Document 1g8EbYmZxZZRwOLn0da1Nd2Km

drom cIke (Desk <9/ -- I. L. TAYLOR VICE PRESIDENT SALES AND MARKETING vVjjHUL- / <S\ ' -f, . ' , jfA~OV- /< V .' SAbSL*. JMr /, A CAPCO JEN 0032153 A/C Pipe Producers Association Interna! Correspondence date: December 18, 1975 OSHA: Occupational Standard for Exposure to Asbestos As a follow-up to yesterday's memo, enclosed you will find a copy of a communique received this morning from AIA outlining their pro posed actions regarding the development of industry comment on OSHA's revised asbestos standard. This represents the first formal and sub stantive input from AIA on their plans for rebuttal. It includes what input they would like provided and by what means. AlA's proposed plan of action appears to be comprehensive and well thought out. I recommend you read it thoroughly and discuss its contents/implementation v/ith your corporate representative to AIA. One immediate question that is raised is whether AACPP through the Manufacturing Work Practices Committee should continue to develop, as previously recommended, a coordinated Association brief for the A/C pipe industry or whether individual member companies should provide the necessary, and identical, feasibility data directly and solely to the outside consultant selected by AIA (i.e. Roy F. Weston, Inc.). This question needs immediate resolution to prevent further delays and/or dilution of effort in assembling the data. Consequently, I herewith request that Davis Weaver as Chairman of the Manufacturing Work Prac Committee immediately poll Committee members to determine their druti Regardless of what course of action is chosen, I would further ask ft the results of the poll be immediately communicated both to Counsel Kahn) and AACPP (J. C. Jackson). AIA in the enclosed memorandum indicates need for financial . support. Since AACPP is not a member of AIA but does have a vested interest in the eventual promulgation of the OSHA asbestos standard, I believe it propitious to propose to the members of AACPP's Executive Committee, copied on this transmittal letter, that a decision on possible financial support be resolved at the earliest possible date. So that as little time as possible elapses before I communicate our intentions to AIA, I would ask Messrs. Blankenship, E. Taylor, L. Taylor, Smith and Barge to let me have their decision either by telephone or letter no later than January 9, 1976. Further, to focus the decision on a speci fic dollar amount, staff recommends that AACPP dedicate SO percent of the 1976 Medical Advisory Committee budget (i.e. $7,500) for this purpose. If any of you have questions, please give me a call. I do plan to be out of the office from December 25, 1975, to January 1, 1976. However, since the OSHA standard carries the highest priority, if you must reach me, please do not hesitate to call my home (703-534-0972). JCJrmcm cc: Executive Committee, A. Kahn, H. Olson, P. Kotin. CAPCO JEN 0032154 ASBESTOS INFORMATION ASSOCIATION NORTH AMERICA 1660 L Street. N.W. / Washington. D.C. 20036 / (202) 223-4885 ED O AD 17 December 1975 Memorandum For: Executive Directors, Asbestos Interest Associations Subject: Proposed Revision to OSHA Regulations, Occupational Exposure to Asbestos Though I have talked with most of you and in some instances met with you and members of your Association in connection with AIA/NA proposed actions regarding subject, I would like to review for you what we are doing and to indicateto you how your Association and its individual members can participate (or are participating). The AIA/NA plan of action is briefly as follows: 1. We will prepare an industry response to the proposed re vision to the.asbestos regulation. Guy G. Gabrielson, Jr., Chair man of the Board, Nicolet Industries, Inc., is serving as the task force chairman of the AIA/NA for the industry response. 2. In addition to member companies, non-member companies and their unions throughout the nation on all levels of in dustrial usage of fiber are being invited to participate in the development of the presentation. ' 3. The Association's medical advisor, Dr. Hans Weill, will prepare a report reviewing and analyzing the present state of . knowledge concerning asbestos and health. A. The consulting firm, Rcy F. Weston, Inc., West Chester, PA., will conduct a survey of participating companies and prepare a re port on the technological feasibility and economic impact of the proposed regulation. ( All engineering, cost and marketing information required for the 'feasibility/economic report will be gathered by Roy F. Weston, Inc. only. Correspondence and data will be coded; will be summarized and analyzed by their persons alone and at the con clusion of the study, all questionnaires used and call reports gener ated will be either returned to participants or destroyed.- Files will be so arranged that no specific piece of information or ex pression of opinion can be distributed to any particular company. In no event will any basic data be passed from one participating company to another.) 5. An informal groups of qualified persons representing differ ent segments of the industry will prepare a summary of the medical and feasibility/oconomic reports and draft an industry recommendation. I" CAPCO JEN 0032155 Page 2 6. A meeting of representatives of all participating com panies and unions plus pertinent trade associations will be held during the first week of February 1976 to vote for or against endorsement of the medical report, the feasibility/economic re port and the summary and recommendations. 7) The Association will submit to the Department of Labor, on behalf of all endorsing companies, trade associations, and unions (names to be listed), the medical report, the feasibility/ economic report and the summary and recommendations. , '. We hope that you will encourage your members to participate in the program and to make financial contributions to defray the costs of this endeavor through membership in the AIA/NA or as they may see . fit. We seek the support of your association in the development of our presentation and will, of course, consult with you as we progress. The thrust of the effort as you can see is collective response through individual company in-put. Each of your associ ations may wish to present the case of its industry segment. We hope that you will share your.positions with us that the overall presentation may be complete and in no way contradictory within the ^industry. Representatives from CONSAD, the Pittsburgh consulting firm on contract to OSHA for the inflationary impact study, met with our board members on December 11. Theirs is a difficult task, more complex than the study we are making. We have assured CONSAD of our cooperation in their efforts. . I enclose a clipping from today's Federal Register which advises that the date for submission of comments on the proposed revision to the OSHA standard has been extended to February 9, 1976. A decision to ask for additional time has not been made by AIA/NA at this writing but clearly we have a tremendous task to accora-. plish in a very brief period of time. We shall keep you informed of our work, possible changes in time schedules, etc. We look to your assistance and welcome your comments. R. H. Mereness Executive Director Enclosure Distribution List Attached i *i CAPCO JEN 0032156 Distribution List: American Public Transit Association Asbestos Cement Pipe Producers Association Asbestos Textile Institute Asphalt Roofing Manufacturers Association Automotive Parts Rebuilders Association Fluid Sealings Association Friction Materials Standards Institute Gypsum Drywall Contractors International National Insulation Contractors Association National Paint & Coatings Association Resilient Tile Institute Thermal Insulation Manufacturers Association ii CAPCO JEN 0032157 proposed rules 5S157 SS458 DEPARTMENT OF LABOR Occupational Safety and Health Administration dress. All written submissions received will be made a part of the record. In all other respects, the terms of the original notice remain in effect. 29 CFR Part XSIO] 2. Corrections. In FR Doc. 75-26561, (Docket No. H-033] OCCUPATIONAL EXPOSURE TO ASBESTOS appearing in the Federal Recxstek of October 9, 1975, it is necessary to make the following corrections: 1. On page 47653. in the first column, Extension of TimeTo File Comments on lines 7-9 of the first full paragraph are Proposed Revision; Correction* corrected to read "industry (624,000 1. Extension of time. On October 9, 1975, notice was published In the Fed eral Recister (40 CFR 47652) of a pro posed revision of the occupational safety and health standard for exposure to asbestos, pursuant to the authority in sections 6(b) and 8(c) of the Occupa tional Safety and Health Act of 1970 (84 stat. 1593, 1599; 29 tJ.S.C. 655, 657) and 29 CFR Part 1911. Interested persons short tons), while 23 percent were used in nonconstruction. Approxi-" 2. On page 47653, In the first column, the second sentence of the fourth para graph is corrected to read as follows: "The Occupational Safety and Health Administration and the standards issued by it do not apply to working conditions in mining and milling operations to the extent that such working conditions are were given until December 8, 1975, to covered by regulations affecting occupa submit written data, views, and argu tional safety or health prescribed or ments regarding the proposed revision enforced by the Mining Enforcement and and to file objections thereto. In re Safety Administration of the Deoart- sponse to the notice, interested parties mentof the Interior." have submitted requests for an extension 3. On page 47653, in the third column, of the period within which to file com in line 31. the quotation is corrected by ments. The basis for the requests is that adding the word "suffer" after the word the issues raised by the proposal are com "will". plex, that additional time Is needed to compile relevant data and information regarding the proposed revision and that affected parties are also submitting com ments on other recently published OSHA proposals. The requesting parties state that additional time is necessary in order to submit appropriate comments on the proposed revision. OSHA finds these requests and sup porting rationale to have merit, and has decided to extend the period for the filing of comments and objections for approxi mately 60 additional days. Because of the 4. On page 47654, in the first column, line 15 of the third full paragraph, the reference "Selikoff, 1965:" Is corrected to read, "Selikoff, Hommond and Churg, 1965;". 5. In page 47654, in the third column, line 14 of the first complete paragraph, the year "1965" is corrected to read "1967".- 6. On page 47654, In the third column, line 14 from the bottom of the first full paragraph, the word "asbestosis" is cor rected to read "asbestos". need to prepare an infiationary Impact 7. On page 47655, in the first column, statement, this extension of .time will not line 11 of the fourth paragraph, the ref unduly delay the standards-setting proc erence "Enterline, 1972" is corrected to ess. Therefore, notice is hereby given that the period for submitting written read "Enterline, de Coufle and Hender son. 1972". data, views and arguments, as well as for 8. On page 47655, in the third column, the filing of objections and requests for line 5 of the second full paragraph, the an informal hearing on the proposed re date "1972" is corrected to read "1973". vision of the standard on asbestos, is ex 9. On page 47656, in the first column, tended from December 8, 1975 to Febru lines 2, 8 and 9 from the- bottom of the ary 9, 1976. As originally directed, such second full paragraph, the references material must be submitted in quad are corrected to read "Sheers and Tem ruplicate to the Docket Officer, Docket H-033 TT.S. Department of Labor, Room 27-3620, 3d and Constitution Avenue, HW, Washington, D.C. 20210 (Telephone 202/523-9076). The data, views, and arguments will be available for public Inspection and copying at the above ad pleton, 1963"; "Stumphlus. 1971". and "Rawcliffe, 1971", respectively. 10. On page 47659, reference 8, the name of "Nureweather, E.R.A." is cor rected to read "Mereweter, EJtA." 11. On page 47659, reference 9, the name "Dressen, W.C." is corrected to read "Dreessen, W.C." FEDERAL REGISTER, VOL 40, NO. 243--WEDNESDAY, DECEMBER IF, 1975 \sbestos Information Association North America 1660 L Street, N. ',V. WnchiRiifnn D R 9flfnR 12. On page 47660. reference 13, the name "Dozz, R" is corrected to read "Doll, R". 13. On page 47660, reference 15, the title ot the paper Is corrected by chang ing the word "Conjugal" to "Household Contact". 14. On page 47660, reference 19. the title of the paper Is corrected by chang ing the word "Research" to "Recent". 15. On page 47660, reference 21. the name "P. Marehand" Is corrected to read "P. Marehand". 16. On page 47660, reference 22. the name "Entlckwap, J.B." Is corrected to read "Enticknap. J. B.". 17. On page 47660, reference 23, the . entire reference is corrected to read: Borow, M, Conston, A., Livomese, L.I., and N. Schalet: Mesothelioma Follow ing Exposure to Asbestos: a Review of 72 Cases. Chest 64: 641-646 (1973). 18. On page 47660, reference 25, the city "Bristol" is corrected to read "Brighton". 19. On page 47660, reference 27, the name "Still,'P. M." is corrected to read "Stell, PAL". 20. On page 47660, reference 29, the publication year is corrected by chang ing "(1976)" to "(1970)". 21. On page 47660, reference 31, the date is corrected by changing "Septem ber 30. 1974" to "September 20, 1074". 22. On page 47660, reference 32, the name "Wester, I." is corrected to read "Webster, L" 23. On page 47680, reference 33, the name "It Davies" is corrected to read "T. A. Lloyd Davies". 24. On page 47660, reference 34 is to be added as follows: "Lillington, G.A.. Jampoe, R.W. and J.R. Differding: Conjugal Malignant Mesotheliomas. New Eng. J. Med. 291: 583-584 (1974)." 25. On page 47660, reference 38, In the title of the paper, the name "Wallheren" Js corrected to read "Welcheren". 26. On page 47660, reference 39, the name "Sherrs, G." is corrected to read "Sheers, G". 27. On page 47660, reference 40, in the title of the paper, the word "Plural" Is corrected to read "Pleural". 28. On page 47660, reference 41, the name "Wagner. J. K." is corrected to read "Wagoner. JJK." 29. On page 47660, reference 42, the name "Eolge, J-R." is corrected to read "Edge, J.R.", and in the title of the paper, . the name "Barrow-in-Fumances" Is cor rected to read "Barrow-ln-Fumess." 30. On page 47664, in the third column, the first sentence or paragraph "IT C" is corrected to read "Employees involved in clean-up operations where air concen trations are unknown should wear respi ratory equipment ns specified in Table 1 of the asbestos standard, which protects for up to at least 1000 times the limits in paragraph (b) of the asbestos standard." 31. On page 47665, in the second col umn, line 11 of paragraph 1(f) is cor rected by changing "50" to "1,000". (Secs. ft. 8, 84 SUL 1503. 1599 (29 tTS.C. 655. 657), Secretary of Libor's Order No. 12-71. 33 FR 8754, and 29 CFR Part 1911). Signed at Washington, D.C., this 10th day of December 1975. Morton Corn, Assistant Secretary of Labor. (PR Soc.75-34014 PUcd 12-16-75:8:45 mo] I _ '1 CAPCO JEN 0032158