Document 7Rga03RkvNLZ7LBao70RmpB2j

FILE NAME: Asarco (ASAR) DATE: 1979 Dec 4 DOC#: ASAR004 DOCUMENT DESCRIPTION: Letter Sent from Assistant General Counsel, Asarco to Asarco Reg Committee, with Attachment CEMENT ASBESTOS PRODUCTS COMPANY-., MMC0 1400 Twentieth Street, South P. O. Box 3435 / Birmingham, Alabama 35205 Phone 2 0 5 933-7281 I. L. TAYLOR Vice President-- Marketing and Sales D e c e m b e r 6, 1979 Mr. J a m e s L. W o o d s . Assistant General Counsel Asarco Incorporated 120 Broadway New York, New York 10005 Re: Regulatory Affairs Committee A/C Pipe Producers Association Washington, D.C. D e c e m b e r 4, 1 9 7 9 Dear Jim: The Organizational Meeting of the Committee was held in the offices of the Pipe Producers Association, with John Welch of the Association sitting as acting Chairman. It was agreed that recommendation be made to the Board of Directors that Hal Olson, Johns-Manville, be made the permanent Chairman and I would expect no opposition. Those attendance were: Roman Korobij Bert Cook Tom Patterson Hal Olson . Lee Taylor -- - Certain-Teed Atlas of Canada Canadian Johns-Manville Johns-Manville CAPCO (Alternate for Jim Woods) In addition to John Welch, those attending from A/C Pipe Staff: Joe Jackson Leo Horvath Ned Rohn; Schnader, Harrison, Segal & Lewis Documents were presented and discussed relating to the scope and oper ation of the Committee. Attachment No. 1 was presented by John Welch and he indicated that this represented his understanding of the charge Mr. James L. W o o d s Asarco Incorporated Regulatory Affairs Committee A/C Pipe Producers Association Page Two . D e c e m b e r 6, 1 9 7 9 g i v e n the C o m m i t t e e b y the B o a r d of D i r e c t o r s . A t t a c h m e n t No. 2, 3, and- 4, p r e s e n t e d by H al Olson, i n d i c a t e s hi s u n d e r s t a n d i n g of the scope of the Committee and how he visualized the Committee operating. Each of the attachments were discussed and it was a consensus that these attachments, with the modifying notes, do set out the work the Committee visualizes as their assignment. The date of the next meeting was not announced; but the Staff and Mr. Olson said it would probably be right after the first of the year, and would be held in Washington. One other item of interest was an agreement by John Welch to provide Committee members with a bi-weekly list of "hot spots" s u c h as t h o s e s h o w n on " L a u n d r y List" o f A t t a c h m e n t .4. . Jim, the Committee members were very pleased to know that you will be representing CAPCO/ASARCO on the Committee. It was felt that your background adds a considerable dimension to the Committee. All of the members are knowledgeable and hard-working; I think you will enjoy being associated with them. Yours very truly, I. L. T a y l o r Vice President-Marketing and Sales ILT:mf . ' Attachments t ' " c c : Mr. W. T. W h i t l e y Study and recommend policy to the Board of Directors concerning regulatory, legislative, and government relations matters affecting the industry. . Study & recommend policy to the Board of Directors relating to conducting an effecuve and continuing public relations program on regulatory matters. Study, recommend and guide the development of standard protocols for AACPP/ industry responses to field problems. . * Study, recommend and guide the monitoring of national, state, and local regulatory bodies for developments affecting the industry. Study, recommend, and guide'the collection and analysis of data, through research, (in-house or contractual), for responding-to government reports or rulemakings. Study, recommend, and guide the collection and analysis of data relating to the occupational safety and health and potential environmental effects of A/C pipe products. v ' . ' * Study, recommend, and guide the development of cooperative inter-association programs on regulatory matters. . Study and recommend the development of programs on regulatory matters to be included at the Annual Meeting and Washington Workshop. (0 'k* ' ft rv REGULATORY COMMITTEE .C H A R G E A N D O P E R A T I O N S III. Assumptions- that must be made if a Regulatory Committee is to f u n c t i o n effectively. ' A. A/C pipe can be produced in our factories and used in the water works industry with safety if proper - practices are followed. . . B. T h e e x i s t e n c e of t h e i n d u s t r y is t h r e a t e n e d b y various proposed Federal, State and Local Governmental regulations, . . . " C. T he i n d u s t r y wants to pre s e r v e A/C p ipe because of . its many benefits to the consumer, and because it does not present a hazard to the health of people who drink water conveyed by the pipe. D. T h e r e is time to i n f l u e n c e the outcome. E. T h e i n d u s t r y is w i l l i n g t o c o m m i t t i m e a n d m o n e y toward achieving their objectives. General Objectives of the Committee: . A. T o d e v e l o p a p r o t o c o l of p r o c e d u r e s so tha t rapid and^ coordinated action can be taken on matters that pertain to governmental regulations affecting the sale o / Pipe. B. D e v e l o p pro.grams for the A / C i n d u s t r y t h a t will '.provide information so we can inform Federal, State and Local governmental agencies about A/C and other types of pipe so that any such regulations that are developed by such agencies will be fact founded. C. T o m o n i t o r a c t i v i t i e s of Federal, Sta t e , and Local governmental agencies, and to communicate to member companies sales and production staff such activities that c o u l d affect their, programs. . Operation of Committee: . A. C o m m i t t e e t o m e e t q u a r t e r l y o r m o r e f r e q u e n t l y if- . needed. .B . . Committee will develop pending describing the and who is responsible updated bi-monthly and a l i s t of al l p r o j e c t s t h a t are. problem, the current status, for action. This list to be distributed to all members. 0 p r o p o s r;i> a / c i n d u s t r y p l a n t o d e a l , 'WITH "HOT SPOT" PROBLEMS REGARDING THE ASBESTOS AND HEALTH ISSUE premises 1. A l l w a t e r u t i l i t y o p e r a t o r s h a v e b e e n e x p o s e d t o l i t e r a t u r e and data on the asbestos and health issue from A/C pipe industry salesmen or the A/CPPA. . . They continue to use A/C pipe with a knowledge that a controversy can exist, but are personally convinced that the use of A/C pipe does not constitute a health hazard. 2 . U t i l i t y o p e r a t o r s b o s s e s (elected publ ic of f ici.als) h a v e a'lessor deg r e e of knowledge about the asbestos, issue os it p e r t a i n s .to a s b e s t o s in w a t e r a n d th e u s e o f A / C pipe, The water u t i l i t y operators customers (the general public ) have all, to s o m e degree, been exposed to the medic stori es about asbestos. The information they have gathered from these s o u r c e s h a v e been that asbestos is a s e r i o u s h e a l t h htizard a n d a m a j o r c a u s e of c a n c e r in the w o r l d . . T h e i r p e r c e p t i o n level of p o s s i b l e h e a l t h effects of a s b e s t o s in w a t e r is g e n e r a l l y erroneous. A.. When a "hot spot" situation comes to our attention it has B e e n b u r n i n g f o r s o m e time, a n d if w o a r e to iccompl ish anything at all w e must act prompt 1y (within a m a t t e r of a day or two at the most) . T h e m a j o r b e n e f i t of. s u c h p r o m p t a c t i o n is to r e e n f o r c e the the c o n f i d e n c e o f the wa t e r utility o p e r a t o r (and the p u b l i c .off.iciti'ls) t h a t t h e i r c o n t i n u e d u s e of A / C p i p e is j u s t i f i e d . 5. It is p r e f e r a b l e t o r e s p o n d to "Hot S p o t P r o b l e m s " a s an industry (A/CPPA) provided that the time to respond is not lengthened by such action. Goal 1 . Prevent "Hot S p o t s " from occurring by having the f a c t s 'regarding the insignificance of the problem of possible h ealth effects asso c i a t e d w i t h c o m m o n types of w a t e r p i p i n g m a t e r i a l s m o r e wel l know] by utility operators, public officials and the public. In the event "Hot Spots" occur, we must be p r e p a r e d to respond promptly so that local officials will realize they have strong support from the A/C pipe industry for their decision to continue the use of A/C pipe. . - 2- A . Prevent "H o t Spots" from Occurring: 1. Thoroughly educate i^ustry salesmenibutors,"utifitV^ ^ Action By A/CPPA Staff .a. A / C P P A S e m i n a r s Companies . Companies with asst, ro b. Company Sales . ^ ^ D i s t r i c t Sales Special Training to D i s t n c A/CPPA staff. c. Managers . m . iven to District Companies Specific Assignments given u . . . d. Sales M a n a g e r s . . t.! i f i r i a l s k n o w l e d g e l e v e l o n 2 increase the elected public the ingested asbestos isse, t f that A / C pipe is issue than other, not more and P ^ a b l y ^ e s s oioinq materials, and tne u to.the city of.its continued use of A/C pipe . Action By T a c t iJUcV- a* S ^ n v ^ b u , dgef . = t h p more . , A/CPPA advertising towards associations Of e l e c t e d public officials. A/CPPA Companies A W W A , A P W A ,/ n a ^ ori" ^ n s r s h o u W ib e i t h e C n " f o c u s o f " B r a a d v e r t i s i n g a n d d i s plays. - .. _ ti^ ^ e ^ p a ^ r ^ c ^ ^ ^ ^ o n A ^ iiS S sb S to s, 3.v proven negative. Action By T racti1cC tL fr ir r c ti^ firm. ' . Public Relations Firm or; 'Corporate b. D e v e l o p p o s i t i v e s " e V e ^ b e n e f i t s ^ h i s t o r y of P.R. D ept placement in the m = d i a ' *-- etc ' industry, concern for health etc. Q - 3- , r After a "Hot S p o t " Develops - . 1. S h o w prompt s u p p o r t +.1.0 n t i l i t v so repared recognize the A/C indust } - P overcome the adverse publicity tney a that they will to help them receiving, . 2. S e q u e n c e o f a c t i o n s t o b e -taken a f t e r a H o t S p o t . develops. . . a. R e p o r t , s i t u a t i o n to A / C P P A . * Action B y : Committee Member . . . ' b . D e t e r m i n e if t h e p r o b l e m is l e g a l or e d u c a t i o n a l A c t i o n ^ : A/CPPA staff -in consultation with . ' committee member/members. . . committee member/members. . . . 3. G e n e r a l r u l e s ' f o r a s s i g n m e n t of prime r e s p o n s i b l i t y . A. H . ' . A/CPPA Staff - . 1. F e d e r a l a g e n c i e s h e a d q u a r t e r s . 2. N a t i o n a l A s s o c i a t i o n ' s e.g. A . I . A . , AVA-iA, APWA, . etc. ' . . . :3 W h e r e f u t u r e c o u r s e of a c t i o n is o f a l e g a l nature and requires action by attorneys. ,, ' V lief" and follow members 4 - f o ^ c o m p l t a n ^ t h assigned responsibility. U p - d a te p r o je c t+. lliiesft bDii - mm oonntuhil^y a n d d i s t r i b u t e . to members. ' .. . -b . Member Company - . ; l. S t a t e a n d l o c a l governmental, a g e n c i e s . . . 2 . Regional and state offices of federal agencies. - - .3. P r i v a t e a n d m u n i c i p a l w a t e r u t i l i t i e s . ' N O T E : W h i c h s p e c i f i c TC^ e r ~ ^ a n y t h a t s h o u l d , ----- - h a v e p r i m e r e s p o n s i b i l i t y w i l l h a ' determined by consultation and mutual g 4*  " - 4- ' Tactics' for handling a "Hot Spot . . A . Have the following available to supply the utility. 1. C o l l a t i o n of l e t t e r s f r o m ^ ^ ^ o f ^ / C p i p e - h(eMaolrteh woofrfki ciina lsse ceunr^i n g S ^t h e s e^ lree t t e.r s is r e q u i r e d.) , 2. ee v for inclusion with water An e n v e l o p e s t u f i e t ff t b -explain-the health utility bills, " " " piping materials in per . . risk factor for>wf data that explains . spective. Presents 1 9 pipe (lower water why the utility uses A/ P P a ieSser risk to ' . . bills - no more, a n d * ials - no rust in water, health than other material e t c .) . . 3. complete collation of t e o h n i c a l ^ a t ^ o n ^ P A ^ n other studies so that lack of K ingested asbestos" abatements t g frequently ^ can be r e f ^ H i t r a o c u m e n t e d evidence. Asbestos a n d ^ a l t h Presentation^ ( A / V Pac k a g e . plus B. s p e a k e r ) m a d e a v a i l a b l e . 1. C i t y C o u n c i l / W a t e r B o a r d Vv 2 , C o m m u n it*.y' cS ep rr vv ii cc ee O r gga n i z a t i o n s (Kiwanis, L i o n s , L e a q u e of Women Voters, etc) ,. -mtd-girrerr CUIlipitiu ------ . . . ' libelous' s t a t e m e n t s h a v e b e e n D. a l e t t e r s h o u l d be p r o m p t PiPe' a retraction. In m a k i n g ,s u c h s t a t e m e n 9 is received we tshheo uel vd e nb te npor e ps aa rt el d f ^to t aaLk se .legga l a c t i o n in a P P r o p.r i a cases - ' . . . . I