[Federal Register Volume 71, Number 164 (Thursday, August 24, 2006)]
[Notices]
[Pages 50060-50062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14057]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPPT-2006-0398; FRL-8086-6]
Release of Draft Brochure on Current Best Practices to Prevent
Asbestos Exposure Among Brake and Clutch Repair Workers; Notice of
Availability
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of availability.
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SUMMARY: EPA is announcing the release of a draft brochure entitled,
Current Best Practices for Preventing Asbestos Exposure Among Brake and
Clutch Repair Workers. This brochure, when finalized, is intended to
provide information for automotive professionals and home mechanics on
preventing exposure to brake and clutch dust that may contain asbestos
fibers. The draft brochure summarizes work practices that may be used
to avoid asbestos exposure and identifies pertinent Occupational Safety
and Health Administration (OSHA) regulatory requirements for
professional automotive mechanics, which are found at 29 CFR 1910.1001,
specifically paragraph (f)(3) and Appendix F. These same requirements
also are contained in EPA's Worker Protection Rule, found at 40 CFR
part 763, subpart G, which applies to State and local government
employees who perform brake and clutch work in States without OSHA-
approved State plans. The draft brochure also provides related
information for home mechanics to consider. When finalized, this
brochure will update and supercede the existing document entitled,
Guidance for Preventing Asbestos Disease Among Auto Mechanics (EPA-560-
OPTS-86-002), commonly referred to as the ``Gold Book.'' The public is
encouraged to provide comments to EPA regarding this draft brochure,
which can be found at http://www.epa.gov/asbestos.
DATES: Comments must be received on or before October 23, 2006.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2006-0398, by one of the following methods.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail. Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
Hand Delivery: OPPT Document Control Office (DCO), EPA
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention:
Docket ID Number EPA-HQ-OPPT-2006-0398. The DCO is open from 8 a.m. to
4 p.m., Monday through Friday, excluding legal holidays. The telephone
number for the DCO is (202) 564-8930. Such deliveries are only accepted
during the DCO's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0398. EPA's policy is that all comments received will be included
in the public docket without change and may be made available on-line
at http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the
regulations.gov index. Although listed in the index, some information
is not publicly available, e.g., CBI or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
at http://www.regulations.gov, or in hard copy at the OPPT Docket, EPA
Docket Center (EPA/DC), EPA West, Rm. B102, 1301 Constitution Ave.,
NW., Washington, DC. The EPA Docket Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone
[[Page 50061]]
number for the Public Reading Room is (202) 566-1744, and the telephone
number for the OPPT Docket is (202) 566-0280.
FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: [email protected].
For technical information contact: Tom Simons, National Program
Chemicals Division (7404T), Office Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-0517; e-mail
address: [email protected] or Robert Courtnage, National Program
Chemicals Division (7404T), Office Pollution Prevention and Toxics,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (202) 566-1081; e-mail
address: [email protected].
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you conduct
automotive repair work. Individuals covered by this action may include
those in the professional automotive repair industry, State and local
government employees who perform brake and clutch work in States
without OSHA-approved State plans, and people performing do-it-yourself
automotive repair. In addition, those involved in the manufacture and/
or import of automotive brake and clutch products that may contain
asbestos, and those involved in regulatory compliance may be affected
by the notice.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. To determine whether you or your business may be affected by
this action, you should carefully examine the applicability provisions
in 29 CFR 1910.1001, specifically paragraph (f)(3) and Appendix F or 40
CFR part 763, subpart G. If you have any questions regarding the
applicability of this action to a particular entity, consult either
technical person listed under FOR FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed CBI. In addition to one complete
version of the comment that includes information claimed as CBI, a copy
of the comment that does not contain the information claimed as CBI
must be submitted for inclusion in the public docket. Information so
marked will not be disclosed except in accordance with procedures set
forth in 40 CFR part 2.
2. Tips for preparing your comments. When submitting comments,
remember to:
i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
iv. Describe any assumptions and provide any technical information
and/or data that you used.
v. If you estimate potential costs or burdens, explain how you
arrived at the estimate.
vi. Provide specific examples to illustrate your concerns, and
suggested alternatives.
vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
viii. Make sure to submit your comments by the comment period
deadline identified.
II. What Action is the Agency Taking?
EPA is announcing the release of a draft brochure entitled, Current
Best Practices for Preventing Asbestos Exposure Among Brake and Clutch
Repair Workers. This brochure, when finalized, will provide information
for automotive professionals, including State and local government
employees who perform brake and clutch work, and home mechanics on
preventing exposure to brake and clutch dust that may contain asbestos
fibers. The draft brochure summarizes work practices that may be used
to avoid asbestos exposure and identifies pertinent OSHA regulatory
requirements for professional automotive mechanics, which are found at
29 CFR 1910.1001, specifically paragraph (f)(3) and Appendix F. EPA's
Worker Protection Rule, found at 40 CFR part 763, subpart G, contains
identical requirements and applies to State and local government
employees who perform brake and clutch work in States without OSHA-
approved State plans. The draft brochure also provides related
information specifically for the consideration of home mechanics, who
are not subject to the OSHA (or EPA) work practice standards. When
finalized, this brochure will update and replace the existing document
entitled, Guidance for Preventing Asbestos Disease Among Auto Mechanics
(EPA-560-OPTS-86-002), commonly referred to as the ``Gold Book.'' The
public is encouraged to provide comments to EPA regarding this draft
brochure, which can be found at http://www.epa.gov/asbestos.
Asbestos is the common name given to a number of naturally
occurring mineral fibers that have been used in manufactured goods due
to their high tensile strength, resistance to heat, and chemical
stability. Because of these properties, asbestos fibers have been used
in a wide range of manufactured goods, including roofing shingles,
ceiling and floor tiles, paper and cement products, textiles, and
coatings and friction products such as automobile clutch, brake, and
transmission parts. Exposure to asbestos is potentially harmful to
human health if microscopic asbestos fibers, released into the air when
asbestos is disturbed or in poor condition, are inhaled into the lungs.
Asbestos exposure has been associated with a number of serious health
problems and diseases, including asbestosis, lung cancer, and
mesothelioma.
In 2004, EPA contacted nine auto manufacturers that cumulatively
accounted for over 96% of the light vehicles sold in the United States
and asked whether they used asbestos brakes in new vehicles or
replacement parts sold in the United States. All nine companies
responded that they no longer sold asbestos brakes in new vehicles or
as replacement parts in the United States. These responses did not
address aftermarket brakes (replacement parts not supplied by the
vehicle manufacturer). Aftermarket brakes that contain asbestos may, in
some cases, still be available for purchase in the United States.
Accordingly, while the use of asbestos in automotive brake and clutch
products appears to be declining domestically, this remains a source of
[[Page 50062]]
potential asbestos exposure. EPA did not seek information on clutches
because the Congressional inquiry to which the Agency was responding
when seeking this information was limited to brakes. It should be noted
that the aftermarket for clutches is significantly smaller than the
aftermarket for brakes.
This draft brochure contains current information and, when
finalized, will supersede the currently available Guidance for
Preventing Asbestos Disease Among Auto Mechanics (EPA-560-OPTS-86-002).
The purpose of the brochure, once finalized, will be to provide the
public and workers involved in brake and clutch repair work with a
simple, easy-to-understand summary of the OSHA work practice standards,
which are mandatory for certain professional automotive mechanics. Also
discussed in this brochure is EPA's Worker Protection Rule, which
contains identical requirements, and is mandatory for State and local
government employees who perform brake and clutch work in States
without OSHA-approved State plans. EPA believes that home mechanics
also may benefit from information discussed in the brochure regarding
these work practice standards and additional advice on steps they can
consider taking to prevent possible asbestos exposure when working with
asbestos-containing friction products. Neither the draft nor final
brochure is intended to provide comprehensive technical information
regarding work practices, or a comprehensive assessment of the possible
health effects from exposure to asbestos in brakes and clutches.
Additionally, neither the draft nor final brochure is a substitute for
any applicable legal requirements, or a regulation. Thus, they do not
impose legally binding requirements on any party, including EPA,
States, or the regulated community. Interested professional mechanics
engaged in commercial brake and clutch repair are encouraged to contact
OSHA regarding compliance with the mandatory work practice standards
highlighted in this draft brochure (http://www.osha.gov). Similarly,
interested State and local government employees who perform brake and
clutch work in States without OSHA-approved State plans are encouraged
to contact EPA regarding compliance with EPA's Worker Protection Rule.
Finally, home mechanics may contact EPA with any specific questions not
addressed in the brochure by visiting the EPA asbestos website at
http://www.epa.gov/asbestos.
EPA is seeking public comment on all aspects of the new brochure's
design and content. This includes the tone of the brochure and the
extent to which the current wording and design tend to support its
effectiveness as an educational tool. One issue that EPA has considered
is the need to balance technical accuracy with clarity and freedom from
overly technical terminology, while still maintaining consistency with
the OSHA mandatory work practice standards and the identical
requirements contained in EPA's Worker Protection Rule. The extent to
which the current draft is clear and understandable is of primary
concern to the Agency. In designing the layout of the brochure, EPA has
been aware of the need to develop a dynamic and engaging document while
ensuring that the brochure can be easily and inexpensively reprinted.
This approach has led the Agency to incorporate a layout and
illustrations that anchor many of the brochure's key points while
providing visual interest. EPA requests comment on whether the draft
images may be altered in any way to increase their effectiveness.
EPA welcomes all comments and suggestions for improving the draft
brochure and will, where appropriate, incorporate changes to the final
brochure. However, EPA does not plan to develop or publish a formal
document that summarizes and responds to the comments received. EPA
will announce the availability of the final brochure through a future
Federal Register notice and, once finalized, the brochure will be
available on the EPA asbestos website at http://www.epa.gov/asbestos.
List of Subjects
Environmental protection, Asbestos, Automotive brake and clutch
repair, Health.
Dated: August 17, 2006.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic
Substances.
[FR Doc. E6-14057 Filed 8-23-06; 8:45 am]
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