Document 44DbbJq2gJjdd68VV8MYZ5pVV

e Chicago Office 200 Easl Randolph Drive Chicago. Illinois 60501 Telex 25-4361 312861-2000 To Call Writer Direct 202857-5018 KIRKLAND 8. ELUS Washington Office 1776 K Street. N.W. Washington, D.C.20005 202 857-5000 . August 13, 1981 Denver Office 1625 Broadway Denver. Colorado 80202 303623-3000 Edward A. Klein, Esquire Director Chemical Control Division Environmental Protection Agency 345 East Tower 401 M Street, S.W. Washington, D.C. 20460 . "~ . Dear Ed: OiT'behalf of the Asbestos Information Association/North America ("AIA/NA"), I would like to thank you. Dr. Todhunter and Deputy Assistant Administrator Clay for taking the time to meet with us on Monday. + The enclosed outline `of points attempts to respond to the questions raised by Dr. Todhunter and to include additional points raised by you in our meeting on July 10. I hope the enclosed materials- are helpful to your deliberations. I will be on vacation starting tomorrow until the first week of September, but if you have any questions please don't hesitate to call Bob Pigg or Tim Hardy. Sincerely, Edward V7. Warren Enclosure CAP CO JEN 0011892 OUTLINE OF POINTS POSSIBLE ANPRM FOR ASBESTOS I. UTILITY OF A NEW-ASBESTOS ANPRM . A. EPA-Industry Discussions over the Past Six Months Have Proved Fruitful. . 0 -' 1 Discussions have broken down inuch distrust on both sides. - -~/ .2 Both sides, have a better understanding of the risks and benefits of asbestos than previously. 3. Industry has backed off a "no regulation is needed" posture and EPA is no longer talking .about the draconian "ban".alternatives listed in the October 1979 ANPRM. 4. Both sides have suggested constructive steps to reduce unnecessary and potentially hazardous asbestos exposure in the workplace and non workplace environment. 5. At least the outlines of ail EPA asbestos regulatory package are beginning'to emerge. .6 Both sides recognize that any EPA regulation of asbestos, under TSCA is closely tied to how asbestos is regulated at the beginning of the asbestos "life cycle", namely-how asbestos is regulated by OSHA in the occupational setting. B. The Current ANPRM is Outdated. 1. The ANPRM, issued in October 1979, is nearly two years old and does not reflect EPA's current thinking or the many developments related to asbestos that have occurred since 1979. . 2. The ANPRM was- (perhaps understandably) diffuse in focus; now EPA knows far more and can state its regulatory intentions and data needs more specifically. . 3. The public, including industry, environmental groups, labor, and governments regulating asbestos around the world, could participate far more effectively in the regulatory process if EPA issues a new ANPRM reflecting its current thinking. CAPCO JEN 0011893 -2- C. " A Joint EPA-OSHA ANPRM is Necessary for the Government to Regulate Asbestos Effectively. 1. There is no natural cutoff between occupational and environmental exposure to asbestos; to consider occupational and environmental exposure separately inevitably leads to overlapping jurisdiction,and duplication of effort by OSHA "and ^PA^.;J4^|fe-. , 2. Governments around the world (the British" '^' ' "Simpson Report" is a good example) have begun to- look at all aspects' of asbestos as parts of a single problem. * 3. The "work practice" approach which has: been the subject of much EPA-industry discussion could only be implemented effectively if done jointly with OSHA. 4. A joint EPA-OSHA ANPRM for asbestos could set a far more useful precedent for interagency_ cooperation than the highly touted, but largely ineffectual, efforts of the Interagency Regulatory Liaison Group. D. A New Asbestos ANPRM Would Help Coordinate EPA's Own ' Asbestos Regulatory Efforts. 1. Apart from TSCA, EPA-is regulating or considering regulation of asbestos under the' Clean Air Act, i the Clean Water Act, the Resource, Recovery and * Conservation Act, the Safe Drinking Water Act and Superfund. 2. There is currently little coordination among these activities and considerable duplication of effort. -3. A new ANPRM could coordinate these disparate activities and allow EPA to speak with one voice on asbestos matters. 4. ' A new asbestos ANPRM could set an important precedent for how EPA can regulate across program lines in an efficient and cost-effective manner. CAP CO JEN 0011894 3* POSSIBLE CONTENTS OF A NEW ASBESTOS MJPRM A. State New EPA Direction, on Asbestos - Withdraw October 1979 EPA-CPSC ANPRM and the Ban Alternatives under Consideration at That Time. . l 1. Focus on work practices, labeling,' possible'll;-=' use restrictions, and substitution'.through market place incentives under TSCA. 2. Make focused data requests keyed to regulatory alternatives voider' active consideration by EPA. B. Announce Joint EPA-OSHA Regulatory Effort. 1. Set forth possible regulatory alternatives, emphasizing the benefits of a joint EPA-OSHA regulatory effort - a good example would be the benefits of joint EPA-OSHA work practices for construction industry use of asbestos-containing products. .~. 2. Explain whya joint EPA-OSHA regulatory effort makes sense. - See.I-C supra. C. Establish Interagency Peer Review Process to Review Asbestos Health Evidence. .. 1. Solicit from the public comprehensive literature reviews of all asbestos health evidence, including risk assessments for occupational and environmental exposure to asbestos. 2. Establish an interagency mechanism for peer review of the asbestos health evidence by independent scientists, including but not limited to epidemiologists and biological scientists who have conducted the key asbestos studies. D. Coordinate All EPA Regulation of Asbestos Through i One EPA Office. 1. Assign one EPA office the lead responsibility to coordinate all asbestos regulatory activities. 2. Withdraw asbestos water quality criteria and any similar documents or risk assessments that purport to be a comprehensive review of the asbestos health evidence until completion of the scientific peer review process described above. CAP CO JEN 0011895 E\ * Set Timetable for Completion of Joint EPA-OSHA Regulatory Process. 1. The public, including, industry, labor, and the environmental groups, has a common interest in completion of the asbestos regulatory process by a date certain. * a 2.. The issuance of a joint EPA-OSHA ANPRM !heed not slow and could accelerate the current EPA and OSHA timetables for regulating asbestos. 3.. A possible timetable might be something like the followingr .. a. EPA-OSHA ANPRM - October 193.1 b. Comments due on ANPRM including data base for independent peer review of scientific evidence - February-1982 c. Initiation of ..independent scientific peer review proces"s - April 1982 d. EPA-OSHA proposal - July 1982 e. Comments and any hearings required by law on EPA-OSHA proposal - July-'-October 1982 f. Completion of independent scientific peer review - October 1982 g. Final OSHA and EPA rules - March 1983 i,i, CAPCO JEN 0011896