted e'.be.-.tos ex are exlremely limited. Occupational oa- f.H-rriL .tlon Is ochtevod. Some of ti posure data from a study lie iWlu.Knd Vosure data to a i UUii clav mlnera'. fibers lan.-e manufacturers have Indicated U'ing a compound that curtained a which are propo-ed Aitestos cubstituie-' -vt:'.:.*.,:nrss to license thetr asbestoa-fri smaller amount of asbestos. Ilused on this commer.ter's exposure data, .un til* r arc r ho tiled to b- presumed at a .,`U* pusl' Pti ficcn.iailourd Exposure io Fi formula ions (or parts of them) to smal er firm.-:. risk assessment was conducted. Th-.- re sults imprest that use of a patching com brous ni'd f articulate Uuv-t and Ihr h* t'.xtension into the Environment. In Lc'-.-n- T.vo commenter* discur-sed potentl cost elects of the ban on patch!- pound containing less asbestos may re tcr 1977. These data are expected to In compounds other than thou relating duce but does not eliminate an excess of deaths due to exposure to asbestos In patching compounds. The range is from 1 death per million persons exposed for the projected five years exposure using one model and up to 226 lifetime excess cancer respiratory deaths per million persons exposed during another model dicate the extent of exposure, lather than human experience findings on re sults of such exposure. Lata on the re sults of human exposure to asbestos sub stitutes will not. In all likelihood, be available In the near future. (1 * A ..ommenti'T suggests that substi tutes. since they woud be fibrous, would the product Itself. One patching con pound producer estimated at 60 perce: the Increased "workload" assoclati with the professional application of no: asbestos formulations because of cliff* ent performance characteristics. T. Commission has Investigated the pote: tlcl increase In direct labor costs a (A3). It should be noted here that while asbestos levels may vary, they do not change the fact that there is no known level below which inhalable nzbestos may be considered safe. (c) Another commenter says that us ing a premixed compound reduces the consumer's exposure to asbestos. The commenter also thought that the Com mission's estimate of consumer exposure was too high. The Commission's risk as sessment analysis did take into consid eration the exposure during the mixing of a patching compound. While expo sure to asbestos fibers would be negligible during slight stirring of a premixed compound, the exposure during the sanding and cleaning operations in volved would be the same as for the dry compound. Consequently, the risk as sessment voices would not be signifi cantly reduced. As for the four-day, present a nsk. In assessing asbestos substitutes, daH available to the Commission incllcnres that a number of substances may be used which are not fibrous such as calcium carbonite, clay, resins and mica. For U'.c fibrous day minerals which mey be used as asbestos substitutes such as wolLuto- nlte. kaoiinlte. seploltte and bentonite, the Commission Is aware that there is a lank of conclusive data on the hazard potential associated with these minerals. Additional study Is needed to evaluate the risk of Inhalation exposure to such small mineral fibers. Nevertheless, the Commission believe* that the known rick from Inhalable asbestos requires the banning of these products at this time. (2> A comment questions a statement in the proposal that fibrous glass could be considered a substitute for chrysotlle in emberUmg materials. suciated with exlsMrg asbestos and noi asbestos iormulatlons; It estimates t Initial io to 25 percent average increa as a result ol switching from the form to the litter. Other costs may accrue t rolesili.rv 1 users of the praauct shou different application tools be needed should some jo w have to be redone the relatively poor shrink- and crae resistance of- some non-asbestos form latlon*. These increased costs are pected to diminish over time a formul lions improve and as applicators becoc more accustomed to using non-asbest formulations. One company which may be adverse affected by the proposed ban repot that attapulglte. one of the prime su stltutes for asbestos in patching cor pounds. Is In "limited supply" and th some small manufacturers may ha difficulty in obtaining that mated. eight-hour exposure being too high an The Commission concurs with this Other Industry sources have report estimate, no data were submitted to sub comment: It ts currently unaware of any this same problem. The larger patchli stantiate that contention. As stated in manufacturers or distributors who use or compound producers, who already ha the proposal, therefore, U appears to the know of the use of fibrous glass for this asbestos-free formulations on the mo. Commission that although the exposure may be high. It is a reasonably foresee purpose. In addition, from a technical viewpoint, glass fibers are not similar in ket. are not expected to have as much difficulty In obtaining substitute able exposure. 13. Substitute* for asbestos. The July size and shape to chrysotlle. Unlike the rod-llkc kitra fibers, chrysotlle tends to materials. Two manufacturers discussed the ban'* 29. 1977 proposal notes that substitutes be curved, r be of curly fibers or fiber potential adverse effect on the utility of for asbestos are already being used In patching compounds. One of the most bundle', comprised of extremely small- the product. One expressed a belief that diamatered fibrils. However, glass fibers , non-.isbestoa formulations are inferior In common substitutes Is attspulgite, a fi arc similar--at least in shape--to some ' performance to asbestos formulation* brous clay. Other substitutes of a fibrous of the amphibole asbestos minerals. The Another reinforced that belief, reportir nature are wollaatimite. kaollntte, aeplo- diameter of must fibrous glass is report that the absence of asbestos formuli llte and bentonite. Several comments ex edly greater tnan 3 -6 microns and con tlons may prompt workmen to add the press concern that materials used as .sub stitutes for asbestos may also pose haz ards. Tht Commission shares this concern. sidered too large to be respirable. How own asbestos to the product to help pr ever. glass fibers arc not of uniform di .vent cracking when wall Joints are car mensions and a small percentage may be ered. However, the addition of asbest of respirable size. Additional study is would be tantamount to manufacture Substitutes for asbestos have been under needed to assess the pathologic effects of the banned product and would thus ; consideration for only a short time. Little inhaled fibers. Including fibrous glass. prohibited. It appears that at least sor. data are available on which to evaluate the safety of substitute materials. Ex perimental findings of Stanton (M> indi cate that many mineral fibers (In addl- E. Economic considerations, six cornmenters expressed concern that the ben would have an adverse economic Impact on the Industry. Five of the six are man existing non-asbestos formulations m: be less desirable, from a performan standpoint, to professional contractor Moa to asbestos) of small respirable di ufacturers who commented on petchinc most consumer applicators are not c ROtiUt KMMTU, tifit. 49. NO. 941--IHUURAT, OICIMUft II. 199? I ' '0006114 63-;J' po.Ui t >:fv.ci-7B a sn,.illcant diffmouca In tin i auctj pi rformance. As 1.1 the proposal, the CommE ...a L; u-.;-: j tint esonomic Im pacts varying u.-'rocs wul occur as a remit of the ban on lnholable asbestos conTinlnj patching compounds and emtsrlrins matr.lsis containing res- plrtblo iroj-fonn asbestos. Also, the Commission is aware that technology for producing asbestos-free patching- compound formulations is becoming mote generally available. The economic Imp ict will Ur.d to be reduced over time as -..on-asbaLtcs formulation tecnnology L..3mej more widespread and as exist ing recent fo; nutations are improved by manufacturers. The nature and extent cl the effect.; on the Industries are dis cussed In the Environmental and Economic Assessments now on die in the Oxdco of the Secretary and were con sidered b/ the Commission during this rulemaking p.uc.M. i-. utlur co..;i,.. r.ts. (I) Several com ments." sugg^..t.'J that the commission should Investigate otner products con taining asbsstc- in ndv.r to determine the ...Istence of po....h,le h.uuids. In tnc proposal, ti.c Ccn.n.Eolon noted that lnxom.atloa on offser products con- tftli.ing inhnlaLls u..ooucos would con tinue to bo Uw.vlor^a in order to deter- rr.Lnj whether lurtiu-r ivjuu.tlon is nec- c.:.'.ry. nccen.i.i.,1,, the staff has begun t j develop pis:.., n., collecting such In i ..rar.Ucfl. id) One ro'.iune. .or suggested that l..! Commissi:.. 1.-.. - a rule that would i .ehlbit sh.jl-imixu; ..i tlic banned prod- i.rts. isotlon Kii> (2) ot the CPBA provides that trio C- u:.:l. .Is.i ni../. by notice and comment i.in,., p.omt.lt a manu facturer ft. ..i .-.t ..in illj.g a product for whim a r . .o.iuct safety rule has l. _.i p.-i'..ui,,.;t i. a. tnlu case, the ban ... cc...unui i .rnnng compounds covet- t.*e m.n.ai..r. n.: ..nd initial In- trodUi..i..n or i-.,,r.n, i into commerce 30 days ..tier pu.mil, .tl.,n; the ban on artificial emoenau,; materials covers products in comnu.-iV: on the date of promulgation. Iheik-tiu-u, in practical ef fect. there would not be time for manu facturers to stockpile; nor would there be time prior to these effective dates for notice and comment rulemaking. (S) A commenter expressed concern that the banned products be kept out of international commerce. The Commission notes that this com. ment Is directed not to the proposed rule but to Its enforcement. If this matter should become a problem It would be considered in the context of enforce ment. <4> Several comments suggested edi torial changes In the proposal. These suggestions were considered and. where appropriate, have been Included herein. Descuption or rax Bax The banned product*. Parts 1304 and 1305 declare, respectively, that consumer patching compounds and artificial cm- berlslng material:! (embers end ash) BULKS AND ' BEGU, LATIONS containing respirable free-form asbestos are banned haeardous products under section 8 of the Consumer Product Safety Act. Scope and application. The rules apply to the named consumer products that are customarily produced or distributed for sale to or for the personal use. con sumption or enjoyment of consumers in or around a household or residence, a school. In recreation or otherwise. In ad dition to those products which can be sold directly to consumers, the ban ap* piles to the named consumer products whic.i arc use.i arid enjoyed by consum ers. such as those used in residences, schools, hospitals, public buildings or other areas when-1< nstimers h->ve cus tomary accc.'.s. who.her the patching compound.; r..v applied professionally or by consunici.;. Oi.iy consumer products are subject to this regulation. Patching compounds which are con sumer products include those which a consumer con purchase. Merely label ing a patching compound for industrial use would not exclude such articles from the ban. If the sale or use of the product to consumers is facilitated, it is subject to the ban. Patching compounds which are labeled as. mar keted, and told solely for Industrial use In non-consumer environments are not subject to the ban. The ban applies to patching compounds containing lntcn- tlonaliy-aiU. d respirable free-form as bestos sou uucetiy to consumers and to tho *3 Virlil. li uiO used In residences, schools. ii.,,|)iuls, public buildings or other arc-.iu where consumers have cus tomary an t ..a. Effective antes. (1) The rule at Port 1304 beloa applies to consumer patching compound., containing respirable free form asbe-.cos that are manufactured or Initially introduced into commerce on January it). 1878, or after that date. For all other i-iiiisumer patching compounds containing icspirable free-form asbestos, no matter wnen manufactured or ini tially introduced Into commerce the rule at Part 1304 applies on June 12, 1878, and after that date. This means that 30 days after publication of this rule, manufacturers are prohibited from man ufacturing or shipping the product to distributors, retailers, consumers or to others for application In consumer envi ronments. Further, 180 days after publi cation of this rule, distributors and re tailers will be prohibited from selling, of fering for sale or distributing In com merce the described products, no matter when manufactured or Initially intro duced into commerce, to distributors, re tailers, and users. (2) The rule at Part 1305 below applies to artlfilcal embertsing materials (embers and ash) containing respirable free-form asbeetos that are In commerce on De cember IS, 1977. or after that date. This prohibition applies to products in Inven tory as well as to those manufactured on or after the effective date. The Administrative Procedure Act (3 UB.C. 553> which governs the matter of effective date for banning rulee under the CPSA. provides that a rule should be published 30 days before Its effective data unless the Commission provides other wise for good cause found and published with the rule. As described in tire dLcu..i,.i above on effective date, the Commission u con cerned that ordinary household air cur rents In homes that contain artificial emberizing materials, can cause continu ing exposure of consumers to the respira ble free-form asbestos In artificial em bers and ssb. It appears to the Commis sion, therefore, that, these products, should be removed frot- commerce os ex peditiously as possible In order to avoid having additional numoers of consumer* unwittingly purchase these materials. The Commission finds t.iere is good cause to Issue the rule on artificial ombenztng materials effective on the date of pub lication. Findtno 1. CPSA Section i. Section 8 (1) and (2) of the CPSA require that, before Is suing a consumer product safety rule declaring a product to be a banned haz ardous product, the Commission must find (1) that the product presents an unreasonable risk of Injury and (2) that no feasible safety standard con ade quately protect the public from the un-. reasonable risk ot Injury associated with' the product. (a) Unreasonable risk of injury. The regulations are intend ti to reduce or eliminate the unreasonable risk ot injury to the public from cancers such as lung cancer and raesothello.ua. The risk is associated with asbestos fibers which aro not tightly bound into or encapsu lated In ttr composition of a product. The health risk occurs when asbestos fibers become airborne such as by .nix ing. sanding, or cleanup operations mc-n using patching compounds, or bv the effect of ordinary household air currents on artificial emberizlrg materia is in fireplaces. Tests show th it certain malig nancies are related to usbostlform min erals; these can arise 2;) or more years after occupational exposure. However, also reported are malignancies from In direct. non-occupational exposure. In a recent case, the court rerognized a study on asbestos exposure cited by the En vironmental Protection Agency at 40 FB 48293, showing "new biological evidence supporting the significance of single, short-term exposures One-day In halation exposures in animal experi ments have produced an Increase in the incidence of mesothelioma.'* National Association of DcmotlLon Contractors v. Environmental Protection Agency. Civ. Nos. 74-1645. 73-2078, D C. Clr., October 13. 1977. .. The information on hleh the Com mission made the determination of un reasonable risk consist) primarily of data on exposure of Industrial workers to respirable free-form asbestos. Infor mation on exposure of the public to Inhalable asbestos in Individual consumer products Is limited. However, ss Is evi dent from the extensive bibliography in cluded herein there is general scientific VO*. St. me. 341--THWHOAY, PK3M8M It, 1Wf RUllS ANO MQULATIONS 6331 and medical Egmment that then Is no known threshold level below which it ui safe for people to be exposed to respi rable free-form asbeetoe. As noted In the proposal, tnhalable asbestos in the household from consumer patching compounds and artificial tinberlzinr materials presents ft preat risk due to the presence In the ho'mehoM of persons, siv"h os t hlldrcM, who may be particularly vulne able to curolni.w.-u.i. Because of the iorg latency period, ex posure to lnhulablf a.sLt*lt>* in the lu.-nii* car be life shorter. :*g lor children The Corrmissio". notes that -.uu-t.:uk exposed to asbestos fri-iu nr < oimt than the hi-i-.ncd pr*lurtr. Hin Cvi r. or. - tumors wn .< ire exposed to a-tw-is (U->-te from patching con.pounds arid artificial embers and ash receive additional doses of asbestos and can be assumed to face a greater risk than persona not so ex posed, and a greater cumulative risk than- if no asbestos were present In the general environment ' In determining t! at the Uric of cancers Is unreasonable, t-.o Comr'lS'don con cludes that the degree and r iturc of the risk of Jrjury and the probability that the risk will result 11 harm outweighs the rules' elT-ct on the products' utility, cost and availability to the consumer. (b) No feasible safety stand.ini. The Commission is not p.ware of a technically feasible procedure for removing the hazards of cancer from respirable free form nsbertos In the n.tmed products. The Commission believes that not nil patching compound s present an unrea sonable risk of lnfury to the public, only patching compounds containing respir able Tree-form asbestos. The hazard as sociated with this product is caused by the lice form in which the asbestos ap pears. A safe level of exposure to free form asbestos is not known. Therefore, it docs not appear that a standard for patching compounds containing respir able free-fnrm asbestos Is feasible. The product artificial emberlzlng ma terials * t fireplaces, containing respira ble free-iorm asbestos is used only in dry form. Thus individual asbestos fibers are never bound together. If the asbestos fibers were conted by another material to bind the fibers, it would no longer be the some product and would not give the de sired decorative effect. In considering the dry character of the product and the fact that n safe level of exposure to res pirable frcc-form aihcstos is not known. It does not appear hat a standard for artificial omberlzlnjr materials contain ing respirable fre^-form asbestos Is feasihle The Commission believes that no standard can rende* the defined prod ucts non-hazardous and concludes that only banning these products can ade quately project the public from unrea sonable risks of Injury associated with them. 2. CPSA Section 9-b). Section 9(b) of the CPSA. 15 U.S.C. 2058(h). as amended, requires-the Commission to consider and take into account in the promulgation of a rule the special needs of elderly and handicapped persons to determine the extent to which such person* may be adversely affected by such ri.le The Commission has considered the.'.e needs and has determined that no nd-erse ef- 11. feitarltn* P. and Henderson. V: Model for Extrapolating to Low Level* Asbeetoe Expoeure. Presented at C-nt-ran pa prcbJeiM of Extrapolating the Result* Laboratory Animal Data to Men ar gsuapnlatlng *.n# Result* from Hii*h Do tivt on elderly or handicapped persons Level Experiment* to low Dose Level Exp will result Imm this regulation. It is in the best Interest of the entire public. lurl.-linx the elderly and haivIJ'-upped, these hazards be reduced. 3 Cl'SA Section 9(c>. Sect: i 9<c> of the L.TBA requires that prior to prom'Jl- sure. Plnenurat. N C. ' March 1070). 13 Enter!lne. P.. DeCouffe. P.. ami Hendc un V Mortality In Relation to Occupt tiooai Eiporure in the Aebe-iu* Industry, pf f XU `.jpal lo.'iel Medicine 14 <12i: 997-91 (19731. ' U Eutteknap. J B.. and Rml'b-r. W. J Kni-ug a consumer product rifetv nl" Ptnwmetl Tuna.are Ic. Aabestor.ls Urlt. J. In tin* Commission shall consult-- and thuli Ml. J! 70.ji H994I. r.iiXe appropriate finding-, for inclusion -u:.i n rule as to: U> Tlie degree and : ,it.:ie of the risk of injury the rile is c<-..i/ned to eliminate or ledu'.-e: <3 the approximate number of consumer prod 14 F-iviroummial Defennorund- Petltlc f> r Ac'.lcn unrt-r --'Mon '.I of the CPE m:\u\-* f.rsv.ia'e -bes and V.xs Contalnii jtiief/n F<*,t.uto 1 May if. 1777. 13 r-.r*.rher. OCA Mortality Study eh'pTard Worr.ern and Pleural Plaques. Sr. ucts. or type* or classes thereof, subject Ind Med 10:143-146 <1973). to such rule; <3> the need of the pubUe 1* Oreenberg. M. and Davies, A. I for the consumer products subject to MeW'thelioma Re^Lster 10078, Br. J. Ind. Me such rule, and the probable effect of such rule upon the utility, cost, or avail ability of such products to meet such need: (4> any means of achieving the effect of the order while minim: ung .-.d- 31.91 104 (1974). 17. Hammond. E. C.. SoMkoff, I. J. at Churg. J : Nroplnsln Among Insulatlt Worxer*' In the 'Jnlted R'eten with 7pci Referer.-e to Intra Aht'omlnal N"'plaii Attn N T Ar.ad Rrl. [32 MP G25 <1?(!*). verse effects on competition or a ;rup?.m 1* llsm.iiiond. EC. end e'**!rtoff. I. J.: & or dislocation of manufactur ng i.r.d taMon -j( r i>-*ret*." PmoV'ng to IC-'t c f Dea< other commercial practices < mstbicn' with the public health ard .< ..'ety; -5that the rule is reasonably r' leosary :o eliminate or reduce an unreasonable risk associated with such pndiv.t: ar.d <8> -.f A.li.*-s Aaso'-'ii'-'l r*l-- . a ."[ong Inai :n:lot: lV:rrs In ><* (:-. i i!--. pp ,U: 317 (n-rriiMlori-: Ag*.-y f**r R--c.'!sh < Conor- IV73, t )P f' 'nee. |*. <3.: A b--*' "v"-Uo 'lw I> .-Xv.tr Is. Ann. (Kenp. Hyg. 11:1 ls-1 that the promulgation of the rule U In (IV-Jli the public Interest (15 (7.8 C. 2058'c) >. f* lissan. fhyrsl V. et s* 'lie ''-{nlPoailPf A-hretos Exptisi-r :n *- JV-gncsl The findings required by Section 9'c M-oo-'ti-'ioma: A 17 y-- - ' - -'-nee from of the act have been deserttvt generally In the preamble and are incorporated in Mnlr-r Urban n-i-nlt .'Jn-r 110 7CI-.60 <1077). Resp. D 31 7luir. J. E.. If-in- <r. ' 7. Ding -. If 1304.5 and 13.05.5 of the rules bel>*. A. whii.r.ei'.i, 1). L. <-"1 :< lison. " t BlSLIOOUTHT Asb.-<*.(A: An C*vi-vl-- - Chei' lcc If'imon ar-j Ant<r--.i HerI Ut ,,r .\nnual Joi 1. Anderson, H. A., Lille. R.. Dum. H. fcrents Pr-.-:-t*l'T". Flschbeln. A. 8. end Sollkoff. I. J : Household- 21 IAP.' VfcrK'r<: Orr*p (.* i*--Evaluatlt Contact Asbestos Neoplastic UI-.X. Ann N T. of the c r-'ncr-pi* R* <' c -cmlcnis Acad. Sol. 371:311-333 (1976). tran IAH , cn t1*- r- tuatlcQ 3. Asbestos Information Assoc.: Infsrme. ho Cfi.-r..-.'-.<-er,c S'.' '*. (<t *--> .V ".tC3. In tlon from Representative of the A.bcctm In Ac-r.ry r..- Rt.--arel* o-i c--*<--r. 19T *. ternational Association Confer** -c. Hum. .3. nc-.- <.V.r.i-ir:tti< <* Crr-jp c burg. Oermany. 1976, June 37, 1917 memo. E.< -ira.r.rner.'al < nrUnocenc. IPth Moetln 3. Borrow. M,, Cnnston. A.. Llvornfse. L t. r:y \-x 14.1070. and Schist, N.: Mcsotnelloma and Its Asso 24 Joiio. H B.. and Ortndcn. A.: navlroi ciation "With Asbestos. JAMA (5- : B3 C7 menfU raetcra us (lie Orlpip cf Cancer ai (1967). Batur.s'.lrn of the Pc-siMc I'a-srd to Ma.. 4. Canada. Consumer and Corporate Affaire. Pd C.fmet Tosic-I. I0:2't- !<'7 (1975). Consumer Standards Directorate, Product 33 LlUtngton, O. A. ct ,-l: Conjugal Malig Safety Branch. Asbestos In T-iya ard nant Mesothelioma. New Cng. J. Med 391 Modelling Materials Issue No. 3. June. l>* 111): 363 564 iflept. 13. 1974). 6. Department of Labor. Occ-(-*i ** 2C McDonald. J C. McDonald A D , Qlbbs. Safetv and Health Administration At<:. e-.t-.- A w. *t at The Htitlth of Chrysotlle [Just Standard. 29 C-IR 1010 93a. 0. Deportment of Labor. O'-......'< < < Safety and Health Administrate-n t tional E.-tpoaure to Asbestoe. N.v.ce <-f pa--d Rulemaking. F. Vcl. 40. A I*1 Pi- 7C5J-S7665. (Oct. 9. 1975). , 7. Department of Labor. Ocrupall na. iafety and Health Admtnletration. a.-ore'.-t A-hes-to Mi i.n ar.d Mitt Wpr-icrs of Quebec. A.-rft Lnr I'ral'h 38-61 tS7t. JJ Mt-.Fweu, j . Flnlav-r,!. _ ^nc) -r A a. M Mesothelioma in Qcollaiu Pr Me : J 4 57) 573 ;4070). 33 Me. u svi athrr. E R. A., and Price. C. W Rrt-, rt rn Ejects of Asbestos Dust o '.cr Lungs and Duat Suppression In Arbaste lust In the Construction Industry * iminary Draft: Technical Feasibility aint, Spackllng and Drywall Joint Lout- lounda. p. 113. (1077). 8. Edge. J. R.: Asbestos Related iarrow In Furness Env. R*- 11 1976) ,, ,_ 9. Elmes. P C. ancf Simpson. M. J c. Jnu- itlon Workers in Belfast 3. Slortwy ivo- 6. B-.J Ind. Med. 28: 236-336 tl9.ll- 10. England. Health and eafetj ssm: 3*p ft-du irf. HM. stationery OOlee, Londo i -.-j.': i 37 N'otlonaj Inatltuta for Occupation: - tfetr and Heatr.h: Cnterln for a Rccoa mended standard . .. Occupational Expostu io .Mtec-'a (1973), 30. Nt-ahouse. U, L.t and Berry Q.: Tt Bfj* ct Developing Meaothcllom* Amac Wurt-rs In an Aabestoa Textile Factory. XV ?r.irr-taUr.ii&! Congreaa on Occupntlo Health. Drintul. England 11975). f Prion and Consumer Protection Aaoeatoa It. Newhonee. M. L.. nnd Thompson. B .tbellnrSchuna Anrll 1976. Mesothelioma cf Plcttm r--I rtrttoncum Fo rtOIRAL R(CI$n>, VOt. 43. NO. J41--THURSO**. 0lCI*m IS, Hff 0006116 63362 RULES ANO KEOUUnONS lo*..' 2xp-i:re U> Ai _tc* in ti-- *. m Ar .. L.it. J. led. Mod. w.Ml (lOoai ______mcui^. 'i.: Asbestos in tne Work r . - .... i tbs Ccaur.unity. Ann. Oca. ttyf. tt: \ 11)73). 33. :;cwhouso. u. l.. cud B.iry. a., Prs- dlctljcs of Mortality (torn Mesothelioma Tumours in Asbestos Fuetory Workers. Br. J. led. Med. 33:147-151 (1378). 3*. Newhouss, M. L, and Berry O.: As bestos and laryngeal carcinoma Lancet. 3: 015 (1073). 33. HlchoUon. W. J.: Cass Study 1: As- beat03 The TLV Approach. N.Y. Acad. Set. 371: 102-169 (1070). 3J. llonl, A. N.. et al: Exposure to Asbestos In t.ie tic* of Consumer Speckling. Patching and Taping Compounds. Science 180:651-053 (Auj. 16. 1073). 37. Selikoff. I. J.: Asbestos and Neoplasia. An.. J. Med. 43(4): 407-408 (1067). 30. Sellkoff, I. J., and Hammond, R C.:XIX Community Effect! of Non-Occupatlonal En vironmental Ai.bestos Exposure. Am. J. Pub. Health 60t0):1558-1658 (I960). 30. Seltkut. I. J.; Churg, J.. and Hammond. E. C.: The Occurrence of Asbcstnsis Among Insulation Markers in ths United States. N.Y. Acad, of Scl. 133:130-165 (1066). 40. Sollk.,.;, I. J,, Hammond. S. C.. and Churg, J.: rwbtatos Exposure, Smoking, and Naoplasta. J.iMA 304(3): 108-113 (1088). 41. Sciik.j./, I. J.. Hammond. E C, and Swldman, u.z Cancer Risk of Insulatloj Workera la tho Halted States. [:p. 300-316 Intomatijaal Ag. uc/ for Rcoaa.cl. on cancer (1073). 43. StU-.-.ir. 7. J,, Hammond, E. C. and Churg, J.. c.irct..ogo:iu-Uy .i Amostts As bestos. A., a. law. lUat.u 36.1:13-188 (1073). 43. Sel... .u. 1. )., rimht.L...: , W. J., and Lang:v. a i.l.: 'rtsbe..tr!j c.ir Pollution": Arch, i.uvi.HtiOKli. a.:: 113. Jin/ 1073. 44. t ue. .. *1.. i.Ar.ctii at A l>. cs in Dock- yam V.or. .., U.. I.ied. J. 3:l. /4-f.78 (1066). 46. l.c.'U. i'. r.i.. und tX.t.i.l, T.: Asbestos and Liujh.....t Cnr-mor.... i-.ncet 3:416-417 (1873). *6. oumiplilus. J.: F;M..lology of Meao- thello: .. on WnU i.i.ret iii-nd. Br. J. tnd. Med. a..:.;a-uJ (to.)). 47. .........ar, J. ;l!t,.,,'s. C. A., and Mar* chsud. < j'lc . i M.vMthelloma and Asbs.t ,, ^ 1., t..u North Western Cape Proel... .i. lair. J. I.ul.. ted. 17:300-371 (1800). 46 wu.,iier. J. C . .-i -1.: Tho Effects of the InhUntlou u. A:,b. t.ciia lti Rats. Br. d. Cancer. 30: 3S3-ioIM 1074). 40. Wooster, t.: nobeatrai end Mallgnaney. 8A. ttle-1. J. 47:166-171 (lu63). 50. Whltotll. P.. and Rawollffe. R. M.: Dif fuse Msllgnant Plour.d Mesotuelioma and Aabcatas Exposure, `thorax 26:823 (1071). 81. Kearnsy, A. T.: Economic Impact As sessment of the Proposed Ban of Asbsstos Containing Patching Compounds, October 1077. 63. Itohl, A.. Lsngsr, A., sad Bsllkoff, I.: Environmental Asbestos Pollution Related So Use of Quarried Serpentine Rock. Science^ V, 108. pp. 1310-1833, June 17, 1077. 53. Bayard. U.: Msmoranduns. Risk of Respiratory Cancer Due to Low-Level Xxpc- sure to Asbestos from Speckling sad Joint Taping Compounds. June 3. 1077. 54. Bayard. 8.: Memorandum to Pile: Re sponses to Comments, October 1077. 65. Thompson. J. Cl, Ann. of N.Y. Aoad. Sd. 133:106-314, 1086. 66. Dept, ot interior. Bureau of Mints: Be- 1acted silicate Minerals and their Asbastl- form Vanatics. 1077. 67. Harrington. J. 8., at al.: Mineral Fibers: Chemical, Phyilcnrhomlesl and Biological Properties. auv. Pharmacol. Chsmothar. 13:391-403.1876. 68. Btsnton. U. Tt -. Some Xtiologtesl Oon- slderatloiu of Ptbcr Csrclnogeneets. Biological Ede.'U of AsbestoS!'lABC^Publication No. 8, pp. 360--2s 1. Lyon. 1073. CONCLUSION Upon considering ths published pro posal, the oral end written responses to the proposal and other relevant material, the Commission bans consumer patching compounds and artificial embcrlzing ma terials (embers and ash) as net lorth below. Accordingly, pursuant to provisions of the Consumer Product Safety Act (sections 8 and 0, 86 Stat. 1216-17, as amended, 90 Stat. 506. IS U.S.C. 2057, 2058), new Parts 1304 and 1305 are added to Title 16, Chapter n. Subchapter B, as fellows: . PART 1304--BAN OF CONSUMER PATCH ING COMPOUNDS CONTAINING RESPI RABLE FREEFORM ASSESTOS TiOC. 1J04.1 .13042 1304.3 1304.4 1304.8 Scope and application. Purpose. Definitions. Consumer patching compounds bauued hazardous products. Fliiduigu. as AoTHOsrrr: Sections 8. 0. 80 8tat. 1316 1317. as amended 90 Stat. 500, IS 17.8.0. 3057, 2068. 5 1304.1 Scope and application. <a) In this Part 1304 the Consumer Product Safety commission declares that consumer patching compounds contain ing intentionally-added respirable free- firm asuestos in such a manner that the asbestos fibers con become airborne under reasonably foreseeable conditions of use, are b.inned hazardous products under sections 8 and 9 of tho Consumer Product Safety Act (CPSA) <16 Ofi.C, 2067 and 2056). This bon applies to patching t-i.Hii.ounds which are <1) used to cover, stji ui* mask cracks. Joints, holes and similar ..innings in the trim, walls, celling, etc. u building Interiors, which after drying are sanded to a smooth finish and cii are produced and dis tributed fo* tale to or for the personal use. con..ur,,..uon or enjoyment of a con sumer in i.r around a permanent or temporary household or residence, a school. In recreation or otherwise. (b) The Commission has found that (1) these patelling compounds are being or will be distributed In commerce; (2> that they present an unreasonable risk of injury; and (3) that no feasible con sumer product safety standard under the CPSA would adequately protect the pub- Uo from the unreasonable risk of injury associated with these products. Tills rule applies to tho banned hazardous products defined in section 1304.3 and described further In section 1304.4. (c> Only consumer products are sub ject to this regulation. Patching com pounds which are consumer products Include those which a consumer con pur chase. Merely labeling a patching com pound for industrial use would not ex clude such articles from the ban. If the sale or use of the product by consumers is facilitated, it ts subject, to the ban. Patching compounds which are labeled as, marketed, and sold solely for indus trial use ta noa-coBsuasor environments an not subject to the baa. In to those Products which can be sold directly to consumers, the ban applies to patching compounds containing respirable free form asbestos which are used in resi dences, schools, hospitals, public build ings or other areas wiu.ru consumers have customary acceis. S 1304.2 Purpose. The purpose of this rule ir. to b-u con sumer patching compoumt containing intentionally added respirable, frcc-iorin asbestos. These products p*.Lent au un reasonable risk of injury due to Umalation of fibers which Increase the risk of developing cancer, including lung cancer and mesothelioma, diseases which hava been demonstrated to be cauoed by expo sure to asbestos fibers. 9 1304,3 Dr(inilions. (si The definitions in section 3 of the Consumer Product Safety Act (15 U-S.C. 2062) apply to this Part 1304. (b) "Asbestrs" means a group of min eral filers composed of hydrated sili cates. oxygen, hydrogen, and other ele ments such os sodium, iron, magnesium, and calcium In diverse combinations and aro: Amoelte, chrysotilo, crocidotltu. anthophylUto asbestos, octinolite asbes tos, and tremolite a beatoa. (c) ` Free form a^bectos" is that which is not bound, or otherwise "locked-ln" to a product by resins or other bonding agents, or which can readily become air borne with any reasonably foreseeable use. (d> "Patching compounds" ore mix tures of tale, pigments, clays, casein, ground marble, mica or other similar materials and a binding material such as asbestos which are sold In a dry form ready to be mixed with water, or such combinations in ready-mix paste form. <e> "Consumer patching compounds", are those that are customarily produced or distributed for sale to or for the per sonal use. consumption or enjoyment of consumers in or around a permanent or temporary household or residence, a school, in recreation or otherwise. The Commission consider! that patching compounds for application lit these con sumer environments an either distrib uted for sale to or an for the personal use or enjoyment of consumers. <f> "Intentionally-added asbestos" is asbestos which is (1) added deliberately as an ingredient Intended to impart spe cific characteristics; or, (2) contained in the final product ns the result of know ingly using a raw material containing asbestos. Whenever n manufn.tuier finds out that the fliiahrd product contains asbestos, the manufacturer a til be con sidered as knowing!)' using u raw mate rial containing asbestos, unleu the manufacturer takes steps to reduce the asbestos to the maximum extent feasible. (g) "Initial introduction into com merce" occurs when the manufacturer ships a product covered by this regula tion from a facility of the manufacturer to a distributor, retailer, or user. ifpaui (taunt, vol 49. no. J4i--tmusway, dkuom is, iot r -0086117 tuns ANO RIOUlATtONS 633 I 1604.4 Conrnairr ptlrKInf mmpoanJi posure to lnhalable asbestoa Is in the of asbestos formulations) are affected m banned harardflit* product*. home. the 10-25 percent Increase. The burd On the bU that airborne asbestos fibers present the hazards of cancer, in cluding lung cancer and mesothelioma to the public, consumer patching com pounds containing Intentionally-added, respirable free-form asbestos, which have been manufactured or initially in troduced Into commerce after January IS. 1978. are banned hazardous products. In addition, all other consumer patching compounds containing intentionallyadded, respirable free-form asbestos, no matter alien manufactured or initially lntiodiii'ed into conunerce. are banned hazardous products nftei June 11. 1778. (b> Products subject to the ban. Con sumer patching compounds as defined in 1 1034.3 (d>, (e). <f> include such prod ucts as drywall sparkling compounds and tape joint compounds (commonly known as "joint cement" or "tape Joint mud"). The Commission estimates annual ship ments of patching compounds subject to the ban at approximately 30- j0 million "units," or individual pm kages. of vari ous sizes from 0 5 to 25 pounds 'dry or 0.5 to 5 gallons (wet>. Th- commis sion believes that nhout half the patch ing compounds snM in 1777, and Intended for sale to or use or enjoyment by con sumers. were formulated with asbestos. of this cost is expected to fall dime on owners of existing homes who m engage In some renovation, and on pi chasers of newly-renovated or new; constructed homes. These increased co are expected to diminish over time formulations Improve and as ippllcati become more accustomed to using nc asbr: tea formulations. The use of astx to3 substitutes may also lead to cost 1 creases In ths manufacture of patchl compounds. The Commission estlma' this cost, which may vary widely fre firm to firm, at an average of 5-15 p< cent. This Is made up primarily of t creased costs of raw materials and 8 1304.3 Finilings. M'.ny others containing significant levels formulation research and developme (a) The degree and nature of the risk of injury. The Commission finds that the risk of injury which this regulation is designed to eliminate or reduce is from cancer. Including lung cancer and mesothelioma. In assessing the degree end nature of the risk of Injury to consumers, tho Commission has reviewed expenme.itnl data and hu man existence infoi motion. The Com mission noted that In the scientific literature, there is general agreement that there Is no known threshold level below which exposure to respirable free form asbestos would be considered safe. Further on the basts of such scientific opinion. It appears to the Commission that children are ps rtirularly vulnerable to carcinogens because of their longer potential lifetime nr.d their rapid rate of growth. In areas of the country whire asbestos may not be prevalent In the en vironment. the major rtsk of exposure for children and others may occur In the household. In arras of the country where more ashestos fibers are present In the environment, the public Is exposed to ad ditional itiks from the presence of as bestos libers In households and other consumer environment-;, the Commission concluded on the basis of these factors that consumer patching compounds con taining respirable free-form asbestoa present an unreasonable risk of Injury to the public. In addition, a rtsk assessment was made. For purposes of this assess ment. the Commission considered the use of patching compounds by the consumer, for six hours a day four times a year, to of asbestos contamination will also bo affected by the ban. (c> Need of the public for the products and effects of the rule on their utility, cost and availability. Patching com pounds. though used primarily by com mercial construction workers, are also used by consumers, and are used for the patching and sealing of cracks and Joints in and around the household and in other consumer environments either by consumers or professional applicators. The compounds are used to cover areas on gypsum drywall which might other wise be aesthetically undesirable or which might lead to structural damage, energy loss or lower property value. The asbestos In these compounds acts as a atructural reinforcing agent which helps to reduce cracking and shrinkage of the compound over time, and which render* the compound more pliable or "work able" upon application. (1) Utility. Tile elimination of asbestos from these products may result in the Increased use or new development of substitutes which have similar proper ties to those of asbestos, or which impart similar qualities to the product. In cur rent reformulations, asbestos is replaced by a combination of substances, of which the most common is attapulglte. a fibrous clay. Some non-asbestos formulations are reportedly not as effective as those containing asbestoa in controlling shrinkage and cracking over time. The workability of some compounds may be diminished as well. This may adversely affect the utility derived from the prod It Is expected that the price of ma patching compounds may rise as a rest Producers, distributors, and retailers patching compounds may also have incur costs associated with the dlspo of products In Inventory. The Comm slon estimates that the wholesale va of manufacturers' and distributor*' . ventortes at the time the ban beeor effective will be approximately 115 tr lion. These costs may be reflected In i prices charged for asbestos-free patch) compound formulations, and Ui t prices of other drywall and paint prt ucts. It appears that, because of co petitlve pressure from asbestoe-conta tng compounds, producers of asbesfe free formulations have not yet pas: on to purchasers their Increased cos If the increased production costs of i bestos-free formulations can be pass on completely m a result of the ban. t total annual price effect for the year f lowing the issuance of the ban may 510-330 million. The magnitude of tl effect may be reduced significantly successive years following the issuance the ban as producers' development co ore amortized, as raw materials beco. more widely available, and as price co petition is strengthened because of mt ket pressure and economies of scale ( soeiated with production. - (3) Availability. The supply of astx to* substitutes, particularly attapulg clay and relatively uncontaminated talc for use In the manufacture of patching compounds may be Insufficient to meet the short-run demand which la expected be a high yet reasonably foreseeable ex uct by consumers, and by professional to be stimulated by the promulgation of posure. The Increased risk cf death from contractors until such time as Improved the ban. Further, many small producers respiratory cancer Induced by tills ex formulations are developed and available probably lack the technical capability to posure Is estimated at lietwcen 10 and to end-users. reformulate their products, and may be 2.000 per million. For five years of ex >2) Cost. Asbestos-free patching com forced to cease production, at least un' posure at these levels, the risk Increases pound formulations may require more formulations of satisfactory cost ai geomett.caily and is estimated at be time to use. This would tend to increase performance are developed. This m tween 1 000 and 12.000 per million. The uie direct labor costs of residential and affect some professional contractor*, lower estimate of 10 per million is closer other construction and renovation. The the short run, consumers may be 1 to the actual risk for a one-year ex expected increase Is between 10 and 25 directly affected by delays In drywi posure Nevertheless, in view of the seri percent. The Commission estimates that finishing and building completion. ousness of the Injury and the cumulative the annual labor cost of drywall finishing id) Any means of achieving the o effects of asbestoa exposure, even this In these consumer environments is on the jectiv* of the ban while minimising a minimum figure represents an unaccept order of tl billion. The use of non verse effects on competition or disrupt! able risk. The Commission believes that asbestos patching compound formula or dislocation of manufacturing and at. reducing exposure to respirable free tions in all applications may Increase this er commercial practices consistent wi form asbestos in the home represents a cost by S50-1125 million, assuming that ths public health and safety. TTie a substantial decrease In risk to consumers, roughly half the current labor costa (1.*., verse effect* of the ban on patching cor since, for many people, the major ex that portion now associated with the use pounds containing asbestos is reduced hoout utma vet 4i, no. jsi--thumpat, occuua if, un ) j' n.r 0.006l'iS> 53384 DIES AND ICGUlATtONS the bin to intentionally added ojtcatoj. Other altem&ttvss *uch as - limiting the bcope of the baa only to products purchased and used by eon* burners or to issuing a ban with a later effective date, were considered by the Commission. However, none was found that would cause less disruption or dis location of manufacturing end other commerlcal practices, consistent with public health and safety. Conclusion. The commission finds that this rule, including its effective date is reasonably necessary to eliminate or reduce the unreasonable risk of injury from cancers such ns lung cancer and mesothelioma that are associated with tho banned products described herein, that no feasible consumer product snfety standard under the Consumer Product Safety Act can adequately protect the public from this risk, and that promulga tion of this rule is in the public interest. PAfJT 1305--BAN Or ARTIFICIAL EMBER* I2IMU M/VTtnlAti, (ASH AND EMBERS) CO.frAININO AtHUMBLE FREEFORM AS.IFaTOS 1.. J.i.l SCO,14 an.l e . plication. l,j C 1305.5 bnj. .v.cuic::-l iu1. *)U: j nrli and embers os c .r*: . .1 U: ^us products. t Aor: ;cnrrY: J, 0 30(d). Pub. L. 89- 67 J. U. - r.T/.af'.* i a, 1 ,i>). L. 6 l-'.'34: 80 Btat. /. e\U ..Je. uO .tat. i-.i0 16 OJ3.C. 2057,' 813.. ;.i s.iu,.e nt d application. III ( il. i'..n 13C5 il'.o C.ia-umcr Prod uct .j 1v Cv,.ni(..sii'<n declares that a.due. i cuibi-iidt),; i....U'rials (nsh and e.nt,...i , ...it,u;iin;. re r.iraole fruo-form asb^.rtuj 0. a..ally .-.aeLa.'rca in an emberi-ma Lie fur u. a in lireplneu... and desl&..ju icr uii: 1:. :;ui u a manner that the b.Lc. to.> libers can bvnnnie airborne undei rc.jjoiinbly iu*C: arable conditions of Use are banned uu/mdous products under Gtcllons 8 and 0 of the Consumer Product Safety Act (CPSA) (15 U.S.C. 2057 and 2U!>U>. Tills ban applies to arti ficial cmbcrtzlitg materials available in separata kits or with artificial fireplace logs fur use in fireplaces and sprinkled or ccuted by consumers on the artificial logs to simulate live ember* and ashea and give a glowing appearance when subjected to high temperatures. Bogs of material containing asbestos that are sold separately to be sprinkled on and under artificial logs to simulate burning and globing ashes also com* within the scope of this ban. i. 11305.2 Purpose. The purpose of this rule is to ban arti ficial emberizing materials containing respirable free-form asbestos. These products present oil unreasonable risk of Injury due to inhalation of fibers wlilch increase the risk of developing enneon such os lung cancer and mesothelioma. diieaeaa which have been demonstrated to bo caused by exposure to asbestos fibers. 1180SJ Definition*. (a) The definitions In section 3 of the Consumer Product Safety Act as U.S.C. 2053> apply to this Part 1305. <bi "Asbestos'* means a group of min eral fibers composed of hydrated silicates, oxygen, hydrogen and other elements such as sodium, iron, magnesium and cal cium in diverse combinations and are: Amoslte. chrysotile, crocidolite, anthophylllte asbestos, actinolitc asbestos, and trcmolito asbestos. (c) "lVee-form asbestos" Is that which is not bound, v. even, or otherwise "locked-iu" to a i.ioduct by rosins or other bonding agents, or those from which fibers c.,u readily become airborno with any rca:<imbly foreseeable use. (d> "Embeiumg materials'* means an asbestos-contuuitug material gcncnily packed In on '`emberizing" kit to be placed under artificial log3 in gas-burn ing fireplace systems or in artificial fire places for decorative purposes. The prod uct is also glued to artificial logs, either at a factory or by a consumer using an emberizing kit. (Synthetic logs manufac tured of cellulosic products which ure consumed by flames are not included in this definition. Electric artificial logs and artificial ash be<L; used iu electric fire places. which do not cor.tr in respirable free-form astu.-str.s are not included in this definition.) 1305.4 Artificial fireplace u&h and embers as bnuned haraitlous prod uct*. On the basis that airborne asbestos fibers present the hazards of cancer such as lung cancer and mesothelioma to the public, artificial fireplace ash and embers containing respirable free-form asbestos are banned hazardous products. g H05.S I iiiJiiigs. (a) The degree and nature of the risk of injurs. The Commission finds that the risk of injury which this regulation is designed to eliminate or reduce is from cancer. Including lung cancel and meso thelioma. 3'easuremenU are not avail able of the amounts of asbestos in the air from asbestos-containing emberizing materials In homes. However, it appears that the amount of airborne asbestos In such homes would increase when air cur rents In the home are created by down drafts from a fireplace chimney or other activities that stir air in any room. Since emberizing materials iniy contain up to 50 percent asbestos, '.inch if not permonently bound Into artificial fireplace logs would be In respirable foim. the risk associated with cmlx n/.u;g materials Is considerable, especially unce it continues to ezist 24 hours a d .y. (b) Products sult cf fo the ban. Arti ficial etnbemum nn.-enaLi arc decorative simulated ashea or embers, -ised in cer tain gas-burnuig fireplace systems, which glow to give the appearance ol real burn ing embers. The material Is sprinkled on or glued to gas logs, or sprinklsd on fire- ~ place floors. (c> Need of the pubUe for the prod ucts and effects of the rule on their util ity. coit, and availability. Artificial fire place emberizing material serves a strictly decorative purpose and does not materially affect the actual perform ance of the fireplace gas system in terms of its ability to provide heat A certain degree of aesthetic desirability exists, however, since the product "system'' it self (the gat log. ashes, and embers) is intended to stmulate burning wooden logs. Qas logs may be sold with artificial emberizing material attached at the fac tory (the log commonly referred to as being "frosted''!. or with the "embers" in a separate kit. often mixed with simu lated "ashes." Virtually all gas logs are either frosted or packaged with an em berizing kit; however, the majority of gas logs produced in 1977 were packaged with non-asbestos-containing emberiz ing kits. The Commission estimate* annual sole* of artificial gas logs at ap proximately 100.000 units. Some 25,000 30.000 of these would be subject to the ban. Approximately 100.000 gas logs frosted or treated by consumers with as bestos sre estimated to be in existence. The Commission believes that the ma jority of gas logs are sold with embeclring kits; this gives the consumer s choice as to wbether or not to use tbs artificial embers and ashes. (1) Utility. Manufacturers of artifi cial gas log emberizing material or* cur rently using four substitutes for asbestos in their products: vermlculite. rock 'wool, mica, and a synthetic fiber. None of the four Is claimed to be as aesthetically ef fective as asbestos. Thus, the utility de rived by consumers from some gas-burn ing fireplace systems may be adversely affected. (2) Cost. No effect on the o/erall price level of gas logs is anticipated as a rc..uit of the bon. The average price of ember izing kits may rise somewhat; the Com mission estimates .the total price effect of the bon on consumers at under t25.000. (3) Availability. The Commission be lieves that all producers of artificial em berizing material will have eliminated asbestos from their products by the time the ban becomes effective. No significant impact on the availability of asbestos subsUtutss to producers nor on the avail ability of gas logs or emberizing kits to retail dealers and consumers Ls expected ss s result of the ban. (d> Any meant of achieving the objec tive of the ban while minimizing adverse effects on competition or disruption or dislocation of manufacturing and other commercial practices consistent with the public health and satrty. The Commis sion believes that there will be minimal disruption to the market lor artificial eaibcrizing materials at a consequence cf the bon and that no furtner redui tion tn adverse effects is feasible. Conclusion. The Commission finds that this rule. ineinHiry its effective date, is FfOiUl UOmUL VOL 43. NO. HI--THVWOAT, 0KIM3H 15, 1*37 "i . i.. < v *T . iM V. r 0006119 UU* AHP ttOOUTTOm iMcrratr to eliminate or ft- **eo the imrauonahia rtslt of Injury f* cancer* each w tun* cancer and TM**ouieJtoina Urnt are mtuctuUH with *" banned product* tlivtcrtbed herein, "at tu> ImuUbie consumer ;utxiuct .safety Uhdartt "mder the Counumcr Product Safety Act can adequate1.;.' protect the public from this risk. >uJ that promult.'iittau of Utife rule is in the public ht- W*w Part tIM twewehae af- feethr* January ia. irn is.P1a*nn.ims aw-otuM tUtrun Decembar Dated rjf ' ir.oer 13 l#TT ii.aiac* l norm. A'.-.utm f?vai**er 1** *<,. r Wttk<- rr ir-'t/. ; u -> * : m| Oft noout tfomM, vot. a*, no. tai-- it. i we 0006120