Document 4J7z1MrrJREVObzZReQaDomKR

GHQ - September 22, 1971 J-M ENVIRONMENTAL HEALTH TASK FORCE H. M. Ball T. H. Davison, M.D. J. E. Hesse E. M. Fenner H. M. Jackson J. B. Jobe K. V. Lindell A. S. Marchant F. L. Pundsack W. P. Raines Ivan Sabour-n C. L. Sheckler F. J. Solon, Jr. A. C. Smith R. R* Standel M. M. Swetonic Carl Thompson W. L, VanDerbeek G. W, Wright, M.D. _ 24 \cTl. AIA/NA BOARD OF DIRECTORS AND ADMINISTRATIVE SUB-COMMITTEE George Barge . A. H. Fay R. Power Fraser W. Gatewood J. A. Rishel F. J. Solon, Jr. E. W. Swain 2. P. Stefl S. D. Weaver PLAINTIFF'S i EXHIBIT AIA - 4 2 S. M. Fi W. P. Rjones M. M.yswetonic L. Woodward Thompson ies Callaghan ILLINOIS POLLUTION CONTROL PROPOSED REGULATIONS Attached is a report on J&e meeting held last Friday with Mr. Barker of the Illinois Polluti/n Control Board staff. Dr. Colin Harwood of IITRI, Dr* George W. Wight and representatives of the asbestos industry. Plans are being worked out for testimony, on behalf of the AIA/NA, at one of the three scheduled public hearings, probably the one in Chicago* Because of its interest in connection with the Waukegan Plant and the recent adverse publicity in the Waukegan newspapers, Johns-Manville will also want to be represented, as an individual company, at the Waukegan meeting* Details of these arrangements will be forwarded as soon as possible* W* P* Raines 01-021829l HII/l AyO KNOWLTON, lire. June 15, 1971 MEMORANDUM TO: Mr* V. P. Raines Johns-Manvilie Corporation SUBJECT: Illinois Pollution Control Board -- Asbestos Regulations Here are the asbestos regulations proposed by the Illinois Pollution Control Board* Attached also you will find a brief sheet explaining the need for the proposed regulations* Neil Regan discussed the Illinois situation this morning with Tomothy Barker of the Illinois Pollution Control Board* Harker said that no hearings are scheduled as yet but probably would be within the next two months* Be told Regan he thought it would be unethical for to talk co of uuau Ufui Lii* hearings* For the record, the Illinois Pollution Control Board Chicago address and phone are as follows: 189 V* Madison Street, Chicago, Illinois 60603 (312-793-3620). t JDC:sdd Enclosure James 0* Callaghan cc: Matt Swetonle 01-0219 \ * R 71-16 \ \Aobestort and Spray Insulation \ xax o? PRoposm k::g;}ijv?io:is Science is pointing its medical finger at asbestos and describing the "niracie fiber'* a mineral whose coj-tnercial blessings can exact a rather costly toll. /Asbestos insula tion and factory workers exposed to heavy concentrations of asbestos fiber over prolonged periods have suffered dov.-: sea tl na. , consequences. They arc visited with en alarmingly nigh in cidence of asbastosis, which produces a diffuse-fibrouis of the lover lung, of lung cancer and of an extremely rare cancer of the iininc of the lung and abdomen, mesothelioma. The rates of lung cancer arc extraordinaryy high especially among asbestos workers who are smokers, indicating tho syner gistic potential of the mineral, fiber. The medical evidence as indefinite as to why asbestos 5s rtn^rtrn-. *,ith thma theories in vou^e: (1) The fibers once ingested or inhaled act as continous physical irritant, inducing a u:.tiwr after 20 to tvi years; f-M *mo contain carcinogens such as ben/.e (a) pyrene; (3) fibers'accumulate in the lung and remain immobilised ts "asbestos bodies" which cause cancer upon disintegration* Similarly, while the adverse effect of prolonged exposure to heavy concentrations of asbestos' is clcacy documented/ the medical data is disturbingly vagus .as to the results of longtern exposure to low and moderate concentrations* Nor is there a clear dose-time relationship for exposure to heavy concantrnv tions* In short, an with many `other environmental contaminants, the public has discovered too late that asbestos is potentially dangerous and too little of the extent of that threat. But two depressing facts' are agreed upon: Tnat millions of Americans arc likely to contain "asbescoo bodies" in their lungs and that asbestos fiber onco released is relatively indestruct ible. That is, the qualities of durability and of resistance to normal chemical and physical stress, which make asbestos such a commercial success, render it potentially dangerous to present and future generations because of the tendency of the fibers to accumulate in the atmosphere and in the lungs* In light of. these facts, tho PCS has proponed the nation's met comprehensive sat of asbofttos"'ccntro! s. To ban* all uses of asbestos would be "alumina" at its most clamorous* But ignoring 01-0218308 *4m A. 'i the need to explore and, perhaps, to adopt controls ior the significant contributors to a swelling- volume of asbestos fiber in our air would constitute a foolish complacency. To this end-, the suggested regulations would identify these "significant contributors" as the commercial use of asbestos in construction work; the demolition of asbestos- containing structures; the manufacturing and processing of asbestos-containing products* the transportation of certain asbestos-containing products; tho disposal of asbestos-containing waste; and the use of asbestos in the brakes of millions of vehicles. Part IX would impose several general requirements upon all commercial construction, repair, alteration, demolition, manufacturing or processing activity from which asbestos fiber is discharged into tho environment. The persons responsible for such activity must obtain a permit, from tho >:?A. The permit system will serve to produce the advanced .-assurrance of comnliancc with the applicable control regulations and will thus reduce the cost and burden of in-the--field enforcement. In addition those corrtercial activities would have to provide facilities to provent the removal of asbestos ribers from the site of sued: activity on tho clothing of employees. Indeed, this poises a rather-new concept of air pollution control, rnoue wno have died from lunu r.fVwiU *# *y ',<**, alw*a association to an asbestos worker may be powerful proof of the need for novelty. Finally, Part II would provide for careful wasto disposal procedures, as wind-blown refuse heaps and scrap piles contribute to the volume of asbestos fiber in our air. The simple steps for control eliminate any excuse for such dangerously sloppy housework. .A Part III would prohibit the r.praying of asbestos-containing insulation and fireproofing. Experience has indicated that procedural safeguards are inadequate and their enforcement is an overtaxing burden. Chicago has banned spray asbestos, and New York city and Philadelphia are. considering doing so. Procedural safeguards designed to reduce fiber emissions would be required to spray non-asbestos insulation. The biological effects of these fibers is unknown. Prudence would seem to ' dictate reasonable efforts to soften the potential future blow from spray fiber aspiring to asbestos' status. Part IV suggests that various asbestos-related activation at'construction sites be-done within an enclosure. It vsuld also require that asbestos construction products be so installed as to preclude the emission of fiber into the circulating air. -2- 01-0218309 4 Pact v expresses, ironically, what may be? a key reason for banniinjv? spray nr^ystos. It would require that procedural safe guards be pursued in order to demolish a structure whoso destruction would otherwise e:-:tose rtcr.bers of the public to asbestos fiber. Clouds of dust are often r&iscd by demolition work. The facts that great r.uir-oers of parsens nay bo exposed to this dust in urban areas and thtt the post-war generation of high-tries were the first buildings to use asbestos insulation extensively speak in favor of some such regulation* Part VT suggests an emission standard for r.amifacturers of asbestos product*;* The standard is believed t o be within the capture efficiency cf bachousc filtration. The proposed boundary standard is thought to h* a method for preventing dilution of exhaust gases. The standard would .measure only fiber:; longnr than five microns. The justification fer this seenu to be the administrative con venience of avoiding difficulties in. measuring fibers from. .5 to five microns in length. Medical evidence has indicated that the very small fibers may be.the most dangerous. And the Q^ard will seek extensive evidence on this point. part. VIT would prohibit-the use of brake lining in vehicles manufactured ei'tor January I* 1975 and sold for use in Illinois. If brake lining decomposition er.its asbestos fiber* then the tremendous number csf vehicles using asbestos, and the impractreality*of controlling these numerous small emission sources would appear to npecH to the need for a product ban. The pro hibition is carefully wordsd to avoid the necsssitv of fitting vehicles produced prior to 1975 with non-asbestos brakc?n. It is contemplated that the ban will neensnibate design changes, probably to uinc brakc3, and it is thought that requiring'the invidual vehicle, owner to undergo this expense is unreasonable. The tine lag of over three years is thought to be sufficient for vehicle manufacturers to accomplish any necessary design changes. .. **!**?'.**?gsyjvn1. 3 **. > . a* . v- . u . 1-0218310 Part 1: fart XI; Part III Part IV Part V Part VI Part VII Proposed Regulation Only | June 9, 1971 CiiAPTER V: 'rON7C SUBSTAA'CfcS ASBESTOS: SPRAT UCSUtAnoa Table of Contents Introduction 101. 102. 103. /authority Policy Definitions General P.ecuiremsnts \ 201. Permit 202. Removal of Asbestos from clothing 203. Waste disposal Snrav Fireproofin'? and Insulation 301. Spray asbestos prohibited JU iv(iM"nutfi!i.ww nj/my ulallwii Construction* Alteration and Repair of Structure 401. Enclosure 402. Preclude exposure to circulating air Demolition 501. Necessary and- practicable safeguards 502. Cessation of demolition work. Manufacturing $01* Emission standard; concentration at boundary $02. Process -water 603. Waste sludge disposal AsDestos-Containinc Products 701.* Transportation 702. brake*lining oi- 0213311 PAKTTs riTroDtJCTJo:: 101. Authority Pursuant to the authority in Sections 9, In and 13 of tho Environmental Protection Act which empower the Hoard to adopt regulations forbidding the "sale, offer,- or use for reasons of air pollution control" or any article, and to set "standard.*; specifying tho maximum amounts or concentrations of various contaminants that may be discharged into the atmosphere"; and to set standards for the issuance of permits for the operation of ar.v equipment or facility capable oi causing or contributing to air pollution; and to promulgate "conditions regarding the... use of any.... article determined by the noard to constitute an air pollution hazard"; and to sdoot effluent standards limiting the amounts of contaminants that nay be discharged into the water of Illinois, the Board adopts the following rules and regulations 102. Poliev It is the purpose of- the General Assembly in adopting the Environmental Protection Act to maintain and enhance the purity of tho air and water oi Illinois in order to protect health, w. e. lfare an.d..th.e.q.uality. of life. I4liliu Uin U 4.14%: HIIWllb4V4. 441k* Acc.o rdingly,< it is i nernoy 1*1 H<* ***. .!* . I I into the environment lends to severely endanger the public health and welfare and that the uncontrolled spraying of iibor-containing materials unreasonably interferes with the enjoyment of life and property. ' It is the purpose of these regulations to control the amount of asbestos fiber released into the environment from the major sources of emission* Such control is necessary not only to protect those members of the public who are in proximity to heavy concentrations of asbestos fiber but also to safeguard the health of future generations endangered:by the continuous discharge of asbestos fiber which can be toxic and which tends to be cumulative both in the atmosphere and in .the human body. Where health can be protected by tho adoption of an emission standard or of procedural safeguards, such a course has been pursued. Xn those instances where restriction is unfeasible* because of the tremendous number of snail, uncontrollable omission sources (automotive)or because of the unusual nature of tho emission source (spray asbestos at construction sito**v a product ban has been resorted to. These prohibitions have been made with full consideration given to the available alternative materials. It is also the purpose of these regulations to reduce the emission of non-asbestos particulate from cpr&y-fircprorting and 01-0218312 insulation. To. protect against Lh<rss eniscienn, the* hiolorjic.il effects of which are unknown, proeeuura} safeguards have been enacted. 103. Definitions Agency - The Illinois Environmental Protection Agency Asbestos - Ar.y fiber or any mixture containing fiber of hydrated silicate mineral, which, on the basis of its crystalline structure, falls into cne of two categories: (1) pyroxenes - chrysotile fiber? (2) amnhiboles - crocidolite# amosite# trcmolitc, actinolyto or anthophylite fiber. Board The Pollution Control Board of Illinois. Commercial Activity - Any activity done for hire or having financiai profit as a primary aim. Debris - Asbesto?."Cental hinu waste produced by the J.'.ki ,>fr .,t >viuulu:u* Spraying - The pneumatic application oi material used for fireproofing .or insulation. Waste - Any asbestos-containing natter-which has been or is intended to be discarded. PART TX: Conors?. Requirements No commercial activity, not" otherwise hereinafter prohibited, involving the discharge of asbestos fiber info the environment from the construction, alteration, repair or dsnoiitian of a struc ture or from the processing or manufacture ne of asbestos -conttinin products# shall be conducted unless the person or entity in charge of such activity complies with the following regulations: 201, a permit shall be obtained from the Agency to engage in such activity. Before obtaining such permit, the applicant shall demonstrate compliance with the following safeguards: (a) The designation of personnel * rarelye fulltiwa supervisory authority over all anpccts oi the activity from which the release of asbestos liber into the environ ment could result# in such a manner as to insure compliance -2- 01-0218313 with the pertinent asbestos control regulations. (b) That each employe* engaged in such activity has completes* or will complete a natisfAcrory sours? of i msr.ruction on the potential hsrarus of *>:posere to asbatos fiber including the orceaucions that. must he observed to prevent or restrict the dispersion of asbestos fiber into the environ-, went. (c) That such additional safeguards as are hereinafter specifically required and. such precautions conn* stent with tlie purpose of these regulations as the Agency deems neces sary undar the circumstances shall be complied with. .202 Facilities*? shall be provided and procedures instituted and supervised, that prevent the removal of asbestos-containing material from the site on the clothing of employees. 203. Asbestoa-containing wastes shall be immediately vacuumed or otherwise collected where vacurdng is impossible# and shall bo placed in a container resistant to tearing or breaking under normal handling conditions, which shall be tightJy sealed and clearly marked as containing asbestos waste. Such containers shall be niaenu directly ucon a vehicle for disposal by burial at an ap proved site. Section 2C3 shall not apply to the demolition of a structure, except an provided in Section 501 (a)(d) and (a) or to the disposal of sludge waste except as provided in Section 603. * part in? spray riRS?Roon?;s at;p t??sih.at3 o:; 301. 302. The spraying of asbestos-containing material in prohibited. V *' Kon-asbestos particulate matter used for insulation or fire proofing shall not be sprayed unless the following orocedures are taken? (a) Before the start of' spraying operations, all floor areas shall be swept clean and cleared of all objects, material and equipment other than that employed in the apralication.of the fiber-containing material, or, in the alterna tive, all such objects, material and equipment shall be covered with plastic or plastic-coated tarpaulins. (b) The entire floor or area to be sprayed shall be enclosed with plastic or plastic- .~MwOd tarpaulins in a manner which shall preclude the escape of fiber-containing material from the enclosure. All interior open areas such as elevator shafts and stairwells shall be*enclosed in a man ner which shall prevent the escape of fiber-containing -3- 01--021831^ material from the working area. "Stack effect" of the shafts/ stairwells and comparable spaces shall he considered in providing proper enclosures* (e) Itogardlosn of adherence to the stated control practices^ any visible emission o ibar-eontoir.ing materials beyond the building perimeter will be considered a violation. (d) In case of visible emission of fibrous material from the construction site, immediate stops shall be taken to cause the cessation of such emissions by cither effective control measures or work stoppage at the source of the emissions. There shall then be immediate nd com plete cleanup of all material that has escaped the construc tion situ# and measures shall be taken that will insure that no further dispersal of any fibrous material into the atmosphere can occur* (e) The entire sprayed area# all ledges and surfaces including tarpaulins within the enclosure shall be thoroughly vacuumed upon completion of the spraying operation and immediately before the enclosure is dismantled. The vacuum cleaner shall contain a strong, 3inglo-;;ervice, disposable inner dsv 01 durable i^teriui which shall be -removed from the vacuum cleaner and-tightiy sealed. The bag shall then be wi area in a Cwnt***nce and *i cuea ad of *t <*t approved otto in accordance with Section 203. (f) All areas used for opening bags containing fibrous material or the changing of hoppers shall be enclosed so as to prevent the escape cf such material from . the immediate area in which such activity occurs. (g) Any plenum or other structure coated with or containing fibrous insulation and used in the circulation of air in a building shall be thoroughly cleaned of all debris and waste insulation. All applied fiber-containing insulation within a plenum or duct shall be coated with a sealant which precludes exposure of the fiber-contuining material to the circulating air. PART IV* CONSTRUCTION, ALTERATION AND REPAIR Or __________ STRUCTURE 401. (a) The cutting# trimming# fitting or stripping of asbestoscontaining material in the construction# alteration or repair of a structure which is done a. mo cite of such structure shall be conducted within a special enclosure designed to preclude the escape of asbestos fiber from the immediate area of .such enclosure. (b) The mechanical exhaustion of duet from such enclosure*, to the ambient sir is prohibited unless such exhaust system is equipped with a fabric filter for dust collection. -4 01-0218315 402. * Asbostos-contninir.g material applied in the construction# alteration or repair of a .`structure shall be contort with a sealant# provided with a cover or installed in some other wanner no an to preclude exposure of the asbestos fiber to the circulating air. PART V: DEMOLITION* 501. Where the risk of public exposure to ashestos fiber from the dislodging of asbestos-containing materials is present# no demolition of a structure shall be initiated unions all safe guards necessary and practicable to reduce the emission of dust are taken. . Such procedures shall include, but are not necessarily limited to: / , (a)* Boilers and pipes insulated with asbestos-containing material shall be wotted and stripped before toppling of walls is begun. This procedure shall be followed# where practicable# as to all.other asbestos-lined surfaces. Such asbestos waste shall be immediately bagged and disposed of in accordance with Section 203. (b) Demolition by toppling of walls is prohibited except with!:: * aum. ;' * ,, #* < . . ... ... ._ ...I*. <tV< kl(W> M# ,afc >.M. W the permit granted for demolition oi that structure. (c) Before the demolition of any section oi the structure# adequate wotting to suppress* the dust shall be employed. (d) Asbestos-containing debris shall not be dropped or thrown from any floor but shall be transported by dunttight chutes or buckets. Asbestos-containing debris in chutes or buckets shall bo sufficiently wetted'to preclude dust dispersion at the point.of discharge. (o) All asbestos-containing debris shall be thoroughly wetted before loading into .trucks, other vehicles or con-tainers. oaring transport such waste shallbe enclosed or covered so as to prevent dust dispersion. Asbestos-containing debris shall be disposed by burial at an approved site. 502. In the event asbestos-containing matter becomes air-borne beyond the property boundaries or in .the event freezing temper atures preclude the uso of water for dust suppression, denoiiton work shall cease until n<*~~ ..ite alternate measures cun bo taken. 601. PART? VI t MANUFACTURING U) *:o factory, plant or enterprise which engages in the processing or manufacturing of any anbentos-ccntsining product shall emit asbestos fiber into the anbinnt air in excess of .5 fiber per cubic centimeter of air. The ambient -5--. -----------01-02183 16