Document 7MK5DwJBzLD5yzj51QK8zoMqo

FRICTION 11ATERIALS STANDARDS INSTITUTE, INC., E-2 10 ROUTE 114, PAIW1US, N.J. 07652 December 18, 1979 TO: BOARD OF DIRECTORS HEALTU ~\ND EiWIRON1'1ENTAL AFFAIRS CO~llUTTEE +am enclosing copies of t~..ro documents that may be of interest to the Board of Directors and the Committee. FAGi~ER ELECTRIC CORPORATION SUBlliSSION TO DOCKET OTS-61005 Ur. Bob Tuegel of Hagner Electric Corporation has sent me a copy of Wagner's submission to the Docket for EPA's Office of Toxic Substances Control Advance Notice of Proposed Rulemaking (ANPRH). There were various exhibits with the l-lagner submission to the Docket which have been a ~atter of record in the past. I did not feel it necessary to enclose copies of those exhibits. The Hagner submission covers several points t-7hich we have made in the past. It is interesting, of course, that the Wagner submission is from a manufacturer who is not a friction materials manufacturer. Most of the arguments used in the 'Hagner submission are applicable, of course, to individual friction material manufactuers. ASBESTOS HEALTH HAZARDS COUPENSATIOH ACT Prior to the Committee meeting on October 23, 1979 and the Board of Directors meeting on December 4, 1979 I had written to Senator Hart in an attempt to get a copy of the draft act for Federal Asbestos Health Hazards Compensation Awards. Senator Hart, in his letter of Hovember 14, 1975, indicated that he had been working on legislation and that it was still in the drafting stage and not yet ready for production or circulation. Subsequent to that I received a copy of the draft as it stood as of November 28, 1979. For all intents and purposes the Fenwick Bill l..rhich had been discussed earlier in 1979 is dead. This was the Bill creating a fund by assessment on certain classes of asbestos products manufacturers. There was serious objection to the Fen~..rick Bill content from most of the Hembership. The Hart Bill, hm1ever, operates within the State Uorkmen' s Compensation framework. Its assessment on "responsible parties" would be based on determination by hearing officers. As this is strictly draft legislation .and has not been formally proposed or submitted, comments \..rould be inappropriate at this time. It is suggested that this draft be routed to someone l..rithin your company who t-10uld be in a position to review and comment on such legislation if it is reported out by the Senate Committee in the future. The foregoing is sent along as a matter of information. EHD/lmc Encs. E. \v. Drislane Executive Director FMSI 07308 me.,,_. ~r].:q'ION l~"..TE!llf.LS STlu~PJIDS INSTITUTE, E-210 ROUTE 1!4,. PAP.AllUS, N.J. 07652 ~ 'Ii:mTES 011 JiEETING of the ~:; .. BOARD OF DIRECTORS Tuesday, December 4, '1979 at 9:30 ~1 .... i \ l!arriott IIotel, saddle> Brook, New Jersey _:---r' --.--~ .. DII".LCTO~~ P~.ESENT R. ~:.. i.ioalli,- Presiden.t r. E. ::essier ; . ; - ~"l. Simoti J \1. Greenen Stuart Cor:dns G. A. Carrigan Raybestos-:~attan, Inc. rJ1 International Bendix 'Corporation Automotive Aftermarket Operations Rrassbestos i:Ianufacturing -Cor!_>oration lluturn Corpor,ation P. T. Brake Lining Company, Inc. s. K. Hellman Corporation Don i.':anly J. H. Art:JStrong B. J. Pir:g Tim Hardy (AlA Counsel) E. U. Drislane I:. P. Gorrtan (FUSI Counsel) .Abex Corporation Bendix Corporation Asbestos Information Association Kirkland & Ellis, Esquire .. Friction llaterials Standards Institute Robert P. Gorman, Esquire * * * ~-* '* :~r. :oalli, Chaiman, opened the meetinr-at 9:30 AH. 1" . HDUTES OF PP.EVIOUS ?TEETINGS ., The !:inutes of. the 1Ieetings held June 12-13, 1979 h.ad be~n distributed. ~io corrections were suggested. . :. . Upon motion duly r.~ade, seconded and unaninously passed, it ~1as; I'..ESOLVI:D: That t:1e Einutes of the June 12-13, 1979 ":eetings be accepted as '!ritten. FMSI 07309 I ; 11PUTES OF TilE i U::ETIHG OF 'TilE BOA:ID OF DIRECTOr-S -2- December 4, 1979 1 OVL::tVIEH OF Ii.lSTITUTE, C!J!!l~TTEE,. AND REGULATORY ACTIVITY As ~:essrs. Pigg and I!ardy uere delayed in arriving, l.!r. l1oalli revielred activities over the past several months. ~ indicated that I!r. Armstrong had been asked to serve as Chairman of a reorganized cotlll'littee llith emphasis on asbestos and tha~he had accepted.- There were additions to the Committee and some chan~es in Institute plans for response to EPA initiatives. In June there uas no organization trl.thin the Asbestos Information Association responsive to the needs of friction materials manufacturers as such. It. ttas not long after. our. meetings that the AIA formed an ad-:1oc Committee for friction materials which was targeted on EPA initiatives as regards asbestos in friction materials and reculations that mig';lt be promulgated by the Office of Toxic Substances. i~r. !!oalli attended a meeting held in the AIA offices on :Tovember 16, 1979 t-rith the Secretary of the Institute, the AIA Director, as well as representatives from manufacturers and the EPA. They met to discuss the information requirements for a voluntary actionprograa on asbestos in friction materials as tvell as the gathering of information that ~muld preceed regulatory moves in this area. The EPA was. moving touards a voluntary action program 't-Jhich t1ould include labelling and education for brake repair "t-rorkers. This, did not present any real difficulty but the gathering of information for the regulatory approach did. The Environmental Protection Agency and the Consumer Product Safety Commission nublished a notice on controlling industrial uses of asbestos. This uas in the Federal legister of October 17, 1979 and t-7as an advanced notice of proposed rule-making in this area. Hith this adv~ced notice the EPA is seeking information ..as re~ards specific questions on asbestos usage, uith f10iction materials as one of the main tar&et areas. The meeting in Uashington rr1as fo.r 'the purpose of helping clarify sotte qf the requests for information by the EPA In these discussions l~Tith EPA some attendees felt that EPA considered asbestos to be a deadly toxic substance uith almost catastrophic effects on anyone ~1ho inhaled it. It ~-Tas surmised at the ~ovember 16, 1979 meetins that the EPA may have already decided that asbestos should be banned in automotive disc brake linings because they believe that the teChnology is available for non-asbestos substitutes~ Theirgathering of i'qformation may be to sup!Jort a position at l7hich they have already arrived, rather than the gathering of information to determine the need for any such ban. The question l!as raised as tohow much asbestos would be removed from the environment if asbestos disc brake linings l'Tere banned. A Director asked uhether the Board. of Directors believed that EPA torill not ban asbestos~ in automotive disc brake friction materials. FMSI 07310 ' ,lll:i!UTES OF TEE HEETET~ OF THE EO.i\J'J) OF DIRECTORS -3- Decer.tber 4, 1979 , INSTITUTE UI:SPOUSE .TO EPA OFFICE OF TO~UC SUTISTANCES INITIA'I:IVES ON ASBESTOS. IN FIUCTION UATERIALS ... ' . : \-J'hile genera'i q\J.Elstions .on tile .use of asbes.tos. in friction. materiI~ ls ' were : addressed in. t)le, advanced .notice of !lropose~ rule.:..making, ur~ G~mond of the EPA prop.C!$ed eleven specific--questions t;hat he would like answers to from friction.' materials manufacturers. l1r . Guimond asked, friction materials inan~factureq ~o ansuer. these questions. He al~:~o-'asked for a date by which ~e EPA would be advised as to whether manufacturers will answer.- these ques tiona. At the meeting, the Secre~ary indicated that. he to~otild try to give.ar. Guimond an answer within _three TAeeks but that it would take. at least eight to gather any such. anst11ers. . __ r. A que;stiont'las asked concerning_ the deadline for responses. In the Federal Register notice the deadlin~ uas December p, 1979. The Asb~stos Information Association had ask~c;l; for an .extension for at least,sixty. dayfl in orc:ler to gather tbe information needed. 'n1e. EPA had indicated that they t-Tould not extend.' the deadline . for infomation .- _(It has subsequently,_ ~eveloped that the-re wil!' be a sixty day extension.) It was stated that _the EPA ,.,ould consider any information they r;athered uhenever it was received even if it did not hit the deadline. In reviet-T of. the eleven questions, it appears that the EPA n'eeds more information before they can proceed Hith their rule-makinp,. It was. suggested that they need more time :to build their case.. A Director questioned whetper :the1:EPA is attempting t.o get this information directly from the Institute. The Secretary suggested that the eleven questions uere prepared for discussion November 16, 1979 at the AJ.A and they lo7ere not prepar~d specifically, with the idea of the I;nstitute making the responl)e. This was discussed in Uashingt~n ~d it:w_a~ n~t decided whether the Institut~'vould respond d:;l.rectly or-. whether. it t-7ould pass these q~estions on, _for individual replies. ~ ~ i .- It ~'laS sug~ested that the_ questions be redrafted in order to give the EPA relevant info~ation.beyond the areas questioned. A Director asked as to holv and t-1hen ~-Te. resolve any deadline -for answering these questions. Should the Institute copy the eleven questions and send it out. t9 the Eernbership right en-ray? It was stated that the Institute should advise the EPA that a response ~Till be made. In addition to answering the eleven questions, there should be information on what are the real_ problems as seen by the industry. Hhat pertinent questions have not been asked? There may. be the need for questions on the availability of substitutes, tooling"; and health questions on th~- substitutes ~or asbestos. It ~Tas suggested also that .the. Institute, ask mernber_s to give an explanation as to what problems they see that have not been asked by these questions. '. (, .., ,. - - '"J It uas asked if. the EPA questions are targ~ted only for automotive disc brake linings . :It was.repliecLthat ~J:lrll.e.some_o these questions pertain specifically ta aut.omotive disc brake. linings that the questions. are general in nature and should apply to .all .. automotive type friction materials . The emphasis on disc brrute materials can be inferred from some of the questions that ~rere asked. It would appear that automotive disc brake materials are the first target of EPA, but they have not specifically said that. It '1-Tas stated that a case be made that disc brake pads are now in a transitional design stage, and do not need EPA regulation. FMSI 07311 . UliJUTES OF TEE 1;EETETr! OF THE llO.i\I'Jl OF DIUECTOP..S -3- DeceMber 4, 19-79 . INSTITUTE ill:SPOUSE TO EPA OFFICE .OF TO~UC SUlJSTf,.NCES INITIA'.UVES ON ASBESTOS IN FniCTION I!ATERIALS , \1hile general ql,lest.ions on thee- .use of asbestos :in friction. materfals were addressed in. t,he advanced .notice c;>f l_?ropose~ rule-making, ur~ Gu~mond of the EPA prop.ot?ed eleven specific .-questions . that he would like answers to from friction, .llllltedala manufactu~ers. l1r . Guimond asked, friction materials manufacturer~ ~o ansuer these questions~- He also-'as}(.ed for a date by ,.,hicp .~e EPA would be advised as to whether manufacturers t-7ill answer these questions.- At the meeting, the Secretary indicated that he would try to give~Ir . Guimond an ans...7er within three T.o7eeks but that it would take at least eight to gather any such ans'l:<lers. . A que;stion ~.,as asked concerning_ the deadline for responses. In the Federal Register notice the deadline ~-1as December H, 1979. The Asbe.stos Information Association had asked for an extension for at least. sixty day~=J in orqer to gather the information needed._ The. EPA had indicated that they tolould not extend. the deadline for information. . (It has ~~sequently ~eve loped. that the.re wilt' be a sixty day extension.) It tfas stated that -~he EPA liould consider any information they r,athered uhenever it was received even if it did. not hit the deadline. In revieu of. the_ eleven questions, it appears that the EPA needs more information before they can proceed tTith their rule-makinp. It was suggested that they need more time to build their case. A Director questioned vThetl:ler the, E~A is attempting t.o get this information directly from the Institute. The Secretary suggested that the eleven-questions nere prepared for discussion November 16, 1979 at the AIA and they ~,;ere not prepared specifically with the idea of the Institute making the response. This '<las discussed in \-7ashingt:on ~d i t 'i'!as n~t decided whether the Institut~would respond diJ:"ectly cir. whether it uould pass these questionsonfor individual replies~ ~ ! - It tvas sugr:ested that the questions be redrafted in order to give the EPA relevant information-beyond the areas questioned. A Director asked as to how and uhen we resolve any deadline -for answering these questions. Should the Institute copy the eleven questions and send it out. t9 the. Eel!lbership right mtay? It was stated that the Institute should advise the EPA that a response t-rill be made. In addition to answering the eleven questions, there should be information on ~hat are the real problems as seen by the industry. Hhat pertinent questions have not been asked? There may; be the need for questions on the availability of substitutes, tooling-, and health questions on the substitutes for asbestos. It ~las suggested also that -the. Institute ask mernber.s to give an eJqJlanation as to what problems they see that have not been asked by these questions. It t.zas asked if the EPA questions are. targeted only for automotive <!isc brake linings . :It ttras. repliecl ~that ~-7:bil,!. some. of these questions_ pertain specifically to automotive disc. brake.linings_that the questions.are general in nature and should apply to all-automotive type friction materials. The emphasis on disc brake materials can be inferred from some of the questions that ~1ere asked. It would appear that automotive disc brake materials are the first target of EPA, but they have not specifically said that. It t-Tas stated that a case be made that disc. brake pads are now in a transitional design stage, and do not need EPA regulation. FMSI 07312 . aNUTES OF TII~ :illETING OF THE BO.Ar.D OF DIREGrORS -4- December 4, 1979 P... najor question._ is.whether a response:should,b~ made. by. the Institute or by the llembers individually . Ther.EL.was' nlso. a_question as to ~~hether a response should be made thru the Asbestos Information Association. rt Has suggested that -there ~'las another alternative \-Thicih would be to have the Institute mal<e' a 1 general respmise and encourage individual replies from member: companies. COunsel indicated that there may be probiems with handling the _entire r'esponse thru the Institute. There is material in the c;.ucotions that Counsel feels dictate that caution be used i f FHSI is gathering 'the responeie. - In response'to-a 4uestion, the Secretary .. indicated that the EPA "n!s not demanding an association reply. The- eleven thequestions "'ere brought to llovember~l6, 1979 meeting t-Tith which EPA~' was asking for industry cooperation. :1hether the information -\las to be gathered by the association or by individual members was not of prime concern to the EPA; However, they ~-1ere concerned with being able to detail the source of comments. In other \Tords, they ~ould not want general comments to be "laundered11 so that the sources are not available on request. It was stated that this Has a non-coercive request for informa- tion, and- that the EPA tmuld like to be able to- rely on this information and to pinpoin~ the source later on if. necessary. . It \-las stated that anything that is sent to the Institute for gathering a response ~-Till becolllE: a document that could be subpoenaed in any subsequent litigation. It was suggested that the -Institute's Counsel: can coordinate the questions asked of the !Tembei"ship~' Because of possible problems of an anti-trust nature' a su~gestion was !llade that the gathering of information might be done more suitably thru a third party in the fashion that the' Institute gathers its quarte'rly sales statistics. The Directors g~nerally concurred in recommending that the Institute represent its metnb.ers as regardS this response.' It ~7as suggested that any critical ques1tioris or questions of a'coofidential nature could be subsequently addressed directly to meobers" themselves who 'vould be asked to respond directly to EPA. One member indicated his preference to reply individually. It' uas suggested that perhaps the Institute should pass these questions direc'tly on to the members for their. response giVing them suggestions' guidance, or cautions as regards the' informati'On they are being asked to provide. The Directors concurred that the response should be coordinated by the Institute. Upon notion duly made, seconded and unanimously passed, it was; ~ J m:SOLVED: -~-'That tlie Friction :taterials Standards Institute should represent its Hembers in respond-tng to the - - information needs in the toxic substance control . ' -.. area as required by the EPA. Any questions, questionnaire or requests for information from the Hembership should first be reviewed by Counsel 'and then approved by the Boa-rd of Directors before submission to the T-1embership. It was again pointed out that all information channeled thru the Institute for the reply WQuld be open- to:the EPA should it subpoena the data. .! FMSI 07313 HINUTES OF THE EEETING OF TilE BOARD OF DIRECTOP8 -5- Decenber 4, 1979 It ~V'as surieested th.at any 'infotmation. that members might have that ~.rould support a position in opposition to .this. regulation>s1lould be sent to the EPA. The EPA. will ;not be subpoenaing: !~formation apposing their -plans for regulation~ It traG felt that- a~ persuasive case caii be. deve1oped for. not. getting: asbestos out of .'friction materials in anyth~ng- less:...than ten years~ Any info'J:mation supporting .such a vie~V"point should b.e submitted. It uas stated ' i:h~t f ~-- manY.. 9 the i~dividuals - ~. working. an asbestos c~trol at EPA are nelv to. th:J.e fi~id~ . Uot only are they n~~T to; :'the 'asbestos ,question but have little background in' friction materials. ,.It il:r 'for..this reason that the lines of communication should pe . kept open~ and~ it-Iras suggested that one of the -industry's jobs ;1ould be to educate EPA' personnel. The Institute shou~d provide. "them with :data and v10rk in a locical controlled mann~r to arrive at any regUlatory' results that are reaHstic Wld achievable. Hhil.: the Hard~- '.'spooli, feed" llrere used the 'point l-Tas made that information should be given ~,fiich gives the~ complete story on asbestos in f-riction materials and .this' ~Y _'not necessarily be. in: the areas that. EPA is questioning~. .It ~ia':f;)_Eitiggested that ~dth the political realitie.s in . Uashin~:;ton.: that the...Qffice of. Toxic Subst.ances will do their best to ban asbest.os.-.';f.n friction. :inateri'als and p,roba:b.ly in automotive disc brak~ ' . rlatertals, at first. A question -y;as asked as to hou the Institute or its members could get EPA' personneL attuned to our problems. A suggestion was made th:at .a to~+~: of plant facilities mi~ht. be wor-th~'lhile as a first. step in the education process. Perhaps .plarit visits could be scheduled '.with member!i from the ~tortheast. '1 . .. Questi6ns t-rerc raised several times as. to, ~~het.her a ban on asbesto::~ .in automotive disc bra!<es ~V'aS a foregone cemcl~sion. It was: sugr,est.ed that. if it is a foregone conclusion the Institute should try to control it aor ph:1se it in in a logical manner with. the 'least. damage to the members. This uould be different approach than ..opposing any such ban. ~1r. Armstrong. asked ..rhether the Board. o~; Directors was in favor of these regulations ~Thich may come from EPA. H~ asked :loJhet.her an .. asbestos ban in friction materials .is inevitable~ Perhaps.the.:Institut.e's approach should be to fight these expected EPA regulatory initiatives. Hr. Hardy indicated that it Has not {lutomatic or a foregone conclusion that ashes tos ~v-ould be banned in .friction materials. There are several questions and burdens__ of proof for uhich the: EPA must. develop .ans,rers. (1) Is there an unreUis:oriable -risk to the health and environment from asbestos iq.. frict.ioJ;i r.taterlals? (2) :Can the risk be reduced by other ~easures than an outricht'ban? (3) Is this the least burdensome means of accomplishing Tox:tc Substances Control Act objectives? (4) Are the substitute naterials less adequate than the oaterials they will be replacin~ from a safety viewpoint.? There is doubt; that raedical evidence would support the ban on asbestos .in ;f,ri.ction materials. ne suggested that the :CPA vill. have a. difficult. _time d,ocumenting such. a ban., ~lr . Atmtrong sue3ested that. if the: industry tV'ished .to m.ake strong oprosition to a ban it uould have to produce nedical evidence to refute the unreasonable risk allegation. _.It. uas indicated that. there l-Tas no one at the: rr.eeting i'n favor of, regulations to ban ashes tos in .friction materials. It ~.Jas suggested at the same time that for members, or the Ins tit.ut.e, or otners opposed to regulatory initiatives to ban asbestos in friction materials, that this did not in any uay prevent us from cooperating with the EPA. It. '~as stated that. it is important. to keep channels of communication O!Jen. FMSI 07314 ;IIliU7I:S OF THE "lEETillG OF TilE BOAP.D OF' Dir.ECTOP..S .. -f.- Decemb~~ 4, 1979 As re~ards a ban., a question was askedregarding:.the final report of the United i{ingdo~-Adv,isory Cornnittee cin: aabestos. : This m~.ll documented report SUggested lower exposure le'\TelS for chrysotile asbestos than .that UOtl in use. It uas suggested that'the"staridard'be reduced-from 2 fibers per. mililiter to.c 1 fiber per mililiter, It::suggested -tighter exposure levels for amosite and. essentially ,a ban cin crocidolite. As the friction _ .. materials industry uses chrysotile asbestos only' it l-7aS pointed out that this approach could be considered in the United States Essentially the suggestion is that. where a. ban may make sense[ for.Jcrocidolit;:e asbestos, it does not refle~t the scientific evidence lihen_proposed for. friction' materials containing cheysoti~e asbestos~ .,.,. :; r:-:..c:.: ..: ~- :; _,: ' ' . . : r: . .l .... As regards the: medica:!" and clinical backgrotmd for asbestos..related, disabilities, it' was. stated: that most of: the important exposure and epidet!rl:ological data has been, derived from exposures in Great Britain in the 1930's and 1940's=> and in the shipyards in the United States during Horld Uer II. It has- been acknetrledged. many times over that these dosages l-lerc extrel'le and -that asbestos' types..other. than chrysotile, had been used. It uas stated that the. Federal regulatory authorities. are relying extensively on this old data .of high exposures and uncontrolled cond~tions for their moves in the 'asbestos\ area. The question t-ras asked as. to .l-7hether mel!lbers' employees actually have a problen.uith asbestosis,, lung-cancer. ,. and other asbestos related diseases. Seve raE members- indicated that they , . are not aware of any problems. . 1Iouever-, they do not. have definitive ansuers that can be used to respond to the regulators; One member indicated that its employees had 30 to 40 years exposure to asbestos in the workplace 1:-dthout apparent disabilities beyond that.~rhich 1i7ould be expected in the general population . L. .. lJ c ::. It l-7as stated that even ~rl.th the, medical historie.s ,that started in the early 1970 'a that there was not sufficient exposure data available ~>Thich uould be needed by a good epidemiologist. It was suggested that it would be in the best interests of the -Institute and its .. members if evidence could beproduced on medical.'histories in our industry. There is a great need for studies on lot>~ leveLexposures. cNon.e are available but the information is needed. It was pointed out that the major concern of the EPA l-7as in the 3eneral environment; rather than-rin,the,_tTOrk: place_. Lot-7 _. level exposures would be typicaL of those for, the brake repail;' l>~orker. - Exposure levels in the factories might be. considerably heavier than th~t for brake -repair workers before the. OSHA: regulations. ,Hhile medical surveillalicei and records started at most: locations: in, the 1970's there were populations-' exposed for~: 20, 30 and 40 years earlier, under tmcontrolled conditions. P~r!tar's me~cal evidence on this population 'muld be of value. ('" ~: r.:,.i:-_, ..i ~ ... ---:'J It t1Yas stated th'at before :any~ ban on asbestos use .in useful commercial products 'su'ch~ 'as friction' materials. tak:es place: that the.re will be some testing of the claims that have been used by the EPA. on. the health effects of ashes tos ~ It t-Tas statd that the. Asl:lestos Information Association plans some l-10rk on risk assessment. _, Three questions. were .asked concerning medical and 'clinical data: (1) . Is. there medical data available? (2) Hould -the members expose individual data to the Environmental Protecti'on Azency? (3}'. Hhat is the existing level of. medical information? FMSI 07315 .I:qJIUTES OF THE UEETit'fG OF TilE BOARD OF DIP.ECTO:t'.S -7- December 4, 1979 The main thread ~ing through the questions posed by the EPA concerns substitutes for ~}Jesto.s! : Ther~ have been several' articles in trade magazines. concem;f.ng the -revlacement of asbestos. !fr. GUimond ~arlier. showed the Seq:etary. an article from Automotive Indtistries in Hay 1979 which w.as ,headed:"Age~ o.f Asbestos on Vehicle Parts Ending ..:a This lias based on information primarily sourced from P.aybestos-Hanhattan. In addition, the EPA had a.letter from General Hotors in their docl(;et concerning their program for nOn_:~pest_os- friction materials- for bra.ltc systems. allIn that letter, which is a_gublic document,- it ~1as noted that General Hotors plans that .. passenger car disc brake applications will use non-asbestos friction materials by the 1983 model year. In addition it made projections on d~ b.~akes:.for 1985, with work on light trucks and heavy trucks_ to follow. This is the type of information that supports possible. EPA plans to:.ban asbestos in automotive disc brake materials. It t-ras stated that llhile this -:may be true for General Hotors, on an original equipment basis, there would of necessity be a time lag for the replace- ment market, for other dome~tic original equipment manufacturers, to say nothing of the imported cars ._,. A qilestioti wae asked whether, current semi-metallic General I1otors disc brake 'linings use asbestos~ It was stated that this ~..as not knm-m, but that some Delco-aorai~e ads had . indicated the use of' non-asbestos materials. Further, it was f!tated that.. some of ,the semi-metallic materials used today have aSbestos in the backing layer underneath the friction material. . It was stated that the EPA l'lill have difficulty regulating non-asbestos friction materials into some industrial applications. One Director indicated that there Hould' be considerable difficulty in adapting a non-asbestos friction material to certain systems used in over:head cranes. It tY'as indicate'd that some of the materials that were. used for replacing asbestos ~V'ere iron po~1der and copper powder. There is a grm..ring shortage of iron pm..rder~ and copper poHders used in .friction - materials. Another Director stated that there are -many problems adapting . non-asbestos _type materials to applications such a8 truck disc brakes. It ~las indicated that some of the non-asbestos types had- difficulty with cast iron rotors and that the brake package had to be almost completely redesigned to ._take steel rotors. It was sugeested that another 'difficulty might surface at a' later date. and this is the carcinogenic properties of the materials being used as substitutes for asbestos. Questions along these lines lY'ere asked. by EPA in thedr advanced notice of rule-making. Howev~r, in many cases the substitutes; that are being used in non-asbestos friction materials are fibrous in nature. There has been a question raised concexning the pathogenicity of asbestos and vhether it ,:7as attributabl~ to its fiber shape rath.er than its. chemical make-up. If it should be developed that fiber struct~~e is th.e problem; it may be that fiberglass and the metal fibers that are used as substitutes could act as carcinogens ~..rhcn inhaled. It is unlikely that the medical risk5 involved with fiber substitutes con be evaluated in the short tern.. FMSI 07316 i..Iiru'i'ZS OF THE i.!I:ETIHG OF . TilE BOArU> OF DIY:.ECTOUS -8- Dccerober 4, 1979 It uas stated that anot!1er que~tion that_ can have an inpact ~10uld be the fact that several manufacturers may no~ have tne technology. to meet non-asbestos friction I:laterial requirement~. . l!hat uill be the impact on each member's individual .company? Hhat time frames do. they see? Uhat costs lvill they be asked to expen,d to develop the technology? Uill certain companies not be able to continue in the market? Hhat. are' the sizes of athe companies that could. be most.seriously impacted by b~~? It was. suggested that the size of a company sight be judged by the _number of employ~es effected. It uas also suggested that the size N'ould be based on the number of pieces, of: friction materials produced by a manufacturer. One Director i~dicated t~~t at the present time th-ere is. a ~ororldt-1ide shortage of tooling . l:n some cases it is _'not a case of havi,ng the funds to spend for the tooling but it is having.the tool maker actually produce the tooling on any kind. of .schedule. For nost substitute materials, a complete re-tooling is called for . One Director stated that capacity in the industry is not adequate now. If the. impact of a ban uoulcl be to cut capacity still. further while manufacturers were developing the gotechnology there could be a serious capacity proble~. One Director asked i f Ford dotor Company .decided that it wante.d to uith non-asbestos ,linings in 1981, tlhere ~muld production ca..:acity come from? It is almost certain that iE a regulation enacting_ a ban went into.effects that certain companies auould ~1ave to get OUt of the business> and there HOUld be marked loss in capacity. It was suggested that information concerning the. size of the market and the amount of asbestos used uould be pertinent. _How biG. is the market for asbestos:-contaitling friction materialsf HO'to{ big is the market for automotive disc brake _linings? There l-tere questions along this line raised.in the advanced notice of pro~osed rule:-making. This. information \Tould be released in any respgnse marie to the EPA. It uas suggested that it may be important' to know hem much asbestos is used in each of the friction material ty?e markets (disc b.rakes, drum brakes. blocks, clutch facings, etc.). H~or Dl\lc;h asbestos woUid be removed from the environment by a ban on automotive dis.c b_rake lini!lgs containinz asbestos? An overriding concern when substitutes are discussed is the confidentiality or the pro?rietary nature of that information. l-!ost of the information on substitute naterials and substitute compounds is confidential. Even the nmor technology for handline; the substitutes is considered proprietary. It uas suggested that any voluntary information that is passed on to the Environmental Protection Agency might be subject to access by parties other than 'CPA. ?!r. Hardy indicated that '"hile there are safeguards befor the infomation, they ,~ay not as strong as they should be. Hhere the information is subpoenaed or coercedfrom the provider there may be better protection of. confidentiality. This concern. for confidentiality cannot be overlooked when- p:roviding_. the EPA or other regulatory authorities information of a proprietary nature. On. the subject concerning transfer of technology, the EPA questioned ~-rhether a company would consider licensing of technology to manufacture non-asbestos brake pads. This obviously is aimed at the automotive disc brake question. The questions on licensins technology \muld have to be mlS\V"ered by individual companies, and while the infor~ation may be routed through the Institute this may be a most difficult question for some members. FMSI 07317 iiiNUfES OF THE liEETING OF . TI1E BOA..TU> OF DIP.ECTORS -9-. December 4, 1979 It was pointed out several til!lL.>-s that \V"here the info:i:lllation requested by EPA is not provided, that they. do have the pot-rer under the- Toxic Substances Control Act to. compel delivery of this information. As regards requestine the information from the iiembership it was suggested. that its !:ealth and Environmental Affairs Committee or a Task _Force review these questions. It lV'as suggested that in order to prganize, .a .response. there might be need for new skills on .the !!ealth and Environmental Affairs Committee. It was suggested that Public Relations skill might be need~d . in presenting the Institute's problems to the EPA. .It tias suggested that a program-be outlined as. the- Committee needs direction . Let _the Committee review the request for. information. from EPA :and _add t;heir own questions. Additional informatiqn_ should .be provided, beyond that which has been requested by EPA. Any additional questions over. those asked by EPA can be suggested by the-. Committee. It was suggested that the Coim!dttee, l'lhen pr~paring questions, ask th~t members ans~rer every. ,question and that they indicate their reasons for not answering such as don't know, prop'rietacy:; or thq_like., _ It ~v-as suggested that the .q~stions might be broken dmm into different categories of friction materials such as disc brake linin~s, drom.' brake linings, brake blocks, clutch facings, industrial segments, etc. A Director indicated that while this may or may not be of value, this is a question that should be corisidered by the Committee when it makes its recommendations. A Director suegcsted that it ~!ould be worthwhile if the-Committee or a Task Force meet with.the EPA. In particular, hesuggested.that a group meet with l!r. Guimond and others in the Office of Toxic Substances lV'ho have direct responsibility for rule-maldng on asbestos friction materials. There could be an informal meeting ~-Tith the EPA and an Institute Task Force for clarification\ of the: questions submitted by EPA~ This l-Tould indicate that the- Institute is. anxious to cooperate and it t-10uld be . helpful if the EPA: could: be .more definitive and a'pe.cific on soi!le of the questions. In addition this may also buy some time u-here the members ,can be ~-rorking on the questions .and perhaps gathering some prelirid.nary data. It H'as stated that the questions asked are broad questions:. and they should be more definitive or ask specifically what they are looking for. ~fuile a meetinr; is being ~10rked 01.1t with the EPA, the members tTould be advised on ~That is going on so they,could start gathering information. It t-7as suggested that any meeting i:light best be held in the Hashington area. Hr. Pigg suggested that it would be ~-Tell to have the meeting at the EPA offices. An Institute Task Force to be organized by Hr. Armstrong could discuss the technical questions that are involved~ They could also get some input to those in the-.-EPA rE!sponsible for-regulations . In other ~rords, the 1ncetirJ.g wit~ the EPA might not just. be for clarification of the questions but. it- c_oul_d: also- be for raising issues and indication of industry probleos with a ban. The questions to be ans-v1ered,in response to the EPA request -v1ill depend upon the ansuers that the Task Force gets from EP;_. Hr. Uoalli indicated that he would pursue this 'further. l7ith Hr. Armstrong, Chairman of' the Health and Environmental Affairs Committee, to get the Task Force in operation. It ,.,as agreed that the Institute uould continue r-mrking Nith the Asbestos Infomation Association and in. .particular vJith its ad-hoc Committee. Correspondence rould continue to -be interchanged bet1-1een associations. irr. Piee noted that the Asbestos Information Association has given presentations to the EPA. One was on the consumption of asbestos and the other was on ~edical information as regards asbestos related disabilities. FMSI 07318 .liiiJUTES OF THE i.:EETii:m OF THE BOARD OF DIRECTORS- -10- December 4, 1979 As indicated earlier, a question ~-ras raised as to nhether the Institute should go to its lfembership with a program to answer questions submitted by EPA. The riembership should be informed as to what the Directors and the Comnittce are doing as regards asbestos in friction materials. It ~ras suggested that ~re adVise the full liembership as to the current: high level of activity in the asbestos area. It .-las suggested that the. . . !1ernbership be sent the _same package of literature, letters and documents that m!re distributed to the Directors at this meetingo. It was noted - that there should be a strong covering letter to .the Uernbership emphasizing h01:q serious the EPA initiatives in the toxic substances control .area really are. Also it was s'pecifically. noted that where the eleven questions from EPA are forwarded there should be- a note on the. top of the; draft to the effect that the- Institute and :its COmmittee are revie-,;fing these questions and ue hope to have them clarified and:perhaps supplemented before ans~-Tering. ln other ~10rds, the membersshould not take these questions and make direct replies. to EPA until the questions have been clarified. In any fo~oJ"arding of dat'C:F to the members it ~ra:s suggested that these eleven questions froo EPA be put at- the top of the pile;; and indicate that the questions raised by EPA"in the information gathering process are most i m\port ant' . . ., . -;---. -- -. -. - .' - . .'. . . ', -... Upon motion duly made,' seconded .and \lllani!llOUsly passed,- it uas; r~SOLVED: That the Institute send members copies of all documents distributed at this Board of Directors 1~eting relating to EPA initiatives in the .toxic substances control area. - -_ The members should' be advised that the Committee w.Ul be reviewing this lrl.th EPl, and the questions may be further clarified or enlarged in order to develop a meaningful; response. The menbars llill be. asked. to send whatever additional: i.nformation they fzel t-7ould be appropriate in replying to EPA.' Hhile these eleven questions should be sent to the members with this package, they should be told that the- questions .. are being re-phrased and they should not be answered. at this, time.- -. ~< ,- After the Task Force has contacted the EPA and the questions have been re-phrased or supplemented, the covering letter and questions should be referred to Counsel before being mailed. :' : SUMHARY OF PLAl,TS FOR INSTITUTE P..ESPONSE , .!_,;) ,._ . r. ... The following": steps are. to be. taken in organizing. a response to the EPA as regards their initiatives on. asbestos in the friction materials area. 1. - A:complete file of the documents distributed to the Board of' Directors ~"ill be sent to. tlte 1:-!embership.-, 2. The craft eleven questions prepared by EPA will be sent with this package, but it is suggested that replies not be made until these questions have been clarified with the EPA. 3. A Task Force will meet with the EPA 1 s Office of Toxic Substances to revieH and clarify the questions. FMSI 07319 l )1~:NUTES OF TEE :~E~Il~G OF THE BOA!m OF DIRECIORS l -11- December 4, 1979 4. Toe Heaith arid' EnVironmental Affairs Co1IJ11iittee l-lill . . review an~frecommend -,;V'ording for the ques.tions to beasked 'the ~~mbership. 5. The questions after- review by Counsel trflL then be::aent to the Uembe~ship 'for !lre!laration: of an. Institute response. It is aBal.n suggested that in phrasing the questions that the. Committee advise if the questions pertainto thabroad rangeoL frictiOn products or to specific product lines. ... INSTITUTE RESPONSE TO EPA ON POPULATION EYJ?OSURE AND ;lOUTES, DURATION .Ai~D. FREQUEUCY OR EXPOSURE. ' The Health and Environmental Affairs Col!llllittee drafted a letter to the Environmental Protection Ae~~cy concerning their suggestec regulations on asbestos. This response. lV'a~ patterne_d _a_~~e.r. in~omation.gathered to refute an earlier liT Research IilstituttLretiort lo7hich. po~iiited ai~asbestos friction m~terials as havin~. ~ ext're~ely high pop-~iation-exposed at high exposure rates. This document uas prepared by the Cominittee and .. revised by the Chairman and ~ias ready for distribution to the. EPA. The. Diractors stated that this letter to the EPA should. first be. reviewed and approved by Counsel. Then uith Counsel revieu and possible revision. of the letter, it nust be a?proved by the Board of Directors .before:release. FEDERAL ACIIVITY - .'.SBESTOS HEALTH Hf.ZARDS COIIP!mSATION Ac:r Th;! Secretary advised that he had t-rritten to Senator Gary Hart who uas to be the- sponsor.-inthe Senate of :~.an Asbestos;llealth:.Hazards Co!!!pensation Act. tt"\Ie.s stated that the Femlick Bill as dr~m up earlier -vras dead. It ~-Ias ;i.ndicated! that this bill HaS never- given seious .consideration . from the~onset-but it:.'ilas -a stepping.. stone. touards a practical compensation bill. Senator Hart's reply indicated that there was no action being taken on a Senate Bill at .this time. .-.. :_-__ ;.r ..... l~r. Pigg advised 'that:rhe"had just'received a copy of some draft legislation for a compensation act,_ . He had only recieved this draft the day prior to our rn~eting. The recommendation of the Health and Envit;onmental Affairs Committee was that no ac'tion be taken on .an asbestos health hazards CQI;J.?enaation act. until 'the Committee was able to~ review the content. ~!r. Pim;; gave this. draft to the Secretary ~"ho. 'i7ill send it- to the Connnittee for their consideration and comments .. : -... , ~ -~- :-;,_ ,I .L."'T :_. . '1 .:_ , '-' 0 HEALTE AHD-EliVIROI-iiiElITi..L--AfFAIRsCOI1MiTTEE REPORT--- .!.) "'::.,:~::~. ,:--t:::. . ;.r~- ....~ . ---~ _:~'.:.J01.i.' r,\/~;-:.. :_.~ ~~ IIr. Armstrong, Chairman: of. the Health and Environmental.:Affairs Committee, reorganized this Committee; and expanded .the I:E~mbership. to inclu~e. new. members' fran !i.K. Porter Company. Thiokol and. :Iutum. Hr.Armstrong , indicated that there was no charter or direction for the Cownittee. as such and that the. Committee was drafting .a charter which. he 'ii:as nmr .. reviewing~ The: Committee recommended that ~V'ith.no knm-lt'l action in the area of an asbestos compensation act that no action should be taken. at this time; The Co~ttee will continue_ to monitor any, activity in this .:?.rea. FMSI 07320 l:IilUTES OF THE IlEETING OF T..-iE BOARD OF DIRSCTORS~ -12- December 4, -1979 The Committee revie~ied theo "Friction I!a:terials T-Jork Practices Guide" and a one page notice entitled. 1'Recol1Dllendcd Procedures for Reducing Asbestos Dust During Brake Servicing.:~ This one page document appears in many of our catalogs and it was compl:e'tely revised;.' AB regards plans by the Occupational Safety and Healt~Administration, questions were asked: as to ~~here 'this standard is headed. Er. Armstrong indicated that based on some technical papers on past asbestos exposure and.asbestosis levels in Great Britain, that there: may be pressure; to move the stan.dard to 0.3 fibers per cc. In addition he would expect other OSHA~hanges. Upon motion duly made, seconded and unanimously passed, it tias; '' P.ESOLVED: To accept the rE!port .. of''tha Health. and :0 - -- ...Environmentcii Affirl.rs committee as reacT~ GENERAL' HEETING/PRESE!ITATiml ON INSTITUTE AND REGULATORY ACTIVITIES REliATIUG TO ASBESTOS :; lir. ~!easier suggested that a ~'!embership meeting be, called to go ovez:. this high activity in the asbestos area prior to the June Ueetings. It was . suggested that rather than having a formal meeting ~rith Delegates and Alternates uith marketing orientation. that nembers be encouraged to send those interest'3d to the :neeting. It was also suggested. that it could be t-iOrth\Thile to invite an EPA representative to talk to the nenbers. It was noted that any such aeeting \-Tould have to come subsequent to the qTuasekstFioonrcse. meetin.g...w. i-th EPA~_a_n_d_~_th_e..__s__u_b__s__e_q__u__e_n__t.. _C_o__m__m__i_ttee me.e..t.i..n. g. on the A Task Force ,.,as organizedf to. target the location. and date for such a meet- , i,ng.. 1-<essrs. Greeneri, Hessier and Drislanevolunteered to. serve on the- Task Force. It ~1as suggested that a Tuesday 'i'ould be the best day. for a meetingand that if itwas heid1inthe. ~lortheast.:the.meeting besch~duled for 10 }~.!~. perferably at an airport location .. It'wassuggested that if the meeting ro1ere to be in February or l!arch that perhaps it might be .. better to hold the meeting in a central airport such as at Atlanta. If it uere' to be held near the Atlanta airoort it wa8 s.uggested. that the meeting be scheduled for 1. P .L. which \-Tould give parties from many locations a chance to fly in during the morning. It ~.,as suggested that torithout :mouins the number who will attend such a meeting it may be :~difficult to schedulP. airport locatiems: for s:ucll a meeting. The Task: Force will coordinate and disciJss ?lans for such a meetin[>. as regards time: and loca- tion and report back to the Board of Directors. NO!:l-! liD:BEIt FRICTION Ir.ATEP.IALS ?'IANUFACTUP.EP.S v; ._:' ' ~.. -. - . ~ .:.. , :. ' . 1. t . on-Prior to the meeting ~Ir-~ Gr~e~en- noted that -Krasne-Tianu'tactudng- the Ilea t .Coast WaS back riianufacturin~ friction. materials.-, .. They~ had be~n. purchasing slabs- from Bendix from whi.ch they ~rere. cutting_.puc,.'lts: for im-. ported car disc brakes. :~r. Greenen; indicated that they, are nmr manufac- turing their otm pads and they are selling them under private label' and through other distribution channels He indicated that they t-1ere using the FilS! numbers on these products. Hr. Hessier' s comuany has, provided _ the slabs to I~rasne and he ~ras not mrare that they t-1ere back in the. , o.anufacture of friction materials from basic ingredients . _ It-~was sug- gested that a letter be '~ritten to the Krasne :Ianufacturing inviting their :r?.mbership in the Institute. FMSI 07321 ~HNUTES OF TI!E .~"ZJ::TillG OF TEE nOARD OF DIRECTO~S -13- December 4, 1979 A question was raised about Virginia Friction Products in Virginia run by the Carreras family. The Secretary- indicated that he had uritten to Hr. Bill P..xlerod at Krasne over a year ago concerning possible liemberahip in the Institute. tie had also written to I:r. Carreras of Virginia Friction Products. llo replies l-Tere received. One of the' problemsuith the Vireinia Friction ..Products operation ~Tas discussed at- the June 12~ 1979 meeting. The Secretary at that time was directed to write to . _ Virginia Friction Products which he did. He also called U:r;;'' Joe Goodreau at !lidco in ~tiddlet~m, .connecticut concerning Virginia: F:d.:hion Products. A question was asked ~ regai-ds non-mctnber ~e of-'1~eopyrights and l~hether lacl' of enfor~emeut of a copyright Irlght be a path to loss. of the C<?PY- right. Counsel indicated that: he was not coinpletely :versed on copyright law but that he believed this ..to be so.' 'l1u:i:. SecretarY suggested that before he l-Trites concerning Uembership in. the. Institute and copyright infringenent that he have sOm.e evidence on these manufacturers' use of the F.. ISI numbers. It was stated that the foll~ring would be a {)rogram for correspondence and follot-t~up:. 1. Send a letter to the manufacturer su3gesting Hembership and advising.'on use of the Institute's copyriBhts and trademarks. - .''. ._, .' a:2 After Sufficient time ~a~(iapse'ci, Write fOllCJt<J-Up L letter and at. the. same time' urite. to 'the !!emhership anyasking for evidence 'of-that:'manufacturer's use. of the Institt~:t'e's .. co . p y r ' i g.h-t.s . c,i~-c- tradetnarl<s~ . 3.: If eviden~e is available f'rom the Hernbership on tne 'suse of the Itistitute 'copyright's and trademarks . . . wrlte "another' follow-up' i~tt.er . :.-.. ~ . . . . ' : ~' ~:.""' ..: -- l' : ; .::.'" . . ....... -. - ..- ' f1: . 4. !{-there has been no re{!ly7to tne foliw-up l~tter (after proof has !jeer{proVided) the question will be referred to Legal :counsel for his follow-up. . IDENTIFICATIOli OF. llETALLIC TYPE .LININGS The Secretary indicated that at:' the' June 1979 Board of Directors !teeting they referred a question concerning metallic linings in Institute Catalogs to the Data Book and Technical Committeee. ~ro members had suggested that there be speCific identification of' se~-metallic or metallic type. linings in the Institute's catalogs. At the October 23. 1979 meeting of the Data Book and TeChnical Collliilittee the Cotm::dttee adopteda.resolution against listine metallic type friction materials in the In~t!tute's Catalogs. They resolved that the original equipnent metallic or other formulation of friction materials not be shown in bulletins or catalogs and supported that resolution lY'ith these five items: 1. i.~etallic composition information is not readily available. Original Equipment manufacturers may consider this information privileged. 2. The Institute should not make recommendations or infer recommendations on formulations for brru<es. FMSI 07322 ... illlTIJTI:S OF 'i':m:..!EETIUG op .TEE !30AfJJ OF DIRF.CTOrtS 14- i December 4, 1979 3. T..1er~. is:. a. difficulty r-:it~ running chanses uhere <rl;lter~al CO_Qppsit:!.OilS; chanr:;e dur:!.nf.. -~ ~Ode], year. 4. ~he. incl~siOn of. such' a chan -:>:e could. be t11e fore- ~runner to. lis tin' other t~7'les of naterials such as . .f.iperglaso ~- ~t::c. I - .' ~ . ~' ~ ' .4?-i?g& ..5 .. There are differences . c ~:_meta11:1;c; as r. e g . a : t ds ' the definitions ; o f. Upon mo_tiop ci.uly -~de~'-~~e,condefi, and. 1Jilanimously P8f3Sed, ~t ,;-ras ;. ... . . . ) r c. 1 1 r) ~' ;~ ) 7 ! /- , . ~. ::ESOLVED:. That, the..noard of. Directors concurs. with ' . . Data Book. and 'Technical:eornnittee in not shooiin;},:~tc:i!lli or other. formulat'ion of .: " ocfriction materials .:Lri. its bulletins 'or -; catalo-gs ~r: ~. . ::.~ : ~-~..: 1 ~>; '~' .J ... y~ APRA BI',AKE SYS'I':S: 'S PTSTITUTE i'EETING The Secretary advised that : :r. Sinon had invited him to' ad4'ress the APRA' s Brake Syst.:rn.s Institute at .:l. T:leetin!" scheduled at Port Lauderdale, .Florida on Februar} 11. 1979. The Secretary indicated that he felt he needed the Board's approval to attend such a meeting ... <~r. Simon ~11as. .asked trhat ~-'r. Drislane \Tould be asked to discU:Ss:. i~r. SirnonJ.D.dicatcd that .it ~11ould be involved uith edge coding and ~dentificationoori brake l_inings, activities of the Institute, and linllig~present:atian .in ~the catalogs: A question '11hich had come up ~nth the l':EP.A concerned metallic lininr, listings in Institute Catalogs . , .There. uas a auestiqn as to t-lhether :~r. Drislane 's appeara:1ce at this ;;;eting ~ui4 ~any benefit-.to die Institute,. and could it interfere with the schedule of''activities in the. asbestos area-over the ~-Tinter mont!ls. The President questioned the value of an ex{ienditure for this trip. The Directors rask,ed. the Pt.e;~id~nt ~1:0 ,v7p~k out a. decision with the Secretary as regards his .making a,pr~sentation to the APRA.v s Brake .: . '. 'Systems Institute. '..- . '.:: .:::~>\~ :.,~ * * -* * ' .. There being no other business brou8ht to .the attention of the Board of Direc::to~s, ;~ -~~;:_; . . . duiy'Upon moti~- ~i-'T ")')'""'/"i-n' a.Q'.,E~:."',.'scco~ ded and ~- --~--~ Unanimously pa. ,s:sed~ .. ----- . ___, _ , . -~~-----1..:.. ~-.r ~.J ..:. . : Q\ .:.~1 .i.'-.: .... :. -. J;'.ES9LVED: ':for, .a5ij ot,tm~. .' 1-'~ - .J -~ it vlaS; .} ' . . ; J:": FMSI 07323