Friday, February 29, 2008

Part IV

Department of Labor Mine Safety and Health Administration

30 CFR Parts 56, 57, and 71 Asbestos Exposure Limit; Final Rule

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DEPARTMENT OF LABOR C. Sections 56/57.5001(b)(3) and 71.702(c): asbestos standard (29 CFR 1910.1001). Measurement of Airborne Fiber Appendix A specifies basic elements of Mine Safety and Health Administration Concentration a phase contrast microscopy (PCM) D. Section 71.701(c) and (d): Sampling; method for analyzing airborne asbestos 30 CFR Parts 56, 57, and 71 General Requirements VI. Regulatory Analyses samples, which includes the same basic RIN 1219–AB24 A. Executive Order (E.O.) 12866 analytical elements as those specified in B. Feasibility MSHA’s existing standards. Asbestos Exposure Limit C. Alternatives Considered Because the risk assessment used as D. Regulatory Flexibility Analysis (RFA) the basis for MSHA’s asbestos PELs AGENCY: Mine Safety and Health and Small Business Regulatory Administration, Labor. relies on PCM-based methodology, Enforcement Fairness Act (SBREFA) MSHA will continue to use PCM as the ACTION: Final rule. E. Other Regulatory Considerations VII. Copy of the OSHA Reference Method primary methodology for analyzing air SUMMARY: The Mine Safety and Health (ORM) samples to determine compliance with Administration (MSHA) is revising its VIII. References Cited in the Preamble the PELs. PCM provides a relatively existing health standards for asbestos quick and cost-effective analysis of exposure at metal and nonmetal mines, I. Summary asbestos samples. In addition, MSHA surface coal mines, and surface areas of The final rule lowers MSHA’s will continue to follow-up with its underground coal mines. This final rule permissible exposure limits (PELs) for policy of using a transmission electron reduces the permissible exposure limits asbestos; incorporates the Occupational microscopy (TEM) analysis when PCM for airborne asbestos fibers and makes Safety and Health Administration results indicate a potential clarifying changes to the existing (OSHA) Reference Method (29 CFR overexposure. standards. Exposure to asbestos has 1910.1001, Appendix A) for MSHA’s MSHA, however, encourages the been associated with lung cancer, analysis of mine air samples for development of analytical methods mesothelioma, and other cancers, as asbestos; and makes several clarifying specifically for asbestos in mine air well as asbestosis and other changes to MSHA’s existing rule. MSHA samples. MSHA will consider using a nonmalignant respiratory diseases. This is issuing this health standard limiting method statistically equivalent to final rule will help improve health miners’ exposure to asbestos under Appendix A, if it meets the OSHA protection for miners who work in an section 101(a)(6)(A) of the Federal Mine Reference Method (ORM) equivalency environment where asbestos is present Safety and Health Act of 1977 (Mine criteria in OSHA’s asbestos standard [29 and lower the risk that miners will Act). MSHA based this final rule on its CFR 1910.1001(d)(6)(iii)] and is suffer material impairment of health or experience, an assessment of the health recognized by a laboratory accreditation functional capacity over their working risks of asbestos, OSHA’s rulemaking organization. For example, ASTM lifetime. history and enforcement experience D7200–06, ‘‘Standard Practice for with its asbestos standard and public DATES: This final rule is effective April Sampling and Counting Airborne Fibers, 29, 2008. comments and testimony on MSHA’s Including Asbestos Fibers, in Mines and asbestos proposed rule. FOR FURTHER INFORMATION CONTACT: Quarries, by Phase Contrast Microscopy To protect the health of miners, this and Transmission Electron Patricia W. Silvey at final rule lowers MSHA’s 8-hour, time- [email protected] (E-mail), 202– Microscopy,’’ contains the same weighted average (TWA), full-shift PEL procedure as NIOSH 7400 to identify 693–9440 (Voice), or 202–693–9441 from 2 fibers per cubic centimeter of air (Fax). fibers. ASTM D7200–06 then has an (f/cc) to 0.1 f/cc. The existing excursion additional procedure to discriminate SUPPLEMENTARY INFORMATION: The limit for metal and nonmetal mines is potential asbestos fibers, which NIOSH outline of this preamble is as follows: 10 fibers per milliliter (f/mL) for 15 7400 does not. NIOSH is supporting an I. Summary minutes and the existing excursion limit ASTM inter-laboratory study to II. Background to the Final Rule for coal mines is 10 f/cc for a total of determine whether this additional A. Scope of Final Rule 1 hour in each 8-hour day. This final procedure can be performed accurately B. Mineralogy and Analytical Methods for rule lowers these existing excursion Asbestos and consistently. This procedure was limits to 1 f/cc for 30 minutes. Together, developed in part as a result of this C. Summary of Asbestos Health Hazards these lower PELs significantly reduce D. Factors Affecting the Occurrence and rulemaking and has not been validated. Severity of Disease the risk of material impairment for E. MSHA Asbestos Standards exposed miners. These final PELs are II. Background to the Final Rule F. OSHA Asbestos Standards the same as proposed and the same as A. Scope of Final Rule III. Asbestos Exposures in Mines OSHA’s asbestos exposure limits. A. Where Asbestos Is Found at Mines Although OSHA stated in the preamble This final rule applies to all metal and B. Sampling Data and Exposure to its 1994 final rule (59 FR 40967) that nonmetal mines, surface coal mines, Calculations there is a remaining significant risk of and surface areas of underground coal C. Summary of MSHA’s Asbestos Air Sampling and Analysis Results material impairment of health or mines. It is substantively unchanged D. Prevention of Asbestos Take-Home functional capacity at the 0.1 f/cc limit, from the proposed rule and contains the Contamination OSHA concluded that this same PELs and analytical method as in IV. Application of OSHA’S Risk Assessment concentration is ‘‘the practical lower OSHA’s asbestos standard. Some to Mining limit of feasibility for measuring commenters supported additional A. Summary of OSHA’s Risk Assessment asbestos levels reliably.’’ MSHA agrees changes to MSHA’s definition of B. Risk Assessment for the Mining Industry with this conclusion. asbestos and its analytical method. C. Characterization of the Risk to Miners To clarify the criteria for the Others recommended that MSHA V. Section-by-Section Analysis of Final Rule A. Sections 56/57.5001(b)(1) and 71.702(a): analytical method that MSHA will use propose additional requirements from Definitions to analyze mine air samples for asbestos the OSHA asbestos standard to prevent B. Sections 56/57.5001(b)(2) and 71.702(b): under this final rule, the rule includes take-home contamination. Such changes Permissible Exposure Limits (PELs) a reference to Appendix A of OSHA’s were not contemplated in the proposed

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rule and, therefore, are beyond the century among workers involved in the and those involving miners. One such scope of this final rule. manufacturing or use of asbestos- review by Tweedale (2002) stated, 6 B. Mineralogy and Analytical Methods containing products. These studies Asbestos has become the leading cause of for Asbestos identified the inhalation of asbestos as occupational related cancer death, and the the cause of asbestosis, a slowly second most fatal manufactured carcinogen Asbestos is a generic term used to progressive disease that produces lung (after tobacco). In the public’s mind, asbestos describe the fibrous habits of specific scarring and loss of lung elasticity. has been a hazard since the 1960s and 1970s. naturally occurring, hydrated silicate Studies also found that asbestos caused However, the knowledge that the material 1 minerals. Several federal agencies have 7 was a mortal health hazard dates back at least lung and several other types of cancer. a century, and its carcinogenic properties regulations that address six asbestos For example, mesotheliomas, rare minerals: chrysotile, crocidolite, have been appreciated for more than 50 cancers of the lining of the chest or years. cummingtonite-grunerite asbestos abdominal cavities, are almost Greenberg (2003) also published a (amosite), actinolite asbestos, exclusively attributable to asbestos anthophyllite asbestos, and tremolite recent review of the biological effects of exposure. Once diagnosed, they are asbestos and provided a historical asbestos. Other agencies address rapidly fatal. The damage following asbestos more generally.2 perspective similar to that of Tweedale. many years of workplace exposure to The terminology used to refer to how The three most commonly described minerals form and how they are named asbestos is generally cumulative and adverse health effects associated with is complex. Much of the existing health irreversible. Most asbestos-related asbestos exposure are lung cancer, risk data for asbestos uses the diseases have long latency periods, mesotheliomas, and pulmonary fibrosis commercial mineral terminology.3 In typically not producing symptoms for (i.e., asbestosis). OSHA, in its 1986 the asbestiform habit, mineral crystals 20 to 30 years following initial asbestos rule, reviewed each of these grow forming long, thread-like fibers. exposure. Studies also indicate adverse diseases and provided details on the The U.S. Bureau of Mines defined health effects in workers who have had studies demonstrating the relationship 8 asbestiform minerals to be ‘‘a certain relatively brief exposures to asbestos. between asbestos exposure and the type of mineral fibrosity in which the Several studies have examined clinical evidence of disease.14 In 2001, fibers and fibrils possess high tensile respiratory health and respiratory the Agency for Toxic Substances and strength and flexibility.’’ 4 When light symptoms of asbestos-exposed Disease Registry (ATSDR) published an pressure is applied to an asbestiform workers.9 Asbestos-induced pleurisy is updated Toxicological Profile for fiber, it bends much like a wire, rather the most common asbestos-related Asbestos that also included an extensive than breaks. In the nonasbestiform condition to occur during the 20-year discussion of these three diseases. A habit, mineral crystals do not grow in period immediately following a search of peer-reviewed scientific long thin fibers; they grow in a more worker’s first exposure to asbestos.10 literature yielded many new articles 15 massive habit. When pressure is Pleural plaques may develop within 10– that continue to demonstrate and applied, the nonasbestiform crystals 20 years after an initial asbestos support findings of asbestos-induced fracture into prismatic particles, which exposure 11 and slowly progress in size lung cancer, mesotheliomas, and are called cleavage fragments because and amount of calcification, asbestosis, consistent with the they result from the particle’s breaking independent of any further exposure. conclusions of OSHA and ATSDR. or cleavage. Cleavage fragments may be Diffuse pleural thickening and pleural Thus, in the scientific community, there formed when nonfibrous minerals are plaques are biologic markers reflecting is compelling evidence of the adverse crushed, as may occur in mining and previous asbestos exposure.12 In health effects of asbestos exposure. milling operations. Distinguishing addition, presence in lung tissue of D. Factors Affecting the Occurrence and between asbestiform fibers and cleavage asbestos fibers with a coating of iron Severity of Disease fragments in certain size ranges can be and protein, called asbestos bodies, is difficult or impossible for some one of the criteria that serve to support The toxicity of asbestos, and the minerals.5 a pathologic diagnosis of asbestosis.13 subsequent occurrence of disease, is related to its concentration in the air C. Summary of Asbestos Health Hazards These nonmalignant respiratory conditions can be used to identify at- and the duration of exposure. Other Studies first identified health risk miners prior to their developing a variables, such as the fiber’s problems associated with occupational more serious asbestos disease. characteristics or the effectiveness of a exposure to asbestos in the early 20th person’s lung clearance mechanisms, Because the hazardous effects from lung fiber burden, residence-time- 1 In addition to MSHA’s and OSHA’s existing exposure to asbestos are well known, weighted cumulative exposures, and worker protection standards, other federal statutory MSHA’s discussion in this section will susceptible populations are also and regulatory requirements that apply only to the focus on the results of studies and six commercial varieties of asbestos include the relevant factors affecting disease Asbestos Hazard Emergency Response Act (AHERA) literature reviews published since the severity.16 [15 U.S.C. 2642(3)] and the Clean Air Act’s National publication of OSHA’s risk assessment, Emission Standards for Hazardous Air Pollutants 1. Fiber Concentration (NESHAP) [40 CFR 61.141]. 6 GETF Report, p. 38, 2003; OSHA (40 FR 47654), Early airborne asbestos dust 2 Asbestos is listed as a hazardous air pollutant 1975. under the Clean Air Act [42 U.S.C. 7412(b)(1)]; as measurements had counted particles 7 Doll, 1955; Reeves et al., 1974; Becker et al., a hazardous substance under the Comprehensive 2001; Browne and Gee, 2000; Sali and Boffetta, Environmental Response, Compensation and 14 Berry and Newhouse, 1983; Dement et al., 2000; IARC, 1987. Liability Act [40 CFR 302.4]; and in EPA’s 1982; Finkelstein, 1983; Henderson and Enterline, 8 Integrated Risk Information System (IRIS), a Sullivan, 2007. 1979; Peto, 1980; Peto et al., 1982; Seidman et al., collection of health assessment information 9 Wang et al., 2001; Delpierre et al., 2002; Eagen 1979; Seidman, 1984; Selikoff et al., 1979; Weill et regarding the toxicity of asbestos, http:// et al., 2002; Selden et al., 2001. al., 1979. www.epa.gov/IRIS/susbst/0371.htm. 10 Rudd, 2002. 15 Baron, 2001; Bolton et al., 2002; Manning et al., 3 Asbestos mineralogy was discussed more fully 11 Bolton et al., 2002; OSHA, 1986. 2002; Nicholson, 2001; Osinubi et al., 2000; Roach in the proposed rule (70 FR 43952–43953). 12 ATSDR, 2001; Manning et al., 2002. et al., 2002. 4 U.S. Bureau of Mines (Campbell et al.), 1977. 13 ATSDR, 2001; Peacock et al., 2000; Craighead 16 ICRP, 1966; EPA, 1986; West, 2000 and 2003; 5 Meeker et al., 2003. et al, 1982. Manning et al., 2002.

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and reported the results as millions of 3. Cumulative Exposure (microns, µm) in length with a length to particles per cubic foot of air (mppcf). When developing dose-response diameter aspect ratio of at least 3:1. 22 Most recent studies express the relationships for asbestos-induced Several recent publications support concentration of asbestos as the number health effects, researchers typically use this aspect ratio, although larger aspect of fibers per cubic centimeter (f/cc). the product of exposure concentration ratios such as 5:1 or 20:1 have been 23 Some studies have also reported (C in f/cc) and exposure duration (T in proposed. There is some evidence that asbestos concentrations in the number years), expressed as fiber-years,18 to longer, thinner asbestos fibers (e.g., of fibers per milliliter (f/mL), which is greater than 20 µm long and less than indicate the level of exposure or dose. µ an equivalent concentration to f/cc. When summed over all periods of 1 m in diameter) are more potent MSHA’s existing PELs for asbestos are exposure, this measure is called carcinogens than shorter fibers. Suzuki expressed in f/mL for metal and cumulative exposure. Because of the and Yuen (2002), however, concluded nonmetal mines and as f/cc for coal difficulties in obtaining good that ‘‘Short, thin asbestos fibers should mines. To improve consistency and quantitative exposure assessments, be included in the list of fiber types avoid confusion, MSHA expresses the cumulative exposure expressed in fiber- contributing to the induction of human concentration of asbestos fibers as f/cc years is often selected as the common malignant mesotheliomas * * * ’’. More in this final rule, for both coal and metal metric for the levels of exposures recently, Dodson et al. (2003) concluded and nonmetal mines. reported in epidemiological studies. that all lengths of asbestos fibers induce In the late 1960s, scientists correlated Finkelstein19 noted that this product pathological responses and that PCM-based fiber counting methods with of exposure concentration times researchers should exercise caution the earlier types of dust measurements, duration of exposure (C × T) assumes an when excluding a population of inhaled which provided a means to estimate equal weighting of each variable (C, T). asbestos fibers based on their length. earlier workers’ asbestos exposures and Finkelstein stated further that exposure Researchers have found neither a enabled researchers to develop a dose- at a low concentration for a long period reliable method for predicting the response relationship with the of time may be numerically equivalent contribution of fiber length to the occurrence of disease. The British to exposure at a high concentration for development of disease, nor evidence Occupational Hygiene Society short periods of time; but, they may not establishing the exact relationship reported 17 that a worker exposed to 100 be biologically equivalent. What this between them. There is suggestive fiber-years per cubic centimeter (e.g., 50 means is that, in some studies, either evidence that the dimensions of years at 2 f/cc, 25 years at 4 f/cc, 10 concentration or duration of exposure asbestos fibers may vary with different years at 10 f/cc) would have a 1 percent may be more important in predicting diseases. A continuum may exist in risk of developing early signs of disease. For example, in the case of which shorter, wider fibers produce one asbestosis. The correlation of exposure mesothelioma risk following asbestos disease, such as asbestosis, and longer, levels with the disease experience of exposure, Finkelstein 20 concluded that thinner fibers produce another, such as 24 populations of exposed workers ‘‘* * * duration of exposure may mesotheliomas. provided a basis for setting an dominate the exposure term * * *’’. Some commenters suggested that occupational exposure limit for asbestos MSHA consider additional fiber 4. Fiber Characteristics measured by the concentration of the characteristics, such as durability, in fibers in air. Baron (2001) reviewed techniques for evaluating risk. Some emphasized that not all fibers with the same dimensions OSHA (51 FR 22617) applied a the measurement of fibers and stated, will lead to the same disease endpoint. conversion factor of 1.4 to convert ‘‘* * * fiber dose, fiber dimension, and The science is inconclusive on the mppcf, which includes all particles of fiber durability are the three primary relationship between the various fiber respirable size, to f/cc, which includes factors in determining fiber toxicity characteristics and the disease only those particles greater than 5 µm in ***’’. Manning et al. (2002) also endpoints.25 length with at least a 3:1 aspect ratio. noted the important roles of bio- More recently, Hodgson and Darnton persistence (i.e., durability), physical E. MSHA Asbestos Standards (2000) recommended the use of a factor properties, and chemical properties in defining the ‘‘toxicity, pathogenicity, The early PELs for asbestos in mining of 3. In reviewing the scientific dropped dramatically as more literature, MSHA did not critically and carcinogenicity’’ of asbestos. Roach et al. (2002) stated that— information on the health effects of evaluate the impact of these and other asbestos exposure became evident 20 to conversion factors. MSHA notes this Physical properties, such as length, 30 years (latency period) following its diameter, length-to-width (aspect ratio), and difference here for completeness. MSHA widespread use during the 1940s. is relying on OSHA’s risk assessment texture, and chemical properties are believed and, thus, is using OSHA’s conversion to be determinants of fiber distribution [in the body] and disease severity. Year 8-hour TWA, Asbestos PEL factor. Many other investigators 21 also have 1967 ...... 5 mppcf (30 f/mL) 2. Duration of Exposure concluded that the dimensions of 1969 ...... 2 mppcf (12 f/mL) The duration of exposure (T) is asbestos fibers are biologically 1974 ...... 5 f/mL for metal and nonmetal important. mines reported in both epidemiological and 1976 ...... 2 f/cc for surface areas of coal toxicological studies, and is generally The NIOSH 7400 analytical method used by MSHA’s contract laboratories mines (41 FR 10223) much shorter in animal studies (e.g., 1978 ...... 2 f/mL for metal and nonmetal months versus years). In specifies that analysts count those fibers mines (43 FR 54064) epidemiological studies involving toxic that are greater than 5 micrometers substances that do not have acute health 18 22 effects, such as asbestos, duration of ATSDR, 2001; Fischer et al., 2002; Liddell, ATSDR, 2001; Osinubi et al., 2000. 2001; Pohlabeln et al., 2002. 23 Wylie et al., 1985. exposure is typically expressed in years. 19 Finkelstein, 1995; ATSDR, p. 42, 2001. 24 ATSDR, pp. 39–41, 2001; ATSDR, 2003; 20 Finkelstein, 1995 Mossman, pp. 47–50, 2003; Kuempel et al., 2006. 17 Lane et al., 1968; OSHA (40 FR 47654), 1975; 21 ATSDR, 2001; ATSDR, 2003; Osinubi et al., 25 Hodgson and Darnton, 2000; Browne, 2001; NIOSH, 1980. 2000; Peacock et al., 2000; Langer et al., 1979. Liddell, 2001; ATSDR, 2001.

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On March 29, 2002 (67 FR 15134), asbestos in sedimentary rock. The U.S. as a contaminant in others. The USGS MSHA published an advance notice of Geological Survey (USGS) has reported estimates that, during 2006, proposed rulemaking to obtain public weathering or abrasion of asbestos- manufacturers in the United States used comment on how best to protect miners bearing rock and soil, or air about 2,340 metric tons (5.2 million from exposure to asbestos. MSHA transportation, to carry asbestos to pounds) of asbestos, primarily in roofing published the proposed rule on July 29, sedimentary deposits.30 MSHA’s products and coatings and compounds. 2005 (70 FR 43950) and held two public experience is that miners may encounter In addition to domestic manufacturing, hearings in October 2005. asbestos during the mining of a number the United States continues to import 31 products that contain asbestos, F. OSHA’s Asbestos Standards of mineral commodities, such as talc, limestone and dolomite, vermiculite, primarily cement products, such as flat Like MSHA’s, OSHA’s 8-hour TWA wollastonite, banded ironstone and cement panels, sheets, and tiles.35 PEL for occupational exposure to taconite, lizardite, and antigorite. Even Although manufacturers have asbestos dropped dramatically over the if asbestos contamination is found in a removed the asbestos from many new past several decades. specific mineral commodity, not all products,36 asbestos may still be found mines of that commodity will encounter at mines. Asbestos-containing building Year 8-hour TWA Asbestos PEL asbestos and those that do may materials (ACBM), such as Transite 1971 ...... 12 f/cc encounter it rarely. (See Table III–1.) board and reinforced cements, could 1971 ...... 5 f/cc Mining activities, such as blasting, present a hazard during maintenance, 1972 ...... 2 f/cc cutting, crushing, grinding, or simply construction, remodeling, rehabilitation, 1983 ...... 0.5 f/cc 26 disturbing the ore or surrounding earth or demolition projects. Asbestos in 1986 ...... 0.2 f/cc 27 may cause asbestos fibers to become manufactured products, such as 1994 ...... 0.1 f/cc airborne.32 Milling may transform bulk electrical insulation, joint and packing ore containing asbestos into respirable compounds, automotive clutch and In addition, on September 14, 1988, fibers. Asbestos tends to deposit on brake linings,37 and fireproof protective OSHA promulgated an asbestos workplace surfaces and accumulate clothing and welding blankets, could excursion limit of 1 f/cc over a sampling during the milling process, which is present a hazard during activities at the period of 30 minutes (53 FR 35610). often in enclosed buildings. The use of mine site that may cause a release of OSHA’s 1986 standards had applied equipment and machinery or other fibers.38 MSHA expects mine operators to occupational exposure to both activities in these locations may re- to determine whether ACM or ACBM asbestiform and nonasbestiform suspend the asbestos-containing dust are present on mine property by reading actinolite, tremolite, and anthophylite. from these surfaces into the air. For this the labels or Material Safety Data Sheets On June 8, 1992, OSHA removed the reason, MSHA generally finds higher (MSDS) required by the OSHA Hazard nonasbestiform types of these minerals asbestos concentrations in mills than Communication Standard (29 CFR from the scope of its asbestos standards among mobile equipment operators or 1910.1200). The presence of asbestos at (57 FR 24310). in ambient environments, such as pits. a mine indicates that there is a potential III. Asbestos Exposures in Mines Some mine operators are making an for exposure. effort to avoid deposits that are likely to A. Where Asbestos Is Found at Mines B. Sampling Data and Exposure contain asbestos minerals. They use Calculations Asbestos exposure of miners can knowledge of the geology of the area, come from either naturally occurring core or bulk sample analysis, and To evaluate asbestos exposures in asbestos in the ore or host rock or from workplace examinations (of the pit) to mines, MSHA collects personal asbestos contained in manufactured avoid encountering asbestos deposits, exposure samples. MSHA samples a products. thus preventing asbestos contamination miner’s entire work shift using a personal air-sampling pump and a filter- 1. Metal and Nonmetal Mines of their process stream and final product.33 cassette assembly. This assembly is The National Institute for composed of a 50-mm static-reducing, Occupational Safety and Health 2. Coal Mines electrically conductive, extension cowl (NIOSH) and other research MSHA is aware of only one coal and a 0.8 µm pore size, 25-mm diameter, organizations and scientists have noted formation in the United States that mixed cellulose ester (MCE) filter. the occurrence of cancers and asbestosis contains naturally occurring asbestos; Following standard sampling among miners involved in the mining however, there is no coal mining in this procedures, MSHA also submits blank and milling of commodities that contain formation.34 The more likely exposure filters for analysis. asbestos.28 (See Table IV–3.) Although to asbestos in coal mining occurs at MSHA collects a sample over the asbestos is no longer mined as a surface operations from introduced entire time the miner works; 10- to 12- commodity in the United States, veins, asbestos-containing materials (ACM). hour shifts are common. The time- pockets, or intrusions of asbestos- weighted average (TWA) PELs in containing minerals have been found in 3. Asbestos-Containing Materials (ACM) MSHA’s standards, however, are based other ores in specific geographic Asbestos is a component in some on an 8-hour workday. Regardless of the regions, primarily in metamorphic or commercial products and may be found actual shift length, MSHA calculates a igneous rock.29 It is possible to find full-shift concentration as if the fibers 30 USGS, 1995. had been collected over an 8-hour shift. 26 U.S. Court of Appeals for the 5th Circuit 31 Roggli et al., 2002; Selden et al., 2001; For work schedules less than or greater invalidated this rule on March 7, 1984, in Asbestos Amandus et al., Part I, 1987; Amandus et al., Part than 8 hours, this technique allows Information Association/North America v. OSHA III, 1987; Amandus and Wheeler, Part II, 1987; (727 F.2d 415, 1984). Meeker et al., 2003. MSHA to compare a miner’s exposure 27 OSHA added specific provisions in the 32 MSHA (Bank), 1980; Amandus et al., Part I, construction standard to cover unique hazards 1987. 35 USGS (Virta), 2007. relating to asbestos abatement and demolition jobs. 33 GETF Report, pp. 17–18, 2003; Nolan et al., 36 GETF Report, pp. 12 and 15, 2003. 28 NIOSH WoRLD, 2003. 1999. 37 Lemen, 2003; Paustenbach et al., 2003. 29 MSHA (Bank), 1980; Ross, 1978. 34 Brownfield et al., 1995. 38 EPA, 1986; EPA, 1993; EPA, October 2003.

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directly to the 8-hour TWA PEL. MSHA not included in existing approved MSHA conducted asbestos sampling calls this calculated equivalent, 8-hour methods. Exposures determined using at 207 mines (206 non-asbestos metal TWA a ‘‘shift-weighted average’’ (SWA). these devices have not been correlated and nonmetal mines and one coal mine) MSHA’s existing sampling procedures with the risk assessment that forms the during the period January 1, 2000 specify using several, typically three, basis of the PELs in the final rule. through May 31, 2007. Some were filter-cassette assemblies in a Some commenters supported MSHA’s sampled multiple times over the seven consecutive series to collect a full-shift existing asbestos monitoring protocols and one quarter years. MSHA found 29 sample. For results from both PCM and with emphasis on full-shift monitoring mines with at least one miner exposed TEM analyses, MSHA calculates the for comparison to the PEL. Other to an equivalent 8-hour TWA (SWA) SWA exposure levels for each miner commenters stated that MSHA’s existing fiber concentration exceeding 0.1 f/cc. sampled from the individual filters field sampling and analysis methods are Out of a total of 917 SWA personal full- according to the following formulas. adequate for most mines and quarries, shift fiber exposure sample results, 113 SWA = (TWA t + TWA t + * * * + 1 1 2 2 particularly when no significant amount (12 percent) exceeded 0.1 f/cc using the TWA t )/480 minutes n n of asbestos is found. existing PCM-based analytical screening Where: Some commenters stated that MSHA method. TWAn is the time-weighted average should improve its inspection reports by Further analysis of the 113 samples concentration for filter ‘‘n’’ calculated by dividing the number of fibers (f) including inspection field notes; with TEM confirmed asbestos fiber collected on the filter by the volume of sampling location, purpose, and exposures exceeding 0.1 f/cc in 23 of air (cc) drawn through the filter. procedure; as well as descriptions of the them. Using the existing TEM-based tn is the duration sampled in minutes for accuracy, meaning, and limitations of analytical method, 3 percent of the total filter ‘‘n’’. the analytical results. MSHA routinely number of SWA samples taken Some commenters criticized MSHA’s provides the sampling and analytical exceeded 0.1 asbestos f/cc. Five mines sampling and analytical procedures. A results and, when requested, will (two taconite, one wollastonite, one few commenters believed that MSHA provide the additional information. sand and gravel, and one olivine), out of should develop specific test procedures C. Summary of MSHA’s Asbestos Air the 29 mines potentially impacted by for the sampling and analysis of bulk Sampling and Analysis Results lowering the PEL, had at least one miner samples for the mining environment, as with an SWA asbestos fiber exposure well as specific air sampling To assess personal exposures and exceeding 0.1 f/cc. Although MSHA has procedures. Some commenters present the Agency’s sampling data for no evidence of asbestos exposure above suggested that respirable dust sampling January 1, 2000 through May 31, 2007, the new PEL in coal mines, the Agency using a cyclone might be a means to MSHA calculated an SWA exposure for anticipates that some coal mines will remove interfering dust from the each miner from the TWA results of encounter asbestos from asbestos sample. NIOSH recommended that individual filters. MSHA has compiled containing materials (ACM) brought thoracic samplers be evaluated in a these data into a PowerPoint slide, and onto mine property. These operators mining environment. Cyclones and has posted it, together with additional may have to take corrective action. thoracic samplers are not included in explanatory information, on MSHA’s Table III–1 below summarizes MSHA’s MSHA’s existing sampling and Asbestos Single Source Page at http:// asbestos sampling results for the period analytical protocols for asbestos and are www.msha.gov/asbestos/asbestos.htm. January 2000 through May 2007.

TABLE III–1.—PERSONAL EXPOSURE SAMPLES AT MINES 1 BY COMMODITY [1/2000–5/2007]

Number of Number (%) of Number of Number (%) of Number (%) Commodity mines mines with SWA SWA SWA samples of SWA sam- sampled samples >0.1 samples >0.1 f/cc by ples >0.1 f/cc f/cc by PCM PCM 2 by TEM

Rock & quarry products 3 ...... 127 11 (9%) 326 20 (6%) 2 (1% ) Vermiculite ...... 4 3 (75%) 149 13 (9%) 0 Wollastonite ...... 1 1 (100% ) 18 18 (100%) 9 (50%) Iron (taconite) ...... 15 5 (33%) 254 43 (17%) 11 (4% ) Talc ...... 12 1 (8% ) 38 2 (5% ) 0 Alumina 4 ...... 1 0 1 0 0 Feldspar ...... 7 0 5 6 0 0 Boron ...... 2 1 (50%) 12 7 (58% ) 0 Olivine ...... 2 2 (100% ) 9 3 (33%) 1 (11%) Other 6 ...... 36 7 5 (14% ) 104 7 (6% ) 0

TOTAL ...... 207 8 29 (14% ) 917 113 (12%) 23 (3%) 1 Excludes data from an asbestos mine and mill closed in 2003. 2 MSHA uses TEM to identify asbestos on samples with results exceeding 0.1 f/cc. 3 Including stone, and sand and gravel mines. 4 15-minute sample. 5 Incomplete SWA at one mine. 6 Coal, potash, gypsum, cement, perlite, clay, lime, mica, metal ore NOS, shale, pumice, trona, salt, gold, and copper. 7 Coal, potash, gypsum, cement, and perlite. (Coal and potash exposures were due to fiber release episodes from commercially introduced as- bestos). 8 TEM confirmed airborne asbestos exposures exceeding 0.1 f/cc at five (2%) mines.

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The USGS has published a series of contamination, without promulgating its 1995 Report to Congress on their maps showing historic asbestos new regulatory provisions, on the Workers’ Home Contamination Study prospects and natural asbestos following factors: Conducted under the Workers’ Family occurrences in the United States. The • There are no asbestos mines or Protection Act. Other commenters, USGS published a map covering the mills currently operating in this country however, supported MSHA’s decision eastern states in 2005; the central states and different ore bodies of the same and stated that take-home in 2006; and the Rocky Mountain states commodity, such as vermiculite mining, contamination requirements could not in 2007. These maps served as a guide are not consistent in the presence, be justified at this time. for the investigation of possible amount, or dispersion of asbestiform naturally occurring asbestos within the minerals. Based on MSHA’s recent IV. Application of OSHA’s Risk vicinity of mining operations. MSHA enforcement sampling, asbestos Assessment to Mining exposures in mining are low. (See Table found that stone mines and quarries are MSHA has determined that OSHA’s the predominate types of mining III–1.) • The measures taken to prevent take- 1986 asbestos risk assessment (51 FR operations in the vicinity of naturally 22644) is applicable to asbestos occurring asbestos locations identified home contamination are varied. Operators may choose the most effective exposures in mining. In developing this on the maps. MSHA conducted fiber final rule, MSHA also evaluated studies sampling at these mines to screen for method for eliminating this hazard based on the unique conditions in the published since OSHA completed its potential asbestos exposures. The 1986 risk assessment, and studies that results of the sampling indicated a small mine, including the nature of the hazard. For example, in one situation specifically focused on asbestos degree of asbestos at some of these exposures of miners. These additional mining operations, but no widespread providing disposable coveralls could minimize or prevent asbestos take-home studies corroborate OSHA’s conclusions asbestos contamination. Although not in its risk assessment. included on the USGS maps, MSHA contamination. Another situation may also surveyed two mines in El Dorado require on-site shower facilities coupled A. Summary of OSHA’s Risk County, California. Sampling at one of with clothing changes to provide the Assessment the mines resulted in two personal same protection. • Existing standards (e.g., personal asbestos exposures greater than 0.1 f/cc, 1. Cancer Mortality protection §§ 56/57.15006; sanitation confirmed by TEM analysis, and 2 to 5 §§ 56/57.20008, 56/57.20014, 71.400, In its 1986 risk assessment, OSHA percent naturally occurring asbestos in 71.402; housekeeping §§ 56/57.16003, estimated cancer mortality for workers an associated bulk sample. Air sampling 56/57.20003, 77.208; appropriate exposed to asbestos at various at the other mine had low PCM fiber actions §§ 56/57.18002, 56/57.20011, cumulative exposures (i.e., combining results. 77.1713; hazard communication 30 CFR exposure concentration and duration of D. Asbestos Take-Home Contamination 46, 47, and 48), together with lower exposure). MSHA has reproduced this PELs, provide sufficient enforcement data in Table IV–1. Table IV–1 shows The final rule, like the proposal, does authority to ensure that mine operators that the estimated mortality from not address take-home contamination. take adequate measures when necessary asbestos-related cancer decreases In making this decision, MSHA to prevent asbestos take-home significantly by lowering exposure. This considered its enforcement experience; contamination. is true regardless of the type of cancer, comments and testimony on the Commenters urged MSHA to expand e.g., lung, pleural or peritoneal proposal; as well as OSHA, NIOSH, and the rulemaking to include specific mesotheliomas, or gastrointestinal. EPA publications and experience.39 requirements to prevent take-home Although excess relative risk is linear in MSHA based its determination to contamination. NIOSH also encouraged dose, the excess mortality rates in Table address asbestos take-home MSHA to adopt measures included in IV–1 are not.40

TABLE IV–1.—ESTIMATED ASBESTOS-RELATED CANCER MORTALITY PER 100,000 BY NUMBER OF YEARS EXPOSED AND EXPOSURE LEVEL

Cancer mortality per 100,000 exposed Asbestos fiber concentration (f/cc) Gastro- Lung Mesothelioma intestinal Total

1-year exposure

0.1 ...... 7.2 6.9 0.7 14.8 0.2 ...... 14.4 13.8 1.4 29.6 0.5 ...... 36.1 34.6 3.6 74.3 2.0 ...... 144 138 14.4 296.4 4.0 ...... 288 275 28.8 591.8 5.0 ...... 360 344 36.0 740.0 10.0 ...... 715 684 71.5 1,470.5

20-year exposure

0.1 ...... 139 73 13.9 225.9 0.2 ...... 278 146 27.8 451.8 0.5 ...... 692 362 69.2 1,123.2 2.0 ...... 2,713 1,408 271.3 4,392.3 4.0 ...... 5,278 2,706 527.8 8,511.8

39 NIOSH (Report to Congress) September 1995. 40 Nicholson, p. 53, 1983.

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TABLE IV–1.—ESTIMATED ASBESTOS-RELATED CANCER MORTALITY PER 100,000 BY NUMBER OF YEARS EXPOSED AND EXPOSURE LEVEL—Continued

Cancer mortality per 100,000 exposed Asbestos fiber concentration (f/cc) Gastro- Lung Mesothelioma intestinal Total

5.0 ...... 6,509 3,317 650.9 10,476.9 10.0 ...... 12,177 6,024 1,217.7 13,996.7

45-year exposure

0.1 ...... 231 82 23.1 336.1 0.2 ...... 460 164 46.0 670.0 0.5 ...... 1,143 407 114.3 1,664.3 2.0 ...... 4,416 1,554 441.6 6,411.6 4.0 ...... 8,441 2,924 844.1 12,209.1 5.0 ...... 10,318 3,547 1,031.8 14,896.8 10.0 ...... 18,515 6,141 1,851.5 26,507.5

Table IV–1 shows that, by lowering Berry and Lewinsohn (1979) studied a determined by Berry and Lewinsohn the PEL from 2 f/cc to 0.1 f/cc, the risk group of 379 men who worked in an (1979). Based on Finkelstein’s (1982) of cancer mortality drops 95 percent asbestos textile factory in northern linear relationship for lifetime from an estimated 6,411 to 336 deaths England. Berry and Lewinsohn (1979) asbestosis incidence, OSHA calculated (per 100,000 workers). defined two different cohorts: Men who estimates of lifetime asbestosis were first employed before 1951, when incidence at five exposure levels of 2. Asbestosis asbestos fiber levels were estimated; and asbestos (i.e., 0.5, 1, 2, 5, and 10 f/cc) men first employed after 1950, when Finkelstein (1982) studied a group of and published its estimate in tabular asbestos fiber levels were measured. 201 men who worked in a factory in form (48 FR 51132). MSHA has They plotted cases of possible asbestosis reproduced OSHA’s estimates in Table Ontario, Canada, that manufactured to determine a dose response curve. IV–2 below. OSHA stated (51 FR 22646) asbestos-cement pipe and rock-wool OSHA stated that ‘‘* * * the best insulation. Finkelstein demonstrated estimates of asbestosis incidence are that ‘‘Reducing the exposure to 0.2 f/cc, that there was a relationship between derived from the Finkelstein data a concentration not included in Table cumulative asbestos exposure and ***’’ (48 FR 51132). OSHA did not IV–2, would result in a lifetime confirmed asbestosis. rely on the values for the slope as incidence of asbestosis of 0.5%.’’

TABLE IV–2.—ESTIMATES OF LIFETIME ASBESTOSIS INCIDENCE 41

Percent (%) Incidence Exposure level, f/cc Berry and Lewinsohn Finkelstein Berry and Lewinsohn (first employed after (employed before 1951) 1950)

0.5 ...... 1.24 0.45 0 .35 1 ...... 2.49 0 .89 0.69 2 ...... 4.97 1 .79 1.38 5 ...... 12 .43 4.46 * 3 .45 10 ...... 24 .86 8 .93 6.93 Slope ...... 0 .055 0 .020 0.015 R 2 ...... 0 .975 0 .901 0.994 * Note: 1.38 in original table was a typographical error. The text (48 FR 51132) and the regression formula indicate that 3.45 is the correct percent.

Similar to the cancer risk, Table IV– TWA PEL from 2 f/cc to 0.1 f/cc, MSHA mining studies in its risk assessment 2 shows a significant reduction in the will reduce the lifetime asbestosis risk because it believed that risks in the incidence of asbestosis by lowering by 95 percent from an estimated 4,970 asbestos mining-milling operations are asbestos exposures. MSHA calculated cases to 250 cases (per 100,000 lower than other industrial operations the incidence of asbestosis following 45 workers). due to differences in fiber size (51 FR years of exposure to asbestos at a 22637). MSHA reviewed the studies B. Risk Assessment for the Mining concentration of 0.1 f/cc, which OSHA OSHA used to develop its risk Industry had not included in Table IV–1, to be assessment.42 In addition, MSHA 0.25 percent or 250 cases per 100,000 OSHA stated in the preamble to its obtained and reviewed the latest workers. Thus, by lowering the 8-hour 1986 asbestos rule that it excluded available scientific studies on the health

41 Finkelstein, 1982; Berry and Lewinsohn, 1979. 42 Berry and Newhouse, 1983; Dement et al., 1979; Seidman, 1984; Selikoff et al., 1979; Weill et 1982; Finkelstein, 1983; Henderson and Enterline, al., 1979. 1979; Peto, 1980; Peto et al., 1982; Seidman et al.,

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effects of asbestos exposure. MSHA MSHA reviewed the mining studies Italy, South Africa, and the United recognizes that there are uncertainties in described in OSHA’s asbestos risk States. Table IV–3 lists some of these any risk assessment. MSHA concluded, assessment, as well as other studies that mining studies, in chronological order, however, that these studies provide involved the exposure of miners to and gives the salient features of each further support of the significant risk of asbestos. Most of these studies were study. These studies are in MSHA’s adverse health effects following conducted in Canada, although some rulemaking docket. exposure to asbestos. have been conducted in Australia, India,

TABLE IV.–3—SELECTED STUDIES INVOLVING MINERS EXPOSED TO ASBESTOS

Author(s), year of publication Study group, type of asbestos Major finding(s) or conclusion(s)

Rossiter et al., 1972 ...... Canadian miners and millers, Chrysotile ...... Radiographic changes (opacities) related to age and expo- sure. Becklake, 1979 ...... Canadian miners and millers, Chrysotile ...... Weak relationship between exposure and disease. Gibbs and du Toit, 1979 ...... Canadian and South African miners, Need for workplace epidemiologic surveillance and environ- Chrysotile. mental programs. Irwig et al., 1979 ...... South African miners, Amosite and Crocidolite Parenchymal radiographic abnormalities preventable by re- duced exposure. McDonald and Liddell, 1979 ..... Canadian miners and millers, Chrysotile ...... Lower risk of mesotheliomas and lung cancer from chrysotile than crocidolite. Nicholson et al., 1979 ...... Canadian miners and millers, Chrysotile ...... Miners and millers: at lower risk of mesotheliomas, at risk of asbestosis (as factory workers and insulators), at risk of lung cancer (as factory workers). Rubino et al., Ann NY Ac Sci Italian miners, Chrysotile ...... Role of individual susceptibility in appearance and progres- 1979. sion of asbestosis. Rubino et al., Br J Ind Med Italian miners, Chrysotile ...... Elevated risk of lung cancer. 1979. Solomon et al., 1979 ...... South African miners, Amosite and Crocidolite Sign of exposure to asbestos: thickened interlobar fissures. McDonald et al., 1980 ...... Canadian miners and millers, Chrysotile ...... No statistically significant increases in SMRs. McDonald et al., 1986 ...... U.S. miners, Tremolite...... A. Increased risk of mortality from respiratory cancer. McDonald et al., 1986 ...... U.S. miners, Tremolite ...... B. Increased prevalence of small opacities by retirement age. Cookson et al., 1986 ...... Australian miners and millers, Crocidolite ...... No threshold dose for development of radiographic abnor- mality. Amandus et al., 1987 ...... U.S. miners and millers, Tremolite-Actinolite ... Part I: Exposures below 1 f/cc after 1977, up to 100–200 × higher in 1960’s and 1970’s. Amandus and Wheeler, 1987 ... U.S. miners and millers, Tremolite-Actinolite ... Part II: Increased mortality from nonmalignant respiratory dis- ease and lung cancer. Amandus et al., 1987 ...... U.S. miners and millers, Tremolite-Actinolite ... Part III: Increased prevalence of radiographic abnormalities associated with past exposure. Armstrong et al., 1988 ...... Australian miners and millers, Crocidolite ...... Increased mortality from mesotheliomas and lung cancer. Enarson et al., 1988 ...... Canadian miners, Chrysotile ...... Increased cough, breathlessness, abnormal lung volume and capacity. McDonald et al., 1988 ...... U.S. miners and millers, Tremolite ...... Low exposure and no statistically significant SMRs. McDonald et al., 1993 ...... Canadian miners and millers, Chrysotile ...... Increased SMRs for lung cancer and mesotheliomas as co- hort aged. Dave et al., 1996 ...... Indian miners and millers, Chrysotile ...... Higher exposures in surface than underground mines; higher exposures in mills than mines; restrictive lung impairment and radiologic parenchymal changes more common in mil- lers. McDonald et al., 1997 ...... Canadian miners and millers, Chrysotile ...... Risk of mesotheliomas related to geography and mineralogy of region; mesotheliomas caused by amphiboles. Nayebzadeh et al., 2001 ...... Canadian miners and millers, Chrysotile ...... Respiratory disease related to regional differences in fiber concentration and not dimension. Ramanathan and Subramanian, Indian miners and millers, Chrysotile and Increased risk of cancer, restrictive lung disease, radiologic 2001. tremolite. changes, and breathing difficulties; more common in mill- ing. Bagatin et al., 2005 ...... Brazilian miners and millers, Chrysotile ...... Decreased risk of non-malignant abnormalities with improve- ments in workplace conditions. Nayebzadeh et al., 2006...... Canadian miners and millers, Chrysotile, Possible use of lung fiber concentration, especially short Tremolite, Amosite. tremolite fibers, to predict fibrosis grade. Sullivan, 2007...... U.S. miners, millers, and processors, Increased mortality from asbestosis, cancer of the pleura, and Tremolite. lung cancer that were dose-related.

MSHA found that many of the MSHA concludes that exposure to Some commenters stated that there is observations presented in these mining asbestos, a known human carcinogen, a differential health risk related to fiber studies (e.g., age of first exposure, results in similar disease endpoints type and that OSHA’s risk assessment is latency, radiologic changes) are regardless of the occupation that has not adequate or appropriate for the consistent with those from the studies been studied. Because there is evidence mining industry. The OSHA risk OSHA relied on in its risk assessment, of asbestos-related disease among assessment addresses adverse health as well as studies of other asbestos- miners, MSHA is applying the OSHA effects from exposure to six asbestos exposed factory and insulation workers. risk assessment to the mining industry. minerals. MSHA applies TEM analysis

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to its PCM results to determine exposure exposure levels currently existing in hour TWA PEL to 0.1 f/cc, MSHA will to these same six asbestos minerals. mines warrant regulatory action. The reduce the risk of asbestos-related Exposure of miners to these asbestos criteria for this evaluation are cancers from 6.4 percent to 0.34 percent minerals, at the same concentrations established by the Federal Mine Safety and the risk of asbestosis from 5.0 and length of exposures as workers in and Health Act of 1977 (Mine Act) and percent to 0.25 percent. MSHA other industries, can be expected to related court decisions.45 considers this reduction to be result in the same disease endpoints as Section 101(a) of the Mine Act substantial. quantified in OSHA’s risk assessment. requires MSHA ‘‘ * * * to develop, V. Section-by-Section Analysis of Final (See section II.C and II.D of this promulgate, and revise * * * improved Rule preamble and chapter III of the REA.) mandatory health or safety standards for Some commenters also expressed the protection of life and prevention of The final rule is substantively the concern regarding the health risks of injuries in coal or other mines.’’ Further, same as the proposed rule. To make the fibrous minerals that are not currently section 101(a)(6)(A) provides that— standard easier to read, however, MSHA regulated under MSHA’s existing The Secretary, in promulgating mandatory has divided the requirements in the standards and suggested that MSHA standards dealing with toxic materials or final standards into three paragraphs: conduct a new risk assessment to harmful physical agents under this Definitions, Permissible Exposure Limits include them. MSHA considered these subsection, shall set standards which most (PELs), and Measurement of Airborne comments and determined that a new adequately assure on the basis of the best Fiber Concentration. For §§ 56/ risk assessment is not necessary for this available evidence that no miner will suffer 57.5001(b), the metal and nonmetal material impairment of health or functional final rule, since fibrous minerals that are capacity even if such miner has regular asbestos standards, MSHA designated not currently regulated under MSHA’s exposure to the hazards dealt with by such the paragraphs (b)(1), (b)(2), and (b)(3). existing standards are beyond the scope standard for the period of his working life. For § 71.702, the coal asbestos standard, MSHA designated the paragraphs (a), of this rulemaking. Section 101(a)(6)(A) also requires that Some commenters stressed the lack of (b), and (c). MSHA base its health and safety asbestos-related disease among miners standards on ‘‘* * * the latest available A. §§ 56/57.5001(b)(1) and 71.702(a): in studies conducted at gold, taconite, scientific data in the field, the feasibility Definitions and talc operations where there was of the standards, and experience gained asbestos contamination in the ore. In The final rule, like the proposal, under this and other health and safety makes no substantive changes to the developing this final rule, MSHA laws.’’ As discussed in section VI.B, a definition of asbestos in MSHA’s considered a number of environmental 0.1 f/cc TWA PEL for asbestos is existing standards. MSHA’s existing and epidemiological studies conducted technologically and economically definition of asbestos is consistent with at mining operations. These studies feasible. the regulatory provisions of several demonstrated adverse health effects Based on court interpretations of Federal agencies including EPA, OSHA, among miners consistent with exposure similar language under the and CPSC, among others. Asbestos is to asbestos in other workers. Occupational Safety and Health Act, not a definitive mineral, but rather a Researchers have found excessive MSHA has addressed the following generic name for a group of minerals incidence of asbestos-related disease in three questions: miners at a vermiculite mining (1) Do the health effects associated with specific characteristics. MSHA’s operation.43 Studies of talc miners have with asbestos exposure constitute a existing standards state that, ‘‘when shown excess lung cancer and non- ‘‘material impairment’’ to miner health crushed or processed, [asbestos] malignant respiratory disease.44 or functional capacity? Miners exposed separates into flexible fibers made up of Researchers are now studying excessive to asbestos are at risk of developing lung fibrils’’ [§§ 56/57.5001(b)]; and ‘‘does mesotheliomas among iron miners in cancer, mesotheliomas, and other not include nonfibrous or northeastern Minnesota to determine cancers, as well as asbestosis and other nonasbestiform minerals’’ (§ 71.702). the source of the asbestos exposure. nonmalignant respiratory diseases.46 Although there are many asbestiform 47 Section VI of this preamble contains These health effects constitute a minerals, the term asbestos in MSHA’s a summary of MSHA’s findings from ‘‘material impairment of health or existing standards and this final rule is applying OSHA’s quantitative limited to the following six: 48 functional capacity.’’ • assessment of risk to the mining (2) Are exposed miners at significant Chrysotile (serpentine asbestos, industry. MSHA’s Regulatory Economic white asbestos). risk of incurring any of these material • Analysis (REA) contains a more in- impairments? Based on OSHA’s risk Cummingtonite-grunerite asbestos depth discussion of the Agency’s (amosite, brown asbestos). assessment, MSHA has determined that • methodology and conclusions. MSHA a significant health risk exists for miners Crocidolite (riebeckite asbestos, placed the REA in the rulemaking blue asbestos). exposed to asbestos at MSHA’s existing • docket and posted it on the Asbestos 8-hour TWA PEL of 2 f/cc. Over a 45- Anthophylite asbestos (asbestiform Single Source Page at http:// anthophyllite). year working life, exposure at this level • www.msha.gov/asbestos/asbestos.htm. can be expected to result in a 6.4 Tremolite asbestos (asbestiform MSHA also placed OSHA’s risk percent incidence of cancer (lung tremolite). • Actinolite asbestos (asbestiform assessment in its rulemaking docket. cancer, mesotheliomas, and actinolite). gastrointestinal cancer) and a 5.0 C. Characterization of the Risk to Miners Like the proposal, the final rule makes percent incidence of asbestosis. After reviewing the evidence of (3) Will this final rule substantially several clarifying changes to the existing adverse health effects associated with reduce such risks? By lowering the 8- regulatory language. They have no exposure to asbestos, MSHA evaluated impact on the minerals that MSHA that evidence to ascertain whether 45 Industrial Union Department, AFL–CIO v. regulates as asbestos. This more precise American Petroleum Institute, 448 U.S. 607, 100 43 Sullivan, 2007. S.Ct. 2844 (1980) (‘‘Benzene case’’) 47 Leake et al., 1997; Meeker et al., 2003. 44 NIOSH (HETA/MHETA), 1990; NIOSH 46 American Thoracic Society, 2004; Delpierre et 48 ATSDR, p.136, 2001; NIOSH Pocket Guide, (Technical Report), 1980. al., 2002. 2003.

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language will facilitate mine operators’ Asbestos occurs naturally in many 8-hour TWA airborne asbestos understanding of the scope of the types of ore bodies and may be released concentration would be 0.06 f/cc, which standard. This final asbestos rule— from mine sites into the environment; is less than the 0.1 f/cc 8-hour TWA • Clarifies that cummingtonite- but, MSHA’s sampling results indicate PEL. For miners exposed to two 30- grunerite asbestos is the mineralogical that there is not widespread minute excursions per day at 1 f/cc, the term for amosite, a trade name for overexposure to asbestos in the mining 8-hour TWA airborne asbestos asbestos from a specific geographical industry at this time. MSHA’s sampling concentration would be 0.13 f/cc, which region; data for 2000 through May 2007 show exceeds the 0.1 f/cc 8-hour TWA PEL. • Clarifies that MSHA’s definition of that 3 percent of MSHA’s full-shift One commenter urged MSHA to fiber for analytical purposes includes asbestos samples exceed OSHA’s TWA retain 15 minutes, rather than switch to the same dimensional criteria as in the PEL of 0.1 f/cc using a TEM-based 30 minutes, as the sampling period for existing standards, which are consistent analysis. enforcement of the excursion limit. As with OSHA’s asbestos standard; and Commenters expressed concern about • shown in Table V–1 below, the Clarifies the asbestos standard by potential asbestos exposure of those excursion limit of 1 f/cc for 30 minutes inserting uniform structure and living close to a mining operation. is the lowest concentration that MSHA language. Although MSHA’s reduction of its can measure reliably for determining Some commenters suggested that asbestos PELs may reduce compliance with the excursion limit. MSHA should expand its definition of environmental levels, other Federal, MSHA recognizes that in some asbestos to include other asbestiform State, and local agencies have situations, such as low background dust minerals, so long as MSHA’s analytical jurisdiction over environmental levels, lower exposures could be method excluded the counting of exposures. measured by using a higher flow rate; cleavage fragments. Another commenter but, the risk of overloading the filter asked that MSHA not include 2. Sections 56/57.5001(b)(2)(ii) and with debris increases when using higher nonasbestiform fibrous minerals and 71.702(b)(2): Excursion Limit flow rates. MSHA can be confident that mineral cleavage fragments when The final rule, like the proposal, it is measuring the actual airborne MSHA performs microscopic analyses adopts OSHA’s excursion PEL of 1 f/cc concentrations of asbestos, within a of samples. Others supported the as measured over 30 minutes. Some standard sampling and analytical error inclusion and regulation of asbestiform commenters were concerned that an (±25 percent), when the Agency uses the amphiboles that have shown or are excursion limit is not enforceable and, minimum loading suggested by the likely to show asbestos-like health therefore, should be removed from the OSHA Reference Method (29 CFR effects. rule. Although MSHA may not always 1910.1001, Appendix A). Many commenters did not want be present to take air samples to As discussed in OSHA’s 1986 MSHA to make changes to the fibers evaluate a miner’s exposure during brief asbestos final rule (51 FR 22686), the regulated as asbestos in the existing episodes of asbestos exposure, existing key factor in sampling precision is fiber standards. Specifically, they did not §§ 56/57.5002 and 71.701 require mine loading. To determine whether the want MSHA to address other operators to conduct sampling to analytical method described in asbestiform amphiboles found in determine the need for, and Appendix A of its asbestos standard mineral deposits because there is no effectiveness of, control measures when could be used to analyze short-term evidence that these fibers pose the same miners may be exposed to asbestos. samples, OSHA calculated the lowest health problems that asbestos does. An excursion limit sets levels, not reliable limit of quantification using the Some said that it would be unreasonable based on toxicological data, for peak following formula: and expensive to try to meet exposure episodes of exposure. As previously limits for all these other asbestiform discussed, asbestos poses a long-term C = [(f/[(n)(Af)])(Ac)]/[(V)(1,000)] minerals. Other commenters stated that, health risk to exposed workers. Where: whatever they are called, asbestiform Although the final rule will minerals cause illness. C = fiber concentration (in f/cc of air); substantially reduce the risk of asbestos- f = the total fiber count; As stated throughout this rulemaking, related deaths from a lifetime exposure, n = the number of microscope fields the final rule makes no substantive it does not completely eliminate this examined; 2 changes to the definition of asbestos in risk. The excursion limit will help Af = the field area (0.00785 mm ) for a MSHA’s existing standards. Such reduce the long-term risk by addressing properly calibrated Walton-Beckett changes were not contemplated in the brief, episodic exposures. This type of graticule; 2 proposed rule and, therefore, are beyond episodic exposure can be foreseen and Ac = the effective area of the filter (in mm ); the scope of this final rule. and proactively controlled by the use of V = the sample volume (liters). B. Sections 56/57.5001(b)(2) and personal protective equipment 71.702(b): Permissible Exposure Limits (respirators and protective clothing) and Table V–1 was generated from the (PELs) by implementing engineering or work above equation. The table shows that 1 practice controls (glove boxes, tents, wet f/cc measured over 30 minutes can be 1. Sections 56/57.5001(b)(2)(i) and methods). reliably measured when pumps are used 71.702(b)(1): 8-Hour, Time-Weighted The final rule includes an excursion at the higher flow rates of 1.6 Lpm or Average (TWA), Full-Shift Permissible limit for asbestos to help maintain the more, using 25-mm filters. The table Exposure Limit average airborne concentration below also shows that MSHA cannot reliably The final rule adopts OSHA’s 8-hour the full-shift exposure limit. For measure 1 f/cc with 15-minute air TWA PEL of 0.1 f/cc. No commenters example, for miners exposed to one 30- samples, even when they are collected objected to this aspect of the proposal. minute excursion per day at 1 f/cc, the at the higher pump flow rates.

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TABLE V–1.—RELATIONSHIP OF SAMPLING METHOD TO MEASUREMENT OF ASBESTOS

Lowest level reliably measured Sampling time and flow rate using 25-mm filters

15 min at 2.5 Lpm ...... 1.05 f/cc. 15 min at 2.0 Lpm ...... 1.31 f/cc. 15 min at 1.6 Lpm ...... 1.63 f/cc. 15 min at 1.0 Lpm ...... 2.61 f/cc. 15 min at 0.5 Lpm ...... 5.23 f/cc. 30 min at 2.5 Lpm ...... 0.51 f/cc. 30 min at 2.0 Lpm ...... 0.65 f/cc. 30 min at 1.6 Lpm ...... 0.82 f/cc. 30 min at 1.0 Lpm ...... 1.31 f/cc. 30 min at 0.5 Lpm ...... 2.61 f/cc.

After evaluating the comments, Occupational Hygiene Society said 49 laboratories to analyze its asbestos MSHA retains the proposed asbestos that the microscopic counting of samples using NIOSH’s PCM-based excursion limit of 1 f/cc over a period particles greater than 5 µm in length analytical method, and to follow up of 30 minutes in the final rule. would show a relationship with the with an analysis using NIOSH’s TEM- prevalence of asbestosis similar to those based method when the PCM results C. Sections 56/57.5001(b)(3) and studies based on the mass of respirable indicate an exposure exceeding 0.1 f/cc. 71.702(c): Measurement of Airborne asbestos. Many studies have suggested These commercial laboratories report Fiber Concentrations that counting only fibers longer than 5 analytical results as the fiber The final rule, like the proposed rule, µm minimizes variations between concentration (f/cc) for each filter requires an initial determination of fiber microscopy techniques 50 and improves analyzed. concentration using a PCM-based the precision of the results.51 The Several factors complicate the analytical method statistically scientific community accepted this evaluation of personal exposure levels equivalent to the OSHA Reference length together with a minimum 3:1 in mining environments. For example, Method in OSHA’s asbestos standard length to diameter aspect ratio, as the non-asbestos fibers and dust particles (29 CFR 1910.1001, Appendix A). counting criteria for asbestos fibers that collected on the filter can obscure the With respect to analytical methods, provides an index of asbestos exposure, asbestos fibers or overload the filter. the final rule is substantively the same even though some believed that shorter Depending on the amount of visible as MSHA’s existing standards. PCM- fibers should be included due to their dust in the air, MSHA’s sampling based analytical methods were used in possible health effects.52 Acceptance of procedures allow the setting of pump the development of past exposure PCM-based methodology has served as flow rates and consecutive sampling to assessments and risk estimates, and are the basis of asbestos risk assessments. minimize or eliminate mixed dust relatively quick and cost-effective. In recommending an asbestos overload. OSHA used a PCM-based methodology standard in 1972 and 1976, NIOSH Commenters criticized MSHA’s use of as the defining basis of its asbestos risk suggested using the same size criteria PCM-based methods to evaluate assessment. PCM-based analytical that the British adopted. They also asbestos exposures. Several methods remain the most practical way recommended reevaluating these recommended that MSHA adopt a new to evaluate asbestos exposures in criteria when more definitive ASTM method (ASTM D 7200–06), mining. MSHA recognizes, however, information on the biologic response which references the characteristics of that all analytical methods, including and precise epidemiologic data are asbestiform fibers in EPA’s bulk sample those used to identify and quantify the developed. NIOSH applied a conversion method.53 Many recommended that six asbestos minerals regulated by factor to exposure data not obtained MSHA not conduct air sampling unless MSHA have limitations. Analysts have using a PCM-based analytical method, prior bulk sampling had identified quantified the limits of detection, to estimate what the exposure data asbestos fibers. Some commenters precision, and accuracy of these would have been using a PCM-based recommended that the final rule include methods, termed ‘‘analytical error;’’ and method. This conversion allowed a TEM-based analytical method for the MSHA includes this analytical error in NIOSH to use non-PCM-based exposure initial determination of compliance. evaluating asbestos exposures and data, together with PCM-based exposure Bulk sampling presents limitations. enforcing the PELs. As discussed below, data, in determining a recommended The presence of asbestos in a bulk comments varied on MSHA’s proposed permissible exposure level. sample does not mean that it poses a sampling and analytical techniques. hazard. The asbestos must become Most commenters supported a 2. MSHA’s Analytical Methods for airborne and be respirable, or combination of PCM-based and TEM- Enforcement of Its Asbestos PELs contaminate food or water, to pose a based techniques for evaluating mine air Prior to 2001, OSHA analyzed health hazard to miners. Analysis of samples. MSHA’s asbestos samples using OSHA bulk samples is usually performed using ID–160, a PCM-based analytical method. polarized light microscopy (PLM). A 1. Background of Analytical Method for particle must be at least 0.5 µm in Asbestos Since 2001, MSHA has contracted with American Industrial Hygiene diameter to refract light and many Historically, asbestos samples have Association (AIHA) accredited asbestos fibers are too thin to refract been analyzed by mass (weighing), light. Asbestos may be a small counting (microscopy), or a qualitative 49 Lane et al., 1968. percentage of the parent material or not property (spectroscopy). When 50 ACGIH–AIHA, 1975. uniformly dispersed in the sample and, recommending an exposure standard for 51 Wylie, 2000. chrysotile asbestos, the British 52 ACGIH–AIHA, 1975; NIOSH, 1972. 53 ASTM, 2006; EPA, 1993.

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therefore, may not be seen in the small asbestos typically uses a magnification cleavage fragments when examining portion of sample that is examined of 400 to 450 times (×) the object’s relatively small numbers of fibers. under the microscope. Another problem actual size. In contrast, a TEM-based Several commenters suggested the with identifying asbestos using PLM is analysis typically uses a magnification development of a new analytical that both the asbestiform and of 10,000×. As a result, an analyst using method for asbestos in mine air nonasbestiform varieties of a mineral PCM sees a larger amount of the sample samples. show the same refractive index. than one using TEM, although in less Much of the variability in counting Although a trained individual may be detail. asbestos is attributed to the visual acuity able to identify bulk asbestos by its b. Variability in Counting Asbestos of the analyst in observing and sizing appearance and physical properties, the Fibers Using PCM. fibers and in interpreting the counting identification can be difficult when the Commenters generally supported rules.56 Overall, commenters recognized asbestos is dispersed in a dust sample MSHA’s use of a PCM-based analytical that it takes far less time to develop or is present in low concentration in a method for the initial analysis of fiber expertise in counting fibers using PCM rock. samples for determining compliance. than in developing expertise using TEM. Due to a lack of consensus in the One of the commenters’ major concerns NIOSH has developed a 40-hour regulatory and scientific communities, focused on the variability of fiber training course for analysts as an revisions to MSHA’s use of PCM-based counting procedures. MSHA adequate prerequisite to conducting analytical methods were not included understands that the PCM-based total fiber counts using PCM. To within the scope of this rulemaking. If analytical methods yield considerable differentially count asbestos fibers, an PCM-based analysis reveals a potential variability in counting fibers because it analyst must have advanced knowledge overexposure, MSHA will perform a is dependent on a number of related of mineralogy and expertise in the TEM-based analysis to confirm asbestos variables, such as the optical microscopic techniques used. This exposure levels. Further, MSHA will performance of the microscope, the knowledge and expertise can be gained consider the use of alternative analytical optical properties of the prepared only by years of experience counting methods for the measurement of sample, and the proportion of fine fiber samples collected in a variety of airborne asbestos that meet the particles.54 environments. analytical equivalency criteria for OSHA recognized the variability of The availability of analyst training OSHA’s Reference Method once they are using a PCM-based analytical method in courses, and the formation of recognized by a laboratory accreditation its rulemaking. The requirements listed accreditation bodies requiring organization. For example, NIOSH is at 29 CFR 1910.1001 Appendix A laboratory quality assurance programs, supporting an ASTM inter-laboratory minimize the effect of the known helps minimize the variations in study to validate whether ASTM variability by describing the essential measurements between and within D7200–06, ‘‘Standard Practice for steps of a generic sampling and laboratories.57 Accreditation bodies Sampling and Counting Airborne Fibers, analytical procedure. OSHA also require laboratories to use standardized Including Asbestos Fibers, in Mines and established criteria to limit variability. analytical methods. AIHA has the Quarries, by Phase Contrast Microscopy Subsequently, other papers have Asbestos Analyst Registry that specifies and Transmission Electron Microscopy’’ addressed variability issues related to criteria for competence, education, and can meet the OSHA equivalency criteria PCM counting techniques.55 performance for analysts. In addition to and be accredited. Commenters suggested a number of these programs, MSHA’s incorporation a. Discussion of Microscope techniques to reduce the variability in of OSHA’s Appendix A helps minimize Properties. counting fibers on mine air samples. the subjectivity and increase One issue commenters mentioned Some asked that MSHA consider consistency of measuring airborne concerning PCM-based analytical respirable or thoracic sampling to asbestos concentrations by specifying methods is the limited resolution and minimize interference from large core elements of an acceptable PCM- magnification of light microscopes particles that can obscure asbestos fibers based analytical method. compared to electron microscopes. The on the filter. Some supported a counting resolution of the microscope is the technique based on the typical 3. MSHA’s Incorporation of Appendix A smallest separation between two objects characteristics of asbestos in air. Others of OSHA’s Asbestos Standard that will allow them to be distinctly recommended using a higher aspect MSHA’s existing standards include visible. The higher the resolving power ratio to increase the probability that the basic elements of PCM-based analytical of a microscope, the smaller the structures counted are fibers. Another methods. These same basic elements for distance can be between two particles commenter stated that several asbestos exposure monitoring are and have them still appear as two approaches have been tried to remove included in the OSHA Reference distinct particles. Resolution is about non-asbestos minerals from samples, Method in Appendix A of OSHA’s 0.2 µm using PCM compared with such as low temperature ashing or asbestos standard. The evaluation or 0.0002 µm using TEM. This means that dissolution, but these approaches are inclusion of methods that do not an analyst who sees a single fiber using not useful for mining samples. Many include these basic elements or that PCM may see a number of thinner fibers commenters suggested the development deviate from the criteria for counting using TEM. Individual fibrils of of differential counting techniques that fibers in MSHA’s existing standards was chrysotile are about 0.05 µm in diameter consider the fiber morphology and the not contemplated in the proposed rule while amphibole fibrils are about 0.1 µm distributions or populations of distinct and, therefore, is beyond the scope of in diameter. Using TEM, the analyst is fiber groups with characteristic this final rule. able to see thinner fibers and, therefore, dimensions to analyze mine air samples OSHA’s Appendix A, the OSHA should be able to see more fibers than for fibers. Other commenters stated that Reference Method (ORM), specifies the when using PCM. particle characteristics could not be elements of an acceptable analytical Magnification is the ratio of the size used reliably to differentiate fibers from method for asbestos and the quality that the object appears under the microscope to its actual size. A PCM- 54 Rooker et al., 1982. 56 Rooker et al., 1982. based analysis of air samples for 55 Pang, 2000; Harper and Bartolucci, 2003. 57 Schlect and Shulman, 1995.

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control procedures that laboratories concentrations, which would have a proposed ASTM method, which was performing the analysis must overestimated asbestos exposures. adopted in June 2006 (ASTM D 7200– implement. To encourage innovation MSHA acknowledges the possible 06). Several recommended a fiber and technological advancement, the overestimation of asbestos-related population analysis that examined final rule allows for MSHA’s acceptance disease in applying OSHA’s risk samples for the characteristics of of other analytical methods that are at assessment to mining exposures based commercial asbestos listed in Appendix least as effective in identifying potential solely on PCM analytical results. For A of EPA’s Method for the asbestos overexposures as the OSHA this reason, by policy, MSHA uses a Determination of Asbestos in Bulk Reference Method (29 CFR 1910.1001, subsequent TEM analysis to identify Building Materials (EPA, 1993). Appendix A). MSHA considers the asbestos minerals and minimize this MSHA acknowledges that PCM-based counting criteria for a fiber in the OSHA overestimation when determining analytical methods for the quantitative Reference Method to be statistically asbestos exposures. MSHA has not analysis of asbestos samples have some equivalent to that in MSHA’s definition found sufficient information to make a limitations, especially if samples are of a fiber. ‘‘differential risk’’ determination for the collected in a mixed dust environment. For the purpose of this final rule, mining industry within OSHA’s PCM-based analysis, however, addresses MSHA considers a method to be quantitative risk assessment, which the key problem of needing to make a statistically equivalent to the ORM and MSHA uses as the basis for this final relatively fast, cost-effective evaluation at least as effective as MSHA’s existing rule. of miners’ work environments so as to method if it meets the following criteria improve their health protection. Using a 5. Discussion of Cleavage Fragments and from 29 CFR 1910.1001(d)(6)(iii): PCM-based analytical method maintains Non-Asbestos Minerals (A) Replicate exposure data used to the usefulness of the analytical results establish equivalency are collected in side- During this rulemaking, MSHA has relative to the historic health data.59 by-side field and laboratory comparisons; received many comments regarding When an exposure exceeds the full-shift and cleavage fragments. MSHA has not or excursion PEL, MSHA uses a TEM- (B) The comparison indicates that 90% of addressed cleavage fragments in this based method to confirm the presence of the samples collected in the range 0.5 to 2.0 final rule. To do so would require a asbestos. times the permissible limit have an accuracy change in both the analytical method range of plus or minus 25 percent of the ORM and the definition of asbestos, neither of D. § 71.701(c) and (d): Sampling; results at a 95% confidence level as which were contemplated in the General Requirements (Controlling demonstrated by a statistically valid protocol; Asbestos Exposures in Coal Mines) and proposed rule and are, therefore, beyond (C) The equivalent method is documented the scope of this final rule. The final This final rule retains the proposed and the results of the comparison testing are rule retains MSHA’s PCM-based revision to add a reference to § 71.702 maintained. analytical method. To minimize the in paragraphs (c) and (d) of § 71.701 to clarify MSHA’s intent that coal mine Although MSHA can calculate impact of cleavage fragments on operators control miners’ exposures to concentrations below 0.1 f/cc, neither sampling results, however, MSHA will asbestos. MSHA received no substantive NIOSH 7400 nor OSHA ID 160 sampling continue its policy of conducting a comments on this proposed change. and analytical methods obtain subsequent TEM-based analysis on statistically reliable, repeatable samples with PCM results that exceed VI. Regulatory Analyses measurements within ± 25 percent of the PEL. A. Executive Order (E.O.) 12866 the mean with 95 percent confidence for Many commenters expressed concern concentrations lower than 0.1 f/cc. The that standard phase contrast counting Executive Order (E.O.) 12866 (58 FR preamble to OSHA’s 1994 asbestos rule techniques are not specific in 51735) as amended by E.O. 13258 (59 FR 40967) states that 0.1 f/cc is ‘‘the determining exposure to only the six (Amending Executive Order 12866 on practical lower limit of feasibility for Federal asbestos minerals and may Regulatory Planning and Review (67 FR measuring asbestos levels reliably.’’ misidentify cleavage fragments as 9385)) requires regulatory agencies to Appendix A lists NIOSH 7400 and asbestos fibers. PCM-based analytical assess both the costs and benefits of OSHA ID–160 as analytical methods methods do not distinguish between regulations. To comply with Executive that meet these equivalency criteria. asbestos and any other fiber meeting the Order 12866, MSHA has prepared a MSHA will consider other analytical size and aspect ratio criteria. A number Regulatory Economic Analysis (REA) for methods that afford an equivalent of commenters highlighted the seeming this final rule. The REA contains measurement alternative as they become contradiction between MSHA’s stated supporting data and explanation for the available. intent to exclude cleavage fragments summary materials presented in section from the standard and the Agency’s VI of this preamble, including the 4. Epidemiological Studies and Health selection of a PCM-based analytical covered mining industry, costs and Risk Data Based on PCM Analytical method that may identify elongated benefits, feasibility, and small business Methods amphibole cleavage fragments as impact. The REA is located on MSHA’s A number of commenters pointed out asbestos fibers. Web site at http://www.msha.gov/ that a PCM-based methodology counts Commenters suggested several ways regsinfo.htm. A copy of the REA can be more than asbestos. These commenters to eliminate cleavage fragments. For obtained from MSHA’s Office of suggested that the lower risk seen in example, some suggested that MSHA Standards, Regulations, and Variances. epidemiological studies relating PCM- use a revised PCM-based method with Executive Order 12866 classifies a based exposure estimates to adverse differential counting criteria that rule as a significant regulatory action health outcomes in miners was due to referenced OSHA’s 29 CFR 1910.1001 58 the other material inherent in air Appendices B and C. Others suggested procedures, when they promulgated their samples taken in a mining environment. respiratory protection standard (29 CFR 1910.134). 58 Appendix B (non-mandatory) is a detailed Given the context of the comment, MSHA thinks They speculated that non-asbestos dust procedure for asbestos sampling and analysis. the commenter may have been referring to particles had been counted and OSHA removed Appendix C (mandatory), which Appendix J, OSHA’s PLM analytical method. included in the estimated specified qualitative and quantitative fit testing 59 Wylie et al., 1985.

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requiring review by the Office of MSHA limits the quantified benefits the corresponding concentration based Management and Budget if it has an to an estimation of the number of cancer on MSHA sampling data. The result is annual effect on the economy of $100 cases prevented. MSHA expresses the an estimate of miners’ deaths resulting million or more; creates a serious results as ‘‘deaths prevented’’ because from cancer due to occupational inconsistency or interferes with an the cancers associated with asbestos exposure to asbestos under existing action of another agency; materially exposure almost always result in exposure conditions. alters the budgetary impact of premature death. c. Benefits of the 0.1 f/cc PEL. entitlements or the rights of entitlement The benefits resulting from a Deaths from lung cancer, recipients; or raises novel legal or policy reduction in the PEL depend on several mesotheliomas, gastrointestinal cancer, issues. MSHA has determined that the factors including— and asbestosis are the result of past final rule would not have an annual • Existing and projected exposure exposures to much higher air effect of $100 million or more on the levels, concentrations of asbestos than those economy and, therefore, it is not an • Risk associated with each exposure found in mines today. The risks of these economically ‘‘significant regulatory level, diseases still exist, however, and these • action’’ pursuant to section 3(f) of E.O. Number of workers exposed at each risks are significant for miners exposed exposure level, and to lower air concentrations of asbestos. 12866. MSHA, however, has concluded • that the proposed rule is otherwise Age of the miner at first exposure. Most diseases resulting from a more significant under Executive Order 12866 MSHA estimated the number of miners recent asbestos exposure may not because it raises novel legal or policy currently exposed and their levels of become evident for another 20 to 30 issues. exposure from data on personal years. When the results of TEM analysis exposure sampling during regular and are incorporated into the exposure data, 1. Discussion of Benefits special inspections between January MSHA estimated a reduction of one This final rule will reduce diseases 2000 and May 2007. These data are cancer death (per 314 miners exposed arising from exposure to asbestos, and available on MSHA’s Web site at above 0.1 f/cc, or 5 per 1,000 exposed) the associated costs to employers, http://www.msha.gov. Section III of this over a 55-year period starting 10 years miners’ families, and society at large. preamble contains the characterization after implementation of the lower 8- Exposure to asbestos can cause lung and assessment of exposures in mining. hour TWA PEL. This represents a 12 cancer; mesothelioma; gastrointestinal Laboratory results indicate that percent reduction in the miners’ cancer; cancers of the larynx, pharynx, exposure concentrations are unevenly asbestos-related deaths that would be and kidneys; asbestosis; and other distributed across mines and among expected if existing exposures were to respiratory diseases. Reduced miners’ miners within mines. MSHA uses four continue. The rate at which the exposures will reduce adverse health fiber concentration levels to estimate the incidence of the cancers decreases effects both in terms of the incidence of risk to miners. The break points for depends on several factors including— disease affecting quality of life, and these exposure levels are the existing • Latency of onset of cancer, and final exposure limits as follows: • Attrition of the mining workforce, deaths from both cancer and non-cancer • disease. These asbestos-related diseases Less than 0.1 f/cc, 0.1 to less than Changing rates of competing causes cause a material impairment of human 1 f/cc, 1 f/cc to less than 2 f/cc, and of death, 2 f/cc or greater. Approximately 86 • Dynamics of other risk factors, health or functional capacity. • percent of MSHA’s PCM-based fiber Changes in life expectancy, and This benefit analysis quantifies the • Advances in cancer treatments. reduction in expected deaths to miners sampling results are below 0.1 f/cc. Approximately 97 percent of MSHA’s d. Benefits of the 1 f/cc Excursion resulting from reduced exposure to Limit. airborne asbestos. The benefit is a result TEM-based asbestos sampling results are below 0.1 f/cc. Based on MSHA’s The intended effect of the excursion of reducing the 8-hour time-weighted limit is to protect miners from the average (TWA) permissible exposure sampling data, concentrations ranged between 0.0 and 38.1 f/cc over these adverse health risks associated with limit (PEL) from 2 fibers per cubic brief fiber releases. MSHA believes that centimeter (f/cc) to 0.1 f/cc. MSHA years. The highest concentration level in Table IV–1 is 10 f/cc. MSHA’s miners will be exposed to brief fiber acknowledges that this change will not releases even when airborne eliminate the risk of asbestos-related calculations, therefore, use an upper exposure limit of 10 f/cc. Samples with concentrations of asbestos do not exceed material impairment of health. (See the PEL. For example, mechanics may Table IV–1.) exposure concentrations above 10 f/cc are included in this benefits analysis as be inadvertently exposed to airborne a. Summary of Benefits. asbestos while working on older By lowering the PEL to 0.1 f/cc, 10 f/cc. MSHA’s estimated benefits derive totally from the mines MSHA has equipment that may have asbestos- MSHA estimates the prevention of one containing parts. Miners may encounter occupationally related cancer death sampled. MSHA applied OSHA’s linear, no- brief fiber releases while drilling, caused by asbestos exposure over the threshold, dose-response risk dozing, blasting, or roof bolting in areas 55-year period beginning 10 years after assessment model to MSHA’s existing of naturally occurring asbestos. These implementation of the final rule. MSHA PEL and final PEL to estimate the short-term exposures can easily be estimates that there will be benefits expected number of asbestos-related above 1 f/cc; however, when averaged resulting from lowering the excursion deaths. The expected reduction of over an 8-hour shift, they fall within the limit, but is unable to quantify these deaths resulting from lowering the PEL 0.1 f/cc PEL. However, because MSHA benefits. This analysis underestimates will be the difference between the does not have sufficient data regarding the total benefits of the rule by expected deaths at 2 f/cc and 0.1 f/cc.60 the relationship between the frequency quantifying only the cancer deaths MSHA then applied these rates to the of brief fiber releases and adverse health prevented. The benefits do not include estimated number of miners exposed at risks, this analysis demonstrates the the reduced incidence of asbestosis- theoretical benefits from limiting short- related disabilities. 60 Nicholson, 1983; JRB Associates, 1983; OSHA term exposures to the excursion limit. b. Calculation of Premature Deaths (51 FR 22612), 1986; OSHA (53 FR 35609), 1988; This section estimates the benefits of Prevented. OSHA (59 FR 40964), 1994. the excursion limit of 1 f/cc for one 30-

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minute period per day. Two 30-minute for 45 years. The risk associated with nonmetal mines and approximately exposures per day at 1 f/cc will exceed exposure to 0.063 f/cc using the same $45,000 for coal mines. These costs the 8-hour TWA, full shift exposure age and duration of exposure is 0.00212. represent less than 0.001 percent of the limit (i.e., 1 f/cc for 48 minutes = 0.1 f/ The difference in lifetime risk is yearly revenues of $64.4 billion for the cc for 480 minutes). 0.00124, which equates to one metal and nonmetal mining industry additional premature death prevented MSHA estimates the benefit of an and $27.0 billion for the coal mining for every 1,000 miners exposed to industry. excursion limit from the difference in asbestos above the 1 f/cc excursion concentration between the PEL and the limit. Table VI–1 presents MSHA’s estimate excursion limit averaged over the full of the total yearly compliance costs by shift [(1 f/cc)/(16 30-minute periods) = 2. Discussion of Costs compliance strategy and mine size. The 0.063 f/cc]. The lifetime risk associated The final rule will result in total costs total costs reported are projected costs, with an exposure to 0.1 f/cc is 0.00336, of approximately $201,000 per year for in 2006 dollars, based on MSHA’s if first exposed at age 25 and exposure all mines. The cost will be knowledge, experience, and available continues every work day at that level approximately $156,000 for metal and information.

TABLE VI–1.—SUMMARY OF YEARLY COMPLIANCE COSTS

Compliance strategy Total for metal Metal and nonmetal mine size Selective Removal of and nonmetal mining Wet methods Ventilation ACM mines

1–19 ...... $2,417 $2,820 $1,619 $1,750 $8,606 20–500 ...... 11,242 19,673 28,048 21,000 79,962 501+ ...... 3,747 6,558 41,278 15,750 67,333 Total ...... 17,406 29,050 70,945 38,500 155,901 Compliance strategy Total for coal Coal mine size Selective Removal of mines mining Wet methods Ventilation ACM

1–19 ...... $875 $875 20–500 ...... 12,250 12,250 501+ ...... 31,500 31,500 Total ...... 44,625 44,625

B. Feasibility The mining industry would incur E. Other Regulatory Considerations costs of about $201,000 yearly to 1. The National Environmental Policy MSHA has determined that the comply with this final rule. These requirements of this final rule are both Act of 1969 (NEPA) compliance costs represent less than technologically and economically 0.001 percent of the yearly revenues of MSHA has reviewed the final rule in feasible. the mines covered by this rule accordance with the requirements of In the discussion of PELs in section (approximately $64.4 billion for metal NEPA of 1969 (42 U.S.C. 4321 et seq.), V.B of this preamble, MSHA stated that and nonmetal and $27.0 billion for the regulations of the Council on there is a residual risk of adverse health coal). MSHA has concluded that this Environmental Quality (40 CFR part effects for miners exposed at the PEL. final rule is economically feasible. 1500), and the Department of Labor’s MSHA considered proposing a lower NEPA procedures (29 CFR part 11) and PEL as a regulatory alternative to further D. Regulatory Flexibility Analysis (RFA) has assessed the environmental impacts. reduce the risk of adverse health effects and Small Business Regulatory The Agency found that the final rule from a working lifetime of exposure. Enforcement Fairness Act (SBREFA) will have no significant impact on air, When OSHA reduced the PEL from 0.2 water, or soil quality; plant or animal to 0.1 f/cc in 1994, OSHA concluded Based on MSHA’s data and life; the use of land; or other aspects of that this concentration is ‘‘the practical experience, and information submitted the human environment. lower limit of feasibility for measuring to the record, the Agency has asbestos levels reliably.’’ (59 FR 40967) determined and here certifies that this 2. Paperwork Reduction Act of 1995 About 85 percent of the sampled mines final rule will not have a significant The final rule contains no information are already in compliance with the 0.1 economic impact on a substantial collection or recordkeeping f/cc PEL. number of small entities. The REA for requirements. Thus, there are no This final rule is not a technology- this final rule (RIN: 1219–AB24), additional paperwork burden hours and forcing standard. All equipment Asbestos Exposure Limit, contains the related costs associated with the final required by the final rule and a variety factual basis for this certification as well rule. Accordingly, the Paperwork of dust control strategies and control as complete details about data, Reduction Act requires no further methods are already available in the equations, and methods used to agency action or analysis. marketplace and have been used calculate the costs and benefits. MSHA 3. The Unfunded Mandates Reform Act successfully by the U.S. mining has placed the REA in the rulemaking of 1995 community to control asbestos docket and posted it on MSHA’s Web exposures. MSHA has concluded that site at http://www.msha.gov. MSHA has reviewed the final rule this final rule is technologically feasible. under the Unfunded Mandates Reform

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Act of 1995 (2 U.S.C. 1501 et seq.). Accordingly, Executive Order 13132, VII. Copy of the OSHA Reference MSHA has determined that the final Federalism, requires no further agency Method (ORM) rule does not include any Federal action or analysis. MSHA’s existing asbestos standards mandate that may result in increased 9. Executive Order 13175: Consultation require that the analyst determine fiber expenditures by State, local, or tribal concentrations using a phase contrast governments; nor does it increase and Coordination with Indian Tribal Governments microscopy analytical method with private sector expenditures by more 400–450X magnification. The ORM than $100 million in any one year or The final rule does not have ‘‘tribal contains these requirements. The significantly or uniquely affect small implications,’’ because it does not ‘‘have definition of fiber in MSHA’s final rule governments. Accordingly, the substantial direct effects on one or more includes the same characteristics as in Unfunded Mandates Reform Act of 1995 Indian tribes, on the relationship the existing standards, i.e., longer than (2 U.S.C. 1501 et seq.) requires no 5 µm with a length to width ratio of at further agency action or analysis. between the Federal government and Indian tribes, or on the distribution of least 3:1. Although the ORM requires 4. Treasury and General Government counting fibers 5 µm or longer, there is Appropriations Act of 1999 (Section power and responsibilities between the Federal government and Indian tribes.’’ no practical difference between these 654: Assessment of Impact of Federal criteria considering the accuracy and Accordingly, under E.O. 13175, no Regulations and Policies on Families) precision of the analytical methods. Section 654 of the Treasury and further Agency action or analysis is NIOSH Method 7400 is equivalent to the General Government Appropriations required. ORM even though it requires counting Act of 1999 (5 U.S.C. 601 note) requires fibers longer than 5 µm. The ORM also agencies to assess the impact of Agency 10. Executive Order 13211: Actions requires that analysts ‘‘* * * must have action on family well-being. MSHA has Concerning Regulations That taken the NIOSH course for sampling determined that the final rule will have Significantly Affect Energy Supply, and evaluating airborne asbestos dust or no affect on family stability or safety, Distribution, or Use an equivalent course.’’ marital commitment, parental rights and Executive Order 13211 requires authority, or income or poverty of 29 CFR 1910.1001 Appendix A: OSHA agencies to publish a statement of families and children. Accordingly, Reference Method—Mandatory energy effects when a rule has a MSHA certifies that the final rule will This mandatory appendix specifies the significant energy action that adversely not impact family well-being. procedure for analyzing air samples for affects energy supply, distribution or asbestos and specifies quality control 5. Executive Order 12630: Government use. MSHA has reviewed the final rule procedures that must be implemented by Actions and Interference with for its energy effects because the final laboratories performing the analysis. The Constitutionally Protected Property rule applies to the coal mining sector. sampling and analytical methods described Rights MSHA has concluded that the final rule below represent the elements of the available monitoring methods (such as Appendix B of The final rule does not implement a is not a significant energy action their regulation, the most current version of policy with takings implications. because it will not have significant the OSHA method ID–160, or the most Accordingly, E.O. 12630 requires no adverse effect on the supply, current version of the NIOSH Method 7400). further Agency action or analysis. distribution, or use of energy. Further, All employers who are required to conduct air monitoring under paragraph (d) of the 6. Executive Order 12988: Civil Justice because the final rule will result in yearly costs of approximately $45,000 to [OSHA] standard are required to utilize Reform analytical laboratories that use this the coal mining industry, relative to procedure, or an equivalent method, for The final rule was written to provide annual revenues of $27.0 billion in a clear legal standard for affected collecting and analyzing samples. 2006, it is not a significant energy action Sampling and Analytical Procedure. conduct and was carefully reviewed to because it is not likely to have a 1. The sampling medium for air samples eliminate drafting errors and significant adverse effect on the supply, shall be mixed cellulose ester filter ambiguities, so as to minimize litigation distribution, or use of energy. membranes. These shall be designated by the and undue burden on the Federal court manufacturer as suitable for asbestos system. Accordingly, the final rule Accordingly, under this analysis, no counting. See below for rejection of blanks. meets the applicable standards provided further Agency action or analysis is 2. The preferred collection device shall be in section 3 of E.O. 12988, Civil Justice required. the 25-mm diameter cassette with an open- Reform. faced 50-mm electrically conductive 11. Executive Order 13272: Proper extension cowl. The 37-mm cassette may be 7. Executive Order 13045: Protection of Consideration of Small Entities in used if necessary but only if written Children from Environmental Health Agency Rulemaking justification for the need to use the 37-mm Risks and Safety Risks filter cassette accompanies the sample results MSHA has thoroughly reviewed the in the employee’s exposure monitoring The final rule has no adverse impact final rule to assess and take appropriate record. Do not reuse or reload cassettes for on children. Accordingly, under E.O. account of its potential impact on small asbestos sample collection. 13045, no further Agency action or businesses, small governmental 3. An air flow rate between 0.5 liter/min analysis is required. jurisdictions, and small organizations. and 2.5 liters/min shall be selected for the 25-mm cassette. If the 37-mm cassette is 8. Executive Order 13132: Federalism As discussed in section VI.D of this used, an air flow rate between 1 liter/min and The final rule does not have preamble, MSHA has determined and 2.5 liters/min shall be selected. ‘‘federalism implications,’’ because it certified that the final rule would not 4. Where possible, a sufficient air volume does not ‘‘have substantial direct effects have a significant economic impact on for each air sample shall be collected to yield between 100 and 1,300 fibers per square on the States, on the relationship a substantial number of small entities. Accordingly, Executive Order 13272, millimeter on the membrane filter. If a filter between the national government and darkens in appearance or if loose dust is seen the States, or on the distribution of Proper Consideration of Small Entities on the filter, a second sample shall be started. power and responsibilities among the in Agency Rulemaking, requires no 5. Ship the samples in a rigid container various levels of government.’’ further agency action or analysis. with sufficient packing material to prevent

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dislodging the collected fibers. Packing c. Fibers lying entirely within the Agency for Toxic Substances and Disease material that has a high electrostatic charge boundary of the Walton-Beckett graticule Registry (ATSDR). Report on the Expert on its surface (e.g., expanded polystyrene) field shall receive a count of 1. Fibers Panel on Health Effects of Asbestos and cannot be used because such material can crossing the boundary once, having one end Synthetic Vitreous Fibers: The Influence of cause loss of fibers to the sides of the within the circle, shall receive the count of Fiber Length (Proceedings of panel cassette. one half (1⁄2). Do not count any fiber that discussion, October 29–30, 2002, New 6. Calibrate each personal sampling pump crosses the graticule boundary more than York City), Prepared by Eastern Research before and after use with a representative once. Reject and do not count any other Group, Inc., March 17, 2003. filter cassette installed between the pump fibers even though they may be visible Amandus, H.E., R. Wheeler, J. Jankovic, and and the calibration devices. outside the graticule area. J. Tucker. ‘‘The Morbidity and Mortality of 7. Personal samples shall be taken in the d. Count bundles of fibers as one fiber Vermiculite Miners and Millers Exposed to ‘‘breathing zone’’ of the employee (i.e., unless individual fibers can be identified by Tremolite-Actinolite: Part I. Exposure attached to or near the collar or lapel near the observing both ends of an individual fiber. Estimates,’’ American Journal of Industrial worker’s face). e. Count enough graticule fields to yield Medicine, 11(1):1–14, 1987. 8. Fiber counts shall be made by positive 100 fibers. Count a minimum of 20 fields; Amandus, H.E., and R. Wheeler. ‘‘The phase contrast using a microscope with an 8 stop counting at 100 fields regardless of fiber Morbidity and Mortality of Vermiculite to 10 × eyepiece and a 40 to 45 × objective count. Miners and Millers Exposed to Tremolite- for a total magnification of approximately 14. Blind recounts shall be conducted at Actinolite: Part II. Mortality,’’ American 400 × and a numerical aperture of 0.65 to the rate of 10 percent. Journal of Industrial Medicine, 11(1):15– 0.75. The microscope shall also be fitted with Quality Control Procedures. 26, 1987. a green or blue filter. 1. Intralaboratory program. Each laboratory Amandus, H.E., R. Althouse, W.K.C. Morgan, 9. The microscope shall be fitted with a and/or each company with more than one E.N. Sargent, and R. Jones. ‘‘The Morbidity Walton-Beckett eyepiece graticule calibrated microscopist counting slides shall establish a and Mortality of Vermiculite Miners and ± for a field diameter of 100 micrometers ( 2 statistically designed quality assurance Millers Exposed to Tremolite-Actinolite: micrometers). program involving blind recounts and Part III. Radiographic Findings,’’ American 10. The phase-shift detection limit of the comparisons between microscopists to Journal of Industrial Medicine, 11(1):27– microscope shall be about 3 degrees monitor the variability of counting by each 37, 1987. measured using the HSE phase shift test slide microscopist and between microscopists. In a American Conference of Governmental as outlined below. company with more than one laboratory, the Industrial Hygienists-American Industrial a. Place the test slide on the microscope program shall include all laboratories and Hygiene Association, Joint ACGIH–AIHA stage and center it under the phase objective. shall also evaluate the laboratory-to- Aerosol Hazards Evaluation Committee. b. Bring the blocks of grooved lines into laboratory variability. ‘‘Background Documentation on focus. 2. Interlaboratory program. Evaluation of Occupational Exposure to a. Each laboratory analyzing asbestos Note: The slide consists of seven sets of Airborne Asbestos,’’ American Industrial grooved lines (ca. 20 grooves to each block) samples for compliance determination shall implement an interlaboratory quality Hygiene Association Journal, February in descending order of visibility from sets 1 1975, pp. 91–103. to 7, 7 being the least visible. The assurance program that as a minimum includes participation of at least two other American Society for Testing and Materials requirements for asbestos counting are that (ASTM). ‘‘Standard Practice for Sampling the microscope optics must resolve the independent laboratories. Each laboratory shall participate in round robin testing at and Counting Airborne Fibers, Including grooved lines in set 3 completely, although Asbestos Fibers, in Mines and Quarries, by they may appear somewhat faint, and that the least once every 6 months with at least all the Phase Contrast Microscopy and grooved lines in sets 6 and 7 must be other laboratories in its interlaboratory Transmission Electron Microscopy,’’ invisible. Sets 4 and 5 must be at least quality assurance group. Each laboratory ASTM International Designation: D 7200– partially visible but may vary slightly in shall submit slides typical of its own work 06, June 2006. visibility between microscopes. A load for use in this program. The round robin microscope that fails to meet these shall be designed and results analyzed using American Thoracic Society. ‘‘Diagnosis and requirements has either too low or too high appropriate statistical methodology. Initial Management of Nonmalignant a resolution to be used for asbestos counting. b. All laboratories should also participate Diseases Related to Asbestos,’’ American in a national sample testing scheme such as Journal of Respiratory and Critical Care c. If the image deteriorates, clean and the Proficiency Analytical Testing Program Medicine, 170:691–715, 2004. adjust the microscope optics. If the problem (PAT), or the Asbestos Registry sponsored by Armstrong, B.K., N.H. de Klerk, A.W. Musk, persists, consult the microscope the American Industrial Hygiene Association and M.S.T. Hobbs. ‘‘Mortality in Miners manufacturer. (AIHA). and Millers of Crocidolite in Western 11. Each set of samples taken will include 3. All individuals performing asbestos Australia, British Journal of Industrial 10 percent blanks or a minimum of 2 field analysis must have taken the NIOSH course Medicine, 45:5–13, 1988. blanks. These blanks must come from the for sampling and evaluating airborne asbestos same lot as the filters used for sample Bagatin, E., J.A. Neder, L.E. Nery, M. Terra- collection. The field blank results shall be dust or an equivalent course. Filho, J. Kavakama, A. Castelo, V. averaged and subtracted from the analytical 4. When the use of different microscopes Capelozzi, A. Sette, S. Kitamura, M. results before reporting. A set consists of any contributes to differences between counters Favero, D.C. Moreira-Filho, R. Tavares, C. sample or group of samples for which an and laboratories, the effect of the different Peres, and M.R. Becklake. ‘‘Non-malignant evaluation for this standard must be made. microscope shall be evaluated and the Consequences of Decreasing Asbestos Any samples represented by a field blank microscope shall be replaced, as necessary. Exposure in the Brazil Chrysotile Mines having a fiber count in excess of the 5. Current results of these quality and Mills,’’ Occupational and detection limit of the method being used assurance programs shall be posted in each Environmental Medicine, 62:381–389, shall be rejected. laboratory to keep the microscopists 2005. 12. The samples shall be mounted by the informed. Baron, Paul A. ‘‘Measurement of Airborne acetone/triacetin method or a method with [57 FR 24330, June 8, 1992; 59 FR 40964, Fibers: A Review,’’ Industrial Health, an equivalent index of refraction and similar Aug. 10, 1994] 39:39–50, 2001. clarity. VIII. References Cited in the Preamble Becker, Nikolaus, Jurgen Berger, and Ulrich 13. Observe the following counting rules. Bolm-Audorff. ‘‘Asbestos Exposure and a. Count only fibers equal to or longer than Agency for Toxic Substances and Disease Malignant Lymphomas—a Review of the 5 micrometers. Measure the length of curved Registry (ATSDR). Toxicological Profile for Epidemiological Literature,’’ International fibers along the curve. Asbestos (Update), Prepared by Syracuse Archives of Occupational and b. In the absence of other information, Research Corp. under Contract No. 205– Environmental Health, 74:459–469, 2001. count all particles as asbestos that have a 1999–00024, U.S. Department of Health Becklake, Margaret R. ‘‘Clinical length-to-width ratio (aspect ratio) of 3:1 or and Human Services, Public Health Measurements in Quebec Chrysotile greater. Service, September 2001. Miners: Use for Future Protection of

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Workers,’’ Annals New York Academy of Airborne Exposure and the Incidence of JRB Associates. ‘‘Benefits Assessment of Sciences, pp. 23–29, 1979. Respiratory Symptoms and Asthma,’’ Emergency Temporary and Proposed Berry, G., and H.C. Lewinsohn. ‘‘Dose- American Journal of Respiratory Critical Asbestos Standards, Final Report,’’ Response Relationships for Asbestos- Care Medicine, 166:933–938, 2002. Prepared by Marthe B. Kent, William G. Related Disease: Implications for Hygiene Enarson, D.A., Valerie Embree, Lonia Perry, and Christine B. New for OSHA Standards, Part I. Morbidity,’’ Annals New Maclean, and S. Grzybowski. ‘‘Respiratory Office of Regulatory Analysis, November 3, York Academy of Sciences, pp. 185–194, Health in Chrysotile Asbestos Miners in 1983. 1979. British Columbia: A Longitudinal Study,’’ Kuempel, E.D., L.T. Stayner, J.D. Dement, S.J. Berry, G., and M.L. Newhouse. ‘‘Mortality of British Journal of Industrial Medicine, Gilbert, and M.J. Hein. ‘‘Fiber Size-Specific Workers Manufacturing Friction Materials 45:459–463, 1988. Exposure Estimates and Updated Mortality Using Asbestos,’’ British Journal of Finkelstein, Murray M. ‘‘Asbestosis in Long- Analysis of Chrysotile Asbestos Textile Industrial Medicine, 40:1–7, 1983. Term Employees of an Ontario Asbestos- Workers,’’ The Toxicologist, 90(1):71, Bolton, C., A. Richards, and P. Ebden. Cement Factory,’’ American Review of March 2006. ‘‘Asbestos-Related Disease,’’ Hospital Respiratory Disease, 125:496–501, 1982. Lane, R.E. (Chairman) et al., Subcommittee Medicine, 63(3):148–151, March 2002. Finkelstein, M.M. ‘‘Mortality among Long- on Asbestos, Committee on Hygiene, Browne, Kevin. ‘‘The Quantitative Risks of Term Employees of an Ontario Asbestos- British Occupational Hygiene Society. Mesothelioma and Lung Cancer in Relation Cement Factory,’’ British Journal of ‘‘Hygiene Standards for Chrysotile to Asbestos Exposure,’’ Annals of Industrial Medicine, 40:138–144, 1983. 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[Paper received from Millers at Wittenoom, Western Australia,’’ and Recommendations on the Use and Ralph D. Zumwalde (NIOSH) via Tom British Journal of Industrial Medicine, Management of Asbestos,’’ Asbestos Simons (EPA), December 5, 2003.] 43:450–457, 1986. Strategies, 2003. Liddell, Douglas. Letter to the Editor, Craighead, J.E., J.L. Abraham, A. Churg, F.H. Greenberg, Morris. ‘‘Biological Effects of ‘‘Asbestos and Cancer,’’ Annals of Green, J. Kleinerman, P.C. Pratt, T.A Asbestos: New York Academy of Sciences Occupational Hygiene, 45(4):329–335, Seemayer, V. Vallyathan, and H. Weill. 1964,’’ American Journal of Industrial 2001. ‘‘The Pathology of Asbestos-Associated Medicine (Historical Perspective), 43:543– Manning, Christopher B., Val Vallyathan, and Diseases of the Lungs and Pleural Cavities: 552, 2003. Brooke Mossman. ‘‘Diseases Caused by Diagnostic Criteria and Proposed Grading Harper, Martin, and Al Bartolucci. Asbestos: Mechanisms of Injury and Schema,’’ Archives of Pathology and ‘‘Preparation and Examination of Proposed Disease Development,’’ International Laboratory Medicine, 106(11):544–596, Consensus Reference Standards for Fiber- Immunopharmacology, 2:191–200, 2002. 1982. Counting,’’ American Industrial Hygiene McDonald, J. Corbett, and F. Douglas K. Dave, S.K., L.J. Bhagia, P.K. Mazumdar, G.C. Association Journal, 64:283–287, 2003. Liddell. ‘‘Mortality in Canadian Miners Patel, P.K. Kulkarni, and S.K. Kashyap. Henderson, Vivian L., and Philip E. and Millers Exposed to Chrysotile,’’ Annals ‘‘The Correlation of Chest Radiograph and Enterline. ‘‘Asbestos Exposure Factors New York Academy of Sciences, pp. 1–9, Pulmonary Function Tests in Asbestos Associated with Excess Cancer and 1979. Miners and Millers,’’ Indian Journal of Respiratory Disease Mortality,’’ Annals McDonald, J.C., F.D.K. Liddell, G.W. Gibbs, Chest Disease and Allied Sciences, 38:81– New York Academy of Sciences G.E. Eyssen, and A.D. McDonald. ‘‘Dust 89, 1996. (prepublication copy), 1979. Exposure and Mortality in Chrysotile Delpierre, Stephane, Yves Jammes, Marie Hodgson, John T., and Andrew Darnton. Mining, 1910–75,’’ British Journal of Jose Delvogo-Gori, and Marion Faucher. ‘‘The Quantitative Risks of Mesothelioma Industrial Medicine, 37:11–24, 1980. ‘‘High Prevalence of Reversible Airway and Lung Cancer in Relation to Asbestos (A) McDonald, J.C., A.D. McDonald, B. Obstruction in Asbestos-Exposed Exposure,’’ Annals of Occupational Armstrong, and P. Sebastien. ‘‘Cohort Workers,’’ Archives of Environmental Hygiene, 44(8):565–601, 2000. study of mortality of vermiculite miners Health, 57(5):441–445, September/October, International Agency for Research on Cancer exposed to tremolite,’’ British Journal of 2002. (IARC). ‘‘Asbestos,’’ Monographs (Volume Industrial Medicine, 43:436–444, 1986. Dement, J.M., R.L. Harris, M.J. Symons, and 14), Supplement 7, 1987. (B) McDonald, J.C., P. Sebastien, and B. C. Shy. ‘‘Estimates of Dose-Response for International Commission on Radiation Armstrong. ‘‘Radiological Survey of Past Respiratory Cancer among Chrysotile Protection (ICRP), Prepared by the Task and Present Vermiculite Miners Exposed to Asbestos Textile Workers,’’ Annals of Group on Lung Dynamics for Committee II Tremolite,’’ British Journal of Industrial Occupational Hygiene, 26(14):869–887, of the ICRP. ‘‘Deposition and Retention Medicine, 43:445–449, 1986. 1982. Models for Internal Dosimetry of the McDonald, J.C., A.D. McDonald, P. Sebastien, Dodson, Ronald F., Mark A.L. Atkinson, and Human Respiratory Tract,’’ Health Physics, and K. Moy. ‘‘Health of Vermiculite Miners Jeffrey L. Levin. ‘‘Asbestos Fiber Length as 12:173–207, 1966. 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McDonald, A.D., B.W. Case, A. Churg, A. and James Clark. ‘‘Lung Mineral Fibers of ‘‘Asbestos Fibre Years and Lung Cancer: A Dufresne, G.W. Gibbs, P. Sebastien, and Former Miners and Millers from Thetford- Two Phase Case-Control Study with Expert J.C. McDonald. ‘‘Mesothelioma in Quebec Mines and Asbestos Regions: A Exposure Assessment,’’ Occupational and Chrysotile Miners and Millers: Comparative Study of Fiber Concentration Environmental Medicine, 59:410–414, Epidemiology and Aetiology,’’ Annals of and Dimension,’’ Archives of 2002. Occupational Hygiene, 41(6):707–719, Environmental Health, 56(1):65–76, Ramanathan, A.L., and V. Subramanian. 1997. January/February 2001. ‘‘Present Status of Asbestos Mining and Meeker, G.P., A.M. Bern, I.K. Brownfield, Nayebzadeh, Ataollah, Bruce W. Case, Janick Related Health Problems in India—A H.A. Lowers, S.J. Sutley, T.M. Hoefen, and Masse, Andre Dufresne. ‘‘Mineralogical Survey,’’ Industrial Health, 39:309–315, J.S. 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Ahrens, Observation,’’ Annals New York Academy Jones, Robert Martin, Charles, Normand, I. Jahn, U. Bolm-Audorff, and K–H Jockel. of Sciences, pp. 61–89, 1979.

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Seidman, Herbert. ‘‘Short-Term Asbestos U.S. Geological Survey (USGS). Bradley S. Federal Mine Safety and Health Act of Work Exposure and Long-Term Van Gosen. ‘‘Reported Historic Asbestos 1977, MSHA is amending chapter I of Observation,’’ from OSHA Asbestos Docket Mines, Historic Asbestos Prospects, and title 30 of the Code of Federal (Exh-261–A), July 1984 Updating. Natural Asbestos Occurrences in the Selden, A.I., N.P. Berg, E.A.L. Lundgren, G. Eastern United States,’’ USGS Open File Regulations as follows. Hillerdal, N.-G. Wik, C.-G. Ohlson, and L.S. Report 2005–1189 at http://pubs.usgs.gov/ Bodin. ‘‘Exposure to Tremolite Asbestos of/2005/1189. PART 56—SAFETY AND HEALTH and Respiratory Health in Swedish U.S. Geological Survey (USGS). Bradley S. STANDARDS—SURFACE METAL AND Dolomite Workers,’’ Occupational and Van Gosen. ‘‘Reported Historic Asbestos NONMETAL MINES Environmental Medicine, 58:670–677, Prospects and Natural Asbestos I 2001. Occurrences in the Central United States,’’ 1. The authority citation for part 56 Selikoff, Irving J., E. Cuyler Hammond, and USGS Open File Report 2006–1211 at continues to read as follows: Herbert Seidman. ‘‘Mortality Experience of http://pubs.usgs.gov/of/2006/1211. Authority: 30 U.S.C. 811. Insulation Workers in the United States U.S. Geological Survey (USGS). Bradley S. I and Canada,’’ 1943–1976, Annals New Van Gosen. ‘‘Reported Historic Asbestos 2. Section 56.5001 is amended by York Academy of Sciences, pp. 91–116, Mines, Historic Asbestos Prospects, and revising paragraph (b) to read as follows: 1979. Natural Asbestos Occurrences in the Rocky § 56.5001 Exposure limits for airborne Solomon, A., L.M. Irwig, G.K. Sluis-Cremer, Mountain States of the United States contaminants. R. Glyn Thomas, and R.S.J. du Toit. (Colorado, Idaho, Montana, New Mexico, ‘‘Thickening of Pulmonary Interlobar and Wyoming),’’ USGS Open File Report * * * * * Fissures: Exposure-Response Relationship 2007–1182 at http://pubs.usgs.gov/of/2007/ (b) Asbestos standard—(1) in Crocidolite and Amosite Miners,’’ 1182. Definitions. Asbestos is a generic term British Journal of Industrial Medicine, Wang, Xiao-Rong, Eiji Yano, Mianzheng for a number of hydrated silicates that, 36:195–198, 1979. Wang, Zhiming Wang, and David C. when crushed or processed, separate Sullivan, Patricia A. ‘‘Vermiculite, Christiani. ‘‘Pulmonary Function in Long- into flexible fibers made up of fibrils. As Respiratory Disease, and Asbestos Term Asbestos Workers in China,’’ Journal Exposure in Libby, Montana: Update of a of Occupational and Environmental used in this part— Cohort Mortality Study,’’ Environmental Health, 43(7)623–629, July 2001. Asbestos means chrysotile, Health Perspectives, 115(4):579–585, April Weill, Hans, Janet Hughes, and Carmel cummingtonite-grunerite asbestos 2007. Waggenspack. ‘‘Influence of Dose and Fiber (amosite), crocidolite, anthophylite Suzuki, Yasunosuke, and Steven R. Yuen. Type on Respiratory Malignancy Risk in asbestos, tremolite asbestos, and ‘‘Asbestos Fibers Contributing to the Asbestos Cement Manufacturing,’’ actinolite asbestos. Induction of Human Malignant American Review of Respiratory Disease, Fiber means a particle longer than 5 Mesothelioma,’’ Annals New York 120:345–354, 1979. micrometers (µm) with a length-to- Academy of Sciences, 982:160–176, 2002. West, John B. Respiratory Physiology, The Tweedale, Geoffrey. ‘‘Asbestos and Its Lethal Essentials (Sixth Edition), Lippincott diameter ratio of at least 3-to-1. Legacy,’’ Nature Reviews/Cancer Williams & Wilkins: Baltimore, MD, pp. 4– (2) Permissible Exposure Limits (Perspectives), 2:1–5, April 2002. 6 and 131–133, 2000. (PELs)—(i) Full-shift limit. A miner’s U.S. Bureau of Mines, W.J. Campbell, R.L. West, John B. Pulmonary Pathophysiology, personal exposure to asbestos shall not Blake, L.L. Brown, E.E. Cather, and J.J. The Essentials (Sixth Edition), Lippincott exceed an 8-hour time-weighted average Sjoberg. ‘‘Selected Silicate Minerals and Williams & Wilkins: Baltimore, MD, pp. full-shift airborne concentration of 0.1 Their Asbestiform Varieties,’’ Information 82–91 and 126–137, 2003. fiber per cubic centimeter of air (f/cc). Circular IC 8751, 1977. Wylie, Ann G., Robert L. Virta, and Estelle (ii) Excursion limit. No miner shall be U.S. Department of Labor, Occupational Russek. ‘‘Characterizing and exposed at any time to airborne Safety and Health Administration, OSHA’s Discriminating Airborne Amphibole 1983 Emergency Temporary Standard on Cleavage Fragments and Amosite Fibers: concentrations of asbestos in excess of Asbestos (48 FR 51086); OSHA’s 1986 Implications for the NIOSH Method’’, 1 fiber per cubic centimeter of air (f/cc) Final Rule on Asbestos (51 FR 22612); American Industrial Hygiene Association as averaged over a sampling period of 30 OSHA’s 1988 Final Rule on Asbestos (53 Journal, 46(4):197–201, 1985. minutes. FR 35609); OSHA’s 1992 Final Rule on Wylie, Ann G. ‘‘The Habit of Asbestiform (3) Measurement of airborne fiber Asbestos (57 FR 24310); OSHA’s 1994 Amphiboles: Implications for the Analysis concentration. Fiber concentration shall Final Rule on Asbestos (59 FR 40964). of Bulk Samples,’’ Advances in be determined by phase contrast U.S. Environmental Protection Agency (EPA). Environmental Measurement Methods for microscopy using a method statistically Guidance for Preventing Asbestos Disease Asbestos, ASTM STP 1342, M.E. Beard and equivalent to the OSHA Reference Among Auto Mechanics, EPA–560–OPTS– H.L. Rooks (editors), American Society for 86–002, June 1986. Testing and Materials (ASTM), West Method in OSHA’s asbestos standard U.S. Environmental Protection Agency (EPA). Conshohocken, PA, 2000. found in 29 CFR 1910.1001, Appendix Method for the Determination of Asbestos A. List of Subjects in Bulk Building Materials, EPA Report No. * * * * * EPA/600/R–93/116 (NTIS/PB93–218576), 30 CFR Parts 56 and 57 July 1993. [Updates and replaces Interim PART 57—SAFETY AND HEALTH version in 40 CFR 763, Subpart F, App A]. Air quality, Asbestos, Chemicals, STANDARDS—UNDERGROUND U.S. Environmental Protection Agency (EPA). Hazardous substances, Metals, Mine METAL AND NONMETAL MINES ‘‘40 CFR Part 63, National Emission safety and health. Standards for Hazardous Air Pollutants: I Taconite Iron Ore Processing; Final Rule,’’ 30 CFR Part 71 3. The authority citation for part 57 continues to read as follows: Federal Register (68 FR 61868), October Air quality, Asbestos, Chemicals, Coal 30, 2003. mining, Hazardous substances, Mine Authority: 30 U.S.C. 811. U.S. Geological Survey (USGS). ‘‘Preliminary I 4. Section 57.5001 is amended by Compilation of Descriptive safety and health. Geoenvironmental Mineral Deposit Dated: February 22, 2008. revising paragraph (b) to read as follows: Models,’’ Open-file Report 95–831, 1995. Richard E. Stickler, § 57.5001 Exposure limits for airborne U.S. Geological Survey (USGS). Robert L. Acting Assistant Secretary for Mine Safety contaminants. Virta, ‘‘Asbestos,’’ Mineral Commodity and Health. Summaries, pp. 24–25, January 2007. * * * * * Online at http://minerals.usgs.gov/ I For the reasons set out in the (b) Asbestos standard—(1) minerals/pubs/commodity/asbestos. preamble, and under the authority of the Definitions. Asbestos is a generic term

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for a number of hydrated silicates that, PART 71—MANDATORY HEALTH I 7. Section 71.702 is revised to read as when crushed or processed, separate STANDARDS—SURFACE COAL MINES follows: into flexible fibers made up of fibrils. As AND SURFACE WORK AREAS OF § 71.702 Asbestos standard. used in this part— UNDERGROUND COAL MINES (a) Definitions. Asbestos is a generic Asbestos means chrysotile, term for a number of hydrated silicates cummingtonite-grunerite asbestos I 5. The authority citation for part 71 continues to read as follows: that, when crushed or processed, (amosite), crocidolite, anthophylite separate into flexible fibers made up of asbestos, tremolite asbestos, and Authority: 30 U.S.C. 811, 951, 957. fibrils. As used in this part— actinolite asbestos. I 6. Section 71.701 is amended by Asbestos means chrysotile, Fiber means a particle longer than 5 revising paragraphs (c) and (d) to read cummingtonite-grunerite asbestos micrometers (µm) with a length-to- as follows: (amosite), crocidolite, anthophylite diameter ratio of at least 3-to-1. asbestos, tremolite asbestos, and § 71.701 Sampling; general requirements. actinolite asbestos. (2) Permissible Exposure Limits * * * * * Fiber means a particle longer than 5 (PELs)—(i) Full-shift limit. A miner’s micrometers (µm) with a length-to- personal exposure to asbestos shall not (c) Where concentrations of airborne contaminants in excess of the applicable diameter ratio of at least 3-to-1. exceed an 8-hour time-weighted average (b) Permissible Exposure Limits full-shift airborne concentration of 0.1 threshold limit values, permissible exposure limits, or permissible (PELs)— (1) Full-shift limit. A miner’s fiber per cubic centimeter of air (f/cc). excursions are known by the operator to personal exposure to asbestos shall not (ii) Excursion limit. No miner shall be exist in a surface installation or at a exceed an 8-hour time-weighted average exposed at any time to airborne surface worksite, the operator shall full-shift airborne concentration of 0.1 concentrations of asbestos in excess of immediately provide necessary control fiber per cubic centimeter of air (f/cc). 1 fiber per cubic centimeter of air (f/cc) measures to assure compliance with (2) Excursion limit. No miner shall be as averaged over a sampling period of 30 § 71.700 or § 71.702, as applicable. exposed at any time to airborne concentrations of asbestos in excess of minutes. (d) Where the operator has reasonable 1 fiber per cubic centimeter of air (f/cc) (3) Measurement of airborne fiber grounds to believe that concentrations as averaged over a sampling period of 30 of airborne contaminants in excess of concentration. Fiber concentration shall minutes. the applicable threshold limit values, be determined by phase contrast (c) Measurement of airborne fiber permissible exposure limits, or microscopy using a method statistically concentration. Fiber concentration shall permissible excursions exist, or are equivalent to the OSHA Reference be determined by phase contrast likely to exist, the operator shall Method in OSHA’s asbestos standard microscopy using a method statistically promptly conduct appropriate air found in 29 CFR 1910.1001, Appendix equivalent to the OSHA Reference sampling tests to determine the A. Method in OSHA’s asbestos standard concentration of any airborne found in 29 CFR 1910.1001, Appendix * * * * * contaminant which may be present and A. immediately provide the necessary control measures to assure compliance [FR Doc. E8–3828 Filed 2–28–08; 8:45 am] with § 71.700 or § 71.702, as applicable. BILLING CODE 4510–43–P

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