Document 99my7YwXqzEKy7aB2o65XvrZV

PLAEVTOT'S exhibit UNBTKO SSWES GOVERNMENT Memorandum U.s. CONSUN/IER P'ROOUCT safety coMMrssiQN washinstqn. o.c. aoaoT X: CHECKS* CHECKS: CHECKS: FRCM: The Ccrrissisn Sadve Durr., office of the Secretajyp . July 21, 1293 ISsrtir. rzto, C-er.erai CcraMl-^-^^V ~n.na-r i&zcBr., executive Direccc'Sc^' *" / (flfcuOtfiPeter w. Preuss, Associate Executive Director for Health Sciences SUBJECT; Resort to the Gamission by the Chronic Hazard Advisory Panel cm Asbestos (July, 1983) I am pleased to forward to you the final report of the Chronic Hazard Advisory Panel (CHAP) on Astestos. In response to the Consumer Product Safety Act AmerKtaent of August 1981 and pursuant to a nationwide solicitation, the National Academy of Sciences nominated twenty ana for the OlAP. The Garasissicn selected seven Panel eaters who in turn dose their own Chairman and Vice Chairman. A Federal Register notice %d.th sis: questions from the CFSC to the Panel ms published on April 22, 1982, and is attached. The Panel convened in January, 1983, to address the concern that the presence of asbestos my, under certain conditions, present a risk of cancer and .respiratory disease to oonsaners. During the following six months the Panel met five times in open meetings. In addition, the Panel adver tised and distributed a draft of its report for public earnest. A public meeting' was held on June 2), 1983 to hear and receive written oamnents on the draft report. Billowing the meeting the Panel met to revise its draft report in light of the cemnents received. In order to enhance the utility of the report to other federal agencies the Panel considered a miter of related a^estos matters of concern to the Environmental Protection Agency, the Occupational Safety and Health i^idnisrtratico and the National tosdmy of Sciences' Oanittee preparing a report on asbestiform fibers. This final report reflects the Panel's response to cammnts received fxen the. public, industry and other Federal agencies which share an interest' in the state-o-tbe-science for the health effects of asbestos. I would like to express my personal appreciation to the maters of the Panel for their efforts in preparing this report. In particular, I thank the Chairman of the Papal, Professor Norton Nelson for his wisdom and tact in guiding the work of the group. Finally, I would thank the CPSC staff who worked with the Panel, Ann Hamann, Paul White, Dodie Kessler ard Oolin Church. Attachment 005884 9 005833 ftdwpl Rffstac / Vo- No. 7a / Thursday. April Z7r tm / Notices . . 17323 CONSUMER PRODUCT SAFETY COMMISSION Chronic Hazard Advianf Final on Asbestos; Invitation to Submit Suggestions for Scientists To Serve as Members atteNev: Consular Product Safety Commission. action: Invitation to submit suggestion* for scientists to serve aa members of advisory paaeL summary: This notice invites suggestions for scientists to serve as members on tit* Commission's Chronic Hazard Advisory Panel on the Use of Asbestos in Consumer Products. The seven member panel will provide scientific advice to the Commission concerning the potential chronic hazard of cancer associated with this use. This notice also contains information on the function end composition of the paneL general criteria fe'r selection of panel member*, and procedures for suggesting candidates for membership. This will be the fiat Commission advisory panel established under recently-enacted legislation. The Commission emphasizes that tha seieetton of the panel is only the fiat step toward a decision on whether to . take any action concerning asbestos in consumer products. The Commission has not decided whether to begin any rulemaking. date: Suggestions for membership should he submitted no later than June 7.198Z AOORtss Membership suggestions should be sent to Susan Gueaette, Chemical Hazards Program. Consumer Produet Safety Commission. Washington. D.O 28207. IFOR AOOmOWM. INFORMATION CONTACT. Susan Guenette, Chemical Hazards Program. Consumer Product Safety Commission. Washington. D.C. 20207; telephone (301148MM4. SUPPUXftNTAlty IMFOMMTIOK A. Background Recent amendments to tha Consumer Product Safety Act (CPSA) require the Commission to establish and receive the reports of Chronic Hazard Advisory Panels before beginning rulemaking relating to the risks of cancer, birth defects, and gene mutations associated with consumer product*. Section 1206 of the Omnibus Budget Reconciliation Act of 1931 (Pub. L 97-35J; 15 U.S.C. 2077. as amended. In carrying out its advisory functions, a panel is to review scientific data and other relevant information relating to the potential risks of cancan birth defects, or gene mutations from a substance in consumer products. The panel is to determine if the substance is i carcinogen, mutagen, or a teratogen and, if feasible, estimate the probable harm to human health that will result from exposure to that substance. The report of the pane! must be considered by die Commission and incorporated into any advance notice of proposed rulemaking end final rule. Tha Commission therefor emphasizes that establishment of a panel on asbestos, as discussed in section B below, does not mean that the Commission will necessarily regulate any asbestos product Because the CPSA requires that pine! must meet and advise the Commission before an advance notice of proposed rulemaking can be issued the Commission is establishing a panel now as a preliminary step. If the panel's advice and other available information are Ieter found to justify regulatory actios concerning an asbestos product, the Commission will then dedde whether to begin rulemaking proceeding. 1. Purposes of Panel The Commission has decided to convene panel on asbestos as used in consumer products because of concern that the presence of asbestos in consumer products under certain conditions may present a risk of cancer and respiratory diaeaae-to consumers. The health hazard may occur when asbestos fibers are released into the air and people inhale them. Inhaled asbestos fibers may become embedded in lung tissue and once embedded they stay remain there indefinitely. Asbestos fibers that are released boa consumer products can remain in the household air for long periods of time and may subject household members to a continuous risk of fiber inhalation. The Commission's past activities on consumer products eeasatateg asbestos tackrfft t. The Commission banned asbestoscontaining patching compounds and artificial emberizinf materials in January 1977. 2. In October 1979 the Commission issued Jointly with the Environmental Protaction Agency (EPA), an Advance Notice of Proposed Rulemaking (ANPR) aa Commensal and Industrial Use of Asbestos Fibers and Consumer Products Containing Asbestos (44 FR 60056, October 17,1979). The Joint ANPR requested general information concerning the use of asbestos in consumer products and described tha Commission's proposed regulatory approach to asbestos in consumer products. .3 fa U79 the Commission atfotieted With manufacturers voluntary corrective actions end agreements to cease the u of asbestos in heir dryers. < In April Mao Robert Frye petitioned file Commission and presented data which indicated that consumer* were exposed to asbestos fibers when using asbestos paper (CP 80-3). The Commission granted the petition and directed the stiff to develop a proposed rule to ban asbestos paper. 5. In June I960 the Commission voted to issue a general order to require firms to furnish information concerning the use of asbestos in sclemed categories of consumer products. From the information obtained through the general order and joint ANPR. the staff has found that many of the remaining uses of asbestos in consumer products do not result inconsumer exposure. However, the staff has identified several consumer product* (*.g,, asbestos paper and m&bcuird, bulk asbestos fibers, dry mix furnae* cement wood and coal burning stove door gaskets, certain laboratory and artists materials and stova pads and iron rests) which may present a risk of consumer exposure to asbestos. The staff believes that tha results of investigations of possible exposure end risk from these products could lead them to recommend that the Commission begin one or more regulatory proceedings. Therefore, the Commission oas agreed to conyene e panel to review the carcinogenicity of asbestos and the risks attendant to exposure to this chemical substance. The staff has prepared documents which it will ask the panel to review (in addition to other medical and scientific information that the panel may find relevant) relating to tha general areas of eardnogaicity and epidemiology and the assessment of the risk to human health from exposure to asbestos. Specifically. the Commission will ask the panel to consider the following questions: X. Art the available animal and epidemiologic data sufficient to draw a conclusion as to the human carcinogenicity of asbestosf 2. Is there evidence linking low level asbestos exposure, end intermittent or short term exposure, with asbestos related diseases? 3. Are there chronic health effects other than cancer related to low level exposure to asbestos? 4. Can a distinction be drawn by size of the asbestos fiber or fiber type is assessing the potential carcinogenic risk frao exposure to asbestos? I 17324 Federal Register l V1* 4F. No. 73 f Thursday, April 22- 1382 / Notion 5. is there a basis lor numerical " #v4!b::s" of human risk* from a given low ievei exposure to asbestos? What is the evaluation? How meaningful is it? 4. [ there evidence which indicates a threahcic exposureievti for asbestos? Is there a bioioftesi basis to believe ihresacid exists for asbestos? C Membership and Selection The Consumer Product Safety Act specifies that panel members must be scientists who have demonstrated the ability to critically essess chronic hazards and risks to human health presented by the exposure of humans to toxic substances or as demonstrated by the exposure of animals to such substances. US U.S.C. 2377. as amended. Members may sot ba officers or employees of the United States or receive esmpensaticn from or have any substantial Snaadal interest in any manufacturer, distributor, or retailer of a consumer product. The Act provides that the President of the National Academy of Sciences (NAS) shall nominate 21 individuals from which the Commission is to appoint a sevan member panel To provide for the broadest possible consideration of qualified scientists, the CcasKSStoe. with the concurrence of NAS. is sdiotisg suggestions for nominees for tits asbestos panel. The Commission wffi forward suggestions to NAS without evaluation. In eases of apparent woSe of interest the Commission wul return the suggestion to. the subtstitisf individual with an explanation. However, the NAS. in the preparation of lists of nominees to be submitted to ihe Commission, will not be limited by the suggestions submitted is response to this public nose*. The panel will meet at least twice for two-day session in Washington. D.C. ever a 120-day period beginning approximately in fuly IMS. Travel expenses are ratatasabie in accordance with Federal regulations. Members wul native compensation of S100 for each day (including tnvai time) during msetiop of the panel a. Current position and description of duties. b. Employer's name, address, end telephone number (indune ana code),, and type of organization, t.g. health care, manufacturing, educational, testing laboratory, governmental, public interest, retail etc. including if selfemoloyed. a. Consulting wotk (If so. specify kmc of consulting work, for whom, and if paid or volunteerj. d. CFSC contract work or grant (if so. specify contract title, number and involvement). (4) Expericnee/Expertise; Specify and describe any education, experience, publications related to assessing chronic hazards, particularly from exposure to asbestos. Resumes or curriculum vitae may be submitted. E. Privacy Act Notice The information requested in section 0 may become part of a Privacy Act system of records ud will be used to evaluate candidates for the Chronic Hazard Advisory Panel There are no penalties for not submitting the information except for possibly precluding selection of-a candidate. The authority for collecting the information is section 28 of the Consume; Product Safety Act IS U.S.C. 2077. as amended by section 1333 of the Consumer Product Safety Amendments of 1881 (Pub. L 9735). Applications should be submitted no later than fuse 7,2883. to Susan Guesstt*. Chemical Hezatds Program, Consumer Product Safety Commission. Washington. O.C 23837. She will also respond to any questions and wifi provide additional information where possible. Dated: April IS. JSS1 SheUmB-Use, ActingSecswtaty. DEPARTMENT OP DEFENSE D. Format for Membership Suggestions Department of the Air Force Scientism interested in serving os the asbestos panel say suggest themselves for membership. sad others may suggest the names of scientists who may be willing to serve ott the panel. In either case, ihe suggestion should include the following infers trios to die extent possible: (1) Name of scientist suggested for panel membership. (2) Home address and telephone number, inetuemg area code, (2) Employment affiliation (if any): USAF Scientific Advisory Beard; Meeting April 13, IMS. - The USAF Scientific Advisory Board Aeronautical Systems Division Advisory Group will meet et Wrigfct-Patterson Air .Force Base Ohio in Room 222. Building 14 Area B on May 11 and 12.1982. The purpose of the meeting wifi be to review selected programs and projects relating to the missions of the Aeronautical Systems Division and the Air Force "'right Aeronautical Ls: cruterirs. 7h: meeting wiil convene at 5 JO a m. ar.s adjourn at 5.-CO p.m. each cay. The netting concerns matters listed a Section SS'bfc) of Title 5. United States Code, specifically subpanora?" (1):herecl and accordingly, -.vtij dosed to the public. For further information, contact the Scientific Advisory Board Secretariat at (202) 687-8845. Wlnaibtl F. Holme. AirForce FederalBeefierUaitar Officer. ITS On. bUHiiM Wile* ! hums eat jsia-ti-M Oetenminotions of Active Military Servlet and Discharge; Civilian or Contractual Personnel In accordance with Public Law 95-2C2. Section 4C1 (The Gi. Bill Improvement Act of 1977) and under the provisions of DODD lUXm Determinations of Active Military Service and Discharge: Civilian or Contractual Personnel the Secretary at the Air Fores, acting in accordance with authority delegated to him by the Secretary of Defense, determined on Apnl * 2882. that the service of the members of the group knows as the Wake Island Defenders from Guam shall be considered ectivc military servlet in the Anatd Forces of the United States for all laws administered by the Veterans1 Administration. Also, on April 7.1882. the Secretary of the Air Force determined that the service of the r,embers of the groups known as the US. Coast Guard Temporary Reserve and the Guam Local Security PtSui Force shall not be considered active military service is the Armed Forces of the Untied States for purposes of all laws administered by the Veterans' Administration. For further information contact: Technical Sergeant Stephen J. Koegie, USAF telephone: 6S4-3380. Office of the Secretary of the Air Force Personnel Council (SAF/I.CPCl. The Pentagon, Washington, DC 20330. Wtadbel T. Holme*. Airforce Federal HepsterLiaison Officer. F* 3m. e-teen km -e-fc eu **j sumo wm --* Department of the Army Privacy Act of 1974; Amendments to Systems Nonces A6*ncv: Department of the Army. DOD. ACTtCfC Proposed deletions of and amendments to system notices. 0058?6 I