Document 2Rj1NqQ8D40pzRRE7rd7Q5G55

PLAINTIFF'S EXHIBIT V A3 A/C Pipe Producers Association ^0 Internal Correspondence Board of Directors iternationaL Affairs Committee fr/Jm /J* F* Welch, Vice-President June 22, 1984 DATE: SUBJECT U. S. Environmental Protection Agency (EPA) - Consideration to Ban A/C Pipe Reference: JFW correspondence, same title, April 13,1984 ACTION REQUIRED: Review for information Current Status Enclosed is a status report summarizing industry actions taken since mid-April. The Executive Committee approved Staff recommendations (page 7) and these tactics will commence immediately. Congressional Appropriations Committee Reports The House Appropriations Committee report (Enclosure 1, p. 3-4 in memorandum), admonishing EPA for its regulatory approach on asbestos, was rebutted by the Senate Appropriations Committee. Moveover, the Senate report (Enclosure 2) argues against the notion of crocidolite asbestos being more carcinogenic than chrysotile. UJS. Senate Correspondence re TSCA Authority The letter (Enclosure 3) from Senator Robert Stafford, Chairman of the Senate Committee on Environment and Public Works, to EPA Administrator Ruckelshaus points out that the Toxic Substances Control Act (TSCA) also may be used to regulate "unreasonable" occupational risks. The letter apparently was prompted by Office of Management and Budget questioning about the appropriateness of EPA regulating chemicals in the workplace, as well as Kirkland & Ellis' March 22 letter to the EPA Administrator, which makes the same argument. This is seen as a self-serving effort by EPA to endorse its TSCA regulation strategies for asbestos and other workplace chemicals. If you have any questions, please do not hesitate to call. JFW/bwm Enclosure cc: A. H. Kahn, Esq. Board of Directors L. Ambler / F. Layton / L. Taylors/ L. Cejudo J. M. Couture 0172062001 Chrono International Affairs Committee E. van der Rest D. Dorner A. Junes E. Costa G. Zaviezo J. Schmaus C. Barton F. Mansour H. Hudson R. Hobbs P. Hart A. Saoulis V. Pattabhi R. Jalan S. Al-Tarkait B. Dubois C. Saeng-Xuto R. Cairns J. Glanville M. Elola :M. Delcourt B. Giboin L. Doulbeau A. Lluch CAPCO JEN 0032977 Enclosure 1 6/12/84 . FOR: MEMBERS This excerpt will be of interest and--is invitad particular to your attention. BJP 98th Congress | HOUSE OF REPRESENTATIVES [ 2d Session } Report 98-803 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTINDEPENDENT AGENCIES APPROPRIATION BILL, 1985 May 23,1984.--Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. Boland, from the Committee on Appropriations, submitted the following REPORT together with ADDITIONAL VIEWS {To accompany H.R. 5713] The Committee on Appropriations submits the following report in explanation of the accompanying bill making appropriations for the Department of Housing and Urban Development, and for sundry-independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1985, and for other purposes. INDEX TO BILL AND REPORT Title I--Department of Housing and Urban Development................... . Title 11--Independent Agencies: American Battle Monuments Commission --;---------------------------Consumer Product Safety Commission................................................. Cemeterial Expenses, Army-............ -......................................... ......... Environmental Protection Agency........ ............................. -............... Council on Environmental Quality........ ---.............................. ......... Office of Science and Technology Policy............... ................ .... ......... Federal Emergency Management Agency.................................. -....... Consumer Information Center.................... -............. -........................ Office of Consumer Affairs............................-....................... ................ 34-897-0 Page number Bilt Report 23 U 15 15 16 16 17 16 17 19 25 19 26 20 27 22 32 22 32 CAPCO JEN 0032978 19 ^The committee generally supports EPA's increased empnasis on ; risk assessment in regulatory decisions, recognizing that some level of risk is inherent in virtually every substance and every activity. However, a marked departure from this balanced and well-rea soned approach to managing risk appears to be EPA's treatment of . asbestos. In past decades, extremely high occupational exposures to asbestos have had catastrophic health consequences to exposed workers. These effects are well-known and have led the public to automatically associate asbestos with disease and death. In fact asbestos is not a single substance, but a group of minerals : with different physical and chemical characteristics and biological ! activities. Many researchers believe that "white" asbestos, which j comprises 95 percent of all uses in this country, presents far less risk than other types. Moreover, there is no conclusive evidence of measurable adverse health effects produced by the inhalation of "white" asbestos at low nonoccupational exposures or from inges tion even at high concentrations. Recently, the asbestos-in-schools program has received wide at tention. However, EPA's handling of this problem has not encour aged rational or responsible risk management. Regulations require that parents be notified if "friable" asbestos is found, but EPA technical guidance is lacking on how school officials are to evaluate risks and select appropriate corrective measures. The potential for panic and overreaction is tremendous--leading to wasted resources and possibly higher asbestos exposures if complete removal is un dertaken in schools where modest containment measures are ap propriate. The committee urges EPA to provide more balanced and complete technical information to encourage more rational and less emotional responses to asbestos in schools. 20 The Agency's recent regulatory proposal for an immediate ban on asbestos in several major uses--with a complete phase-out over ten years--also perpetuates the' "one fiber can kill" perception that is an anathema to rational decision-making on managing risks. This proposal to ban all forms of asbestos would impose a huge cost on society. Yet EPA has not seriously considered the approach being taken by Great Britain, Canada and the Common Market countries of differentiating among the types of asbestos and ban ning only those types believed to present higher health risks. The committee believes it is essential for EPA to reconsider its approach to asbestos regulation and directs that before taking any further regulatory action restricting asbestos uses, the Agency do the following: --Clearly define the minerals classified as asbestos; --Fully evaluate the British, Canadian and European studies; --Develop mineral-specific assessments of relative health risk; --Evaluate epidemiological studies to identify the specific risks of "white" asbestos at low environmental exposures; and --Conduct animal studies to determine the biological activity and health risks of asbestos substitutes. CAPCO JEN 0032979 Enclosure 2 98th Congress X 2d Session S Calendar No. 967. SENATE Report 98-506 DEPARTMENT OF HOUSING AND URBAN DEVELOPMENTINDEPENDENT AGENCIES APPROPRIATION BILL, 19S5 June7 (legislative day, June6), 19S4.--Ordered to be printed Mr. Garn, from the Committee on Appropriations, submitted the following REPORT [To accompany H.R. 5713] The Committee on Appropriations to which was referred the bill (H.R. 5713) making appropriations for the Department of Housing and Urban Development, and for sundry independent agencies, boards! com missions, corporations, and offices for the fiscal year ending Septem ber 30, 1985, and for other purposes, reports the same to the Senate with various amendments and presents herewith an explanation of the contents of the bill. AMOUNT OF NEW BUDGET (03UGAT10NAL) AUTHORtTY Amount of bill as recommended in House Amount of change by Committee............. , Amount of bill as reported to Senate........ Amount of appropriations to date, 1984.... Amount of budget estimates, 19S5............ Over estimates- for 1985........... Under appropriations for 1984 Fiscal year logy 5S,436,496,500 -2,352.617.500 56.083.879.000 56.111.731.000 54.668.498.000 1,415,381.000 27,852.000 CAPCO JEN 0032980  The Committee strongly supports EPA's regulatory decisions regard ing the uses of asbestos, particularly its increased emphasis on address ing the problem of asbestos in schools. Scientific studies begining in die 1930's have documented the link between exposure to asbestos and var ious types of cancer and other'diseases. The House report is critical of EPA for allegedly failing to consider the approach being taken by Great Britain, Canada, and the Common Market countries. 'Hie data on which this approach rests suggests that the degree of risk resulting from ex posure to chrysotilc or white asbestos is not as great as that resulting from exposure to crocidoliic or blue asbestos and amositc or brown asbestos. The Committee notes, however, that other studies, such as the 1983 Consumer Product Safety Commission (CPSC) report, have reached different conclusions. In fact, the CPSC report concluded that evidence for a significant difference among the Important commercial asbestos varieties in their ability to cause lung cancer is weak. The re port also shows that animal studies consistently document that all three forms of asbestos are equally potent in producing lung cancer and mesothelioma. ` In addition, there is no known threshold level below which exposure to asbestos is considered safe. Moreover, evidence shows that children ; may stand an increased risk of developing disease from asbestos ex- posure due to the earlier period of life at which they are exposed. The i. question of providing financial assistance to school districts is currently being considered. Should such legislation pass, EPA's role in the asbes tos-in-schools program would be expanded. In the interim, the Commit tee believes that EPA should continue its present approach to the j asbestos problem.-The Committee is advised that EPA considers its * regulatory and enforcement activities concerning asbestos to be among . f its top 10 priorities.' The Committee directs that EPA continue its ef- i; forts, and that neither further regulatory actions restricting asbestos uses, nor its program of having school officials identify asbestos haz ards, should be delayed pending completion of further studies. Finally, the Committee provided an additional Sl.000,000 to under-. ` take additional asbestos-in-schools inspections. It is expected that these ; additional flmds could increase the number of inspections by about : 1,000 over the proposed level. ; CAPCO JEN 0032981