Document 3eBkRQ04xob0L3zq1MRaL1ZpD

Interoffice Memo Hoechst Celanese PLAINTIFF'S EXHIBIT August 25, 1989 TWS-89-53 Distribution Toe Scott Charlotte 264 40 CFR Part 763 - Prohibition of the Manufacture, Importation, Processing and Distribution in Commerce of Certain Asbestos Containing Products Distribution: Doug Morris - Shelby Dave Smith - Salisbury Bob Williams - Celriver Tom Johnson - Celco Gary Ille - Cape Industries Ricky Smith - Charlotte 466 Bob Narvaez - Gree^r Please find the attached EPA final rule banning the manufacture, processing, importation and distribution ir. commerce of certain asbestos-containing products. The tan is to be implemented in three stages. Stage 1 Manufacture, importation and processing of the following asbestos containing products must cease by August 27, 1990: flooring felt roofing felt pipeline vrap asbestos/cement flat sheet asbestos/cement corrugated sheet vinyl/asbestos floor tile asbestos clothing After August 25, 1992, the above listed Stage 1 products cannot be distributed in commerce. Stage 2 Manufacture, importation and processing of the following asbestos containing products must cease by August 25, 1993: beater-add gaskets sheet gaskets clutch facings automatic transmission components commercial and industrial friction products drum brake linings (as original equipment) disc brake pads for light and medium weight vehicles (as original equipment) Hoechst E HNA SH STEW 6467 After Aucrust 25, 1994, the above listed Stage 2 products cannot be distributed in comaerce. Stage 3 Manufacture, importation and processing of the following asbestos containing products oust cease by August 26, 1996: asbestos/concrete pipe commercial paper corrugated paper rollboard millboard asbestos/concrete shingle specialty paper roof coatings non-roof coatings brake blocks drum brake linings (replacement) disc brake pads for light and medium weight vehicles (replacement) disc brake pads for heavy weight vehicles (replacement) After August 25, 1997, the above listed Stage 3 products cannot be distributed in commerce. Discussion Even with OSHA's recent promulgation of 1926.58 and 1910.1001, EPA contends that individual risk remains higher than 1 in 1,000 of developing cancer for tens of thousands of people who work with asbestos products. Ambient exposures to non-occupational exposures are estimated at 40 million, and 19 million of those exposed to ambient asbestos incur lifetime risks of 1 in 10,000 or greater of developing cancers. The potential longevity of the risk posed by environmental loading was a major factor in EPA's decision to eliminate that risk at its source by banning most asbestos products. It is estimated that these banned products account for approximately 94 percent of the U.S. asbestos consumption. EPA has more concern about the continued use and exposure to asbestos than it has for the future replacement of asbestos in the products subject to this rule with other fibrous substances. Timing of these bans is based largely on the availability of suitable available or authorized non-asbestos substitutes for the banned products. Evidence received by EPA supports the conclusion that substitutes already exist or will soon HNA SH STEW 6468 exist for each of the products that are subject to the rule's ban. Impact of Ban on Operations As an end-user of some of the products included in the ban, our operations will be affected by the regulation, at least to some degree. For example, asbestos-containing gasket material is probably used at most, if not all, of our facilities, and there is probably good reason. In light of the ban, these gasket materials will be unavailable after August 25, 1994. Specialty gaskets are excluded from the ban. but the the criteria for exclusion are temperatures of 750F or greater, or corrosive environments (pH<2 of highly oxidizing mineral acids at temperatures above ambient). In the analysis performed to ascertain the economic consequences of the rule, EPA contents that the continued development of price- and performance-comparable substitutes for asbestos indicates that the rule will not lead to either dramatic increases to consumer prices or decreases in the availability of products affected by this rule. Based on our process specifications for gasket materials and Jim Stowe's preliminary assessment of cost differences for some gasket products used at his plant, I would question EPA's conclusion on prices and the economic impact on our maintenance operations. Although we have three years before any of the asbestos products are prohibited from distribution in commerce, it may be advisable to alert appropriate facility operations of the ban sometime in the near future to allow them time to assess the potential impact. If you have any questions regarding the asbestos ban, please call me at 2890. Attachment cc (w/o attachments) : C. A. Branney - Charlotte 264 B. T. Bowyer - Charlotte 264 M. B. Caldwell - Charlotte 264 Jack Kelley - Shelby Dow Perry - Salisbury Norman Culbertson - Celriver Roger Tankersley - Celco Carrol Whaley - Charlotte 466 Pem Carter - Charlotte 466 Bill Piercy - Greer Ben Fugitt - Spartanburg Jim Stove - Spartanburg Tom Scott HNA SH STEW 6469