

[Federal Register: August 24, 2006 (Volume 71, Number 164)]
[Notices]               
[Page 50060-50062]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au06-53]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2006-0398; FRL-8086-6]

 
Release of Draft Brochure on Current Best Practices to Prevent 
Asbestos Exposure Among Brake and Clutch Repair Workers; Notice of 
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of availability.

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SUMMARY: EPA is announcing the release of a draft brochure entitled, 
Current Best Practices for Preventing Asbestos Exposure Among Brake and 
Clutch Repair Workers. This brochure, when finalized, is intended to 
provide information for automotive professionals and home mechanics on 
preventing exposure to brake and clutch dust that may contain asbestos 
fibers. The draft brochure summarizes work practices that may be used 
to avoid asbestos exposure and identifies pertinent Occupational Safety 
and Health Administration (OSHA) regulatory requirements for 
professional automotive mechanics, which are found at 29 CFR 1910.1001, 
specifically paragraph (f)(3) and Appendix F. These same requirements 
also are contained in EPA's Worker Protection Rule, found at 40 CFR 
part 763, subpart G, which applies to State and local government 
employees who perform brake and clutch work in States without OSHA-
approved State plans. The draft brochure also provides related 
information for home mechanics to consider. When finalized, this 
brochure will update and supercede the existing document entitled, 
Guidance for Preventing Asbestos Disease Among Auto Mechanics (EPA-560-
OPTS-86-002), commonly referred to as the ``Gold Book.'' The public is 
encouraged to provide comments to EPA regarding this draft brochure, 
which can be found at http://www.epa.gov/asbestos.


DATES: Comments must be received on or before October 23, 2006.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPPT-2006-0398, by one of the following methods.
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the on-line instructions for submitting comments.
     Mail. Document Control Office (7407M), Office of Pollution 
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200 
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA 
East, Rm. 6428, 1201 Constitution Ave., NW., Washington, DC. Attention: 
Docket ID Number EPA-HQ-OPPT-2006-0398. The DCO is open from 8 a.m. to 
4 p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the DCO is (202) 564-8930. Such deliveries are only accepted 
during the DCO's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2006-0398. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
at http://www.regulations.gov, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the 
regulations.gov index. Although listed in the index, some information 
is not publicly available, e.g., CBI or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov, or in hard copy at the OPPT Docket, EPA 

Docket Center (EPA/DC), EPA West, Rm. B102, 1301 Constitution Ave., 
NW., Washington, DC. The EPA Docket Center Public Reading Room is open 
from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone

[[Page 50061]]

number for the Public Reading Room is (202) 566-1744, and the telephone 
number for the OPPT Docket is (202) 566-0280.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby 
Lintner, Regulatory Coordinator, Environmental Assistance Division 
(7408M), Office of Pollution Prevention and Toxics, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (202) 554-1404; e-mail address: 
TSCA-Hotline@epa.gov.

    For technical information contact: Tom Simons, National Program 
Chemicals Division (7404T), Office Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-0517; e-mail 
address: simons.tom@epa.gov or Robert Courtnage, National Program 
Chemicals Division (7404T), Office Pollution Prevention and Toxics, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (202) 566-1081; e-mail 
address: courtnage.robert@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you conduct 
automotive repair work. Individuals covered by this action may include 
those in the professional automotive repair industry, State and local 
government employees who perform brake and clutch work in States 
without OSHA-approved State plans, and people performing do-it-yourself 
automotive repair. In addition, those involved in the manufacture and/
or import of automotive brake and clutch products that may contain 
asbestos, and those involved in regulatory compliance may be affected 
by the notice.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. To determine whether you or your business may be affected by 
this action, you should carefully examine the applicability provisions 
in 29 CFR 1910.1001, specifically paragraph (f)(3) and Appendix F or 40 
CFR part 763, subpart G. If you have any questions regarding the 
applicability of this action to a particular entity, consult either 
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed CBI. In addition to one complete 
version of the comment that includes information claimed as CBI, a copy 
of the comment that does not contain the information claimed as CBI 
must be submitted for inclusion in the public docket. Information so 
marked will not be disclosed except in accordance with procedures set 
forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at the estimate.
    vi. Provide specific examples to illustrate your concerns, and 
suggested alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. What Action is the Agency Taking?

    EPA is announcing the release of a draft brochure entitled, Current 
Best Practices for Preventing Asbestos Exposure Among Brake and Clutch 
Repair Workers. This brochure, when finalized, will provide information 
for automotive professionals, including State and local government 
employees who perform brake and clutch work, and home mechanics on 
preventing exposure to brake and clutch dust that may contain asbestos 
fibers. The draft brochure summarizes work practices that may be used 
to avoid asbestos exposure and identifies pertinent OSHA regulatory 
requirements for professional automotive mechanics, which are found at 
29 CFR 1910.1001, specifically paragraph (f)(3) and Appendix F. EPA's 
Worker Protection Rule, found at 40 CFR part 763, subpart G, contains 
identical requirements and applies to State and local government 
employees who perform brake and clutch work in States without OSHA-
approved State plans. The draft brochure also provides related 
information specifically for the consideration of home mechanics, who 
are not subject to the OSHA (or EPA) work practice standards. When 
finalized, this brochure will update and replace the existing document 
entitled, Guidance for Preventing Asbestos Disease Among Auto Mechanics 
(EPA-560-OPTS-86-002), commonly referred to as the ``Gold Book.'' The 
public is encouraged to provide comments to EPA regarding this draft 
brochure, which can be found at http://www.epa.gov/asbestos.

    Asbestos is the common name given to a number of naturally 
occurring mineral fibers that have been used in manufactured goods due 
to their high tensile strength, resistance to heat, and chemical 
stability. Because of these properties, asbestos fibers have been used 
in a wide range of manufactured goods, including roofing shingles, 
ceiling and floor tiles, paper and cement products, textiles, and 
coatings and friction products such as automobile clutch, brake, and 
transmission parts. Exposure to asbestos is potentially harmful to 
human health if microscopic asbestos fibers, released into the air when 
asbestos is disturbed or in poor condition, are inhaled into the lungs. 
Asbestos exposure has been associated with a number of serious health 
problems and diseases, including asbestosis, lung cancer, and 
mesothelioma.
    In 2004, EPA contacted nine auto manufacturers that cumulatively 
accounted for over 96% of the light vehicles sold in the United States 
and asked whether they used asbestos brakes in new vehicles or 
replacement parts sold in the United States. All nine companies 
responded that they no longer sold asbestos brakes in new vehicles or 
as replacement parts in the United States. These responses did not 
address aftermarket brakes (replacement parts not supplied by the 
vehicle manufacturer). Aftermarket brakes that contain asbestos may, in 
some cases, still be available for purchase in the United States. 
Accordingly, while the use of asbestos in automotive brake and clutch 
products appears to be declining domestically, this remains a source of

[[Page 50062]]

potential asbestos exposure. EPA did not seek information on clutches 
because the Congressional inquiry to which the Agency was responding 
when seeking this information was limited to brakes. It should be noted 
that the aftermarket for clutches is significantly smaller than the 
aftermarket for brakes.
    This draft brochure contains current information and, when 
finalized, will supersede the currently available Guidance for 
Preventing Asbestos Disease Among Auto Mechanics (EPA-560-OPTS-86-002). 
The purpose of the brochure, once finalized, will be to provide the 
public and workers involved in brake and clutch repair work with a 
simple, easy-to-understand summary of the OSHA work practice standards, 
which are mandatory for certain professional automotive mechanics. Also 
discussed in this brochure is EPA's Worker Protection Rule, which 
contains identical requirements, and is mandatory for State and local 
government employees who perform brake and clutch work in States 
without OSHA-approved State plans. EPA believes that home mechanics 
also may benefit from information discussed in the brochure regarding 
these work practice standards and additional advice on steps they can 
consider taking to prevent possible asbestos exposure when working with 
asbestos-containing friction products. Neither the draft nor final 
brochure is intended to provide comprehensive technical information 
regarding work practices, or a comprehensive assessment of the possible 
health effects from exposure to asbestos in brakes and clutches. 
Additionally, neither the draft nor final brochure is a substitute for 
any applicable legal requirements, or a regulation. Thus, they do not 
impose legally binding requirements on any party, including EPA, 
States, or the regulated community. Interested professional mechanics 
engaged in commercial brake and clutch repair are encouraged to contact 
OSHA regarding compliance with the mandatory work practice standards 
highlighted in this draft brochure (http://www.osha.gov). Similarly, 

interested State and local government employees who perform brake and 
clutch work in States without OSHA-approved State plans are encouraged 
to contact EPA regarding compliance with EPA's Worker Protection Rule. 
Finally, home mechanics may contact EPA with any specific questions not 
addressed in the brochure by visiting the EPA asbestos website at 
http://www.epa.gov/asbestos.

    EPA is seeking public comment on all aspects of the new brochure's 
design and content. This includes the tone of the brochure and the 
extent to which the current wording and design tend to support its 
effectiveness as an educational tool. One issue that EPA has considered 
is the need to balance technical accuracy with clarity and freedom from 
overly technical terminology, while still maintaining consistency with 
the OSHA mandatory work practice standards and the identical 
requirements contained in EPA's Worker Protection Rule. The extent to 
which the current draft is clear and understandable is of primary 
concern to the Agency. In designing the layout of the brochure, EPA has 
been aware of the need to develop a dynamic and engaging document while 
ensuring that the brochure can be easily and inexpensively reprinted. 
This approach has led the Agency to incorporate a layout and 
illustrations that anchor many of the brochure's key points while 
providing visual interest. EPA requests comment on whether the draft 
images may be altered in any way to increase their effectiveness.
    EPA welcomes all comments and suggestions for improving the draft 
brochure and will, where appropriate, incorporate changes to the final 
brochure. However, EPA does not plan to develop or publish a formal 
document that summarizes and responds to the comments received. EPA 
will announce the availability of the final brochure through a future 
Federal Register notice and, once finalized, the brochure will be 
available on the EPA asbestos website at http://www.epa.gov/asbestos.


List of Subjects

    Environmental protection, Asbestos, Automotive brake and clutch 
repair, Health.


    Dated: August 17, 2006.
James B. Gulliford,
Assistant Administrator, Office of Prevention, Pesticides and Toxic 
Substances.

[FR Doc. E6-14057 Filed 8-23-06; 8:45 am]

BILLING CODE 6560-50-S
