Document 3OmkaQd0wnrRmOngZyOwoKan

ASBESTOS INFORMATION ASSOCIATION 1743 JufiBrson- Cfovls Highway, Crystal Square i. SuiIb S09 Arlington, Virginia 22202 * (703) B79 1150 nterest High In A1A/HA ndustry-Government Conference 31 August 1979 As previously announced (NfiN July), the Association will hold an Industry-Governmen: Conference on Sept. 19-20 in con]unction with its ninth annual meeting. Location of the Conference will be Stouffer1s National Center Hotel, Arlington, VA (five minutes from Washington National Air port on Jefferson Davis Highway). Over 100 attendees have already registered for this 2-day event which will include a wide variety of sessions and speakers with subjects of interest to the asbestos industry. Conference begins with lunch on Wednesday, Sept. 19. After noon program includes: construction work practices seminar conducted by E. M. Fenner, J-M Corp., and Chairman of l.J?Qlll.|.r j Association of " ' *i 'ii ntnr rilTM'-"* BrnAiuaEft. aSa^lient * Floor Covering Institute; rag,iT =* panai ^nmlri ) of Grover Wrenn (OSHA), Richard Guimond (ERA), Dr. Peter Freuss (CPSC), D. F. Billings (DOT); Dr. Aurel Goodwin (HSHA), and Dr, Armand Casola (FDA); and presentations by Dr. Marvin A. Schnsiderman, National Cancer Institute, and Dr. John Froines, NIOSH. Dinner speaker will be Dr. Richard Gaze, Chairman, Executive Committee, Asbestos International Association. Program for Sept. 20 begins with breakfast and will conclude following remarks of luncheon speaker. Participants in clude: Steven D. Jellinek, Assistant Administrator for Toxic Substances, EPA; John P, Power, representing Ouebec Asbestos Mining Association ? and The Honorable Mendel J. Davis, House of Representatives, U.S. Congress. In addition, a panel consisting of Drs. Hilton C. Lewinsohn, Corporate Medical Director, Raybestos-Manhattan, Inc., William Weiss, Professor of Medicine , The Hahnemann Medical College and fltm'PiLdl Ulf P.tladmphlg, jjul Enterlme, Chair man of Dept, of Biostatistics , Uni v. k ij review current developments m asbestos-health relationship. Guy G. Gabrielson, Jr., Chairman of the Board, Nicolet. and member of AIA/NA Executive Committee, will serve as conference chairman. Inquiries to AIA/NA's Executive Director welcomed. Inc., 004081 - PRODUCED BY FORD 105533 Page 2 Major Regulatory Initiatives Are Underway Within EPA And CPSC Both the Environmental ^Protection Agency and Consumer__ _ Product'Safety Commission ataf f 'are ^de^iopinqL'advance^ notices of1 proposed rulemaking l*. (ANFRMJ"' which'will' have/ major impact on the asbestos industryJ A draft copy of the ANPRM prepared by CPSC has been obtained. EPA (Office of Toxic Substances) has been conducting an investigation of asbestos for past several months as re ported in prior newsletter articles. June issue NSN re viewed presentation given by EPA's Deputy Assistant Admin istrator for Chemical Control, John P. DeKany, to AIA/NA directors at second quarter board meeting. Using authority of Toxic Substances Control Act (TSCA) EPA plans to evaluate exposure problems associated with all types of asbestos activities from mining, milling, and primary manufacturing to pnd product use and disposal, i.e. a life cycle or "cradle to grave" approach according to DeKany. Among actions that couldl be taken under TSCA, DeKany identi fied "bans on primary and'secondary manufacturing of pro ducts containing.asbestos;.bans on uses of asbestos-contain ing products; ..requirements.;, for disposals 'asbestos-cantaui--^ ing products; and labe1'ihgTrequirements*`for^asbesto3^contain1 lna Droriucrtrs . " Tr shnnl H be notsH rnnrpn-h nf me rmi s^ihl a In July, EPA contracted with GCA Corporation and Research Triangle Institute to prepare technical and economic analyses of asbestos respectively. These studies are essentials to a regulatory analysis for any future rulemaking proceed ings. Details of studies are described below: Technical Study (GCA) - Information obtained will be used as input for performing a risk assessment on asbestos ex posures; in addition to examining substitutes for ascestos, will provide estimates of asbestos emissions associated with mining, milling, manufacturing, processing, use, and dis posal of asbestos and asbestos-containing products; Phase I includes" evaluation of. human exposure associated with-asbestos papeaf1 pxoduct^sandrbrakfr^lininga; (estimates'wiiir concentrate . on release-, during installation and maintenance rather than* highway use) - ^r^^^regonttjjjeij^^^nior^I^^nd^^rLa^jr&oorl^ dueinfi^jnontl^^^KaseTTHInoniSesremainTng asbes^oT^con^^fflU^proSucTTswith schedule for reports yet to be determined. Economic Study (RTI) - Purpose is to investigate the probable economic effects which would result from implementation of con trols on certain use and exposure categories of asbestos pro ducts; Phase I includes asbestos paper products and labelling of friction products - draft report due in 4^j months and final report due m 6H months; Phase II includes remaining asbestoscontaining products with draft report due m 14 months and final report in 16 months. 004082 PRODUCED BY FORD Page 3 Iit conjunction witBf foregoing? that^ agency, also plarrsr. to-- develop- as-?otemt^np%jlCaaiwi-dcomaenfc,h t fo.Br fra^tjag^materiala which is pringipadJoEtexpected to address As to CPSC, news media report of alleged health hazard from asbestos in hair dryers which occurred Mar. 28, combined with related follow-on considerations and EPA's investiga tion of asbestos, has resulted m reopening of possible regulation of consumer products containing asbestos by this body. Prior to hair dryer incident, CPSC staff was pre pared to recommend "no further regulation at this time." Of interest is preliminary report that results of hair dryer tests performed by NIOSH at request of CPSC indicates that highest level of asbestos emitted by 30 appliances used is 0.04 f/cc. Final report from NIOSH is expected to be issued early Sept. CPSChs draf!rAMPlG4ret^~for-CTfiasETBgTi&atare'approachFth ,r#zSSl^lEtojrany-~asbeAto& fibaracfj&oia%cem anmeX- products presents- a-tiealfeiiMriatebgcfta--tattest9 stra^edPtS^S^i* ffir dit 0-J dd oe n a&efffeci&'S&aSl 6eiSbHh5 expo sura- t&- raspir abiar asBatov^f safe.." Furthar.tT-"The Commission., bal-ieve*i that.ad.i_nc essential-uses?of-:asbeatas^ihi copaama^ggagiacrtyr^npahs^ asbestos-ffher ^ conditions-off use-ti me ludin^nn. sasej In determining" whe the r~! a1 use oft dra-ftr- AHPBM1- states- Connnissiorr wild: cftwjwdyi^^-nnTnhofe.o-ir j factar_ including, i T***+. by the asbestos- in the' ni-- rfu~i~ ,,,, __ . ^oroduct or use of asbestos m thi*'producer and cost.and J y^availability^of- substitutes'* feer'-ttwasbestos".'"' <. Formal issuance of ANPRM's by EPA and CPSC is being closely coordinated. They are expected, to be published concurrently ^-m the Federal Register about mid-Octa Both will cover wide range orf issues and solicit commentts- for consideration prior to publication of any notices of proposed rulemaking by two agencies. y In anticipation of these regulatory initiatives, ALftr/KA has > . Arranged for and presented a technical review of asbestos-containing products and medical seminar on June 18 and Aug. 8 respectively at EPA headquarters. . FO rme d -1arrrhdJTTcA/rtfi3ifflBiTtitai fwaawfrrft ct*onrrmate-rigi a whifcl is cooperating- wtt!ri-E'P.J?c rrF-dwe-lo^mSitoferpfi^grvfttoh'b^r^rg'uidance document* ft q H iTJ fA ftli C t P^Tl [ f -------' . Submitted comments on a report prepared by a consult ing firm for EPA as part of agency's investigation of asbestos. EPA and CPSC participants m Association's Industry-Government Conference on Sept. 19-20 are expected to provide more infor mation on impending regulatory initiatives affecting the asbestos industry. ' 004083 PRODUCED BY FORD Page 4 OSHA Sponsoring National Conference On Occupational Disease In September In news release of Aug. 14, Dr. Eula Bingham, Assistant Secretary of Labor (OSHA), announced that OSHA will sponsor a conference focusing on problem of occupational disease titled "Lost in the Workplace: Is There an Occupational Disease Epidemic?" Conference is scheduled for Sept. 13-14 at Radisson Hotel m Chicago, IL. In addition to Dr. Bingham, agenda includes presentations by Secretary of Labor Ray Marshall; Dr. Irving Selikoff, Mt. Sinai School of Medicine; Dr. Paul Kotin, Senior Vice President, Johns-Manville Corporation; Dr. Barry Commoner, Professor of Environmental Science, Washington University; Mr. Anthony Mazzocchi, Vice President, Oil, Chemical and Atomic" Workers Union; Dr. Anthony Robbins, Director, National Institute for Occupational Safety and Health; Dr. Samuel Epstein, Professor, School of Public Health, University of Illinois; and Dr. Nicholas Ashford, Associate Professor of Technology and" Policy, Massachusetts Institute of Technology, among others. "Each year as many as 100,000 Americans die from diseases that can be traced to toxic exposure m the workplace," Dr. Bingham said m announcing the conference. "Yet many workers are unaware of the dangers they face or that the technology may exist to prevent occupational illness. We want to provide a forum for the media to hear and question speakers of a variety of persuasions and expertise." Conference will include speeches, films, worker testimony and panel discussions including a panel of reporters with experience m investigative journalism on occupational health issues. Some 3,000 invitations have been issued to journalists throughout the U.s. Subsequent to publication of program, American Industrial Health Council (AIHCJ contacted OSHA in effort to achieve more balanced perspective of issues. As result, Drs. Robert Scala, Exxon Carp. , Howard Kusnetz, Shell Oil Corp. , an3 William McCarville, Monsanto Corp*, have been added as partici pants. OSHA has also agreed to add an AIHC spokesman as a keynote speaker. For further information or conference registration contact Carol Parker, Office of Information and Consumer Affairs, OSHA, Washington, D.C. 20210; (2Q2) 523-3615. Presidential Authority To Override Regulatory Actions Sought On Aug. 14, American Bar Association called for enactment of legislation giving the President specific authority to override "critical" actions of federal regulatory agencies, both within and outside the Executive Branch. PRODUCED BY FORD 004004 DOT Makes Final Revision To -Asbestos Transportation Regulation Page 5 The Department of Transportation (DOT) , by publication in Federal Register of Aug. 16, has issued second modification to its final rule for transportation of commercial asbestos (N&N Dec. & tiar.) . This notice, published four days prior to the Aug. 20 effective date of final rule, allows use of dust and sift proof bags without pallets when transported by private carrier by highway. Secondly, if a load of dust and sift proof bags is too small for a single pallet, it may be shipped in strong outside fiberboard or wooden boxes. Finally, DOT has imposed a "grandfather clause" on ship ments of commercial asbestos made before the effective date of this regulation. If the initial shipment was made before Aug. 20, 1979, the asbestos may continue to be shipped in a non-con.forming manner until Deo. 31, 19 79. FPA Does Turnabout On sbestos And Schools EPA has reversed its prior position and granted petitions to initiate rulemaking to regulate asbestos containing materials in schools. Agency had previously denied petitions from Environmental Defense Fund (EDF) and State of New Jersey because it then believed the regulatory approach to be too time consuming and voluntary program was imminent. EDF responded by filing suit m the District Court for the D.C. to compel EPA to begin rulemaking. By notice in Federal Register of July 13, EPA announced its turnabout decision that regulatory program should be in itiated and run parallel to the voluntary technical assistance program announced in March. (N&N Mar.). In developing the rulemaking EPA will work closely with State and local officials to ensure that such will be supportive of actions taken in response to EPA's guidance program. In event that voluntary approach proves unsuccessful, EPA stated, the regulatory program will already be in place. EPA announced it will initiate rulemaking with publication m the Federal Register of an advance notice of proposed rulemaking {ANPRM) . The ANPSM, expected m early Sept., will solicit comment on complex, unresolved issues con cerning agency's use of the Toxic Substances Control Act m regard to control of friable asbestos-containing materials in schools. 004085 PRODUCED BY FORD Page 6 By granting the EDF petition, EPA took pains to add that it was only going so far as to agree to initiate a rule making. Agency has not decided on the ultimate form regula tory program will take. However, in a draft ANPRM EPA states it is not inclined to pursue an industry funding of the regulatory action because of legal problems associated with this approach. In addition, congressional efforts address asbestos in public schools. Senator Jacob Javits (R-NY) introduced a bill Aug. 2 (S.1658) which is similar to the present form of H.R.3282. No industry funding provision is included. As of yet no action is scheduled on S.1658. The next step for H.P.,32 82, introduced by Rep. George Miller (D-CA), is action by the whole House. An effort to amend this bill on the floor of the House so as to re-instate the industry funding provision reportedly will be made by Rep. Cecil Heftel (D-HT). It is not yet,known when H.R.3282 will reach the House Floor. OSHA's Generic Cancer Policy Close To PublicatjjilJ1ax------ Best information indicates that OSHA's much publicized generic cancer policy regulation will be issued m- Sept. Initial proposal was published in Federal Register on Oct. 4, 1977, followed by lengthy public hearing during, summer '7 8. Over 150 witnesses generated TM-im +hn_J-rrrTT'n "pages UT USStimbny to maxe this the largest record in OSHA's rulemaking history. AIA/NA commented on proposal and participated in public hearing. Association emphasized that recycling of existing health standards (including asbestos) would be inappropriate under generic proposal. Recycling is not expected to be a requirement of new regulation. Preamble of policy is reported to be 1,000 pages in length. OSKA has continued to use consulting firm of Clement Associates for work on this project. Final policy may not differ sub stantially from that proposed, i.e. toxic substances would be classified into one of four categories, with specific regulatory action to follow. Final policy ia not expected, to be- subjected to any further regulatory reviews likely., however,, that OSHA's generic policy will be challenged in tha courts^ 004086 > PRODUCED BY FORD