Document 2jVgGjpn0nX0yo6LV64GVBr7

( m ErttwaiWiia ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 26 June 1979 . Memorandum For: Subject: Forwarding of Minutes for Board of Directors Meeting, June 13, 1979 Enclosed please find the minutes for the Board of Directors meeting held Wednesday, June 13, 1979. Of particular interest will be the remarks of Mr. John P. DeKany, EPA, who was luncheon speaker. The Association is working closely with the Office of Toxic Substances, EPA, as assessments are being made regarding possible, further federal initiatives affecting the asbestos industry. representatives of AIA/NA and Association of Asbestos Cement Pipe Producers gave a general presentation to EPA and other agency officials on asbestos-containing products and their use in EPA's headquarters, June IS. A follow-up Associ ation -sponsored panel presentation to a similar audience covering the ashes t.os-health relationship is under consideration and may be scheduled in July. The next regular directors meeting and annual meeting of AIA/NA members will be held Wednesday, September 19, 1979, at Stouffer's National Center Hotel, 2399 Jefferson Davis Highway, Arlington, VA. An industry-government conference is planned in conjunction with the above meetings and will be held September 19-20. Details will be published in the near future. B. J. Prirgg <5? Executive Director Enclosure bjp/cn CAPC0 JUN2 9 1079 WHB RECEIVED CAP CO JEN 0011295 m ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Hiflhway, Crystal Square 4, Suite 509 Arlington, Virginia 22202 (703) 979-1150 BOARD OF DIRECTORS MEETING Ramada Inn Old Town Alexandria, VA June 13, 1979 Pursuant to notice, a meeting of the Board of Directors was held June 13, 1979, at the Ramada Inn Old Town, Alexandria, VA. The meeting was called to order at 9:00 AM. The following directors were present: George Barge W. H. Beasley Gordon Coats R. A. Cree (for R. A. Carlson) Brian H. Donner Thomas A. Dougherty Elisabeth Hanlin (for Dimitry Poutiatine) Clarence A. Herbst, Sr. A. R. Hooker B. J. Iwarsson A. C. Liggett Donald G. Magill, Jr. John H. Marsh Joseph T. Mooney, Jr. C. G. Morgan Adam Novak H. B. Rhodes, Dr. Eng. Sc. John Riopelle Jean-Francois Robert (for M. P. Carson) Kurt Schwarz Martin Sendecki (for N. E. DeCandia John Sheridan (for J. M. Ciskowski) Edward R. Zacharias Frank Zimmerman (for E. J. FitzGerald) Atlas Turner, Inc. Cement Asbestos Products Co. Calaveras Asbestos, Ltd. Special Asbestos Co-, Inc. Vermont Asbestos Group CertainTeed Corporation Johns-Manville Corporation Resinoid Engineering Corp. The Flintkote Company Abex Corporation Nuturn Corporation Hollingsworth & Vose. Co. Raybestos-Manhattan, Inc. Monsey Products Co. Continental Products Corp. Huxley Development Corp. Union Carbide Corp. The Bendix Corporation Asbestos Corporation, Ltd. Supradur Manufacturing Corp. Congoleum Corporation Jim Walter Research Corp. Molded Materials Co. National Gypsum Co. Others: Joseph A. Artabane, Esq., Cadwalader, Wickersham and Taft; Richard T. Davis, CPA, Frantz & Company, Chartered; J. Hammang, Vermont Asbestos Group; John Zacharias and Frank CAP CO JEN OOI1296 Betts, Atlas Turner, Inc.; J. E. Keith, Rostone Corp.; Alfred Shaines, P.T. Brake Lining Co., Inc.; John P. DeKany and Richard Guimond, EPA; B. J. Pigg and Richard Trachtman, AIA/NA staff. Minutes On motion, the minutes of the previous meeting, March 21, 1979, were approved as submitted. Financial Report The financial statement for the period ending May 31, 1979, was reviewed by the Executive Director and accepted on motion. Staff Report OSHA - An OSHA official has advised that staff review of the RTI-CONSAD consolidated report has been completed. Formal agency acceptance of the report is expected in the near future..-.It is expected that portions of the report will then be released. The consolidated.report does not meet the re quirements for a regulatory analysis. Schedule of any further, regulatory process regarding OSHA*s asbestos standard(s) remains unclear. ' The transfer of funds from NCI to OSHA in support of an Asbestos Information Program has not occurred. A request for proposal (RFP) will be published when funds are received. On May 17, .1979, Mr. Trachtman made a presentation to the OSHA Advisory Committee on Construction Safety and Health in Harvey, Illinois. The subject of his presentation was the role of work practices in safe handling of asbestos-containing products in the construction industry. EPA -As reported at last meeting, the Office of Toxic Substances continues its active review of asbestos. A meeting between AIA/NA representatives and OTS personnel was held May 30 in EPA headquarters. A follow--on presentation for EPA and other regulatory agencies is scheduled for June 18. The Technical Committee will meet on July 12 to prepare comments on the IIT Research Institute report titled "Exposure to Asbestos." Mr. John P. DeKany, Deputy Assistant Administrator for Chemical Control, EPA, will be the luncheon speaker at directors meeting today. The Environmental Defense Fund recently filed suit against.EPA for an immediate rulemaking to require inspection and repair of asbestos in public schools. ... CAPCO JEN 0011297 Page 3 U.S. Navy - Reference was made to a meeting between AIA/NA rep resentatives and U.S. Navy officials held May 10. The presenta-r tion for industry was given by Edmund M. Fenner, Johns-Manville Corporation, and chairman of the AIA/NA Technical Committee. CPSC - Corrective action proposals which were accepted by the Consumer Product Safety Commission in connection with asbestos in hand-held hair dryers were reviewed. NIOSH testing of hair dryers is still ongoing. Final results are not expected before August. CPSC's consideration of alternatives for asbestos-containing consumer products other than hair dryers was reviewed. A recent CPSC staff memorandum presented options including general/special orders to industry and an advance notice of proposed rulemaking. The Commission has not taken any action on these options. DOT - The Department of Transportation has revised its final rule on the transportation of commercial asbestos with pub lication of amendments in the Federal Register on March 29, 1979. The revised final rule, effective August 20, 1979, allows for a new, third alternative in commercial asbestos transportation: in bags which do not need to be palletized or unitized if they are within closed freight containers, motor vehicles or rail cars, loa'ded by the consignor and unloaded by the consignee. The Department of Transportation proposed a further system of labelling hazardous materials in transportation. Comments are due .on August 7, 1979. The Standards Advisory Committee will review the proposal. Congressional Activities - The "AsbestosSchool Hazard Detection and Control Act" (H.R. 3282) was referred to the Rules Committee on May 30, The controversial section 5(e) has been deleted. The House Education and Labor Subcommittee on Labor Standards chaired by Rep. Edward P. Beard (D-RI) held three days of hearings May 1, 2, and 8 on compensation for workers exposed to asbestos. Medical testimony was taken the first day of the hearing. Witnesses included Dr. Anthony Robbins, Director, National Institute of Occupational Safety and Health and Dr. Hilton Lewinsohn, Corporate Medical Director, Raybestos-Manhattan, Inc., Dr. Hans Weill, Professor of Medicine, Tulane University Medical School, testified on May 2. Also testifying on the 2nd were labor representatives including Sheldon Samuels, Industrial Union Department, AFL-CIO. The final day of testimony included as witnesses Captain D. F. Hoeffler, M.D., Director, Occupational and Preventative Medicine CAP CO JEN OOI 1298 Page 4 Division, Bureau of Medicine and Surgery, U.S. Navy, John A. McKinney and Dr. Paul Kotin, Johns-Manville Corporation, and plantiff attorney Robert E. Sweeney, Esq. The hearings on asbestos were one set in a series which the Subcommittee is conducting on compensation for a number of occupational diseases. Further hearings on asbestos worker compensation are scheduled for October in Providence, RI. Rep. Beard has stated he is preparing an asbestos worker compensation bill which, purportedly, will propose a ban of non-essential uses of asbestos. N.A.S. - It was reported that the National Academy of Sciences will most likely not request a financial contribution from AIA/NA in support of a proposed asbestos study. A $5,000 .contribution was approved at the last directors meeting, March 21 State Activities - Recent action of the California Occupational Safety and Health Standards Board on exceptions to the asbestos spraying prohibition and work practices with products containing asbestos was reviewed. The Virginia Board of Health approved a proposal classifying asbestos a Class I substance on May 24. This action will require an additional report from those establishments using in manu facturing or manufacturing 1000 kg/year of asbestos. .Initial Class I reports are not expected to be due before December, 1979. Resolutions Adopted 1. Messrs. Frank Betts and William F. Phifer were elected on motion as directors of the Association, having been appointed the designated representatives of Atlas Turner, Inc. and Safeguard Automotive Corporation respectively. 2. On motion, a general format for an industry-government conference to be held in conjunction with the AIA/NA annual meeting, September 19-20, was approved. Miscellaneous Other reports and discussions in accordance with agenda'. . Mr. John P. DeKany, Deputy Assistant Administrator for Chemical Control, EPA, was luncheon speaker. A copy of his remarks is enclosed. Other Business The next meeting of the Board of Directors will be held Septem ber 19, 1979, at Stouffer's National Center Hotel, 2399 Jefferson Davis Highway, Arlington, VA. CAP CO JEN 0011299 Page 5 Adjournment There being no further business, the meeting was adjourned at 11:25 AM. WB. J. Pigg Executive Director bjp/cn 25 June 1979 Enclosure CAP CO JEN 0011300 PRESENTATION TO THE ASBESTOS INFORMATION ASSOCIATION OF NORTH AMERICA . BY JOHN P. DEKANY DEPUTY ASSISTANT ADMINISTRATOR FOR CHEMICAL CONTROL ENVIRONMENTAL PROTECTION AGENCY JUNE 13, 1979 CAP CO JEN 0011301 Regulatory Investigation of Asbestos Under TSCA Thank you for inviting me to speak to you today about our work on asbestos in the Office of Toxic Substances. We at EPA have been concerned about the risks associated with human exposure to asbestos. These risks have been well documented. At the workplace we have seen increased incidences of lung cancer, pleural mesothelioma, gastrointestinal cancer, and peritoneal mesothelioma. Asbestos-related diseases have been reported in nonworker populations living and working in the vicinity of asbestos plants. We also have some evidence that the amount of asbestos fibers in the air has increased in some major cities. Regulations promulgated to date by EPA and other Federal agencies have only addressed selected asbestos exposure sources. Unfortunately .more and more exposure problems are being recognized in the universe of unregulated asbestos products and uses. For example, the Federal government' is now having to deal with two newly identified and unregulated exposure risks-- asbestos-sprayed materials already in place in all kinds of buildings and asbestos in hair dryers and other appliances. It is evident that our current case-by-case regulatory approach is not adequately addressing the total risk problem that we have with asbestos. 1 CAP CO JEN 0011302 EPA believes that a coordinated regulatory program to-deal with asbestos is necessary. The Toxic Substances Control Act (which we call TSCA) with its comprehensive and all-encompassing' authority over chemical substance activities provides the appropriate regulatory tool for handling asbestos exposure hazards. Therefore we in OTS recently began an extensive regulatory investigation under TSCA of asbestos. During this investigation we plan to evaluate the exposure problems associated with all types of asbestos activities from mining*, milling, and primary manufacturing to end product use-and disposal. .you are already familiar with the EPA school asbestos guidance program. We have sent a package of materials to public school districts and private schools throughout the United States to inform them of the problems that may exist in school buildings where sprayed asbestos-containing materials have been applied to structural building surfaces. We are also providing'technical assistance to the States and.school districts through our Regional Offices as part of this program. Over the summer months we look forward to an aggressive inspection program of schools. By mid-fall we will have collected and compiled preliminary data on the number of schools inspected and the number of problem schools where corrective action is required. Based on the outcome of our guidance programwe will be able to decide whether further action by EPA is required to assist the States in dealing with sprayed materials. CAP CO JEN 0011303 EPA was petitioned in December 1978 by the EnvironmentalDefense Fund (EDF) to require the inspection of all public school buildings in the country and to require corrective action where necessary. The Agency determined that it would be unwise to take immediate regulatory action and denied the petition. We beleived that a regulatory program with its many legal ramifications would not have been as immediately effective in controlling problems as the non-regulatory guidance program which the Agency initiated. EDF has now sued EPA in The United States District Court in Washington, D.C., challenging our denial of its petition and failure to initiate a rulemaking on asbestos-sprayed materials in school buildings. While it would not be appropriate for me to discuss this case in more detail at this time, clearly, the resolution of EDF's suit will have bearing on any future EPA regulatory action on asbestos. There are primarily six Federal Agencies involved in the regulation of asbestos--EPA> the Department'of Transportation (DOT), the Consumer Product Safety Commission (CPSC), the Occupational Safety and Health Administration (OSHA), the Mine. Safety and Health Administration (MSHA), and the Food and Drug Administration (FDA). Among these six agencies, approximately 20 regulations have been promulgated to control exposure to asbestos, from various sources. OSHA and the MSHA have established standards for workplace exposure; CPSC has banned the sale of consumer patching compounds 3 CAP CO JEN 0011304- and artificial emberizing materia?s, FDA has banned consumer use of garments made from asbestos textile and regulates the use of asbestos filters by the drug industry; DOT regulates the transport in interstate commerce of bulk asbestos fibers and asbestos-containing products. EPA has established visible air emission standards from major asbestos sources; prohibited the .application of certain materials such as sprayed asbestoscontaining material in buildings and- has prescribed certain work practice rules for sprayed asbestos-containing material removal; EPA has also set effluent limitations guidelines for manufacturing sources of a variety of asbestos product categories including asbestos cement pipe, asbestos cement sheet, asbestos paper, and asbestos roofing products. These many regulations have helped to correct specifically identified health and environmental asbestos hazards. However, they constitute case-by-case solutions to recognized hazards. We believe that with such a piecemeal regulatory approach, some significant exposure sources may have been overlooked' and the risks posed by some regulated sources may not be adequately reduced. Asbestos poses a difficult problem for the regulator. Because of its versatility and its many desirable performance characteristicsj asbestos is present in thousands.of commercial and consumer products. The multitude of diverse uses creates a large universe of different kinds of exposure risks to address. Asbestos also poses a difficult problem for the regulator in view 4 CAP CO JEN 0011305 of the.current technological limitations on measurement methodology coupled with the difficulties of determining precisely which physical or chemical characteristics of asbestos lead to unreasonable health hazards. Exposure is not limited to the workplace but is associated with consumer products, foods, drugs, and drinking water. Nature itself contributes to the contamination of our air and water by asbestos. Natural erosion and other natural processes cause asbestos to enter the environment, thus compounding our control problem particularly in the area of exposure source identification. EPA is concerned that the current Federal regulatory posture for such a ubiquitous substance may not be the most effective and reasonable way for the government to protect the public health^ In this regard TSCA offers a way to deal with the asbestos exposure problem in its entirety, building upon the successes achieved by previous regulatory actions and bridging gaps with . complementary controls where these regulations have not met with" success. Under TSCA, EPA will be able to examine all activities' and the inherent risksparticularly the combined risks posed by the manufacturing and end use of asbestos-containing products. There are many approaches that we can take under TSCA--bans on primary and secondary manufacturing of products containing asbestos; bans on uses of asbestos-containing products; requirements for disposal of asbestos-containing products; and labeling requirements for asbestos-containing products. We intend to review the whole universe of asbestos 5 CAP CO JEN 0011306 products. Considering the number of existing products, our investigation will be conducted in phases. Since we are still "in the investigation stage, I cannot comment in detail at this time on the phasing schedule or on the scope of each of the phases. For each regulatory phase we may take only one product category or we may cross several product category lines to regulate a collection of different products and uses. Among the criteria we plan to apply to select potential candidates for regulation will be high asbestos content, high releasability rate, nonessential products or uses, and' availability of substitutes. If you apply these criteria, potential candidates for the first regulatory phase clearly include products in the asbestos paper product category. After we select potential candidates for regulation, we will prepare a risk assessment to determine whether the asbestos exposure risk poses a public health hazard. Source emission data, fiber size and shape for fibers released from products, . conditions under which fibers are released, and the populations at risk will be evaluated using a life cycle analysis approach. By life cycle analysis we mean an evaluation of all CVeuUU.'to j.c exposures^beginning withmining and milling activities through end product use and disposal activities. We will look at exposures omanati-ng' from any of the activities covered in Section 6 of TSCA--manufacturing activities which in the language of TSCA are mining and milling of asbestos; processing activities which are primary and secondary manufacture of asbestos-containing 6 CAP CO JEN 0011307 products; distribution in commerce of asbestos-containing products, and use and disposal activities. For all of these activities we will consider the exposures of asbestos workers and their families; the exposures of the populations living and working in the vicinity of asbestos plants; and the exposures of product users. Obviously, with the thousands of products in use today and the accumulation of asbestos products in the environment over the past 40 years, large, diverse populations may be affected. For any given product or use unreasonable exposure risks occurring during the life cycle will be evaluated in light of the total, cumulative exposure risks occuring over the life cycle. For example, if the production steps for a product pose serious risks although the end product is found not to pose a. high risk, we may l determine, using the life cycle approach, that the risk is sufficient to consider the product for regulation. In the investigation of asbestos we intend to coordinate with the other concerned Federal agencies to ensure that there is no duplication of effort. EPA will lead the investigation under TSCA and will look to other agencies, particularly OSHA and CPSC, for assistance and cooperation in our investigation and for ways in which we can assist them in their regulatory programs. The same will hold true within EPA where several program offices have regulated asbestos or are reviewing some aspect of the asbestos exposure problem--the Office of Air Quality Planning and Standards, the Office of Water Planning and Standards, the Office 7 CAP CO JEN 0011308 of Drinking Water, the Office of Solid Waste, and the Office of Research and Development. We are interested in minimizing the duplication of data and in assuring data quality and uniformity particularly in view of the difficulties with which we are faced of measuring exposure levels in the air and water and establishing releasability rates for asbestos products. In this regard we intend to pursue a coordinated effort among the responsible EPA offices as well as with other agencies. We will engage both technical and economic contractors to gather and compile data during our investigation. The technical contractor will have responsibility for conducting exposure and emission studies and evaluating methods and procedures for reducing asbestos exposure. The technical contractor will also conduct performance evaluation studies of potential substitutes. The economic contractor will prepare industry profiles and prepare the socio-economic impact studies required by Section 6 of TSCA. These studies will include an evaluation of the benefits and availability of substitutes and an estimate of the social and overall economic impact of different types of control programs. By late summer we intend to publish an Advanced Notice of Proposed Rulemaking or what we call an ANPRM. This ANPRM will briefly state our intention to initiate a comprehensive regulatory investigation of all kinds of asbestos exposures and will describe the basis for our concern and set out our internal 8 CARGO JEN 0011309 priorities. A list of questions addressing key issues will be included. We invite you to respond to the ANPRM by providing answers to or comments on these questions and any relevant information that has bearing on our investigation. In order to gather all the information and data necessary to complete our regulatory investigation we may promulgate a TSCA Section 8(a) reporting rule. With an 8(a) rule we can require manufacturers and processors to submit information and data on the types of products they manufacture, intended uses, fiber content and fiber type, and emission and exposure data for the different stages of the product life cycle. We hope that the contractor studies, responses and comments to the ANPRM, and informal acquisition of data will preclude the need to promulgate an 8(a) .reporting rule. We are, however, planning to require under Section 8(d) of TSCA that manufacturers, processors, and distributors of asbestos-containing products submit unpublished or ongoing health and safety studies to OTS. This requirement will enable us to obtain a comprehensive compilation of exposure, health effecs, and epidemiological data. The Section 8 (a) rule is scheduled for proposal this summer. We seek your cooperation in dealing with this serious environmental and health problem. We recognize that many asbestos products may not have suitable substitutes or may have essential uses. We look to industry to help us identify these products. OTS is interested in developing an effective 9 CAPCO JEN 0011310 regulatory program that will address the asbestos exposure problem as a whole, and serve to protect .the large populations which may be at risk from unnecessary'exposures. We hope to carry out our goal in a reasonable manner without causing any undue hardship on industry or the public._ Therefore, EPA would like to rely on industry cooperation to provide us with the best information possible in this difficult task ahead of us so that we might strike just such a reasonable balance. Thank you for the opportunity to speak to you. I will be glad to answer any questions you might have. 10 CAP CO JEN 0011311