Document zQxZzjG3J6vD1kwQjm6Y8zggm

FILE NAME: Drywall Spackling Compounds (DWSC102) DATE: 1976 DOC#: DWSC102 DOCUMENT DESCRIPTION: Natural Resources Defense Council Petition to the Consumer Product Safety Commission with AIA Notes FILE COF o% ri iQ k Natural Resources Defense Council, Inc. tOAKD or TEUVftZ t j ilmienr MtrhijUlu**U*- D r . C**y U . W * Jw tU * JV r C krir**** nf.lu.jt* F..A*rth"*A , Mr. L i U AwchtAdi* fc*U U r.u**rr rrnlcv*^ A.rU*fU,)r. |r. Hen* J. Do** JJjUhShc-ftHV.Vk.uninAfswlnre U*W j>cVwtu U.IX.IL |u. KLtu"incriwf Anti**w Ma/Mchl f-1:S.> M 3>*Aey.Jr. >Sdurt 0*>cnOlpin kaf*r ||<rfm>N(toi ftjptM. L r j t U r |CHh.utlUvS*.r0f.JKiRr.tpW.ic*l*ot }*AwR,Kkn*t*leinAtM , Lattfiticv URuniiVMirlrcHvcUr Whitney NorJ\i<>t.t*ux#Jr. Di SUe fi&ittier Alibett lV.tyj3 l'.V.r.r{>'tvU tin# John Jl. AtUUmiitetlor H7 15T H STR.EKT, N.W* W A S H I N G T O N , U.C. 2 0 0 0 $ xos 757-5000 J u l y 15, 1975 N rt* York P \rr *5 VEST .J.jTri *T*tKT K E W Y O K E , N .v . |#i Q BG^-ojjo Weittrn O^Jirt G6.J X A M IL Y O U A Y S X t t >ALO ALTO, CAtir. H*5 S*7"*6S w ' c. S. John Byihgton Chairman Consumer Product Safety 1750 K Street. N. V!. Washington, 0. C. Commission 20035 Dear Chairman Byington: Recent scientific studies show that consumers of dry-wall used in rooms Tr,f Those suspended fibers are readily inna >y consumers -expbsittS' fHsm to a substantial increase in the risks of lung cancer and mesothelioma. Mesothelioma is an alv/ays fatal malignancy of the pleura and peritoneum, membranes which en close the lungs and abdomen. Brief exposures to asbestos fibers such #f as those experienced by consumers of~patcSTng coij!Poui).d.s.Jva-ue-been ShPBff~TT~suSsIahuany in'er?rsirr:g~rTsk' of cancer. This evidence is summarized in the attached petition which asks the Consumer Product Safety Commission to protect the public health by issuing an order declaring patching compounds containing asbestos to be banned hazardous substances, thus prohibiting their interstate sale and requiring their repurchase by the manufacturer. Hundreds of other consumer products including fake fireplace ash and papier mache contain asbestos which may be released into the air exposing consumers to increased risks of cancer. Vie request the <D-i* * .I- Iivr,.f ASBESTOS INFORMATION ASSOCIATION/ North America 1835 K Street, N. W. Suits 402 _ Washington, D. C . 20005 - . v KIVI 0 1 1 1 8 S. John Byington Page 2 J u l y 15, 1976 ' Commission, in cooperation with the Federal Trade Commission, to examine these other products for asbestos content and declare those products which present a significant health risk to be banned hazardous substances. Vie urge the Commission to take action on this petition and request as expeditiously as possible. Thank you very much for your attention. Sincerely, Attachment Ruby I. Compton ) ! KM BB 5429 UNITED STATES OF AMERICA BEFORE THE CONSUMER PRODUCT SAFETE COMMISSION Petition of Natural Resources Defense Council, Inc., and the Consumers Union of U.S.A., Inc., for the Promulgation of a'Rule Declaring Certain Patching Compounds To Be Banned Hazardous Substances ri-. ... I. ` Summary W: \ . Pi .1. .This petition requests this Commission to issue an ! ' 1/ order which declares consumer patching compounds containing asbestos to be banned hazardous substances. 2. This petition summarizes scientific evidence that continued use of patching' compounds containing asbestos will expose.many persons to the risk of substantial illness. This evidence indicates that continued use of these products will resu in the inhalation of asbestos fibers by consumers which will result in a significantly higher incidence of cancer (including lung cancer and mesothelioma), . 3. This petition demonstrates that no cautionary label would adequately protect the public from the risk of illness associated with patching compounds containing.asbestos. This petition therefore requests that this Commission exercise its power to declare patching compounds containing asbestos to be banned hazardous substances. II. Jurisdiction 4. This petition is filed pursuant to 2.of the Federal _ _________ ' ' I Hazardous Substances Act (hereinafter "the Act") , 15 U.S.C. 12Slp- 1/ Consumer patching compounds include taping, spackling, and \t:. Joint sealing compounds. ----;--------- - - '" ~ > _ ft: 2/ Asbestos is a generic term used to describe a number of naturally occurring, fibrous, hydrated minorai silicates including t". chrysofcile, amositc, crocidolite, tremolito, anthophyllite and actinolitc. The forms of asbestos contained in patching compounds ^ are chrysotilc, trcr.oiitc, and anthophyllite. " KM BB 5430 -2 - (1974)/ which provides in relevant parts . . ` (g)(1) The terra "banned hazardous sub stance" means . . . (B) any hazardous substance intended, or packaged in a form suitable, -for use i n 'the h o u s e h o l d . w h i c h ' . the secretary by regulation classifies as a "banned hazardous substance" on the basis . of a finding that, notwithstanding such cautionary labeling as is or may be required . under this chapter for that substance, "the degree or nature of the hazard involved in the presence or use of such substance in households is such that the objective of protection of the public health and s a f e t y can oe adequately served" only by keeping *feuch s u b s t a n c e , Vlften so intended or p a c k a g e d , out of the channels of interstate commerce; * (2) Proceedings for the issuance, amendment, or repeal of regulations pursuant to clause (B) of paragraph (1) of this subsection shall be governed by the provisions of sections 371 (e), (f), and (g) of Title 21: Provided, That if the Secretary finds-that the distribution 1 for household use of -the hazardous substance involved presents an imminent hazard to the public health, he may by order published in the Federal Register give notice of such finding, and thereupon such substance when intended or offered for household use, or when so packaged as to be suitable for such use, shajj. oe oeemep to be a "banned hazardous substance" pending the completion of proceedings relating to the issuance of such regulations. Authority under the Federal Hazardous Substances Act is vested in the Consumer Product Safety Commission by 30(a) of t h e Consumer Product Safety Act, 15 XJ.S.C. S 2079(a)(1974), which provides: ' . (a) The functions of the Secretary of Health, Education, and. Welfare under the Federal Hazardous Substances Act and the Poison Prevention Packaging Act of 1970 are transferred to the Commission. The functions of the Administrator of the Environmental Protection Agency and the Secretary of Health, Education, and Welfare under the Acts amended by subsections (b) through (f) of section 7 of the Poison Prevention Packaging Act of 1970, to the extent such functions relate to the adminis tration and enforcement of the Poison Prevention Packaging Act of 1970, are transferred to the Commission. KM BB 5431 t -3 - Sections 371(c) , () r end (cj) o f Title 21 provide in relevant part: (e) (1) Any action for the issuance, amendment/ or repeal of any regulation under (certain sections of Title 21] shall be begun by a proposal made (A) by the Secretary on his own initiative, or (B) by petition of any interested person, showing reasonable grounds therefor, filed with the Secretary. ' The Secretary shall .publish such proposal and-shall afford all . interested persons an"opportunity to present their views thereon, orally o r in. writing. As soon as practicable thereafter, the Secretary shall by order act upon such . proposal and shall make such order public. Except as provided in paragraph (2) of this subsection, the order shall become effective at such time as m a y be specified therein, but not prior to the d a y following the last day on which objections may be filed under such paragraph. Review of order' (f)(1) In a case of actual controversy as to the validity of any order under sub section (e) of this section, a n y person who will be adversely affected b y such order if placed in effect may at any time prior to the ninetieth day after such order is issued _f__i-ie"-a~1 :ition wi'th t~h e nm' +or-g*-a of appeals for t-h ri r m a j--Mhajo.ia-Ciirh "person resides or. has his pr i n c i p a l place of business, for a judicial review of such order. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary or other officer designated by him for that purpose. The Secretary thereupon shall file in the court the record of the proceedings on which the Secretary based his order, as provided in section 2112 of Title 2S. 5. provides: Section 4 of the Act, 15 U.S.C. S 1253 (1974), The following acts and the causing thereof are prohibited: (a) The introduction or d e l i v e r y for i n t r o duction into interstate commerce of any mis branded hazardous substance or banned hazardous "s u d s tanccT. ~ ----- ---------- ------ KM BB 5432 -4 - (c) The receipt in interstate commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery thereof for pay or otherwise. (g) The manufacture of a misbranded hazardous substance or banned hazardous . ' substance 'within the District of Columbia or within any territory not .organized with . a legislative body.. S e c t i o n 15 of the Act, 15 U.S.C. 5 1274 (1974), provides in part . .. .. (a) In the case of any article or sub stance sold by its manufacturer, distributor, or dealer which is-a banned hazardous sub stance {whether or r.ot it was- such at the ' time of its sale), such article or substance shall, in accordance with regulations of the Secretary, be repurchased as follows: (1) The manufacturer of any such article or substance shall repurchase it from the person to whom .he- sold it, and shall -- (A) refund that person the purchase price paid for such article or sub-r stance . . . (2) The distributor of any such article or substance shall repurchase it from the person to whom he sold it, and shall -- (A) *refund that person the purchase price paid for such article or sub stance . . . _ (3) In the case of-any such article or substance sold at retail by a dealer, if the person who purchased it from the dealer 'returns it to him, the dealer shall refund the purchaser the purchase price paid for it and reimburse him for any reasonable and necessary transportation charges incurred in its return. - 6. Patching compounds containing asbestos, the use of which cause asbestos fibers to be released into the air and inhaled by consumers, are hazardous substances within the m e a n i n g of the Act. Section 2{f) of the Act, 15 U.S.C. S 1261(f) (1974), defines "hazardous substance" as: KM BB 5433 V  X .. / -5 - (1)(A) Any substance or mixture of substances which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) i is a strong sonsiti2er, (v) is flammable or combustible, or (vi) generates pressure through decomposition, heat, or other means, if such substance or mixture of substances may cause substantial personal injury or substantial illness during or as a proximate result of any cnitivnji-y or reasonably foreseeable handling nr luse,including reasonably foreseeable ingestion by children. " Section 2(g) of the Act, 15 U.S.C. S 1261(g)(1374), provides (g) The term "toxic" shall apply to , any substance (other than a radioactive j substance) which has the capacity to | produce personal injury or illness to _ man through ingestion, inhalation, or absorption through any body surface. Section 1500.3(c)(2) of Title 16 of the Code of Federal Regula tions (1975) further defines "toxic": 'Toxic1 also applies to any substance that is "toxic" (but not "highly t o x i c ") on the basis of human experience. Established scientific evidence, cited in i 9, infra, shows that j inhalation of asbestos fibers causes "personal injury [and] j illness to man" by significantly increasing the risk of J mesothelioma, and lung cancer. III. Description of the Petitioner 7. Petitioner Natural Resources Defense Council, Inc. (NRDC), is a nonprofit, tax-exempt corporation organized under j the laws of the State of N e w York, with offices at.15 VTest 44th j I Street, New York, New York; 917 - 15th Street, N. W., Washington, | D. C.; and 2345 Yale Street, Palo Alto, California. N R D C is a > national organization dedicated to environmental protection, including protection of the human environment. NRDC has about , f l 25,000 members and contributors in the United States. Many of these persons and their children will be subjected to an increased j Mj iX KM BB 5434 j! t -e - risk of cancer discussed in 'J 9, infra, if the C o m i s s i o n does ! 1 not b2.n the use of patching compounds containing asbestos, hmor.c ! . ,. the methods NRDC uses to achieve its objectives arei ! (1) improvin': i federal agency decisionmaking which affects the environment by : commenting, furnishing information, participating in administrative proceedings, and bringing lawsuits where legal duties are not ' i; ' I being fulfilled; and (2) improving federal agency-decision- j making v;hich affects the environment by encouraging agencies to j solicit and utilize the views, knowledge,, and expertise of j members of the general public. 8. Consumers Union is a nonprofit membership organizati chartered in 1936 under the laws of the State of Kew York to ' provide information, education, and counsel about consumer goods and services and management of family income. -Consumers Union ! l has offices at 256 Washington Street, Mount-Vernon, New York and l ' 1714 Massachusetts Avenue, N. W., Washington, D. C. The-Consumers Union has about 286,540 members in the United States. Many of I ' ! these persons and their children w i l l _be subjected to an increased._ risk of cancer discussed in i' 9, infra,'L the Commission does not ban the use of patching compounds containing asbestos. The j Consumers Union achieves its objectives by publishing Cor.sur.sr ' t Reports and other publications and by improving federal agency ; decisionmaking which affects consumer interests by commenting, furnishing information, participating in administrative proceedings, and bringing lawsuits. . i IV.. Scientific Evidence A. Summary ' 9. Recent studies demonstrate that consumers of' patching compounds containing asbestos are exposed to a sub- tantial risk of cancer. These studies found very high quan- KM BB 5435 t \ b O' -7 - tities of asbestos fibers in the air after patching compounds containing asbestos were used in rooms for drywallTrepairy' These suspended asbestos fibers are readily inhaled by consumers residing in dwellings where such dryvall repair has occurred. Inhalation of asbestos fibers substantially increases the risk of mesothelioma and lung cancer. Patching compounds containing asbestos are sold to hundreds of thousands of consumers every year, thus exposing millions of home and apartment dwellers to increased risks of cancer. B. Use of Patching Compounds Containing Asbestos_____ _ 9a. As shown in the following table, more than 29,000 retail outlets -- hardware stores, home centers, and lumber and 'building material outlets -- sold over $3.5 million worth y of patching compounds in 1971 and approximately $6.9 million worth of patching comoounds in 1975. / Number of Retail Outlets Sales of Patching Wiich Sold Patching Compounds Type of Outlet Compounds in 1975 (Millions of Dollars)5/ 1371 ' 1975 ' Hardware Stores 21,600 $2.1 $3.1 Home Centers 6,040 1.4 3.6 Retail Lumber & .Building t-Jatarial Outlets 2,040 no data $3.5 0.2 (fT ) 9b. Patching compounds sold to consumers and professional iraftsmen at retail outlets are used principally in home drywall repair and construction. A small fraction is used in offices and sther places of business. 3/ Product Sales Study 2371 (1972), and Product Sales Study 1375 (to be published August 1976), National Retail Hardware Association Indianapolis, Indiana. Data arc not available for wholesale sales or sales to professionals or for the years 1972, 1973, and 1974. 4/ This is the projected number of retail outlets in the U.S. ! which s o l d _patching compounds in 1975, based on reports of sales j to the National Retail Hardware Association. 1 5/ Cil up ru t\. 3 KM BB 5436 -8- 9c. According to retail marketers, in 1975 approximately ' two-thirds of all sales of patching-compounds, or $4.6 million j dollars worth, were speckling, taping, and joint sealing compounds * -- compounds which may contain asbestos as an ingredient (herein- ' after "asbestos-suspect patching compounds") . The other one-thi^-d ' ! are Droducts such as nlaster-of-parxs which aposar not to contain / I asbestos as an ingredient. The asbestos-suspect patching ' j compounds were most commonly sold in .1975 in units of p i n t to ! one quart, ranging in price from $1.00 to $2.50, with an average 1 i unit cost of approximately $2.00. Accordingly, it can be i estimated that approximately two million units of asbestos-suspect ; patching compounds were sold in 1975. :Of these two million units ' of asbestos-suspect patching compounds sold in retail ............... 7 / 1975, it is estimated that approximately one-third -- units -- actually contained asbestos. - . outlets in j or 670,000 ' 9d.. If it. is assumed that.the average consumer of - j patching compounds purchases approximately 1 to 3 units in a given ( 67 Dave F. Fischer, Jr.,. Fischer Hardware Coro,, Springfield, Virginia (telephone communication, March 1976); Steve McQuitty, Montgomery Wards, Wheaton, -Maryland (telephone- communication, M a y 13, 1976) .. j * * 7/ Rohl, A.N., et al.; Exposure to Asbestos in the Use of Consumer. Upackling, Patching, ar.d Taping Compounds, Science, 189:551 (August 15, 1975). Dr. Rohl and co-workers tested fifteen retail brands; one third, or five, were- found to contain asbestos. These were Perf-A-Tape joint sealant (U.S. Gypsum, 1972); Metro spackling compound (Eondex International); Perf-A-Tape joint_ sealant (U.S. Gypsum, 1974) ; Arvon spackling compound (Arvon products) , ar.d USG Texolite spackling putty (U.S. Gypsum). Two of these m a n u facturers indicated to Dr. Rohl that they intend to cease using asbestos in their products. Letter from S. J. Burgeson, j Synkoloid Company, to Arthur Rohl, September 18, 1975; Let t e r ' fro m K. S. Freeman, U.S. Gypsum Company, to Ralph Georgialis, | September 12, 1975. A recent mar k e t survey revealed that o ther ! retail, brands of patching compounds, including Georgia-Pacific and . Wards, were labeled, as containing asbestos. (Market survey con- , S ducted by Barry Castleman, May 1976). i i i KM BB 5437 t 9 year, then the more than 650,000 units, assumed to contain asbestos will reach approximately 220,000-660,000 homes each year. / Therefore, more than one million people v/ill be exposed to 8 asbestos inhalation each year; every application of patching compounds c o n t a i n i n g .asbestos causes the asbestos fibers to be released into the air in large quantities as described in n 9f, infra* ' ' * ' 9e. A n even greater number of people m a y be exposed to asbestos fibers due to the use of patching compounds. The above 9/ . figures do not include wholesale distribution. Contractors and builders but patching compounds at wholesale o u t l e t s . . Use of these patching compounds exposes consumers who rent apartments, buy .homes, p r hire professionals to make home `wa l l repairs. 7 C. Asbestos Levels In The Home Resulting From Use of Patching Compounds 9f. Asbestos-containing spackling, patching anc taping compounds used in home drywall construction and repair expose consumers to a substantial risk of cancer. Dr. Arthur Rohl and co-workers at the Mfc. Sinai School of Medicine analysed 15 representative samples of patching compounds retailed in the State of Ne w Tork and 15 samples of patching compounds sold whole sale throughout the U.S. .The analysis found that five-retail 87 Based on population per household estimate of 3.01 persons. Statistical Abstract of the United States: 2 S?J, U.S. Bureau, of-' i the Census, Washington, D. C., 39-40 (1974). j 9/ Dr. Rohl and co-workers tested samples of 15 patching compounds sold by wholesale distributors. Thirteen of the compounds were found to contain asbestos; Sterling Redy Mix Vinyl joint cement, . S-C-L vinyl taping compound, Sterling all purpose vinyl joint j cement, Synko spackling compound, seven different U.S. Gypsum . spackling and taping products, a Muralo Co. spackling compound, ' and a spackling compound for which-the manufacturer was unknown. These samples were analyzed by x-ray diffraction, optical and electron microscopy. Five of tho samples were procured for analysis in mid-July 1975, the other 10 were obtained in previous years. Letter and attachments from Dr. Arthur Rohl to S. Trank Raftery, General President, International Brotherhood of Painters and Allied Trades (August 11, 1975). ! KM BB 5438 v v . -M- h. /s -1 0 - samples and thirteen wholesale samples contained appreciable amount's (4-15 percent) of the asbestos minerals chrysotile, I 10/ j anthophyllite, and tremolite. The Mt. Sinai group measured t asbestos concentrations in the. air in the breathing 2one of * l drywall construction workers during and.after'sanding, dry mining, and sweeping (conditions similar to h o m e 'drywall repair). These breathing zone measurements showed considerable amounts of asbestos in the air-, counts ranging from ,2.5 t o ! 9 . 8 fibers per millileter ) (fibers longer tfhan 5 microns) t,1/nl*)V-;Fiber counts during . j mi x i n g were considerably h i g h e r , --- 33.4 to 59.0 f/ml, or 7 to 12 ' times greater than the then applicable Occupational Safety and ; /. Health Administration ("OSHA"). standard. ; Samples of air in : adjacent rooms resulted in.fiber counts averaging from 2.6 to / 4.8. f/ml. "Fiber counts could not b e made on floor sweeping, 12 samples because the filters were too heavily laden to count."" Air samples taken after floor, sweeping contained 26.4 and 41.4 13/ f/ml. Dr. Rohl and co-workers n o t e d that the OS HA workplace limit for peak exposures -- 10 f/ml -- was exceeded for a 15 14/ minute interval. These concentrations determined by the standard optical microscopic method of the'National Institute for Occupational .Safety and Health ("NIOSH") , were "only suggestive 15/ o f 'the total asbestos exposure." There may ha%,,e baen as' many as 1000 additional fibers for every fiber seen under the less .16/ powerful magnification. 10/ i d .; Rohl,' et al., supra n. 7, at 552. 11/ The then applicable 8-hour average Occupational Safety and 'Health Administration ("OSHA") standard for asbestos workers v;as 5 f/ml. This standard was lowered to 2 f/ml on July 1, 1976. Rohl, et at., supra n. 7, at 553. 12/ Id. This means that air samples taken at the time of floor sweeping were so high in asbestos that the standard fiber-counting method used in asbestos plants could not be used to determine exactly how much asbestos was in the air. 13/ Rohl, et al., supra n. 7, at 552. 14/ Rohl, et cl., supra n. 7, at 553; 7, 1972) . 36 Fed. Fen. 23207 (Juno IIS/ Id. 'l&/ Id. KM BB 5439 w V -1 1 - D. Health Effects of Exposure to Asbestos 1. Introduction 9g. Asbestos is the generic name of a group of hydrated silicate mineral fibers. There are two groups of these minerals -- serpentine (chrysotile) and amphibole (amosite, crocidolite, anthophyllite, tremolite', and actinolite). Ninety-five percent 17/ of the world's asbestos production is chrysotile. 6 u 9h. Reports of epidemiological and pathological studies reveal that exposure to commercial asbestos minerals greatly enhances the likelihood of a number of diseases -- cancers of the lung, pleura, peritoneum, larynx, and gastro-intestinal tract 18/ and asbestosis. These diseases are not clinically apparent until approximately 20 years after the onset, of exposure to 19/ asbestos.' / 20 9i. Cancer is the prime health threat. Asbestos insulation workers, v.'hose exposure to asbestos was light and intermittent compared to that of factory workers in the past, incur a very high rate of >c a n c e r f Asbestosis was a cause of T n some cases, but a recent report shoxvs that cancer was 17/ Cooper, W. C., et cl., Asbestos - the Reed For and Feasibility of A i r Pollution Controls, National Academy of Sciences, Washington, D. C. 1971). | 18/ Id. Selikoff, I. J., Hammond, E. C., and Churg, J., Mortality, Experiences of Asbestos Insulation Workers, in Proceedings of the . International Conference on Pneumoconiosis, Johannesburg, 19597 edited by H. A. Shaoiro, Oxford University Press, Capetown, South . Africa, 180-186 (1970)("Selikoff t Churg"); Stall, P. M . , and McGill, T., Asbestos and Laryngeal Ccrcinoma, Lancet 2:416 (1973) ,v Newhouse, M. L . , and Thompson, H., Mesothelioma of the Pleura and Peritoneum Following Exposure to Asbestos in the London Area, Br. J. Ind. Ned. 22:261 (1965); Wagner, J. C . , et al., The Effect r! of the Inhalation of Asbestos in, Rats, Brit. J. Cancer 29:252(1974); ("Asbestos in Rats"). j / 19/ Selikoff, I. J.,' Environmental Canocr Associated With Inorgar. Micropcrticulatc Air Pollution, in Clinical Implications of Air Pollution Research, A. J. Finkel and w. C. Duel (eds.), Publishing Sciences Group, Acton, Mass., 49-66(1975)("Environmental Cancer"). 20/ Asbestosis is a non-malignant disease. Asbestos exposures which may not greatly increase the risk of death from asbestosis may nnvorthelcss significantly increase the rick of death from cancer. Nicholson, W. J., C.mr Win.lit t: Asbestos - Tho TLV Approach, Ann. N.V. Acad. Sci., 271: 152 ( 1 9 7 6 ) . NTOSI! has s t a t e d , "Reduction o'i asbestos exposures to levels sufficient to prevent asbestosis is known, at least in some instances, to be i n s u f ficien! to prevent asbestos-cancer. " hmn l: v 40 i V. /. Av./. 4 7G 5 1 , 47654 (October *!, k m BB 5440 21/ dominant. -1 2 Of the occupationally related deaths, more than four times as many were from cancer as were from asbestosis.-- I Lung cancer alone was the cause, o f death for 20 p e r c e n t of these. ! 1 t men, gastrointestinal cancer for another. 10 percent. Seven percent- died of mesothelioma, an always-fatal, cancerous, malignancy o* 1 23/ i the pleura or peritoneum, membranes which enclose the lungs and abdomen. Mesothelioma is associated almost exclusively with 24/ exposure to asbestos. In a memorandum dated September 29, 1975, to the Deputy Assistant Secretary of Labor for Occupational Safety [ * and Health, the Director, of N10SH wrote: . Multiple and consistent epidemiological .studies have shown virtually no doubt that asbestos is carcinogenic to nan.2 5 / 9j . Studies have shown that the risk, of cancer for asbestos' workers is much g r eater than'for the general community. The risk of lung cancer for .males who w o r k w i t h asbestos and ' 26/| also smoke is 92 times the risk for males.who do neither, but j the risk of lung is only 10 times male smokers who cancer for male smokers not exposed to asbestos 27/ | the risk- for male nonsmokers. _ I n other words., _ * ! are exposed to' asbestos at the w o r kplace increase their risk-of lung cancer ninefold. However, the risk for asbestos workers of other types of cancer does not appear, to be.related to 21/ Environmental Cancer, supra n. 191/..' 22/ id. '. . 22/ Id. * .**** 24/ Council on Environmental Quality, Sixth Annual Report 13 (1976); Selikoff, I. J., Recent Perspectives in Occupational Cancer, Smbip 4:1 (1975) . 25/ 40 Fed. Reg. 47651 (October 9, 1975). ' 26/ Selikoff, X. J . , Hammond, E. C., and Churg, J., Asbestos Exposure, Smoking, ar.d iVeop lasia, J.A.M.A. 204:106 (19S3) . 27/ Hammond, E. C., Tobacco, in Persons at High Risk of C a n c e r , J. F. Fraumeni (od.) Adad c m i c Press, New Xori;, 135 (1975). e l KM BB 5441 u V .. xr -1 3 - smoking habits; the risks of mesothelioma and lower intestinal : 1 ; tract c a n c e r are high for nonsmoking asbestos workers as well as : 28/ . smokers. 9k. All commercial varieties of asbestos are carcinoe'e 29/ . to man. Laboratory animal inhalation studies do not show anv . * 30/ marked difference in effect among the d i f f e r e n t types of asbestosT"l } In fact, each of the three important c o mmercial varieties of j asbestos -- chrysotile, amosite and crocidolite -- produced 31/ either lung canser or mesothelioma in experimental animals. 2. Brief and Low Level Exposure to Asbestos Increases the Risk ' of Cancer a.' Introduction Studies have shown that brief, h i g h level exposure as well as longterm, low level exposure to asbestos, leads to an : 32/ increase in the risk, of cancer. In recommending criteria for asbestos exposure, NIOSH noted: [T]he effect after several decades of a one-time acute dose [of asbestos] ! of limited duration which overwhelms : the cleaning mechanism, and is : {retailed^in the l u n g s , may be as j harmful as the cumulative e f f e c t of j lower daily doses of exposure over j many years of work. 33/' j 28/ Center for the Study of Biological Effects of Environmental Agents, first Annual Pepsri to the national Institute of Environ mental Health Sciences, 2 (New York 1974). 29/ Environmental Cancer, supra n. 19, a t 51; Castleman, B. I., 4 et al.t Hazards o f Asbestos for Brake l-ieshaniss, Publ. Health R e p . 90:254 (1975); Selikoff, I. J . , Hammond, E. C . , and Cnurg, ? J . , Carcinogenicity of Amosite Asbestos, Arch. Environ. Health 25:183 (1972) ("Carcinogenity of Amosite Asbestos") ; l-'.eurman, j L. O. , Kiviluoto, R . , and Hakama, H. , Mo r t a l i t y end Morbidity ! Among the Working Population of Anthophyllite Asbestos -liners in : Finland, Brit. J. Industr. M e d / 31:105 (1974). l 30/ Asbestos in Eats, supra n. 18. 31/ Jc2., at 263-264 . j 32/ Selikoff, I. J., Nicholson, V?. J., and Lnnqcr, A. M., Ar-brsl Air Pollution, Arch. Environ. Health, 25:1 (972). 33/ Notional Institute for Occupational Safety and Health ifri t.-riu /.'! >i iiVi'.':.// '!.111-1.1r.i . . . t ' . t ! ,<>,1 ! :\if, llrullh, V-5 (Washington, D. C. 1972) ("NIOSH Criteria."). II:.; I KM BB 5442 l! V -1 4 - Studies have shown that asbestos workers, people living in the area of asbestos mines and mills, a n d family members of asbestos workers have a significantly higher incidence of cancer than the rest of the population although their exposure to asbestos may have been brief> as is the exposure to asoestos of consumers using patch ing compounds. .In addition, experimental animals d e v eloped luner cancer and m e s t helioma from only seven hours* 34/ ' - exposure. __ . In some studies the concentration of asbestos exposure - in f/ml - was not available, but in studies in which such data f/i are available, exposures were often lower than those measured . during the use of patching compounds. See 9f,' supra.. ... ^ studies of Workers - , 91. In a study of th mortality of workers due to amosite asbestos employed between 1941 and 1945 in New Jersey-, total deaths observed ware more than twice the number expected by 1971 (105 died; 45.4 deaths were expected from U.S. age- 35/ specific rates for white males). More recent follow-up has revealed that a significant excess cancer mortality occurred in workers with less than one month's employment in the plant, as.seen in the following table. 34/ . Asbestos in RctSj supra n. 18. 35/. Carcinogenicity of Amosite A s b e s t o s , supra n. 29, at 183. .. / u KM BB 5443 -1 5 - TABLE 1 36/ 37/ Deaths of lung cancer among workers employed in an arosite asbestos factory starting five years, from onset of work 1941-1945 to December 31, 1974. Effect of duration of exposure. Duration of Death of Ding Cancer 1946-1974 r employment No. Expected 38/ Observed Ratio i < 1 month 62' 1.34 3 2.24 ! 1 month 92 1.44 5 3.47 f 2 months 79 1.30 8 ' 6.15 ft 3-5 months 145 * 2.24 > 8 3.57 l 6-11 months 129 1.63 9 5.52 1 year 105 1.53 12 . 7.84 2 years .77 1.05 13 ' 12.25 3-4 years 51 0.87 9 10.34 5+ years 65 1.04 ' 16. 15.36 Tetal 805 12.45 . 83 6.67 9m . Brake repair mechanics may also have a higher than \ average incidence of cancer. Studies in Great Britain show that i individuals who do full-time brake repair v/ork have time-averaged 1 rxposure to asbestos measured at 0.79 f/ml with peaks u p to 7 f/m'' ' ' 39/ When brake parts are cleaned with a compressed air hose. burin-g "blow out" of automobile brake drum assemblies, brief peak values averaging near 10 f/ml have been reported by researchers 36/ Seiikoff, X. 3., data presented at the "Fourth Symposium on Statistics and the Environment," National Academy of Sciences, j Washington, D. C., March 3, 1976. 7/ 128 workers v/ere omitted from these calculations: 33 had prior asbestos exposure; 38 died in the first five years after o nset of : employment. 49 were not completely traced; and eight had o ther ; Asbestos employment after the five years from onset point. | 38/ Expected deaths are based upon white male age-specific death : / pate data of the U.S. National Office of Vital Statistics 1949-1972. Rates were extrapolated for 1946-1948 from rates for 1949-1955 and jjfor 1973-1974 from rates for 1968-1972. j>/ Hickish, D. E . , and Knight, K. L . , Bspostirc to Asbestos uring Brake Haintonar.cc, Ann. Occup, Hyq. 13:17 1970) KM BB 5444 -16- 40/ at the Mt. Sinai School oMedicine. Background samples for 41/ blowing dust out of drum brakes range from 0.1 to O.B f/ml. I Such asbestos concentrations are of the same o r d e r of magnitude as those measured for drywall repair activities. The Mt. Sinai researchers examined 90 men who had 10 years o r m o r e experience in shops where brake repairs were done and who had no history ! of other occupational asbestos exposure. .S i x t y - o n e of these men ' were general mechanics who did brake lining more than once a week for 10 years cur more. Over one-half of the m e c hanics had char- ' , * . acteristics of asbestosis which are generally thought of as ' 42/ indicators for cancer. Dr. william Lloyd of N I O S H found in " separate studies at least four cases of mesothelioma reported fo- 3/ brake, mechanics.- : .9n. In a 1972 publication, Harries and co-workers reported 37 cases of mesothelioma in shipyard workers whose only exposure to asbestos was from proximity to asbestos workers. Thus, indirect occupational exposure was sufficient to produce ; 11/ . [ mesothelioma years later. Similar-data was. presented by [ ' *' 1 Stumphius and Meyer from- a series of cases of mesothelioma in 15/..- .......................... Zeeland, Netherlands, and elsewhere. 9o. One study has shown a statistically significant excess of lung cancer among a group of gold'miners exposed to 46/ ` only 0.25 f/ml in the workplace, considerably les s than concen- i trations which would result from the use of patching compounds. .... . ... i 40/ Lorimer, W. V . , ei at.. Asbestos Exposure o f Brake Repair Workers- in the United States, Mount Sinai J. M e d . , 43:207, 210 (1976). ~~ ; | 11/ I - . . KM BB 5445 42/ Id. 43/ Lloyd, W. J . , Alert on Brake and Clutch Servicing (untitled), ' National Institute for Occupational Safety and Health (Auctust 8, (1975). ' J 44/ Harries, P. G. , et a l . , Radiological Survey o f Men Exposed to Asbestos in llaval Dockyards, Brit. J, Ind. M e d . , 29:274 (1972). t 45/ Stumphius, J. and Meyer, P. B., Asbestos bod i e s and Her,o- tkalioKa, Ann. Occtio. liver. . 11:203 (19G8) ; 40 Fed, Reg, 47G51, ` 47655 (Occooer v, iV/5). J ;4C/ Cilliim, .7. D. , !. ./> Mart a t i t y Fit t.t Anu'tiy H e r d /.*.*.*A* IC o l d M i n e r t: E x y m o d Lo m t A s b e c t ifertn Mineral-, Paper presented at Conference on occupational Carcinoqeniisis, Now York Academy u iSciuncur. (March 24, 1975). I -17- 9?-. Mesothelioma was the cause of death of a man who had regularly sanded vinyl asbestos floor tile. Under simulated conditions, a max i mum asbestos dust concentration of only 1.3 f/ml was found in air samples passed through membrane filters worn by ; ---------- ` 12/ a person sanding vinyl asbestos. K c . Neighborhood Exposure 9q. Cases of mesothelioma in persons not exposed to ' : i asbestos at theworkplace or the home /ere first reported in the ' i * . ; original epidemiological report in 1960 v/hich discussed the 48/ : association between asbestos and mesothelioma. ' Indeed, roughly two-thirds of 33 mesothelioma cases described in that 196U report . were individuals who simply lived or worked in the vicinity of an. 49/ asbestos mining area. Cases of mesothelioma resulting from i neighborhood exposure to asbestos were reported in epidemiologic 50/ 51/ reports from New Jersey and Pennsylvania. Researchers Dalguen and co-workers considered asbestos air pollution a major cause of " death in their study of 119 cases of pleural mesothelioma in ! 52/ j 'Hamburg, Germany. : 9r. In 1963, Thomson and co-workers of South Africa p r e dicted that asbestos-associated neoplasms would rival cigarette- ......... 53/ . induced lung cancer by the end of this century. He based this 4 7 / M u r p h y , R.I>., et al., Floor T i le Installation as a Source oj U sbestos Exposure, Amer. Rev. Resp. Dis., 104:576 (1971). -------------------- :-------- 148/ Magner, J. C . f Sleggs, C. A., and Marchand, P., Diffuse Weural Msothliome and Asbestos Exposure in the llorth Western Cape Province, Brit. J. Industr. Med., 17:260 (I960). r 49/ 2d. 50/ Borow, M . , et at., Mesothelioma and its Association with {Jsbostos, J . A . M . A . , 201:587 (1967). 51/ Lieben, J., and Pistawka, H., Mesothelioma posure, Arch. Environ. Health, 14:559 (1967). I " ' |52/ Dalquen, P. , Dabbort, A. T ., and Hinz, I., tpTeuvamesothsliona Vorlufiger Bericht ber 129 'Hamburger Raum, Prax, Pneumol., 23:547 (1969). and asbestos ex Epidemiologie der Falls aus dem 53/ Thomson, J. G., Kaschula, R. O. C . , and MacDonald, U. l., [Asbestos as a Modern Urban Hasard. S . A Cr . M e d . J ., 37 :77 (1963). j I Ir .. KM BB 5446 > -1 8 - c laim on the. prevalence of "asbestos boiejes" in the lungs of urban dwellers and the sky-rocketing rate of world asbestos use following World' War II. Due mainly to historic under-diagr.osis of mesothelioma, and the typically long period between exposure and development of disease, it is impossible yet to know whether T h o m s o n 's extrapolation will prove correct; -however, the v/ide- j: spread presence of asbestos in the lungs of urban dwellers has 54/ ' been. verified by Langer and co-workers. . Doctors at the National ; Naval Medical Qenter are now finding increased prevalence of . - : . >i i. chronic, pleural thickening such as-that found in asbestos workers 55/ among individuals past the age of 50. They postulate that the oleural thickenings observed are.caused by nonoccupational, environ. - 56/ mental asbestos exposure. In 1971 the U.S. Environmental Pro tection Agency ("EPA") declared a s b e s t o s -a'"hazardous air pollu- 57/ tant" an d published national emission standards in 1973. ! . ! 9s. Not all environmental exposure to asbestos is in the form of air pollution from mining, milling, manufacturing, ann ' i fabrication^ Wagner, who first showed an association between I asbestos and mesothelioma described a case of a woman born in the .. . 58/. asbestos fields of the Depublic of South Africa. She left there ;at age 5, moved to Johannesburg, and-died at 57 of pleural m e s o thelioma. Detailed questioning revealed that she had attended an i n f a n t 's school near an asbestos dump. The--children'used to slide 54/ Langer, A. M . , Selikoff, I. J., and Sastrej A.-, Cr.rysoiile Xsbeatos in the Lunas of Persons in lJew Tork City, Arch. E n v i r o n . Health, 22:348 (1971). 55/ Ochs, C. W . , and Smith, J. P., Chronic Pleural Thickening: gome Observations on Causa and Pathogenesis, Milit. Med., 141:777 (1976) . ... 56/ Id. 57/ 38 Ped.' Reg. 8820 (April 6, 1973). 58/ Wagner, J. C. , F.ridcmiology of Diffuse Mesotkc.lial Tit-.orc: evidence o f an Association, from Cindies in South Africa and L!:j United Kingdom, Ann. M. Y. Acad. Sci., 132:575 (1965). KM BB 5447 -19 - down have four the dump on their way home. Two of her playmates at the school 59/ j subsequently died of mesothelioma. In England, at least j Post Office engineers have died of mesothelioma. Their j exposure consisted of "infrequent visits to Post Office reoeater ` ' ` I stations [which used asbestos for insulation] , over 4-6 m o n t h s 60/ and lasting 3-4 hours each time." : . d. Asbestos in the Home 9t. In 1965, nine cases of mesothelioma were reported by Newhouse and Thompson in individuals who lived with asbestos 61/ workers and who had no exposure to asbestos at the workplace. Recently, Anderson and associates reported four additional cases of mesothelioma in family members of former asbestos factory employees. Additionally, they reported that 35% of 326 family 62/ contacts had x-ray evidence characteristic of asbestos exposure"? The U.S. occupational standard requires workplaces exceeding- the limit for time-averaged exposure to provide change rooms and 63/ separate clothes lockers for work clothes ana street clothes This action was taken in Recognition of the threat posed by asbestos brought into the home on a worker's clothes. 9u. Other cases of brief asbestos exposure in the home which resulted in mesothelioma include a woman whose only known exoosurc was that she sometimes played with samples of asbestos 64/ products her father brought home; a 14 year old boy w h o had H7 : <>0/ Tait, N., Asbestos Kills,. The Silbury Fund, London, 3 ~ (1976). 51/ Newhouse, M. L., and Thompson, H., Epidemiology of Hesotkalial Tumors ir. the London Arcsj Ann. N.V. Acad. S c i . , 132:533 (1965) . ;62/ Anderson, II. A., ft al., Canjugcl Anbaaios He opina tic- Sisk, paper presented at Conference on Occupational Carcinogenesis, New York Academy of Sciences (March 24, 1975). j 63/ 36 Fed. Reg. 23207 (June 7, 1972) | 64/ Broder, P.. Expendable. Americana. Vikina Press, Hew York, i (1974). KM BB 5448 r> rr -2 0 - O D/ helped his father replace plaster board containing asbestos;' a man who mixed and applied asbestos cement insulation to boilers b b/ / in his home; a man who had sawed and applied asbestos insulation 67/ to basement heating pipes; a man who spent one day sav/ing 68 asbestos cement sheets to construct two sheds. 9v. The threat of asbestos brought^into the home was well described by Dr. Paul Kotin, -medical spokesman and vice president for the Johns-Manville Corporation, the leading manufac turer of asbestos* products, in a recent statement: I would suggest, however, that once asbestos gets into the home, carried home by the workman, which in itself. .. . is a tragedy, .it shouldn't happen, it is asbestos that is there virtually permanently -- it gets into the rugs, into the carpets, it gats suspended by ' movement and actually you are getting 24 hour/day exposure, relatively speaking, rather than a partial exposure._ Eut even worse than that is the fact-that you are exposing the population of the family which includes the very young and very old. And in the induction of cancer, it is the very young that are always the most susceptible. v;e use the fact that it -is the young that are the most susceptible in the laboratory when we want to test agents for their ability to induce cancer. 69/ . e. Conclusion 9w. Brief and low level exposures similar to those of consumers using patching compounds increases the risk of cancer. 22 It is therefore difficult, if not impossible, to prescribe any safe exposure level for asbestos. /. gj/ bieben and Pistawka, Mesothelioma and Asbestos Exposure, Arch. Environ. Health, 14:559 (1967). 66/ Id. 67/ Id. i68/ Greenberg, M.-, and Lloyd-Davios, T. A., Mesothelioma iesiste-!' 19C7-0S, Brit. J.- Industr. M e d . , 31:91-104 (1974). 69/ Taul Kotin, Presentation before OSHA Advisory Committee on Construction Safety and Health, January 22, 1976. 70/ nrosu Criteria, supra n. 33, a t V-10 to V - 1 7 . KM BB 5449 - 21- The problem of determining a safety threshold or a "no effect" level of carcinogenic substance is discussed in the.preamble to ^ 71/ ! the September 197 5 03KA proposal for a lower asbestos occupational standard: Because of the variability of individual response to carcinogens and other factors, the concept of a 'no effect' or 'threshold level' may have little real significance on the basis of existing knowledge. While some level, below which exposure to a carcinogen does not cause cancer, nay conceivably exist for any one individual, other individuals in "the working population may have cancer induced by doses so low as to be effectively z e r o . (Emphasis added). 77 " ` ! . . i-.' tr' I-. u ! i OSHA now notes that due to the long latency period of cancer and its irreversible nature, preventive action is warranted: Prudent policy would therefore seem to indicate that every reasonable measure- should ba taken to eliminate human exposure to chemical compounds as soon as their carcinogenic nature is identified. 73/ : Accordingly, Dr. Rohl and co-workers in. recognizing that signifil cant concentrations of asbestos would remain suspended and could pervade living quarters for a considerable duration of time after sweeping and that use of these materials in home repair work (for example, mixing, sanding, .and clean-up) may expose the user (and other members of the household) to significant concentrations of i t asbestos, recommended that: Ir- potentially toxic or hazardous materials be eliminated from consumer spackling, taping, and wall-patching compounds as soon as feasible. 74/ 717 40 Fed. Reg. 47654 (October 9, 1975). 72/ Id.., at 4765S. 22/ Id. 74/ Rohl, et al., sitpra n. 7, at 553. t: KM BB 5450 \ I I t --- - 22- V. This Comm ission Should Issue an Order Declaring Patching Compound!; Containing Ashor.to?" to be banned Hazardous Substances A. Ho Cautionary Label Which Could be Required Pursuant to the Act Would Adequately Protect the Public______ -' t 10. There appears to be no feasible way-of preventing asbestos fibers found in patching compounds from being released into the ambient atmosphere. Patching compounds are sold both in dry powder form to be mixed \<ith water at home and in premixed paste form. 'These compounds are applied in paste form to interior walls of homes and sanded to produce a smooth surface '! for painting.' The asbestos fibers found in these compounds are ! released into the air during the mixing process (dry form) and ! during the sanding process (dry and paste form). The asbestos fibers are also.released into the air at subsequent times when the walls are sanded or repaired or torn down for replacement. The consumer might protect himself, in part by wearing a'respirator for protection during application and clean-up. ' However, the asbestos fibers disperse to adjacent rooms and remain in the air [ and m the rugs and furniture well after the repair work is j completed. Moreover, once the, fibers settle on the floors of homes, they may be returned to the air by movement, resulting in a j continuous exposure. Also, ventilation systems may disperse j asbestos fibers widely throughout the home. Therefore, the only feasible way'of protecting the public from tie risk of illness presented by these products is to ban the sale and require the repurchase of patching compounds which contain asbestos. Safe, workable, and economical patching compounds exist which do not s contain asbestos. As noted in V 9f, supra, two-thirds of the patching compounds sold in retail outlets tested by Dr. Rohl n n d " " co-workers did not contain asbestos. Moreover, two manufacturers ^ of patching compounds containing asbestos tested by Dr. Rohl j notified Dr. Rohl and co-workcrs that they intended to discontinue KM BB 5451 t: V- -2 3 - use of asbestos in their patching compounds, other manufacturers of asbestos-containing patching compounds could also discontinue ^ the use of asbestos in their products without undue economic hardship. 3. This Commission Can Protect the Public From A Severe Risk of Illness Only By Declaring Patching Compounds Which Contain Asbestos To Be Banned Hazardous Substances 11. Thtf scientific evidence summarized in i 9, supra, shows that continued use of patching compounds containing asbestos will subject the public to a severe and increasing risk of lung ; cancer and mesothelioma.' It is demonstrated in ([ 10, swore, that ! the only feasible way of protecting the public from this risk, is t to ban the sale and require the repurchase of these products. ! PPAYER There being convincing scientific evidence that continued use of patching compounds containing asbestos will expose the public to an unreasonable risk of cancer, and There being no feasible cautionary label which would adequately protect the public from this risk, Petitioners pray that this Commission expeditiously issue an order declaring patching compounds containing asbestos to be banned hazardous products. Respectfully submitted, Ruby . Comp Con Thomas B. Stoel, Jr. Natural Resources Defense Council, Inc. 917 - 15th Street, N . W. V.'ashinoton, D. C. 20003 (202)737-5000 KM BB 5452 i -2 4 - Natural Resources Defense Council, Inc. 15 W e s t 44th Street New York, New York 10036 {212)869-0150 Barry/I. C a s t l e m a n , ri.S.t:. 1738 Riggs Place, N. W. Washington, D. C. 20009 (202)337-7595 , KM BB 5453