Federal Register / Vol. 58, No. 92 I Friday, May 14, 1993 / Rules and Regulations 28517 40 CFR Part 799 data was worker exposure to RCFs. II. Use and Exposure Under section 4 of TSCA, EPA may LOPPTS-42166A; FRL-4575--8] RCFs are defined as amorphous man- require the testing of chemical made fibers produced from the melting Testing Consent Order for Refractory substances and mixtures by adopting and “blowing” or “spinning” of Ceramic Fibers enforceable consent agreements or calcined kaolin clay or a combination of promulgating test rules.In light of three alumina (Al 0 ) and silica (Sb ). AGENCY: Environmental Protection of the primary producers’ willingness to Oxides such2as3 zirconia oxide, ferric2 Agency (EPA). work with EPA on the development of oxide, titanium oxide, magnesium ACTION: Final rule. this type of data, EPA decided to oxide, calcium oxide, and alkali oxides develop an enforceable testing consent may be added. The approximate SUMMARY: This that notice announces order according to the procedures percentage of components (by weight) EPA has signed an enforceable testing outlined in 40 CFR part 790. consent order under the Toxic may varyas follows: alumina, 20 to 80 Accordingly, on August 17, 1992 (57 FR percent; silica, 20 to 80 percent; Substances Control Act (TSCA), 15 36997), EPA issued a Federal Register zirconia, 0 to 20 percent; and other U.S.C. section 2601 at seq., with three notice requesting that persons interested ofthe primary producers of refractory oxides in lesser amounts, approximately in participating in exposure testing 1 to 5 percent (CAS number 142844—00— ceramic fibers(RCF), who have agreed negotiations for RCFs, identify to perform workplace exposure 6). monitoring of RGFs for all workplace themselves to EPA. The notice RCFs are processed by two different activities, and report this information to announced the date for a public meeting methods: The “spinning” process and to initiate testingnegotiations for RCFs. the “blowing” process. The resultant the Agency. Pursuant to 40 CFR 790.22, The primary goal of the negotiations the R~Fstesting consent order is being fiber is vitreous and non-crystalline. added to the list of Testing Consent was to develop an exposure testing RCFs are fabricated into a wide variety Orders In 40 CFR 799.5000. program to monitor workplace of forms. Fiber diametersvary within Accordingly, the export notification exposures throughout the RCFlifecycle the product, ranging from requirements of 40 CFRpart 707 apply (i.e., manufacturing, fabrication, approximately 0.06 micron to greater processing, installation, and removal) than 3 microns. Lengths in the final toRCFs. for all workplace activities. Negotiations product also vary and are dependent EFFECTIVE DATE: May 14, 1993. began in September 1992 with the upon the processing used. FOR FURTHER INFORMATION CONTACT: RefractoryCeramic Fibers Coalition RCFs are used primarily for high Susan B. Hazen, Director, (RCFC), a trade organization that focuses temperature industrial insulation Environmental Assistance Division (TS— on research, product stewardship, and applications, most frequently as 799), Office of Pollution Prevention and regulatory Issues relevant to RCFs; refractory lining in high temperature Toxics, Environmental Protection primary manufacturers of RCFs; and furnaces, heaters, and kilns in industries Agency, Rm. E—543, 401 M St., SW., other interested parties (e.g., labor and such as ethylene, steel, aluminum, Washington, DC 20460, (202) 554—1404, user groups). The negotiation ceramics, and glass production. RCFs TDD: (202) 554—0551. participants developed workplace and are also used in automotive SUPPLEMENTARY INFORMATION: worker sampling schemes, protocols for applications, aerospace uses, and in I. Regulatory History the collection and analysis of fibers, and certain commercial appliances such as provisions for evaluation of the self-cleaning ovens. On November 21, 1991, the Agency resulting data. The negotiations were RCFs are currently produced by six concluded that, based on animal completed on November 10, 1992. companies in the United States at eight inhalation data submitted to the Agency ThisFederal Register document locations. The Carborundum Company, under section 8(e) of TSCA, RCFs may Premier Refractories and Chemicals, present an unreasonablerisk of cancer announces the completion of the enforceable testingconsent order which Inc., and Thermal Ceramics Inc., to human health. After conducting an is the final product of negotiations, and together account for the bulk of U.S. accelerated review of RCF under section represents the consensus of EPAand production of RCFs. The threeother 4(f), the EPA Administrator concluded domestic producers, A.P. Green there was not sufficient data available to negotiation participants.. Industries, ELTECH Thermal Systems determinewhether or not RCFs present In addition todeveloping the Corporation, and Industrial Insulation, an unreasonablerisk. However, there exposure monitoring consent order with Inc. produce RCFs inrelatively small was sufficientbasis for concern to EPA, RCFC has developed and quantities. Approximately 80 million initiate a regulatory investigation of implemented a Product Stewardship pounds of RCFs were produced in the RCFs to determine whether action under Program (PSP). The program consists of U.S. in 1990. TSCA section 6 was appropriate. The seven elements: Health effects research, regulatory investigation of RCFs workplace exposure monitoring, III. Health Effects includes a thorough review of a recently workplace exposure control measures, Several studies show that RCFs are an completed multiple dose animal exposure assessments, product research, animal carcinogen, and EPA has inhalation study, an update of the special studies, and a communications classified RCFas a probable human findings from an ongoing worker program. EPA is particularly encouraged carcinogen. A major animal inhalation epidemiology study, an analysis of by the commitment of R~FCto monitor study usingkaolin, the most common substitutes, and comprehensive workplace exposurestoRCFs, and to type ofRCF, has shown a positive exposure data. This is an ongoing look for ways to reduceexposures. EPA tumorigenic response in rats and investigation that will notbe complete believes that such a program is a hamsters, with 35 percent of the until the Agency has sufficientdata to significant step towards the reduction in hamsters exposed to kaolin RCFs determinewhether RCFs pose an the risk of RCFs. Results from the developing pleural mesothelioma, and unreasonablerisk. exposure testingconsent order should 13 percent of the rats exposedto kaolin During the acceleratedreview, one help determine the effectiveness of RCFs developing adenoma-carcinomas. area identified as needing additional industry’s stewardship of RCFs. Additional results from this study also 28518 Federal Register I Vol. 58, No. 92 / Friday, May 14, 1993 I Rules and Regulations indicate the development of pleural and samples) as well as from their silica sample will be analyzed by pulmonary fibrosis in both rats and customers’ facilities (400 samples). The NIOSH Method 7500 which specifies hamsters exposed to kaolin RCFs. In samples will be collected from the procedures to follow for determining addition, this studyhas shown employees engaged in all aspects of RCF silica exposure. fibrogenic and tumorigenic responses in production and use. All testing will be conducted in rats exposed to other types of RCF. See Eight functional activity categories accordance with the samplingand the docket for the November 21, 1991 have been defined for the monitoring. analytical protocols set forth in section 4(f) Federal Register Notice, 56 The eight categories are: Fiber Appendices 1, 2,3,4,5, and 6 of the FR 58693, for references to these production (manufacturing sector only), Consent Order. RCFC has agreed to meet studies. finishing, installation, removal, with EPA every 6 months to review data assembly operations, mixing/forming, submissions and discuss whether test IV. Testing Consent Order Negotiations auxiliary operations, and other activities standard modifications are necessary. On September 2, 1992, EPA held a (which include papermaking, Modifications to the Consent Order will public meeting to initiate negotiations of production of textiles, and automotive be governed by 40 CFR 790.68. the Consent Order, pursuant to 40 CFR activities). The last seven categories are part 790. The meeting brought together for manufacturing, processing, and end- VII. Reporting Requirements the three primary domestic use sectors, These categories were The signatories of this Consent Order, manufacturers of RCFs (the RCFC intended to cover all RCF-related through RcFC. will submit monitoring member companies), as well as workplace activities. The customers to data every 6 months beginning 6 months representatives from processor and user be selected will include those selected after the initiation of testing. The groups, organized labor, and fiberglass at random and those who specifically signatories agree to meet with EPA no and rock wool manufacturers. request monitoring. later than 45 days after the submission The primary goals for the workplace RCFC has also agreed to monitor silica of the data to review the data exposure monitoring program (as well as R~Fs)exposuresto workers submission collected according to the developed in the Consent Order, are to involved in the after-service removal of Consent Order. The signatories will provide