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December 31, 1982 RFCI Issues Statement On Asbestos Use In Flooring In a press release dated Dec. 17, Resilient Floor Covering Institute (RFCI) issued a statement clarifying use of asbes tos in resilient flooring. Release was prompted by recent publicity regarding asbestos and its use as a raw material by producers of vinyl floor tile and sheet vinyl flooring with an asbestos-containing backing. According to release, "There has been no evidence or indica tion established that asbestos fiber as used in the resilient floor covering industry in the United States has represented a health hazard. Publicity on this subject has only intro duced concern which is unjustified." RFCI cites results of study conducted for it by SRI Inter national, an independent consulting and research firm, in support of its statements. SRI International study; com pleted in Dec. 1979, was made under actual job conditions of installation, usage, maintenance and removal. It con cluded that there is no exposure to airborne asbestos fibers from vinyl asbestos floor tile in use or in maintenance. SRI's findings with regard to sheet vinyl flooring concluded there is no airborne release of asbestos fiber from the wear surface in use or maintenance since it contains no asbestos fiber. In addition, for both tile and sheet flooring, it was found that when recommended procedures for removal and installation are followed, exposure to airborne asbestos fiber is substantially below allowable limits established by Occupational Safety and Health Administration. SRI International report along with accompanying data gather ed from individual resilient flooring producers on safety measures being followed in producing and handling products containing asbestos fiber were submitted in Feb. 1980 to U.S. Environmental Protection Agency and Consumer Product Safety Commission where they are available for public inspection. RFCI's press release concludes by reiterating,"The'resilient flooring producers operate under the surveillance of the U.S. Occupational Safety and Health Administration (OSHA) in the handling and introduction of asbestos fiber as a raw material ingredient within manufacturing plants. The floor covering ASBESTOS INFORMATION ASSOCIATION 1745 Jefferson Davis Highway, Crystal Square 4, Suite 509 Arlington. Virginia 22202 (703) 979-1150 CAP CO JEN 0013262 Page 2 industry has an outstanding recojd of compliance with estab lished OSHA Regulations and protection of production workers against health hazard." Medical Group Publishes Diagnostic Criteria For Asbestos Pneumoconiosis Committee of the College of American Patho logists and National Institute for Occupational Safety and Health (NIOSH) have recently issued a report on diagnostic criteria for asbestos-associated diseases of lungs and plu ral cavity, and a proposed system for pathologic grading of severity of asbestosis. Diagnostic criteria and grading scheme were published in Oct. 1982 issue of medical journal Archives of Pathology and Laboratory Medicine. In order to determine diagnostic criteria which, according to report, have not been described fully in medical litera ture, Committee reviewed pathology material, i.e. tissue samples, taken from many cases of asbestosis, lung cancer, and mesothelioma. Proposed grading system for asbestosis, intended only for semiquantitative estimation of degree of asbestosis, and not as an aid to diagnosis, is also based on examination of lung biopsy material. In this respect, it differs from grading protocols for radiologic (X-ray) assess ment of pneumoconioses developed under auspices of Union In ternational Centre Cancer (UICC) and International Labor Or ganization (ILO). To date, no attempt has been made to cor relate radiologic severity of disease with studies of patho logic material. Chairman of Pneumoconiosis Committee is John E. Craighead, M.D., University of Vermont College of Medicine. Other members of Committee include Andrew Churg, M.D., University of British Columbia; Francis H.Y. Green, M.D., NIOSH; Jerome Kleinerman, M.D., Mount Sinai School of Medicine; and Hans Weill, M.D., Tulane University. Copies of report may be obtained from offices of Dr. Craig head, Department of Pathology, Medical Alumni Building, Uni versity of Vermont, Burlington, VT 05405; or Dr. Green, NIOSH, Division of Respiratory Disease Studies, 944 Chestnut Ridge Rd., Morgantown, West Virginia 26505, telephone (304) 291-4581. OSHA Authorizes Personal Sampling Devices For Inspections In Federal Register of Dec. 10, Occupational Safety and Health Administration published a final rule to expressly authorize its compliance officers to use personal sampling devices and to attach these devices, such as noise dosimeters and air sampling pumps, to employees during workplace inspection. The amendment was necessitated by conflicting judicial deci sions as to whether prior regulation provided sufficient authorization for OSHA to use personal sampling devices. CAP CO JEN 0013263 Page 3 Under authority of Occupational Safety and F'jalth Act, regula tions were promulgated in 1971 which permitted OSHA inspectors to "take environmental samples" and "employ other reasonable investigative techniques" during inspections. Although OSHA had always interpreted this regulation to allow use of per sonal sampling devices, courts were not in complete agreement. For example, federal appellate court in 1979 ruled that ab sent a lav: or regulation specifying their use, a court could not order cancellation of a company policy prohibiting em ployees from wearing personal sampling devices. In 1981, another federal court of appeals concluded that regulation promulgated in 1971 did not give employers "fair warning" of conduct required or prohibited since it did not specify use of personal sampling devices as a "reasonable investi gative technique." Accordingly, in Feb. 1982 OSHA proposed amending its regula tions to expressly authorize OSHA compliance officers to use personal sampling devices and to attach such devices to employees during workplace inspections. In its Dec. 10 notice of promulgation, OSHA addresses con cerns raised in response to its proposal. Agency noted that with regard to issue of whether placement of such a device on an employee may, under certain circumstances, con stitute an inherent hazard which subjects employees to po tential accident and injury, no comments received specified any accident or injury caused by their use. Responding to comment that new regulation could be inter preted to authorize performance of unlimited tests upon employees such as blood testing, urinalysis and skin-patch testing, OSHA notice declares, "it is not the agency's in tention to authorize such tests of an employee's body. Rather, the agency views the regulation as authorizing ex ternal monitoring of noise and air contaminations through the use, inter alia, of dosimeters and air sampling pumps. Any monitoring involving employees' body fluids or internal testing is beyond the scope of this rulemaking." Court Rules Cost-Benefit Analysis Applicable To OSHA Rule In a decision handed down Nov. 19 in case of Donovan v. Castle & Cooke Foods and OSHRC, a U.S. Court of Appeals upheld a ruling by Occupational Safety and Health Review Commission (OSHRC) vacating a citation for a violation of OSHA's noise standard on basis of cost-benefit analysis. Court's decision appears to limit applicability of last year's cotton dust case, in which Supreme Court rejected cost-benefit analysis approach in OSHA rulemaking (N&N, June 1981). Specifically, cotton dust case. Textile Manufacturers. Institute v. Donovan, addressed issue of whether section 6(b)(5) of Occupational Safety and Health Act required a determination that costs of a standard bear a reasonable relationship to its benefits. ?c'-cti.-'-". 6(b)(5) deals only CAP CO JEN 0013264 Page 4 with promulgation of standards for toxic materials or harmful physical agents. Focusing on use of word "feasible" in 6(b)(5), Supreme Court stated that standards under that section are only subject to limitation that they are "cap able of being done." It reached conclusion that "costbenefit analysis by OSHA is not required by the statute because feasibility analysis is." In Castle & Cooke case, employer was cited for violation of noise standard, promulgated under section 6(a) of OSH Act, because it provided employees with ear plugs and muffs rather than instituting engineering controls as re quired by standard. On review. Occupational Safety and Health Review Commission found that evidence demonstrated that costs of implementing engineering controls exceeded benefits obtained by affected employees and vacated cita tion. Upon appeal, U.S. Court of Appeals for the Ninth Circuit rejected Labor Department's contention that case was con trolled by cotton dust' decision. According to appeals court, cotton dust standard was promulgated under section 6(b)(5) of OSH Act while noise standard was promulgated under section 6(a), and Supreme Court "specifically de clined to apply its definition of feasible to regulations promulgated under section 6(a)." Under these circumstances, OSHRC was "free to exercise its authority to interpret the regulations it is charged with enforcing." Court then up held OSHRC interpretation that "a control is not reasonably necessary and appropriate if the benefits to be gained by employees does not justify the cost." Section 6(a) of OSH Act relates to national consensus stan dards and established Federal standards adopted by OSHA. Promulgated under its authority are regulations found in section 1910 of Code of Federal Regulations, among which is asbestos standard (1910.1001). AWCI To Sponsor Abatement Seminar The Association of the Wall & Ceiling Industries International (AWCI) and the Foundation of the Wall and Ceiling Industry will conduct an Asbestos Abate ment Training Program March 21 to 23, 1983, at the Adam's Mark Hotel in Philadelphia, PA. The series of seminars will deal with techinques and procedures for reducing or eliminating the health hazards attributed to asbestos containing materials applied in the past. "Because of the great importance given to rectifying a situation that developed prior to the investigation into health hazards imposed by asbestos," Technical Director Gene Erwin explained, "a huge market is await ing the construction industry." CAPCO JEN 0013265 Page 5 "Asbestos abatement is far more than merely painting over the existing asbestos used in buildings, and the contractor who goes into this kind of work must be aware of the problems and challenges that such an un dertaking involves. They are formidable -- but manage able," Erwin said. Heading the list of five instructors for the Philadelphia seminar will be Donald J. Pinchin, Ph.D., of Toronto, Canada, who has been involved in the development of tech niques for effective abatement procedures. The two and one-half day course will address the concerns and responsibilities of owners, architects, enforcement officials, contractors, and consultants involved in asbes tos abatement. If demand warrants, overflow arrangements call for a repeat seminar immediately, at the same location from March 23 to 25. A registration fee will be charged. Full details may be obtained by calling Rob Lederer, AWCI, at (202) 783-2924, or writing AWCI, Asbestos Abatement Training Course, 25 K Street, NE, Washington, D.C. 20002. CPSC Meets To Select Asbestos Panel Commissioners of the U.S. Consumer Product Safety Commission met in closed session on Dec. 15 to review nominees for its Chronic Hazard Advisory Panel (CHAP) on Asbestos. Amendments to Consumer Product Safety Act (CPSA) in 1981 require that Commission establish a CHAP to review and report on a sub stance associated with chronic hazards of cancer, birth de fects, or gene mutations before beginning rulemaking on con sumer products incorporating that substance. A list of 21 nominees to serve on CHAP was to be provided to Commissioners from National Academy of Sciences (NAS). Of these 21, 7 are to be chosen for CHAP. Notice requesting interested parties to submit nominations to NAS appeared in Federal Register of April 22 (N&N, Apr.). According to CPSC staff, process of selecting all 7 panel members should be completed by early next year. Commission has been conducting tests on consumer products with .asbestoscontaining components for some time, completing tests and dropping from further consideration a number of products last Jan.(N&N, Jan.). Staff are continuing to examine consumerrelated use of asbestos in paper and millboard, dry mix furnace cement, wood and coal burning stove door gaskets, certain laboratory and artists materials, and stove pads and iron rests. CAP CO JEN 0013266 Page 6 Wisconsin Town Reassured Asbestos In Water Not Hazard According to an article in Madison Capital Times, a review of scientific evidence overseen by Dr. Arnold L. Brown. Dean of University of Wisconsin's Medical School, concluded there is "no public health hazard" from asbestos in Town of Weston water supply. "We conclude that at this time, the preponderance of evidence is that the presence of asbestos fibers poses no public health hazard," wrote Dr. Brown to township attorney, adding, "the reported number of fibers is similar to those found in approximately 20 percent of other water supplies in municipalities in Wisconsin and in the U.S. generally." That conclusion varies from warnings voiced by University of Wisconsin professor Dr. William Croft, a specialist in environmental toxicology who set off a furor when he billed township $129,000 for his research. Dr. Croft had concluded that there were a "substantial" number of asbestos fibers in water supply, although it's unclear whether he indicated that fibers posed a health threat to community. Review was requested by University chancellor's office after town questioned findings of study conducted by Dr. Croft. Dr. Brown stated he could supply "no explanation for the vari ance between the results reported." Dr. Brown and two other university scientists. Dr. Henry Anderson, a clinical professor of preventive medicine and member of State Division of Health, and Dr. Marty Kanarek, a professor of preventive medicine, offered their services for review at no cost to town. Con clusion of team's three members was unanimous. Dr. Croft's consulting activities are under investigation by State Department of Justice and University chancellor's office. In July, Dr. Croft said he had "explained very clearly" to Town of Weston officials that his expenses could reach between $200,000 and $300,000. Town has paid $49,000 and withheld pay ment on remaining portion of bill. Ontario MOL Schedules Meeting On Proposed Regulation For Asbestos On Construction Projects Ontario Ministry of Labour has scheduled a public meeting for Jan. 17, 1983 to consider its proposed regulation for asbestos on construction projects. Meeting will commence at .2:00 PM in the Ontario Room South, MacDonald Block, corner of Bay and Wellesley Streets, Toronto. For further information contact MOL Standards and Programs Branch/(416)965-8710. AIA/NA filed comments in Oct. (N&N Aug. & Oct. refer). Sepa rate asbestos standard for construction industry complements general industry asbestos regulation promulgated last Aug. by Ontario. CAP CO JEN 0013267 GUEST EDITORIAL Drug contamination and DC 10 crashes shock us to action, but familiarity with a hazard seems to breed complacency Health Issues: Reaction Versus Action As the evening network news unfolds its latest findings on the Tylenol story and announces "The death toll now stands at seven," our spine crawls and our scalp grows tense with energy. We -- The Public -- are alarmed. Many of us had similiar feelings three years ago when the DC 10 crashed in Chicago and the network re vealed that over 200 were known to be dead. We march to the school board and demand immediate action when we learn our six-year-old `Susie* attends an elementary school which has asbestos in the in sulation on the band room ceiling. We don't know how much asbestos or if there is any significant risk of exposure. As far as we know no body has been injured or killed, but we have read in the newspaper, seen on television, and heard from Helen across the street that asbes tos can cause cancer. That awful' cancer. For these and many other simil ar cases (cyclamates in artificial sweeteners, formaldehyde in foam insulation, lead in paint, poly chlorinated biphenyls in trans former oils, etc.), we are alarmed and ready to react with drastic ac tions. Our first reaction is a `deep down feeling' that these events and conditions are not tolerable. The government, business community, By Wimtm H. Spain, CIH, Atlanta. GA. and public should do whatever is liver, and the ability to support an necessary to immediately stop addiction, it seems likely it would these causes of alarm. The govern be a controlled substance -- much ment should pull Tylenol off the more so than it is today. Perhaps it market and require seals on all would even be a prescription drug. over-the-counter drugs. DC 10 air Ethanol consumed in abusive planes should be grounded until quantities causes significant social they are redesigned and modified. ills. The National Safety Council Some people will refuse to fly on has reported that "drinking is indi DC 10s again; others will just plain cated to be a factor in at least half "never fly." Either the school chil-. of the fatal motor vehicle acci dren should be moved out or the dents, according to special stud asbestos should be removed. Im ies." mediately. Never mind the costs, it It seems to me that these alco is our health that is at stake. hol-related events of death and suf LACK OF PERSPECTIVE I agree fering receive very little sensational that all of these events and situa press coverage and generate very tions are valid reasons for public few feelings of public alarm. In concern, study, and action, but I fact, the inability to cause public think we -- The Public -- tend to alarm probably explains why it re react without ever getting the ceives minimal press coverage. Al situations into perspective with cohol use and abuse seems socially other related social problems. If acceptable. We may not like the our honest-to-goodnes8 concern is `ills' it causes, but we don't want to to stop or minimize death and suf-' hear about and deal with the prob fering, I propose we should focus lems. It seldom alarms us. some of this public reaction into During 1970 Congress passed educated action against other the Occupational Safety and events which we know are causing Health Act and established OSHA larger numbers of deaths and to help assure safe and healthy greater amounts of suffering. conditions in workplaces. Accord Common ethanol (drinking alco ing to the legislative history of the hol) is an agent of much death and act, the public, organized labor and suffering. If it was invented today, Congress were alarmed. They were it might very well be classified as a upset by the fact that the number drug by the government As a drug of deaths from industrial accidents it would require years of testing be were exceeding 14,000 per year. fore it could be placed on the mar Less serious injuries and illnesses ket. Considering its depressive ef from the same causes exceeded ten fects on the central nervous sys times that number. According to tem, permanent effects on the the preface to the act, this drain on DECEMBER 1982 CAP CO JEN 0013268 GUEST EDITORIAL t our Truman resources'-had to be SMOKING We are understand other lung diseases and heart stopped. A new agency with the ably concerned about the potential conditions, except for those caused necessary funding was to be the effects of asbestos on us and our by genetic defects." Yet, smoking is solution. The agency was estab family. After all, cancer has been not only allowed and advertised, lished and funded. repeatedly mentioned. To. hear an but. the tobacco industry is subsi- TRAFFIC DEATHS I strongly EPA asbestos specialist say over a ' dized by support from taxes. agree with the need for OSHA, but national television network that THOUGHT-OUT ACTION I desire have we focused our attention too "the latest EPA regulations only to see public alarm and reaction re narrowly? According to the Na inarch school officials by the prob placed with public education and tional Safety Council, in that same lem" only adds .to. our alarm and -thought-out action. Medical spe year during which work-related' conceml It is sensational news cialists, scientists, government and fatalities exceeded 14,000, traffic- coverage of the asbestos problem, business officials, and the news related fatalities exceeded 50,000. but it adds very little to the pub-: 'media should do more to help the Unfortunately, that high number lie's limited understanding of the public get events in perspective. has not seemed to alarm us. We are issues. j- The facts are often much less abso very upset when we hear of the We have seen no news coverage lute than we tend to believe. seven Tylenol contamination First off, I acknowledge that deaths in Chicago, but more people cancer is certainly a major health are killed in most states every Is it more socially problem (perhaps the largest),but I three-day weekend. On a national basis, more people are killed over a long weekend than were killed in the Chicago plane crash. Why don't these traffic deaths alarm us? Is it acceptable for death 's to be ` don't think the public has an ade automobile related than It Is for them to be work quate understanding of it. Unfor tunately, what Glenn Frank (Uni versity of Wisconsin, School of orairplane related? Medicine) said in 1936 seems all more socially acceptable for deaths too true today: "For everybody to be automobile related than it is killed by the fact of cancer, thou for them to be work, contaminated explaining that the best way to sands are unnerved by the fear of Tylenol, or airplane related? protect yourself from asbestos-re cancer. What cancer does to the Should it be more acceptable? lated diseases is to not smoke. Yet morale of millions who may never Safety glasses, safety shoes, published research data reports know its ravages is incalculable." hard hats, and seat belts are all de smokers who are exposed to asbes Perhaps more education of the vices for personal safety. Statistics tos have a 90-fold greater risk than public would help us to temper our show that all these devices reduce nonexposed nonsmokers. When ex fears and realize that cancer varies injuries. In fact, the National posed to asbestos, smoking in in severity from the not-so-severe Safety Council has estimated that creases the risk by a factor of nine to the extremely severe. There are "if all passenger car occupants used times. If the asbestos specialist ex over 100 types of cancer, with the belts at all times, such use would plained this causal relationship, most common type being skin can save at least 12,000 lives annually the television network did not ' cer. Not only are there several by preventing ejection from the broadcast it. Perhaps it would not available treatments, but we can vehicle and reducing contact with have been sensational; easily control our exposure to one the vehicle interior and other occu OSHA has issued and enforces of the leading causes, sunlight. Fur pants." Those persons who choose employee exposure limits for 400 thermore, one of the largest factors not to wear these devices when chemicals. Some of these limits are in the elevation of cancer rates is they are needed seem to be betting' intended to protect against cancers our increasing life expectancies. "it will not happen to them." Obvi and lung diseases. Research has The longer we live, the greater our ously many people lose this bet proven beyond a doubt that smok risk of getting cancer. each year. ing causes cancer and lung diseases.. REALISM Secondly, I think In 1970 Congress gave OSHA the There is even a warning on ciga many scientific and medical discov authority to enforce the use of these rette packs to remind us of these eries are never placed into a realis and other protective devices by facts. Dr. G.M. Duffell, a pulmo tic-perspective. Sure, as research workers in industry, but it is still nary physician at Emory Univer has shown, cyclamates and asbes optional whether drivers and pas sity School of Medicine in Atlanta, tos may cause cancer, but how sengers in cars wearseat beltsMotor has said--more than once--in pub much does it take? What percent Trend, recently reported the results lic meetings: "If I could eliminate of the population will be affected? of a survey: " and only 15 percent smoking I could essentially elimi How long will the latency period are presently buckling up." nate lung cancers along with the OCCUPATIONAL HEALTH AND SAFETY CAPCO JEN 0013269 other knowri'riak*? In miny. ewe* Y*ide*,Ihow -'do- the *nmrib''<xanr'';> -T-< - - the *n*wer* t<} thwy* question* are . pare? Do? those person* who "re*j... not known yetTl think *dehti*t* 6m, to fly", know the. f*t*lity}-^-. V * V -jlz and medical specialist* need to be -. statistics rom the National Safety...! .V. very careful about feeding tbe news ` 1Council? On an equal per mile media sensational information basis, flying on domestic airlines is | without stating its degree of cer- 13 times safer than taking a train, _ | tainty and helping to placejt in a 17 times safer, than taking a bus, proper social perspective. ' ~ and 130 times safersafer than rid- Donovan Ouealiont List! Labor Secretary Raymond J. Donovan, in a speech pre pared for the American Industrial Health Council annual meeting Nov. 30, questioned the need for publishing lists of - carcinogens. ' For example, the public becomes alarmed when they see a govern ment-required sign or label which states: "Caution... Breathing As bestos Dust May Cause Serious ing in a car or taxi. After consider-'' , ing the statistics, should the wear; ` ing of seat belts be required here as. they are in Australia? Should smoking be leas subsidized and... "OSHA already participates in the rulemaking calendar and [the regulatotyj agenda." the speech said. "Do we really need additional lists for potential carcinogens to let people know'what the agency is working on? This is particularly true of lists based on a very cursory scanning of the results of unevaluated scientific studies." Bodily Harm." However, they don't seem at all alarmed when they see that required label: "Warning: The Surgeon General more controlled? Should alcohol be more taxed and the resulting funds be used to establish treatment cen ters? Maybe so. Donovan told the AIHC meeting that the revised carcino gen policy will be published "next year." but an industry source said the draft is expected by Feb. 1. The labor secretary cited as especially important OSHA's participation in drafting interagency guidelines for carcino Has Determined That Cigarette Smoking Is Dangerous To Your Health." Deaths from plane crashes, as Individually and collectively we should avoid focusing our actions too narrowly. When it comes to the r health issue, thought-out action gen regulation under the supervision of the White House Office of Science and Technology Policy. A second science office document, on risk assessment as opposed to the simple classifying of the properties of a substance, is in the early stages of drafting and publication bestos, and contaminated Tylenol seems much more beneficial' to is planned for the spring. Donovan added. are bad, but are they any worse society than public alarm and reac than those from automobiles, alco- tion. IQMSSI CHEMICAL REGULATION REPORTER - December 3. 1982 Carcinogens OSHA PLANNING CANCER POLICY WITHDRAWAL; COMPLETE REWRITE FAVORED OVER AMENDMENT The cancer policy issued in 1980 by the Occupational Safety and Health Administration will be withdrawn and replaced, rather than being amended in a piecemeal man ner, according to a Reagan Administration official. Withdrawal of the current rule for identifying, classifying, and regulating carcinogens would be proposed simulta neously with a replacement policy of "several hundred pages," according to several industry and government sources. The agency originally planned several amendments to the cancer policy, but has decided instead to withdraw it through formal rulemaking and propose an entirely new policy, the sources told BNA. Both documents must clear internal review at OSHA, the Labor Department, and the Office of Management and Budget before publication. OSHA took its last public action on the cancer policy in January when it asked for comment on several issues it planned to reconsider, including the manner in which the agency evaluates different types of scientific evidence (Cur rent Report. Jan. 8. p. 1051). In the advance notice of proposed rulemaking, the agency also issued a proposal to stay provisions in the policy that required it to publish annually a list of substances that are candidates for regulation as carcinogens and semiannually a list of those that it considered its top rulemaking priorities. No action has been taken on these proposals, however. Withdrawing the entire policy (Jan. 18, 1980, p. 1607; Reference File -- 57:0601) would free the agency of the listing requirements, to which industry had objected. .Manville Unit to Sell U.S. Pipe Operations J By a Wau. SmerT Jourxai. StaffReporter DENVER-ManvlJIe Corp. said its Johns- | Manville Corp. unit signed definitive agree ments to sell Its domestic pipe operations to J-M Manufacturing Co. and J-M A/C Pipe iCorp., both formed by Investors not afflli: ated with Johns-Manvllle. The purchase i price wasn't disclosed, i As reported, the pipe operations added 1164 million to Manville's sales of $2.22 bil lion for 1981, but operated at a loss of $5.4 million. Manville said the sale of the opera tions was part of Us continuing efforts to maximize sales and profitability. The purchasers of the pipe operations, which primarily make pipe used In muni cipal water systems, plan to establish head quarters in-Denver and named John Fi scher, vice president ol Johnr-Manville and general manager of the pipe division, presi dent of the purchasing companies. The purchase is subject to approval of the court presiding over Manville Corp.'s bankruptcy proceedings, and a hearing on the sale has been scheduled by the court Thursday. Manville* said. Manville. which makes building. Industrial and forest prod ucts, filed under Chapter 11 of the Bank ruptcy Code last summer because of law suits filed-against it claiming health damage from asbestos produced by the company. The sale of the pipe operations is ex pected to be completed by year-end. Manville said. THE WALL STREET JOl'RNAl. Tuesday, December 21, 1*282 CAP CO JEN 0013270 Adfhiriistratiori Takes Steps to E: Controls on CancierfCausing-Agents By Andy Passttjr benefits to be gained warrant using the ' ation of when animaTstudies are useful and Mu// /{portrru/TiiK WAtj.SrnyrJouhmai. chemicals. -.r,- ;,-7. when they aren't." Mr. Prager says. "It's a WASHINGTON-Frim a cramped confer cnee mum at the Environmental Protection Agency's headquarters, the Reagan admin-., istralion is working towards a fundamental change in how the government regulates suspected cancer-causing substances. Such changes are being attacked by law critical issue ... that shouldn't...lx* makers. Democratic Rep. Albert Gore of ducked."- ' . : Tennessee says that EPA officials "made a' But the administration's critics and sup crass, calculated, cynical change" in cancer policy when they refused earlier this year to move against the widely used industrial porters agree that some significant polit y changes already are evident Myron Wein- The makeshift nifire belongs to Roy Al chemical formaldehyde,-which animal tests .berg. a vice president at the consulting firm bert. respected eancer expert and a part- indicate can cause cancer. Even Dr. Albert of Boot Alien & Hamilton Inc., says the ad time EPA consultant Or. Albert complains Joins concerned scientists in questioning the . ministration "is moving away from the no that in the past, the government has "relied - EPA evaluations. "It 'wasn't an impartial' tion that everything is assumed to be Itad on a hair-trigger approach to control carcin (risk) assessment," he says. "If industry' for human health unless it is specifically ogens." if there was any evidence suggest ing that a dose of a substance causes tumors in animals, no matter how large the dose, he had done it," he addsfiithey couldn't have ' proved to be otherwise." In efiect Mr. Wondone a better Job" to forestall regulation. (berg and others believe the White House contends "the risk automatically was classi Rep. James Florio, another persistent wants maximum flexibility to determine, mi fied as substantial" and "the regulatory critic of the EPA. contends that the adminis-. a case-by-case basis, when and wltat kind m wheels immediately were set in motion." tration is "going to outrageous lengths" to ' action should be taken against ouncei-caus Dr. Albert and a faction of the scientific tty-to Justify loosening existing carcinogen ing ` agents. ' community, including most industry medi cal experts, contend that the EPA and other agenciis should case restrictions on carcino gens by relying less on the results of labora tory tests nu animals. Instead, they say. the A consulting-firm executive says the EPA Industry has been lobbying (or sueli changes for years. The Chemical Manufac turers Association and other influential trade groups argue that the government agencies should concentrate on controlling those materials that .pose the greatest haz ard to public health. "is moving away from the notion that every should give more weight to the econoniie benefits of suspect materials before restrict ing their production and use. Many industry Some Oppose Selective Approach But anolher taction of medical research ers strongly opposes such a selective ap thing is assumed to be bad for human health officials also have urged Ihe government over the years to differentiate between car'cinogens that change the genetic pmiiertirs unless it is specifically,proach. These critics argue that the result could be substantial increases in cancer of cells and those that affect ceils in other ways. risks from environmental and industrial pol proved to be otherlution because there isn't enough data to de wisetermine which substances are most danger According to their theories and similar arguments made by Dr. Albert, materials ous. The new approach, they argue, raises that don't.cause cell mutations appeal to bo questions about the potential social costs of- less dangerous and therefore ought to be ihe administration's drive to reduce environ standards and postponing imposition of new regulated less strictly than the other group. mental regulation of business. ones. "Their basic approach is to see how To critics, however, that amounts to a ma Final governmeetwide recommendations many people die and then take some ac jor retreat from the government's resonsfbi are still months away, but Courtney Rior- tion," the New Jersey Democrat asserts.' lilies. dan. the EPA's head of research, concedes The subcommittee he heads is expected to the issue could turn Into "political dyna hold hearings on the issue early next Some Scientists' Doubts mite" for the administration. year. - - Many prominent scientists challenge (in The EPA already has taken a few tenta-' Despite such criticisms, officials at the validity of such distinctions. They maintain tive steps to put the controversial proposals into effect. (Federal law bans the use of any food additive that causes cancer in animals, but pesticides, industrial chemicals and other materials regulated by the EPA don't come under fiat prohibition.) The EPA is considering adopting a ver sion nf Ur. Albert's proposals as part of doc uments intended to help states control toxic chemicals in drinking-water supplies. The agency is leaning toward the same regula tory strategy when It issues long-awaited standards for toxic air pollutants. And in preparing clean-up plans for communities in EPA, the Occupational Safety and Health. that prudence dictates sticking with the cur Administration and elsewhere want to rely rent, more cautious policy until the causes less on the results of laboratory tests on ani of cancer are better understood. Arthur Up mals and more on historical data indicating ton. a former director of the National Can the extent nf sickness and death in human cer Institute, and now a professor at the populations exposed to certain chemicals. New York University Medical Center, has As part of this new approach, agency offi criticized administration efforts "to relax cials want to rank carcinogens in terms of vigilance" against cancer threats. potential hazard. The agencies then would establish, for the first time, "threshold," or" ' L Bernard Weinstein, chairman of envi low-level, exposure levels that the officials ronmental health studies at Columbia Uni contend wouldn't, pose any appreciable dan versity's medical schuoi. accuses EPA offi ger to health. ' ' cials of "trying to distort scientific knowl Missouri that have been contaminated by Administration officials maintain they toxic wastes, the EPA recently established' haven't determined what changes in regula edge" to Justify politically mutleated deci sions. -' acceptable exposure levels that are at least tory strategy should be adopted. "At this ' ' 'Although major strides have been made 100 limes less stringent than levels prepared under previous risk assessments. point, we're simply trying to establish where there Is agreement oa the basic scientific is recently to understand the "mechanism of cancer." Dr. Weinstein contends there is in anolher departure from previous poli sues and where there Is uncertainty." says . still too much uncertainty among scientists cies. the EPA is firing many states tempo rary approval to use pesticides that don't comply wifi ail federal safety standards. Administration officials cor.tend that local Denis Prager. an assistant director of the to tty to apply those evolving concepts to White House Science Office and chairman of regulatory actions. "We're not ready to rolya governmentwide group examining carcino- . on them yet." he argues, but the administra residents should be allowed to assume the gens. tion "has grabbed them ... and warns hi potential added health risks if they feel the The group "will attempt an honest evalu-' use them for its own purposes. * THE WAI.I. STREET JOl KN'AI. Friday, December 24, 1-182 CAP CO JEN 0013271