Document 156evgoKoNpYrYbYZEBbj0NXj

PLAINTIFF'S EXHIBIT I*1 A i 4-ni. t.t'pj c V COMMONWEALTH of VIRGINIA JAM'S B. KENLET, M.D. * C0***SA*0*C* _ Department of Health Richmond, Va. 23219 i The Honorable J. C. Buchanan Senator, Senate of VirginiaP.0. Box 1006 Vise, Virginia 2h293 September 19, 1979 Dear Senator: At this time I vould like to reiterate the position of this agency in regard to Senate Bill 806 vhich would prohibit the use of pipe containing asbestos. First, I vould like to take this opportunity to clarify any misunderstandings that may have resulted from our failure to attend or make comment at the subcommittee's public meetings. We felt that it was not appropriate for a state agency to participate in a meeting intended for public participation. For your information I an attaching my 26 January 1979 letter that originally expressed this same position and our objections. I have written a statement of our position to each legislative member of the subcom mittee and do so in order to allow more time at the public hearing for the lay public to express its views before the subcommittee. The policy, to which this Department will adhere unless directed otherwise or unless evidence develops to show a health related hazard exists, is that proper use of pipe containing asbestos is suitable for conveyance of'potable water. This policy is supported by all evidence available at present. This evidence and the latest word on EPA's position was summarized by an EPA scientist at a recent presentation at the national American Water Works Association (AWWA) meeting in San Francisco on 28 June 1979* Two members of my staff were present at this presentation vhich indicated no formal change in EPA's current policy of allowing the proper use of asbestos-cement (A/C) pipe. As you realize, many background contaminants are found in our sources of water. Many of these contaminants- are natural in their occurrence j therefore people are exposed by natural means to their effects. Asbestos is one such element and is present in varying amounts in all natural water sources. It has also been asubstance for which man has found many uses. The forms of use that cause inha lation of. asbestos fibers are now known to cause cancer. However, exposure of the human body through drinking water containing asbestos has not been linked with cancer. If it is shown that there is asbestos in drinking water, fibers from either geological erosion or from waste effluents can be filtered out or c CAPCO JEN 003264-6 2 minimized by a veil-operated plant. The release of fibers from A/C pipe can be controlled by conditioning the vater. Therefore, as vith pipes made of any material to convey any liquid, the proper selection of the pipe material, in conjunction vith the use of conditioning agents, vill determine the pipes suitable for bid in any particular vater project. The AWWA along vith the Asbfestos-Cement Pipe Manufacturers recognize this fact in their standards, publications and product literature. The negative results .from the 13 February 1979 Chesapeake study illustrates the suitability of A/C pipe for conveyance of certain vater as the results shoved asbestos in levels that are nonsignificant or belov detectable levels. - /`--V..').--\ v" . The Health Department regularly advises localities on the aggressiveness of their vaters and recommends a change in treatment practices if vaters are found to be corrossive. This action is part of the operating regulations for public vatervorks and is applicable to all presently operating vatervorks. Plans for proposed vatervorks or expansions must be approved by this Department prior to construction and operation; systems vith highly aggressive vaters are not currently encouraged to be vised unless proper conditioning of the vater is accomplished when using pipe materials that are subject to corrosion, i.e. cast iron, ductile iron, or asbestos cement. The arbitrary banning of asbestos cement pipe could indirectly cause health hazards in the Commonwealth by preventing the construction of needed projects. It could also, especially in many poor areas in the state, limit the needed replacement of inadequate vater supplies. The monies generally used to finance these projects are grant funds vith the local communities providing a small por tion. With the banning of A/C pipe this small portion could get much larger. So much larger that the projects could not be financed. For example, Mr. David Feld, Engineer vith Farmers Home_ Administration (FmHA), has been kind enough to provide us vith an estimate of the increased costs of vater projects if asbestos cement pipe vas not a bid option. The estimate is a conservative 10 to 20 percent; 10 percent on actual cost differentials and up to 20 percent on ripple effects from not having the competition of asbestos-cement pipe as a bid option. These figures would hold true for vater line construction throughout the state where A/C pipe is a legitimate bid option. As approximately eighty percent of all public vater systems serve less than 500 people, the greatest costs vill accrue to the smaller systems that can least afford any additional increases. These smaller systems are the ones that generally use smaller size pipes and the cost differentials for alternative pipe materials are greater at smaller sizes. Using the 1979 Dodge Guide, figures show that to construct a section of six inch pipeline of A/C pipe versus cast iron with slip on joints results in a cost dif ferential of 25 percent to use cast iron. To construct one mile of six inch line would cost an additional 8,150 dollars or another 1330 feet (one quarter CAPCO JEN 0032647 3 mile) of A/C pipe. If cast iron vith mechanical Joint vas used; an additional 29 percent increase, i.e., 9>66o dollars or another 1520 feet (one-third mile) of A/C pipe. FnHA lias also informed us that severe state requirements or regu lations have caused FmHA monies to he disallowed in the State of Kansas. This type of impact on our local communities must not be allowed unless a proven health hazard is evident. ......... In conclusion, the Health Department advocates proper use of asbestos-cement pipe until such time as there is clear evidence of related health hazards. We feel that the banning of this pipe as a bid option will unnecessarily raise costs, especially local, and prevent some needed projects from being construct- ed. ` .. ...... ; . j- As the agency responsible for the protection of public health in the '" Commonwealth, ve will be the first to take appropriate actions concerning the use of asbestos-cement pipe if convincing evidence comes to our attention that this type of pipe represents a hazard. Sincerely, JBK/TBG/djv James B. Kenley, M.D. State Health Commissioner CAPCO JEN 0032648