Document zdxdKwX0MmqNL8a58dNekQ9qB

PLAINTIFF'S EXHIBIT Natural Resources Defense Council, Inc. IOA.KO or T*U*TtIi HfCpJhU.lAfmrs.*Uvj>* J J*m< MllVutl * ' rte* * Dr. Fkr CUJw*' . Xck tw*itAti<2udM loth L C*ttlrr ` rrtOcrkk A. ta&9+ )r Sir* Rc<u |* D** - * R4^t'V.Wt*w* L*t D-ft.ll * 017 I5TM STREET, K.W* "WASHINGTON, U-C. 20005 xos 737-5000 ' July IS,'1976 Ntw Yti OSi*r 15 VEiT .j^tii jTKtrr K*W VO**. K.V. iu.,jr, . 512 &G9--0|,o lYctttrn Opt, CS.{ IIAVILTO,* AVtXtit, PAtO AUTO. CAUV. O JJoi <>5 5*7-1 tSo f4 C'S Anti~m UUkiaiMtlffv* UlM* IUiUM*StM ( O*c0ipL*A?tW * lCrk.st+n.*R*. S3'dt*ck*t KNUttMMl , Iii.MWiJutttrtRllAMNWmdlilt lVtiinrNir.Si(;uMr.jrf S. John Byington Chairman ' Consumer Product Safety Commission 1750 K Street, K. W. Washington, 0. C. 20036 . Dear Chairman Byington: _ ` ` \ - 1 '. ; "i* , t- * . . . tuitltf tto^t< John tt.Aibiftk Zt.9tutU.-4 tiUrttu* ^JC^ Recent scientific studies show that consumers of drywall ^ patching compounds_spntainir.g asbestos are exposed to a substantial * mUk^of csncorli These stuaierfound-very-higlnpraiTtities ofasOcseoTN fibers in the air after oatchino compounds containing asbestos __ used in rooms forTf^tailTfa?aTr*^ These suspended fibers are readily 7nnaiea'oy consumers expbiiflS tEem to a substantial increase in the risks of lung cancer and mesothelioma. Mesothelioma is an always fatal malignancy of the pleura and peritoneum, .membranes which en close the lungs and abdomen. Brief exposures to asbestos fibers s>.rh as those experienced by consumers' Of pattSTng terfpounds haw>-hp*n shown to substantially indiTrs5~tng~risl:~(>T'cIncer. . `ap'jL'&y 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 pepier cache contain asbestos which nay be released into the air exposing consumers to increased risks of. cancer. We request the F / * 4 . 1* !.,! tVj*rt ASBESTOS INFORMATION ASSOCIATION/ North America 1835 K Street, N. W. Suite 402 _ Washington, D. C. 20008 u h v. , -. tj-c KM BB 5428 KM 01118 S. John Byington Page 2 July 15, 1976 ' Commission, ir. cooperation with the Federal Trade Co.Tniission, to examine these other products for asbestos content and declare those products which present a significant health risk to be banned hazardous substances. - Me urge the Commission to take action on this petitioi and request as expeditiously as possible. Thank you very much for your attention. .' Sincerely, Attachment Ruby I. Compton / V ' KM BB 5429 UNITED STATES OF AMERICA BEFORE THE CONSUMER PRODUCT SAFETY 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 . ' : i : : : s ,\ ' . V '' '. "J- ;` . . I. Summary ' ' 71 - This petition requests this Commission to issue an * 1/ order which declares consumer patching compounds containing y 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 consumer.s which will jresult in a significantly higher incidence of cancer (including I lung cancer and mesothelioma). . . I. , . ' . 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 S 2. of the Federal u Hazardous Substances Act (hereinafter "the Act") , 15 U.S.C. S 12SlfV . 1/ Consumer patching compounds include taping, spackling, and Joint sealing compounds. : -- 7" ' 2/ Asbestos is a generic term used to describe a number of {7. naturally occurring, fibrous, hydrated mineral silicates including f-- chrysotile, amositc, crocidolite, trcmolito, anthophyllite and ki actinolitc. The forms of asbestos contained in patching compounds f. are chrysotile, irznalita, and anthophyllite. F~ KM BB 5430 2- (1974), which provides in relevant part: . . (q)(1) The terra "banned hazardous sub stance" means . . . (B) any hazardous . substance intended, or packaged in a form 1 suitable, - for use in'the household, which ` toe 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 the . ' -protection.of toe public health and safety , can ne adequately served only by keeping . ' Such substahee. Vlflfen so intended or sackaced. out of the channels of interstate commerce; e, '` . . ' (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 - p 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, shall flg' fl&emed 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 S 30(a) of the Consumer Product Safety Act, 15 U.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 -3- Sectiono 371(c), (f) , and (g) of Title 21 provide in relevant part: (e)(1) Any action for the issuance, amendment/ or repeal of any regulation under (certain sections of Title 21J 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 " vutn the Secretary. The Secretary shall . puonsh such- proposal and' shall afford all . interested persons an'opportunity to present their views thereon, orally or 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 may be specified therein, but not prior to the day following the last day on which objections may be filed under such paragraph. . Review of order- (f)(1) In a ease of actual controversy as to the validity of any order under sub section (e) of this section, any person who will be adversely affected by such order if placed in effect may at any time prior to the ninetieth day after such order is issued file a petition with the Unil"*^ fftatng person reside! orJias^his^principal 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. Section 4 of the Act, 15 U.S.C. s 1263. (1974), provides: - ' The following acts and the causing thereof are prohibited: ' (a) The introduction or delivery for intro duction into interstate com:norco of any mis branded hazardous substance or banned hazardous suoscance7 7 -- --------------------------- KM BB 5432 / -/ . . -4- ' V _ (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 Oistrict of Columbia ' . or vrithin any territory not .organized with- '. . . a legislative body.. . , ' Section 15 of .the Act, 15 U.S.C. S 1274 (19741, 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 not 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-. . \. ' 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 meaning of the Act. Section 2(f) of the Act, 15 U.S.C. $ 1261(f) (1974), defines "hazardous substance* as: . ! I i i m BB 5433 : tr X. (1)(A) Any substance or mixture of substances which (i) is toxic, (ii) is corrosive, (iii) is an irritant, (iv) is a strong sensitizer, (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^ r injury or suEscantiai tuness curing or $( as a proximate result of any or reasonably foreseeable handling or jse, incitldlftd reasonably foreseeable ingestion ay cniJLctren~ ~~-* Section 2(g) of the Act, 15 U.S.C. 5 1261(g)(1974), provides (g) The term "toxic" shall apply to any substance (other than a radioactive . ' ' 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"r . \ _ '' . - 'Toxic* also applies to any substance ' that is "toxic" (but not "highly toxic") on the basis of human experience. Established scientific evidence, cited.in f 9, infra, shows that inhalation of asbestos fibers causes "personal injury [and] illness to man" by significantly increasing the risk of mesothelioma, and lung cancer. .. 111. Description of the Petitioner ' 7. Petitioner Natural Resources Defense Council, Inc.' (NRDC), is a nonprofit, tax-exempt corporation organized under the laws of the State of New York, with offices at.15 West ,44 th Street, New York, New York; 917 - 15th Street, N. W., Washington, D. C.; and 2345 Yale Street, Palo Alto, California. NRDC is a national organization dedicated to environmental protection, including protection of the human environment. NRDC has about 25,000 members and contributors in the United States. Many of these persons and their children will be subjected to an increased KM BB 5434 -/ -6- ... risk of cancer discussed inV 9, infra, if the Commission. does I ! not b2.n the use of patching compounds containing asbestos. Among ! the methods NRDC uses to achieve its objectives are: (1) improvin': federal agency decisionmakingwhich affects the environment by : commenting, furnishing information-, participating in -administrative >* proceedings, and bringing lav/suits where legal duties are not `~ being fulfilled; and ' 2) .improving federal agency decision- t I *i .5 making which affects the environment by encouraging agencies to solicit and utilize the views, knowledge, and expertise of : ! members of the general public. . J I ' 8. Consumers Union is a nonprofit membership organization chartered in 1936 under the laws of the State of New Xork to ' ) provide information, education, and counsel about consumer goods ^ and services and management of family income. .Consumers Union has offices at 2S6 Washington Street, Mount -Vernon, New Jfork and 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 will.be subjected to an. increased.' risk of cancer discussed in V 9, infra,'if the Commission does not * ban the use of patching compounds containing asbestos. The , - I Consumers Union achieves its objectives by publishing Consumer Reports and other publications and by improving federal agency- j decisionmaking which affects consumer interests by commenting, furnishing information, participating in administrative proceedings^, and bringing lawsuits. '' . j IV.. Scientific Evidence A. Summary . ' . ' ' 9. Recent studies demonstrate that consumers of' " patching compoundscontainingasbestos areexposed I to a sub- stantial risk ofcancer. These studies found very high quan- - . i I t* - - KM BB 5435 ' . . . | i > i 4 t j li ' \ 6 -7- titles of asbestos fibers in the air after patchi containing asbestos were used in rooms for drywal suspended asbestos fibers are readily inhaled by consumers ' residing in dwellings where such drywall repair has occurred. j I Inhalation of asbestos fibers substantially increases the risk of j mesothelioma and lung cancer. Patching compounds containing asbestos are sola to hundreds of thousands of consumers every . ' year, thus exposing millionsof home and apartment dwellers to increased risks of cancer. 1 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 of patching compounds in 1971 and approximately $6.9 million ' - . 2/ worth of patching compounds in 1975. ' . `. ' Type of Outlet Hardware Stares Z! Number of Patail Outlets . touch Sold Patching Compounds in 1975 21,600 . Sales of Patching Compounds (Millions of Dollars) 5/ 1571 1975 : . $2.1 $3.1 ] Home Centers 6,040. '. ' 1.4 3.6 Petail lumber 6 . Building Material Outlets 2,040 . no data $3.5 . 9b. Patching compounds sold to consumers and professional :raftsmen at retail outlets are used principally in home drywall repair and construction. A small fraction is used in offices and other places of business. ' - 3/ Product Sales Study 1971 (1972), and Product Sales Study 197S ! (to be published August 1976), National Retail Hardware Association. Indianapolis, Indiana. Data are 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 sold patching compounds ir. 1975, based on reports of sales j to the National Retail Hardware Association. ' 5/ Op Bitpru n . 3* KM BB 5436 9c. According to retail marketers, in 1975 approximately two-th*irds of all sales of patching-compounds, or $4.6 million j dollars worth, were spackling, taping, and joint sealing compounds * -- compounds which may contain asbestos as an ingredient (herein-! after "asbestos-suspect, patching compounds"). The other, one-third ` ' '' - *j are products such as plaster-of-paris which appear not to contain y` i asbestos as an ingredient. The. asbestos-suspect patching ' . compounds were most commonly sold in .1975,in units of ij pint to one quart,, ranging inprice from $1.00 to $2.50, with an average > ' . * ' ' . i unit cost of approximately $2.00. Accordingly, it can be - i .. ' ' ' 't 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 outlets in . -l 1975, it is estimated that approximately one-third -- or 670,000 .. ' 2/ .. . units -- actually contained asbestos. - .'* '. ' `- 9d.. If it. is assumed that.the average consumer of . patching compounds purchases approximately 1 to 3 units in a given J 67 Dave F. Fischer, Jr.,. Fischer Hardware Corp., Springfield, Virginia (telephone communication, March 1976); Steve KcQuittv, Montgomery Wards, Wheaton,-Maryland (telephone- communication, " May 13, 1976).. .. .. | . ' | 7/ Rohl, A.N., et al.; Exposure to Asbestos in the Use of Cor.eumr. Spackling, Patching, and Taping Compounds, Science, 183:551 (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 (Bondex International); Perf-A-Tape joint^ sealant (U.S. ! Gypsum, 1-974); Arvon spackling compound. (Arvon products), and USG Texolite spackling putty (U.S. Gypsum). Two of these raanu- -: facturers indicated to Dr. Rohl that they intend to cease using ' asbestos in their products. Letter from S. J. Burgeson, . . i !Synkoloid Company, to Arthur Rohl, September 18, 1975; Letter " ! from K. S. Freeman, U.S. Gypsum Company, to Ralph Georgialis, i September 12, 1975. A recent market survey revealed that other ! .retail, brands of patching compounds, including Georgia-Pacific and . Wards, were labeled, as containing asbestos. (Market survey con- , ducted by Barry Castleman, May 1976). 5 KM BB 5437 -9- year, then the more than 660,000 units, assumed to contain asbestos will reach approximately 220,000-660,000 homes each year. Therefore, more than one million people will be exposed to 8/ asbestos inhalation each year; every application of patching . '' compounds containing.asbestos causes the asbestos fibers to be i 1 released into the air in large quantities as described in g 9f, ' ' : infra. ' . '" ' ' . 9e. An even greater number'of people may be exposed to ` asbestos fibers due to the use of patching compounds. The above ! 2/. . figures do not include wholesale distribution. Contractors and ` builders but patching compounds at wholesale outlets.. Use of ! these patchingcompounds exposesconsumers whorent apartments, buy^horaes^jbr hire~professionals to make home wall repairU : | C. Asbestos levels In The Korns Resuiting From Use ofPatching Compounds . ' " ' :' ` . ,9f. Asbestos-containing spackling, patching and taping j j t compounds used in home drywall construction and repair expose consumers to a substantial risk of cancer. Dr. Arthur Rohl and j co-workers at the Mt. Sinai School of .Medicine analysed 15 ' ' representative samples of patching compounds retailed in the I ' : State of New York and 15 samples of patching compounds sold whole sale throughout the U.S. .The analysis found that five-retail ' 8/ Based on population per household estimate of 3.01 persons. Statistical Abstract of the United States: 1974, 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 asbestosi 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 wore analyzed by x-ray diffraction, optical and * electron microscopy. Five of tho samples v/ere procured for analysis in mid-July 1975, the other 10 were obtained in previous years. letter and attachments from Dr. Arthur Rohl to S. Frank Raftery, General President, International Brotherhood of Painters and Allied Trades (August 11, 1975). . f KM BB 5438 .v .& y / -10- samoles and thirteen wholesale samples contained appreciable amount's (4-15 percent) of the asbestos minerals ehrysotile, ' . W anthophyllite, and tremolite. The Mt. Sinai group measured asbestos concentrations in the. air in the breathing zone of drywall construction workers during and after'sanding, dry mixing, " and sweeping (conditions similar to home-drywall repair). These f breathing zone measurements showed considerable amounts of asbestos " , . > * ^ | in the air, counts ranging from .2.5 to-13.8 fibers par.- millileter ; i' " . t (fibers longer Aan 5 microns) ("f/nl'*)Tiber counts during ' t mixing were considerably higher. -- 35.4 to 59.0 f/ml,or 7 to 12 t times greater than the then applicable' Occupational Safety and ' ' `- 11/. ' 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 be 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 w f/ml. Dr. Rohl and co-workers noted that the OSHA 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 wOccupational-Safety and Health ("NICSH"), were "only suggestive of-the total asbestos exposure." There may have been as many y as 1000 additional fibers for every fiber seen under the less . 16/ powerful magnification. . ' . .. 10/ Id.; Rohl, et at., supra n. 7, at 552. - |l 11/ The then applicable 8-hour average Occupational Safety and 'Health Administration ("OSHA") standard for asbestos workers was 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 at., supra n. 7, at 552. . 14/ Rohl, et cl., supra n. 7, at 553; 36 Fed. Keg. 23207 (June 77 1972). ' || 15/ Id. 1G/ Id. KM BB 5439 u V -11- D. Health Effects of Exposure to Asbestos _____ 1. Introduction 9g. Asbestos is the generic name of a group of hydrated r. silicate mineral fibers. There are two groups of these.minerals -- 'serpentine (chrysotile) and amphibole (amosite, crocidolite, anthophyllite, tremolite",' and actinolite) . Ninety-five percent .. U/ of the world's asbestos production is chrysotile. .. 9h. Reports of epidemiological and pathological studies fuc reveal that exposure to commercial asbestos minerals greatly enhances the likelihood of a number of diseases -- cancers of J.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 prims health threat." Asbestos insulation workers, whose exposure to asbestos was light and intermittent compared to that of factory workers in the past, incur a very high rate of^cancerr Asbestosis was a causa of Tn some cases, but a recent report shows that cancer was 17/ Cooper, W. C., et al.. Asbestos - the Reed For and Feasibility of Air Pollution Controls, National Academy of Sciences, Washington, D. C. (1971). -. . ' .J 18/ Id. Selikoff, I. J., Hammond, E. C., and Churg, 3., Mortality, Experiences of Asbestos.Insulation Workers, in Proceedings of the ! International Conference on Pneumoconiosis. Johannesburg, 19S9, edited by H. A. Shaoiro, Oxford University Press, Capetown, South ; Africa, 180-186 (1970)("Selikoff Churg"); Stall, P. M., and J McGill, T., Asbestoa and Laryngeal Carcinoma, Lancet 2:416 (1973);; Newhouse, M. I. and Thompson, H., Hasothelioaa of the Pleura and j Peritoneum Follouina Exposure to Asbestos in the London Area, 1 Br. J. Ind. Med. 22:261 (1965); Wagner, J. C., et al.. The Effect!?, of the Inhalation of Asbestos in. Rats, Brit. J. Cancer 29:252(1974); ("Asbestos in Rats"). ` 19/ Selikoff, I. J.,' Environmental Cancer Associated With Tnorgai: TFtcropsrtiuuljtc 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-nalignant disease. Asbestos exposures which may not greatly increase the risk of death from asbestosis imay novortho]cs significantly increase the risk cf death from cancer. Nicholson, w. J., t'.n-c ;*luJ-.t l? A shot; ton - '/*/*.- TLV Approach, Ann. M.Y. Acad. Sci., 271:152 (1976). NTOSIf has stated, "Reduction di asbVKtos'e'xposur'es to levels sufficient to prevent asbestosis is known, at least in some instances, to be innuTficitvii to prevent nshtsstos-cancer." 40 #V.(. Ur.j. 47651, 47654 (October >, .Iione\ \ . , * V KM BB 5440 .1 -12- 21/ dominant. Of the occupationally related deaths, more than '' 22/ four times as many wore from cancer as were from asbestosis.-- | * Lung cancer alone was the cause, of death for 20 percent of these . j ' l * men, gastrointestinal cancer for another. 10 percent. Seven percent died of mesothelioma, an always-fatal, cancerous, malignancy of ! the pleura or peritoneum, "^membranes which enclose the lungs and abdomen. Mesothelioma is associated almost exclusively with I 24/ . .. exposure to asbestos.In a memorandum dated September 29, 1975, * * . ' to the Deputy Assistant Secretary of Labor for Occupational Safety . * '*** m '` - and Health, the Director, of NIOSH wrote: . . . . ". . ''"'Hiittiple and consistent' epidemiological ' ' , studies have shown virtually no doubt . . that asbestos is carcinogenic to nan.25/ . - . 9j. Studies have show that the risk, of cancer for asbestos- workers is much greater than" for the general community. '(The risk of lung cancer for .males who work .with asbestos and ' ' r 26/ also smoke is 92 times the risk for males.who do neither, but the risk of lung cancer for male smokers not exposed to asbestos . 27/ is only 10 times the risk- for male nonsraokers. t In other words., _ * * . , * ,* ` - ' ' ' 'I male smokers who are exposed to- asbestos at the workplace 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. 19l ' \ . -. - 22/ id. ` v-.;; ` 23/ Id. *, 1' '> ` - - t% ***' ' .- ' ' . 24/ Council on Environmental Quality, Sixth Annual Report 13 (1976); Selikoff, I. J., Recent "Perspective's in Occupational Cancer, fimbio 4sl (1975).' ` - . .. ' . 25/ 40 Fed. Reg. 47651 (October 9, 1975). -. ': 26/ Selikoff, I. J., Hammond, E. C., and Churg, J., Asbestos ' Exposurej Smoking, and Heoplasia, J.A.M.A. 204:106 (1963). ' 27/ Hammond, E. C., Tobacco, 'in Persons at High P.isk of Cancer, J. F. Fraumeni (cd.) Adadcmic Press, Now lork, 135 (1975). KM BB 5441 u V -13 smoking habits; the risks of mesothelioma and lower intestinal tract -cancer are high for nonsmoking asbestos workers as well as 28/ ... smokers. 9k. All commercial varieties of asbestos are carcinos'. . ' 29/ to man. Laboratory animal inhalation studies do not show any marked difference in effect among the different types of asbestos In fact, each of the-three' important commercial varieties of asbestos -- chrysotile, amosite and crocidolite -- produced ' ' 31/ either lung-cancer 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, high 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 OretailecPin the lungs, may be as - . harmful as the cumulative effect of ` lower daily doses of exposure over . many years of work. 33/' . *. 28/ Center for the Study of Biological Effects of Environmental Agents, First Annual Report to the national Institute of Environ mental Heatth Sciences, 2 (Dew York 1974). ` 29/ Environmental Cancer, supra n. 19, at 51; Castleman, B. I., et at.. Hazards of Asbestos for Brake Mechanics, Publ. Health Rep. 90:254 (1975); Selikoff, I. J., Hammond, E. C., and Cnurg, 'Q.; Carcinogenicity of Amosite Asbestos, Arch. Environ. Health 25:183 (1972) ("Carcinoganity of Amosite Asbestos"); Meurman, L. O., Kiviluoto, R., and Hakama, M., Mortality and Morbidity Among the Working Population of Anthopkyllite Asbestos Miners in Finland, Brit. J. Industr. Med/ 31:105 (1974). - 30/ Asbestos in Rais, supra n. 18. 31/ Id., at 263-264. . 32/ Selikoff, I. J., Nicholson, W. J., and Langer, A. Air Pollution, Arch. Environ. Health, 25:1 (i972). Arbrol- j33/ National Institute Tor Occupational -Safety and Health, . r,Cr i t .rr it * i* ti /i'.-i-./ :'! .in-ltii'.i ... \\ltr,tUh, V-S (Washington, D. C. 1972) ("NIOSH Criteria"). * KM BB 5442 -14- Studies have shown that asbestos workers, people living in the area of asbestos mines and mills, and 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 consume: using patching compounds. .In addition, experimental animals developed luner cancer and mesthelioma from only seven hours'' : 34/ - ' ; .. . . exposure. __ ' . ' ' . -In some studies the concentration of asbestos exposure - in :/ral - was not available, but in studies in which such data are available, exposures were often .lower than those.measured . during the use of patching compounds. See ff 9f,- supra.. -r- . Studies of Workers , ' 91. In a study of the mortality of workers due to - . amosite asbestos employed between 1941 and 1945 in New Jersey, total deaths observedwere more than twice'the number expected' by'1971 (105 died; 46.4-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 Sets, supra n. 18. ./ 35/ . Carcinogenicity of Amosite Asbestos, supra n. 29, at 183. s .. / uV KM BB 5443 -15- TABLE 1 36/ 37/ . Deaths of lung cancer among workers employed in an anosite asbestos factory starting five years, frerr. onset of work 1941-1945 . to CecGTher 31, 1974. Effect of duration of exposure. Duration of employment No. Death of Dm; Cancer 1946-1974 Expected 38/ Observed ' Ratio < 1 month .62' ' 1.34 - ' '' 3 2.24 1 month 92 ' . 1.44 5 ' 3.47 2 months 3-5 months 79 145 * ' '1.30 2.24 '' ` 8 : 8 * 6.15 3.57 6-11 months 129 1.63 ' 9 ' 5.52 1 year 2 years 105 . .77 1.53 1.06 ` 12 ` 13 . 7.84 12.26 3-4 years . 51 5+ years ' " . 65 . . 0.87 1.04 9 - 10.34 16. * 15.36 Total 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 individuals who do full-time brake repair vork have time-averaged sxposure to asbestos measured at 0.79 f/ral with peaks up to 7 */*? ` . 39/'" then brake parts are cleaned with a compressed air hose, louring- "blow out" of automobile brake drum assemblies, brief peak Values averaging near 10 f/ml have been reported by researchers 36/ Seiikoff, 1.3., data presented at the "Fourth Symposium on Statistics and the Environment," National Academy of Sciences, Washington, D. C., March 3, 1976. 7/ 128 workers v/are omitted from these calculations! 33 had prior estos exposure; 38 died in the first five years after onset of e.loyment. 49 were not completely traced; and eight had other jksbestos employment after the five years from onset point. lo/ Expected deaths are based upon white male age-specific death s * Jrate data of the U.S. National Office of Vital Statistics 1949-1972. Rates were extrapolated for 1946-1948 from rates for 1949-1955 and ^or 1973-1974 front rates for 1968-1972. 9/ Kickish, D. E., and Knight, K. L., Sxpactivc to Asbestos uring Brake Maintenance* Ann. Occup. Hycr- 13:17 (1970). | rrf. iPI f i ? j i X KM BB 5444 -16- 40/ at the Mt. Sinai School of-Medicinc. Background samples Cor ' ~ 4 1/ blowing dust out of drum brakes range from 0.1 to O.B f/j-1. . j Such asbestos concentrations are of the same order of magnitude as those measured for drywall repair activities. The Mb. Sinai . ` researchers examined 90 men who had 10 years or more experience . in shops where brake repairs were done and who. had no history. .' ! of other occupational asbestos exposure. . Sixty-one of 'these men " were general mechanics who did brake .lining more than once a week for 10- years cyr more. Over one-half of the mechanics had char- ' '" . * *. * I acteristics of asbestosis'which are generally thought of as .* - . . 42/ -' indicators for.cancer. Dr. William Lloyd of NIOSH found in " . separate studies at least four cases of mesothelioma reported for 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 . 4/ '. mesothelioma years later. Similar-data was. presented by . . . Stumphius and Meyer from- a series of cases of mesothelioma . in 11 / .... ......................................... Zeeland, Ketherlands, and elsewhere. '5 i ] i ' , . 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/rol- in the workplace, considerably less thanconcen- . trations which would result from the Use of patching compounds. 40/ Lorimer, W. V., ei al., Asbestos Exposure of Brake Repair Workers-in the United States, Mount Sinai J. Med., 43:207, 210 *` (1976). ' :: " . 41/ Id. 42/ Id. KM BB 5445 43/ Lloyd, W. J., Alert on Brake and Clutch Servicing (untitled). / National Institute for Occupational Safety and Health (August 8, *1975). ... '. 44/ Harries, P. G., et at., Radiological Survey ofl-en Exposed to Asbestos in llaval Dockyards, Brit. J. Ind. Mad., 29:274 (1972). 45/ Stumphius, J. and Meyer, P. B., Asbestos bodies and Krso- tkclioir.ii, Ann. Pectin. Hvcr.. 11:203 (1968); 40'Fed. Reg. 47651, 47555 (Occooer v, ia/i). . . 46/ Gillatn, J. D. , .*t el., rtort.ifitii V<t 1.1 .run Aeton.j ihir,! ICold !! inert.: Kzposi'J. to an Ashest ij\>ra Hi nerd-, Paper presented at Conference on occupational Carcinogenesis, Mow York Academy of [.Science:: (March 24 , 1975). i ''' - -17- 9p. Mesothelioma v/as the cause of death of a man who had regularly sanded vinyl asbestos floor tile. Under simulated conditions, a maximum 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. c. Neighborhood Exposure 9q. Cases of mesothelioma in persons not exposed to ' - asbestos at the*workplace or the home were first reported in the ' original epidemiological report in 1960 which discussed the 11/. association between asbestos and mesothelioma. ` Indeed, roughly two-thirds of 33 mesothelioma cases described in that i960 report . were individuals who simply lived or worked in the vicinity.of an. . 49/ . asbestos mining area. - Cases of mesothelioma resulting from neighborhood exposure to asbestos vrere reported in epidemiologic . 50/ 51/ ' [reports from New Jersey and Pennsylvania. Researchers Dalquen and co-workers considered asbestos air pollution a major cause of ; death in their study of 119 cases of pleural mesothelioma in 52/ . [Hamburg, Germany. , ' ! l 9r. In 1963, Thomson and co-workers of South Africa pre dicted that asbestos-associated neoplasms would rival cigarette- ' . 53/ induced lung cancer by the end of this century. He based this [47/ Murphy, R. L., et at., Floor Tile Installation as a Source of Asbestos Exposure, Amer. Rev. Resp. bis., 104:576 (1971). " |[48/ Wagner, J. C., Sleggs, C. A., and Marchand, P., Diffuse \\FCeurat Mesoihelioxa and Asbestos Exposure in the Vorth Western Cape Province, Brit. J. Xndustr. Med., 17:260 (1960). _ 49/ Id. ' 50/ Borow, M., et at., Masoihelioxa and its Association aitk {Asbestos, J.A.M.A., 201:587 (1967). . .51/ Lichen, J., and Pistawka, H., Mesothelioma and asbestos ex~ posurc, Arch. Environ. Health, 14:559 (1967). ' i '52/ Dalquen, P., Dabbort, A. F., and Hinz, I., Epidcmialogie der Wlauvamesotkelioma Vovlcufigsr Bcricht uber 119 Fattc aus dare Hamburger Raum, Prax. Pneumol., 23:547 (1969). . 53/ Thomson, J. G., Kaschula, R. 0. C., and MacDonald, R. R. , \Asbcstos as a l-lodcrn Urban Hazard, S. A C r. Med. T. , 37:77 (1963). KM BB 5446 ./ ,* . -13- . . (claim on the. prevalence of "asbestos boiejes" in the lungs of urban dwellers and the sky-rocketing rate of world asbestos use following World' War IX. Due mainly to historic under-diagnosis (of mesothelioma, and the typically long period between exposure |arid development of'disease, it is impossible yet to know whether (Thomson's extrapolation will prove correct; however, the wide t i; spread presence of asbestos in the lungs of urban dwellers has ' . '. 54/ " ' . been, verified by Danger and co-workers. Doctors at the national .i Naval Medical Renter are now finding increased prevalence of chronic-pleural thickening such as-that found in asbestos workers' 55/ . (among individuals past the age of 50. They postulate that the ii P . roleural thickenings observed are.caused by nonoccupational, environ* ~ 56/ pental asbestos exposure. Zn 1971 the U.S. Environmental Pro-. tection Agency ("ESA") declared asbestos*a "hazardous air pollu- .' . 57/ tant" and published national emission standards in 1973. . ' j ... *. ". 1 : ' 9s. ' Not all environmental exposure to asbestos is in the form of air pollution from mining, milling, manufacturing, and ' '' 4 j fabrication! Nagner, who first showed an association between - ' * . ! asbestos and mesothelioma described a case of a woman born in the ' ' 8/ asbestos fields of the Republic of South Africa., She left there at age '5, moved to Johannesburg, and-died at 57 of pleural meso- . theliomal Detailed questioning revealed that she had attended an infant's school near an asbestos dump. THe--children' used to slide 54/ Danger, A. H., Selikoff, I. J., and Sastre; A.-, Cr.rysotile zfbestos in the Lunas of Persons in ileu York City, Arch. Environ. Health, 22:348 {1971). : . \ 55/ Ochs, C. W., and Smith, J. V., Chronic Pleural Thickenir.'g : Some Observations on Cause and Pathogenesis, Hilit. Med., 141:77 (1976). .. 56/ Id. . 57/ 38 Fed.' Reg. 8820 (April 6, 1973). . 58/ Wagner, J. C-, Eridcaiolony of Diffuse Mr.aoihalial Tuners: Evidence of an Association from Studies in South Africa and the United Kingdom, Ann. M. Y. Acad. Sci., 132:575 (1965) . KM BB 5447 -19- down the dump on their way, home. Two of her playmates at the school 59/ j have subsequently died of mesothelioma. In England, at least ; four Post Office engineers have died of mesothelioma. Their exposure consisted of "infrequent visits to Post Office repeater stations [which' used asbestos for insulation], over 4-5 months . 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 exposureT"' 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 and 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/ ' . jjproducts her father brought home; a 14 year old boy who had 59? la. : . Iso/ Tait, N., Asoesto3 Kills,. The Silbury Fund, London, 3"(1976). - * 61/ Newhouse, M. L., and Thompson, H., Epidcmiolog;/ of KesotkuliaV. Tumovs in the London Arectj Ann. H.Y. Acad. Sci.. 132:533 (1965). ; |;62/ Anderson, IK A., ct at., Conjugal Asbnsioa u'eoplnoT.ic Risk, "Paper presented at Conference on Occupationcil Carcinogenesis, New York Academy of Sciences (March 24, 1975). j 63/ 36 Fed. Reg. 23207 (June 7, 1972) j lg4/ Droder, P. . Expendable. Amnricsns* Vikinq Press, Hew York, !T5 (1974). ' '- kKmM BB 5448 : I i ! -20- . ' 0 3/ helped his father replace plaster board containing asbestos; a man who mix6e6/d and applied asbestos cement insulation to boilers in his home; a man who had sawed and applied asbestos insulation 67/ * to basement heating pipes; a man who spent one day sawing ' 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 i ! I. ; . ! . I .` . . ` ' "1 would suggest', however, that once ' . asbestos gets into th.e home, carried home by,the workmen,- which in itself. .. . ' is a tragedy, lit shouldn't happen, it - is asbestos that is there virtually . permanently -,- it gets- into the rugs, into the carpets, it gets suspended by' movement and actually you are getting , '-24 hour/day exposure, relatively speaking," rather than a partial exposure. But 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 off - cancer, it is the very young that ere ` . always the mo3t susceptible. Ke use the fact that it is the young tha't 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. It is therefore difficult, if not impossible, to prescribe any ' 22/.' safe exposure level for asbestos. - . ' 55/ Lieben and Pistawka, Mesothelioma end Asbestos Exposure. Arch. Environ. Health, 14:559 (1967). .. .. .. -------- 66/Id. . : ' V-.. ' , 67/ Id. . . "' ' 65/ Greenberg, M.-, and Lloyd-Davics, T. A., Mesothelioma Register 19G7-G3, Brit. J.- Industr. Med., 31:91-104 (1974). ' 69/ raul Kotin, Presentation before OSHA Advisory Committee on Construction Safety and Health, January 22, 1976. 70/ IIIOSU Criteria, supi'a n. 33, at V-10 to V-17. . KM BB 5449 + / ./ -21.- The problem of determining a safety threshold or. a "no effect" j level of carcinogenic substance is discussed in the preamble to ! 22/ .! the September 1975 05HA 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, may conceivably exist for any one individual, other individuals in"the working population may have cancer induced by doses so low as to be effectively zero. (Emphasis added). !/ ' 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 be taken to eliminate human - exposure to chemical compounds as soon ' a3 their carcinogenic nature is identified. 73/ i Accordingly, Dr. Rohl and co-workers in recognizing that signifi- ` ." I 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 i example, mixing, sanding, .and clean-up) may expose the user (and ' { other members of the household) to significant concentrations of .. asbestos, recommended that: ` . `. potentially toxic or hazardous materials . be eliminated from consumer speckling, ' taping, and wall-patching compounds as ' soon as feasible. 74/ - . . i |- I j j j j lj71/ 40 Fed. Reg. 47654 (October 9, 1975). 72/ Idat 47S56. 73/ Id. 74/ Rohl, et aZ., supra n. 7, at 553. f: F KM BB 5450 i i i I I .. / -22- .t i V. This Commission Should Issue an Order Declaring Patching Compounds * Containing Asbestos* to be banned . . Hazardous Substances A- Mo Cautionary Label Which Could be Required Pursuant to the Act Would . Adequately Protect the Public______ . 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 with 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 inighfc protect himself, in part by wearing a' respiratar for protection during application and clean-up. * However, the asbestos fibers disperse to adjacent rooms and remain in the air and in the rugs and furniture well after the repair work is completed. Moreover, once the, fibers settle on the floors of home! they may be returned to the air by movement,' resulting in a continuous exposure. Also, ventilation systems may disperse asbestos fibers widely throughout the hone. 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 contain asbestos. As noted in If 9f, suprat two-thirds of the patching compounds sold in retail outlets tested by Dr. Rohl and"* co-workers did not contain asbestos. Moreover, two manufacturers of patching compounds containing asbestos tested by Dr. Rohl notified Dr. Rohl and co-workers that they intended to discontinue KM BB 5451 I , \s -23- . juse of asbestos in their patching compounds, other manufacturers i .. '" 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 3e 3anned Hazardous Substances .' . * . . ` 11. 'Thtf scientific evidence summarized in 3, supra* shows that continued use of patching compounds containing asbestos will subject the public to a severe and increasing risk of lung I cancer and mesothelioma.- It is demonstrated in 10, supra* that ! the only feasible way of protecting the public from this risk, is to ban the sale and require the repurchase of these products. 1 . PRATER _ ` 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. } 5^. flyrr.fdo'T*-} Ruby^. Compton Thomas B. Steel, Jr. natural Resources Defense Council, Inc. 917 - 15th Street, N. W. Washinaton, D. C. 20005 (202)737-5000 [f t. . it!-. L KM BB 5452 ' I! -24- . V*> i. Karim Ahmed, Ph.D. \ Natural Resources Defense Council, Inc. ' 15 West'44th'Street New York, New York ' 10036 {212)869-0150 Barry/I. Castlesnan, K.S.E. 1738 Riggs Place, N. W.' ' . Washington, D. C. . 20009 (202)337-7595, . , i Mu. ... / KM BB 5453 ii