Document 6O9dV4aeO6xkpJpMgZJ5mxd9

NORMAN J. HEARN KIOIONAL VICE PRESIDENT I I UNION CARBIDE CORPORATION ONE CALIFORNIA SAN FRANCISCO, CALIFORNIA SAIN August 6, 1974 TELEPHONE TSS-I. The Honorable Milton Marks California State Senate State Capitol Building Sacramento, California 95814 Re: S-2419 Dear Senator Marks: Union Carbide Corporation is engaged in the asbestos industry at a facility located in King City, California. S-2419, which would prohibit any person after July 1, 1975, from spraying any substance containing asbestos upon a building or other structure during its construction, alteration or repair will be heard by the Assembly Health Committee on August 12, 1974. We wish to express our opposition to this bill and urge that it not be passed for the following reasons: The spraying of asbestos was carefully con sidered by the Federal Government during the proposed rule making on National Emission Standards for Hazardous Air Pollutants. The substance of their deliberations, quoted directly from the Federal Register, are at tached to this letter. The final Federal Regulation (see Attachment 2) provides that material? containing less than 11 asbestos may be sprayed under certain prescribed conditions. It is our position that the Federal EPA Regula tions embodied in the National Emission Standard for Asbestos (FR Volume 38 No. 66, Friday, April 6, 1973), coupled with the Federal OSHA Regulations and the asbestos regulations pub lished by the State of California (General Industry Safety Orders Section 5208 Asbestos, July 1973), provide more than adequate protection, both for the individual worker in his workplace and for the general public. PLAINTIFF'S EXHIBIT UC-1321 i'cCt/ V'ED IrU, 'T 19 (H The Honorable Milton Marks - 2 August 6, 1974 We believe that the objective of the proposed legislation is already well met by the existing federal and state regulations and that further legislation on this subject would be unduly punitive. Very truly yours, NJH/dp Ends . cc: Hon. Ronald Reagan Hon. Pauline L. Davis Hon. Gordon W. Duffy Hon. John E. Thurman, Jr. Hon. Henry A. Waxman Hon. Bob Wood bcc: Mr. Paul D. McAmis--CMA--Sacto Mr. W.C. Thurber--UCC--NY X n;.-!: i il.'iti'i;: I Mi l ! I in: ..urlticii'i" ut wiih a: t iil- inn..;. Tii': Aihiiiii'n:v.-ili t-j'i1 !o ir.si':s`ii rlo olM.T ixt-lln- end ni j.ni!r> of ?'lc.Ci>. nr.' .: xml if any of them are found to It major souir.rs. llic standard will be revised to cover them. A; applied to mine.;, the prono.cd standard would have' limited the emu- sio;::, from (ilillmr operation;; cud !nn- liibilfd viable emission;; of particu!.-.!? matter from mine road.? surfaced >tii asbestos tr.iling.s. Tim Bureau Of Minos lias prccciibeil litaHh and safety ri'g'da- tions loO CfR fu.ji for the ljunifir-.j of pivlcctiiig life, liie pioinoMnn of lieali.ii and safety, and il;e j.-j-event ion of recidenU in open pit mete.l and noninemliic mines. As related to rslcsios mines. Dive regulations prohibit persons workh'.f. ;:i ft min? from being exposed to arbestos concent rat'ons v.liich exceed the thru-h old limit value adopted by the American Conference of Governmental Industrial Hygienists. The rcgulaliors specify that respirators shall not tie used to prevoni, persons from being exposed to asbestos where envircr.ir.ci.tr.! mensmes are avail able. For drilling operations, the rcgula.- tlons require that the holes be collared and drilled wet. Th? regulations rreem- mend that haulsse reads, rock transfer points, crusher:;, and other points where dust (asbestos) is produced stidicieut to cause a health or safety hazard Le wetted down as oiten as necessary unlt-s the duct is controlled adequately by other means, in the judgment of the Admin istrator, implementation of these regu lations wili prevent lumestcs mines from being a major source which must be cov ered by the standard picmulgated here in. Furthermore, the public is svuiiciently removed from the mins work environ ment that their exposure should be r'tr- nificanUy less than that of the workers in the work environment. Accordingly, the promutvated standard does not apply to drilling operations or roadways at mine locations. For asbestos mills, the proposed stand ard would ho.ve applied to ore dumps, open storage area.s for asbestos materials, tailings dumps, ore dryers, air for proc essing ore, air for exhausting particulate material from work areas, and any mill ing operation which continuously gen erates Inplmit visible emissions. Tne promulgated standard prohibits visible emissions from any pars of the mill, but it docs riot apply to dumps of asbestos tailings or open storage of asbestos ores. The Bureau of Mines' regulations pre viously referenced and regulations issued by the Occupational baier.v and Health Administration (20 CFIt 1010.03a) pro tect workers from the hazards of air con taminants In the work environment. The Occupational Safety and Health Admin istration regulations were proinulaatcd on June 7, 1072. The regulations are in tended to protect tiic health of employees from asbestos exposure by mcnns'of en- fnr.ccin'g controls (ie. isolation, enclo sures, a fid (iust. collection) rather than by pcrsiaial protective equipment. It is the judgment of the Administrator that rnca.'.uw-. I ! all to Cumr.'v : !tli the r.U- il:c pi oi.'<i:.l ndxn' '."'Id 1. ,.\ t rcui: of Mii;-.. anil Ov;.'i!;i ;* y ivil o.ilety Jiniit.'d < f::: i :=-; Irani a ;i'-- :Ut u; am! Health / li'ninist.r.i! m.i i< ldaticn.? to mi rr, by ?.i i: 1.! ti!i: l!i,,, mi. h am- - pro'cet tuo luv-U n of p.v v-bn work mow. I'oldd no! i 'I' Vi d the Mia uni : w.".i"h In proximity to damp; run storage woidil tie c;i;il`.-d tram ike ; >ivv if li.i arc;", will prevent the dumo., and .`toiagc source were cquippi'il v.itli a fa'uic ira.-r. areas from being major source.? of asbes or, in some c:>. ft v. l-i".'!l :<:tion mi- tos cinissimr.. Tiio prr.;?;v.:.d standard would have ap plied to bniM l' ts. structures. or facilities witirin' widen any fabneati'ty or ma.nuf.iCt'.uiny op-ration is cmried on which involves rue u:c of asbestos materials. Comments received cn the proposed standard indicated that ti;c rj'.juiresnents for fabricating and manufacturing oper ations were eorfirir.;'. Much r.f the con fusion was created by lie: use of terms such as "any." "eontimini; -!y." and cleaning device, Ti;:-; v.culd have rcquiacd n Kluw!artliv:''d rinhsion-nv .''i:t:ng Ircii- nique, which is not currently available. The promulgated stanuanl pruk'bP.s v; i- ble emissions which contain r.sbrdO'; anl provides the option of using spcciiu-.i sir-cleaning methods. The existence of particulate asbestos material ir. a ga? stream vented to the atmonkere can ce determined by collecting ft sample on r. filler and analysing it by inkacwopv techniques. The proposed standard: la led "forced ras streams." The promulgated that, the air-cleaning requirement would standard is more definitive as to applica not be met if a number of iiited faults. ` bility of the provisions. The promulgated c.g., broken bats, leaking paces, thread standard prohibits visible emissions from bare bags, existed end it required that tho nine manufacturing operations collection hoppers on some ivvkov.~\s be which, in the judgment of the Adminis emptied without generating visi.de creis- trator, are major sources of asbestos. The sKin.v Comments received suycaicd th- f premui rawed standard does not cover this negative approach tended to m.a.: - fabrication operations. Ofr.'i fabrication the quality of alr-clesniiss opciai'.-i..- operations, only those opera nous at new pendent upon tho ability of VI'A to an construction sites are considered to be ticipate and to include in the slond.eru major sources of asbestos emissions. The all the factors which would constitute Occupational Safety and Health Admin improper methods. Since the intent v.;.s. istration regulations specify that all and is, to require high o.uality air-denn hand- or power-operated tools (i.c. saws, ing operations, the promulgated standard scorers, abrasive wheels, and drills) requires proper installation, use. opera which produce asbestos dust lie provided tion, end maintenance without precise!?' with dust collection system:;. In llic judg dehning the means to be used. - ment of tiio Administrator, implementa F--'ViTfe proposed standard would lav. ? tion of these regulations will prevent'[ prohibited the1 spraying of any ma'.cri?! fabrication operations from being a | conlaming asbestos on any portion of major source which must be covered by a building or structure, prohibited the the standard promulgated herein. spraying of any material containing as The proposed standard would have bestos in an area directly open to the prohibited visible emissions of asbestos atmosphere, and limited emissions from particulate- matcria.l from the repair or all other spraying of any materia! ;cn- demolition of any building or structure taining asbestos to the amount which other than a single-family dwelling. would be emitted if specified air-cleaning Comments indicated that the no visible equipment were used. Comments re emission requirement would prohibit re ceived pointed out that this standard pair or demolition in many situations, would; (1) Prohibit the use of malcvic.ls since it would be Impracticable, if not containing only the trace amounts of impossible, to do such work without cre asbestos which occur in numerous nat ating visible emissions. Accordingly, the ural substances, (2) prohibit the use of promulgated standard specifies certain materials to which very small quest Sties work practices which must- be followed of asbestos are added in order to enhance when demolisliing certain buildings or their effectiveness, and (3) prohibit the structures. The standard covers institu use of materials in which the asbestos is tional, industrial, and commercial build strongly bound and which would no! z. ings or structures, includin',- apartment crate particulate asbestos emissions. Th: houses having more than four dwelling promulgated standard applies to tho::? units, which contain friable asbestos ma uses of spray-on asbestos matcriala terial. This coverage is based on the Na which could generate major emissions of tional Academy of Sciences' report (53) particulate asbestos material. For these which states, "In general, single-family spr:iy-on materials used to insulate m residential structures contain only small fireproof buildings, structures, pipes, and amounts of asbestos insulation. Demoli conduits, the standard limits liie a:-be to? tion of industrial and commercial build content to no more than 1 percent. Ma ings that have been fireproofed with terials currently used contain from : asbestos-containing materials will prove to UO-pcrcent asbestos. The intent of ik? to be an emission source in the future, 1-perccnt limit is to ban the use of ma requiring control measures." Apartment terials which contain significant quanti houses with four dwelling units or less are ties of asbestos, but to allo?v the u-e c: considered to be equivalent -to single- materials which would: (1) Contain tivrv family residential structures. The stand ard requires that the Administrator be amounts of asbestos which occur :n numerous natural substances, ami o Include very small quantities of a..!;?'?'> notified at least 20 days prior to the com (less than 1 percent) added to rnliaiv - mencement of demolition. the material's effectiveness. Although fEOEKAL REGISTER, VOL 33, MO. 66--ERIDAT, APRIL 6, 1973 ( ES AND REGULATIONS .fii/cd reference mctlioil has not standard will not require disposal. Where 17. Enterllnc. P. E.. and M. A. Kendrick: dcviToped to quantitatively dctci< the c- T.U'i'.i. ol asbestos in a tna.1- i. liic: :;p.` acceptable methods .vailalilo. basri! on electron microscopy, v.'liii'l' itulepcmlc r'.i. laboratories liavc de veloped. Determinin'' the asbestos con tent of e. m:u' iial with these methods disposal is required, the Occupational Safety and Health Administration regu lations (2D CPU lDlO.lKia(h)) require that any asbestos waste, consigned for riisixjsal. be collected and disposed of in sealed impermeable bn is or other closed, impermeable containers. The contamina Asbestos-dust Expcsiirr.-, at Various Levels and Mortality. Arch. Envlr. Health, 15, 1G1186. 1967. IS. Gloyne. S. It.: Pneumoconiosis: A IPstological Survey ot Necropsy Material In 1,200 Coses. Lancet. 1, 810-R14. 1351. 13. Issulbachcr. N. J.. M. Klaus, and II. L. Hauly: Asbestosls ami Bronchogenic Carci cc ;ts approximately J300. and the results tion of ground water supplies with asbes noma: Report of one autnpsled case ami re arc accurate within plus or minus 50 , tos from landfill disposal is not consid view of the arallaUc literature. Am. J. Med., ncrccnt; t!v:;r limits oh accuracy were ered a potential problem. taken into recount in establishing the The substitution of ceramic wool, min ^ 1-percent limitation. . -- eral wool, and fiberglass for asbestos is fflj proposed standard would have not now known to be a problem. There prohibited the suri'acing of any roadway is no evidence that these materials cause with, asbestos tailings. Tha promulgated health effects in the concentrations found standard applies to all roadways except iiroccupational or ambient environments. 15.721-7:12.1933. 20. Jacob, S.. and M. 'Anspach: Pulmonary Neoplasia Among Dresden Asbestos Workers. Ann. N.Y. Acad. Sci.. 1J2. 536-548. 1905. 21. Kleinleld, M.. J. Mcrsite. and O. Kooyman: Mortality Experience In a Group of As bestos Workers. Arch. Envlr. Health. IS, 177ltn. 1967. those on ore {icon: its; these roadways are temporary, end control measures taken to comply with the Duron u of Mines regul.itions prevent them from being a inajor source which must be covered by t'ne standard promulgated herein. At this time, tiie application of asbestos tailings to public maciwa vs is not widely prac ticed, but because of the close proximity of roads to the public, a ban on using asbestos tailings on roadways is included in the promulgated standard to avoid a future problem and stop the practice where it is followed. The term "surfac ing-' is defined to include the deposit of Although the standard was not based on economic considerations, EPA is aware of the impact (5o> and considers it to be reasonable. Costs among the various sources covered by the standard arc quite variable. Although the standard may ad versely affect seme individual plants or companies which. are marginal opera tions. it appears that such eitecis will be minimal and the impact to the asbestos industries as a whole will not be large. References - 1. Cooke, \V. E.: Fibrosis of the Lungs due to tho Inhalation of Asbestos Oust. Brit. Med. J., 2. 147. 1324. 22. Knox. J. P.. R. S. Doll, and I. D. Hill: Cohort Analysts ot Changes In Incidence of Bronchial Carcinoma in a Textile Asbestos Factory. Ann. N.Y. Acad. Scl., 132, 526-535, 1965. 23. Knox, J. P.. S. Holmes. R. Doll, and I. D. Hill: Mortality front Lung Cancer and Other Causes Among Workers In an Asbestos Textile Factory. Drit. J. Ind. Med, 25, 333-303. 1968. 24. Licbcn, J.: Malignancies In Asbestos Workers. Arch. Envlr. Health, 13, 619-621, 1966. 25. Lynch, K. M.. and W. A. Smith: Pul monary Asbestosls. HI, Carcinoma of Lung In Asbcstos-slllcosis. Am. J. Cancer, 14, 56-64, 1935. 26. Mancuso, T. P., and A. A. El-Attar: asbestos tailings on roadways covered 2. Cooke, W. E.: Pulmonary Asbcstosls. Mortality Pattern In a Cohort of Asbestos with Miotv or ice; therefore, this practice Brit. Med. J.. 2.1024-1023, 1027. Workers. J. Occup. Med., 9, 147-162. 1967. is prohibited. Consideration was given to Including provisions in the standard requiring proper disposal of the asbestos material generated during demolition and col 3. Dreesscn, W. C:. J. M. DaUavalle, T. I. Edwards, J. W. Miller, and It. R. Sayers: A Study of Asbestos in the Asbestos Textile In dustry Public Health Bull. 2,1. Washington, U.S. Government Printing Cilice, 1933, 12S pp. 4. McDonald, S.: History of Pulmonary As- . 27. McDonald, J. C.. A. D. McDonald, D. W. Gibbs, J. Stomlatyekl. and C. E. Rossiter: Mortality in the Chrysotlle Asbestos Mines and Mills of Quebec. Arch. Envlr. Health, 22, 677-686. 1971. 25. Mcrcivether, E. R. A:: Asbestosls and lected in control devices used to comply bestosls, l'.rit. Med. J.. 2. 1025-1026, 1027. Carcinoma of the Lung. In: Annual report of with the requirements of this standard. 5. Merewcthor, E. R. A.: The Occurrence of the chief inspector of factories for the year It was dociaed that this was not neces Pulmonary Fibrosis and Other Pulmonary 1947. London: M. Y. Stationary Office, 1949, sary because the Occupational Safety and Keaith Administration regulations (2D CFR 1910.03ii'h)) include house keeping and waste disposal requirements. These regulations require that any as Ailecllons in Asbestos Workers. J. Ind. Hyg,, 12, 193-222, and 12, 230-257, 1030. 6. Mills, It. G.: Pulmonary Asbcstosls: Re port of a case. Minn. Med., 13, 495-409, 1930. 7. Soper, W. B.: Pulmonary Asbehtosls. A report of a case and a review. Am. Rev. 79 pp. 23. Newhouse, M. I.: A Study of the Mor tality of Workers In an Asbestos Factory. Brit. J. Ind. Med.. 26,294-301,1969. JO. Seltkorr. I. J., J. Churg, and E. C. Ham mond: Asbestos Exoosure and Neoplasia. bestos waste, consigned for disposal, be Tuberc.. 22. 571-584, 1930. JAMA. 1SS, 22-26, 1964.- collected and disposed of in sealed im S. Bonser. G. M.. J. S. Faulds, and M. J. 31. Borow, M.. A. Conston, L. L. Ltvorncsc, permeable bags or other closed, imperme able containers. The potential environmental impact of the promulgated standard was evalu ated, and it was concluded that the standard will not cause any adverse ef Stewart: Occupational Cancer of the Urinary Bladder in Dyestuffs Operatives and of the Lung In Asbestos Textile Workers and Ironoro Miners. Am. J. Clin. Path., 25, 123-134, 1055. 9. Braun, D. C., and T. D. Truan: An Epidemiological Study of Lung Cancer In As and N. Schalet: Mesothelioma and Its Associ ation- with Asbestos. JAMA, 201, 587-591, 1967. 32. Elmes, P. C.. V7. T. E. MeCaughey. and O. L. Wade: DPTuse Mesothelioma of the Pleura and Asbestos. Brit. Med. J,, I, 350353, 1965. fects. The potentially adverse environ bestos Miners. Arch. Ind. Health, 17, 634-- 23. Eltncs, P. C.. and O. L. Wade: Relation mental effects of the standard are: C53. 1953. ship Between Exposure to Asbestos and (1) The asbestos-materials which will 10. Buchanan. W. D.: Asbestosls and Pri be collected m control devices and gen mary lutrathoraetc Neoplasms. Ann. N.Y. erated during demolition will liavc disposed of or recycled. <2) Materials, such as mineral to be\ wool, Acad. Scl., 132, 507-518. 1965. ' 11. Cordova, J. F., II. Tesluk, and Knudtson: Asbcstosls and Carcinomas Lung. Cancer, IS, 1181-1187, 1962. R. P. o( the ceramic, wool, and fiberglass;'wi& be sub 12. Doll. R.: Mortality from Lung Cancer In stituted for asbestos prcscotl]Lcontained Asbestos Workers. Brit. J. Ind. Med., 12, 81-86,- in spray-applied fireproofing and insulat 1955. , ing materials. 13. Dunn, 3. E,, Jr., and J. M. Weir: A Pleural Malignancy In Belfast. Ann. N.Y. Acad. Scl., 132, 549-557, 1965. 34. Entlcknap. J. B.. and W. N. Smlther: Peritoneal Tumor In Asbcstosls. Brit. J. Ind. Med., 21,20-31, 1961. 35. Fowler. P. B. S., J. C. Sloper. and E. C. Warner: Exposure to Asbestos and Mesotheli oma of the Pleura. Brit. Med. J,, 2, 211-213, 1964. 36. Hammond. E. C., I. J. Sellkoff, and J. In some manufacturing operations, a Prospective Study of Mortality of Several Oc Cliurg: Neoplasia Among Insulation Workers major portion of the asbestos-material cupational Groups--Special Emphasis on In the United Slates with Special Reference collected by fabric filters is cither re Lung Cancer. Arch. Envlr. Health, 17, 71-76, to Intraabdomlnal Neoplasia. Ann. N.Y. Acad. cycled to the process or is marketed for 1968. Scl.. 132, 519-525,19C5. other use.-. For example, one asbestos tex tile mill recycles large quantities of longer-fiber asbestos for process use and sells more than DO percent of the remain ing collected materials to a brake lining manufacturer. Consequently, a signifi cant portion of the increased quantities of "waste" asbestos materials which will re,mt from the implementation of the 14. Dunn,- J. E.. Jr., and J. M. Weir: Cancer Experience of Several Occupational Groups Followed Prospectively. Am. J. Pub. Health, 55, 1367-1375, 19C3. 15. Elwood. P. c., and A. L. Cochrane: A Follow-up Study of Workers from an Asbestos Factory. Ilrlt. J. Ind. Mod.. 21, 301-707, 1961. tC. F.ntcrllne. P. E.: Mortality Among As bestos Product Workers In the United States. Ann. N.Y. Acad. Scl.. 132, 15G-IG3, 1965. 37. Hourihane. D. O'B.: The Pathology of Mesothelioma and an Analysts of Their As sociation with Asbestos Exposure. Thorax, 19, 263-278, 1964. 33. Licbcn. J., and K. Plstawka: Mesotheli oma and Asbestos Exposure. Arch. Envlr. Health, U, 559-563, 1967. 39. Mann, R. if., J. L. Gmsh, and W. M. O'Donnell: Mesothelioma Associated with Asbestosls. Cnuccr, 10, 521-520, i960. FEDERAL REGISTER, VOL. 38, NO. 66---FRIDAY, APRIL 6, 1973 fC> 1 piHr.; There' ill be no \ i.Mblr: un!.\ ..>c . o loci: ns it tabes to shut down (h> "U. uerutoi" mean:; any fnrn re < I" toutsii:.; nr from thei in: oiieraf ion fn-nerdting the particulate used in the pro-v. s oi iiurnin : \..imc Mi spray-on ei plication of m.pcrinl:; cmi- asbestos material. luiinn;: nun.; ifi.m 1 percent ir-be: loa. on 5 61.21 llcpurting. a dry v.t; lit u.vii, u-rtl in insulate or The owner or opera!or of any existing fireproof equipment and machinery. ex cept p.s purified in paiaruaph u> of this section. spray-on materials used to insu source to which this rubpart is applicable shall, within 90 days after the elteclive date, provide the loll owing inlonnation late or fiu'pioor buildings. .structures, pipes, and conduits shall contain less than 1 percent asbestos on a dry weight to the administrator: (a) A description of the emission con trol equipment u.cfi or each proce.-s: basis. (b) If a fabric filter device is u>cd to (li Sources subject`to this paragraph arc exempt from the requirements of i Cl.Ojia), 5 til.07, and 61.09. (21 Any : wner or opera tor who intends to spray a- V.eslOo m.itcii.iis to insulate or fireprcof buMduiar, structure.;, japes, con duits, equipment, and machinery shall report such intention to the administra control emissions, the pressure drop across the fabric filter in inches water gage. (1) If the fabric filter device utilizes a woven fabric, tiie airilow permeability in ft/inin/ft-; and. if the fabric is syn thetic, indicate whether the fill yarn is spun or not spun. tor at least :'i) days prior to the com mencement of the spraying operation. Such report shall include the following information:, (i) Name of owner or operator. (2) If the fabric filler device utilized a fcltccl fabric, the density in oz/ydx tiie minimum thickness in inches, and the airflow permeability in ftVmin/ftx (ic) Such information shall accompany (ii) Address of owner or operator. \ the information required by 61.10. The the primary purpose of mincing ti-.c volume of the waste by removing ceinbr.M.iblc matter. (it "Propellant" means a fuel and uxidi.'cr physically or chemically combined which undergoes combustion to provide rocket propulsion. tj) "Bei-yllium alloy" means any mefal to which beryllium has been added in order to increase its beryilium content end which contains more than 0.1 per cent beiyltium by weight. (1:) "Propellant plant" means any facility engaged in tiro mixing, casting, or machining of propellant. 61.32 KruisMoii slaiulanl. (a) Emissions to the atmosphere from stationary sources subject to the provi sions of this subpart shall not exceed 10 grams of beryllium over a 2 i-heur period, except as provided in paragraph (b) of this section. (b) Father than meet the require ment of paragraph (a) of this saction, (iii) Location of spraying operation. appropriate form is contained in nppen- an owner or operator may request ap (iv) Procedures to be followed to meet A to tills part. proval from the Administrator to meet Lthe requirements of this paragraph. 2r":f) Rather than meet the no-visibleemission requirements of parngiephs (a), Subpart C--Motional Emission Standard for Beryllium 61.30 Applicability. an ambient concentration limit on beryl lium in the vicinity of the stationary source of 0.01 /xg/m', averaged over a 30-dr.y period. (c), and (el of this section, an owner or The provisions of tills subpart are ap (1) Approval of such requests may be operator may elect to use the methods plicable to the following stationary granted by the Administrator, provided specified by 5 Cl.23 to clean emissions sources: that: containing particulate asbestos material (a) Extraction plans, ceramic plants, (1) At least 3 years of data Is avail before such emissions escape to, or arc foundries, incinerators, and propellant able which in the judgment of the Ad vented to. tiie outside air. 61.23 Air-cleaning. plants which process beryllium ore, beryl ministrator demonstrates that' the fu lium. bevyilium oxide, beryllium alloys, ture ambient concentrations oi beryllium or beryllium-containing waste. in the vicinity of the stationary source If air-cleaning is elected, as pennit- (b) Machine shops which process will not exceed 0.01 pg/m*. averaged over . ted by 61.22 (f), the requirements of this beryllium, beryilium oxides, or any alloy a 30-day period. Such 3-year period shall section must bo met. when such alloy contains more than 5 be the 3 years ending 30 days before the (a) Fabric filter collection devices must be used, except as noted in para graphs (b) and (c) of this section. Such devices must he operated at a pressure drop of r.o more than -1 inches water gage, as measured across the filter fabric. The airflow permeability, as determined by AST.M method D737-CD, must not exceed 30 ftyimn/ft; for woven fabrics or 35 ft/min/ft-' for felted fabrics, except that 40 ftVmin/fl" for woven and -13 ft1/ min/it5 for felted fabrics is allowed for filtering air from asbestos ore dryers. Each square yard of felted fabric must weigh at least 14 ounces and be at least one-sixteenth inch thick throughout. Synthetic fabrics must not contain fill yarn other than that which is spun. (b) If tlie use of fabric filters creates a fire or explosion hazard, the adminis trator may authorize the use of wet col lectors cierhated to operate with a unit contacting energy of at least 40 inches water gage pressure. (c) Tiie administrator may authorize the use of filtering equipment other than that described in paragraphs (a) and (b) of this teclion if the owner or operator demonstrates to live satisfaction of the administrator that the filtering of par ticulate asbestos material is equivalent to that of the described equipment. (d) All air-cleaning equipment au thorized by this section must be properly installed, tired, operated. anil maintained. Bypa, s devices may be used only during percent beryllium by weight. 61.31 Definitions. Terms used in this subpart are de fined in the act, in subpart A of this part, or in tliis section as follows: (a) "Eeryllium" means the element beryllium. Where weights or concentra tions are specified, such weights or con centrations apply to beryllium only, excluding the weight or concentration of any associated elements. (b) "Extraction plant" means a fa cility chemically processing beryllium ore to beryllium metal, alloy, or oxide, or performing any of the intermediate steps in these processes. (c) "Beryllium ore" means any natu rally occurring material mined or gathered for its beryllium content. (d> "Machine shop" means a facility performing cutting, grinding, turning, honing, milling, debarring, lapping, electrochemical marhining, etching, or other similar operations. (c) "Ceramic plant" means a manu facturing iilan t producing ceramic items. (f) "Foundry" means a facility en gaged in the melting or casting of beryllium metal or alloy. (g) "Beryllium-containing waste" means material contaminated with beryllium and'or bcrvliinm compounds u.srd or generated during any process or operation performed by a source subject to this subpart. effective date of this standard. <ii) The owner or operator requests such approval in writing within 30 days after the effective date of this standard. uil) The owner or operator submit.': a report to the Administrator within `15 days after the effective date of tills standard which report includes the fol lowing information: (a) Description of sampling method Including the method and frequency of calibration. (b) Method of sample analysis. (c) Averaging technique for determin ing 30-day average concentrations. (cl) Number, identity, and location (address, coordinates, cr distance and heading from plant) of sampling sites. (c) Ground elevations and height above ground of sampling inlets. (/) Plant and sampling area plots showing emission points and sampling sites. Topographic features significantly affecting dispersion including plant building heights and locations shall be included. (</) Information necessary for esti mating dispersion including slack height, inside diameter, exit gas temperature, exit velocity or flow rate, and beryllium concentration. (/i) A description of data and proce dures (methods or models) used to de sign the air sampling network (i.e., num ber and location of sampling sites). * up.vct or emergency conditions and then FEDERAL REGISTER, VOL. 38, NO. 66--FRIDAY, APRIL 6, 1973 4fIU KSI^ MGHNYBT H8A l00867lC21*006 08/07/74 ICS IPHMAWC W8H western union Mailgram V& 03006 MGM RBWASHJNGTON DC 311 080T *30A EOT ZIP 100,17 MR WILLIAM c PRODUCT MANAQERA8BEST08 UNION CARBIDE CORP 270 PARK AVE NEWYORK NY 16017 FOLLOWING MAILGRAM SENT TO MEMBERS HEALTH COMMITTEE* CALIFORNIA LEGISLATURE I WE UNDERSTAND SENATE BILL 2419, WHICH WOULO PROHIBIT SPRAYING OP ANY ASBESTOS CONTAINING SUBSTANCE IN OR UPON A BUILDING OR OTHER STRUCTURE DURING CONSTRUCTION* ALTERATION OR REPAIR WILL BE HEARD IN ASSEMBLY HEALTH COMMITTEE* AUGUST 12, WE ARE KEENLY AWARE OP ADVERSE HEALTH EFFECTS FROM EXCESSIVE INHALATION OF ASBESTOS FIBERS* AND HAVE BEEN ACTIVE IN PUBLIC INFORMATION AND LEGISLATIVE PROGRAMS TO ELIMINATE SUCH HAZARDS. AT SAME TIME* WE BELIEVE* AS DO MOST MEMBERS OF WORLD MEDICAL* SCIENTIFIC COMMUNITY* LEVELS ESTABLISHED BY U*S, GOVERNMENT ARE SAFE LEVELS AND ASBESTOS DISEASES ARE PREVENTABLE IF PROPER DUST CONTROL MEASURES ARE TAKEN. WE RESPECTFULLY SUGGEST TO YOU THIS BILL* WHICH REJECTS CONCLUSIONS REACHED REGARDING SPRAYING OF ASBESTOS CONTAINING SUBSTANCES IN ESTABLISHING NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (ASBESTOS) (FR VOL* 3S* NO, tt* APRIL 9* 1*73)* IS UNNECESSARY AND IMPRACTICABLE, TRACE AMOUNTS OF ASBESTOS ARE FOUND IN THE ATMOSPHERE AND IN AWMfftOUS NATUBAL GUBSTANCCS THROUGHOUT THf ^ftRLD. ASBESTOS IN II tfiwwrjtf REPAIR OF BUILDINGS UR *tt*F'#TRl??Timi8 PROVIDES UN1BUE 4UAUTY 4#D EFFECTIVENESS TO THOSE SUBSTANCES. FEDERAL EPA AND OSHA RE6ULAT0NS GOVERNING ASBESTOS USAGE AND CALIFORNIA REGULATIONS (GENERAL INDUSTRY SAFETY ORDERS* SECTION 5208. ASBESTOS* JULY 1*73) PROVIDE ENVIRONMENTAL AND WORKER PROTECTION AS DETERMINED BY ALL REASONABLE REPORTS ON HAZARDS TO HEALTH From INHALATION OF ASBESTOS FIBERS. FEDERAL EPA REGULATION PROVIDES THAT SPRAY-ON MATERIALS USED IN INSULATE OR FIREPROOF BUILDINGS* STRUCTURES, PIPES AND CONDUITS SHALL CONTAIN LESS THAN ONE PERCENT ASBESTOS ON A DRY WEIGHT BASIS* A HIGHLY CONSERVATIVE and restrictive figure based on expert scientific OPINION, THIS RESTRICTION MORE THAN ADEQUATELY PROVIDES FOR PROTECTION OF WORKERS AND THE GENERAL PUBLIC, WE URGE THAT YOU CONSIDER THESE FACTS IN YOUR DELIBERATIONS AND VOTE AGAINST SENATE BILL 2419, R.H, MERENESS* EXECUTIVE DIRECTOR* ASBESTOS INFORMATION ASSOCIATION WORTH AMERICA, WASHINGTON, D.C,