Document ByGrqz3D5NM09daDrGe7Op20j

----/FRICTION llATERIALS STANDARDS INSTITUTE, INC., PARAMUS, N.J. 07652 i:Ui:illTES OF THE ANNUA of the ING FRICTIO:~ 11ATERIALS STANDARDS IllSTITUTE, INC. Wednesday and Thursday June 25 and 26 ~ 1980 at The Homestead, Hot Springs, Virginia MEMBERS PRESENT REPRESENTATIVES Abex Corporation Bendix Corporation Brassbestos Manufacturing Company Delco-Uoraine Division-General Motors Corp. Lear-Siegler Company Nuturo Corporation P. T. Brake Lining Company H. K. Porter Company Raybestos-Manhattan, Inc. Reddaway iianufacturing Company Thiokol Chemical Corporation S. K. Wellman Corporation lfu.eeling Brake Block Company Robert E. Helson Francis E. 1'1essier, Vice President William Simon Fred Yost (Proxy D. L. Emrick) Robert Anderson Joseph W. Greenen Stuart Comins W. Max Sleeth David E. Cunningham John M. Hoore John P. Gallagher Gordon A. Carrigan, President Lee Burgess OTHERS PRESENT Bendix Corporation Delco-Horaine Division (Retired) Frenos-Venezolanos (Regional Member) H. Krasne Manufacturing Company Lear Siegler Company Huturn Corporation P. T. Brake Lining Company H. K. Porter Company Reddaway I1anufacturing Company Hheeling Brake Block Company Asbestos Information Association Legal Counsel Friction Uaterials Standards Institute, Inc. James W. Armstrong Thomas Hernon Ross E. Kettering Gee1rg Hoser William Osborn Robert Mighton James L. Mellow Steve Doyle Ben Kublin George J. Bohrer F. v7illiam Barton Burgess L. Burgess George Stratton Bob J. Pigg (Guest) Robert P. Gorman, Esquire Edto1ard H. Drislane, Secretary Hr. Carrigan, President, called the meeting to order at 1:35 P.l1. l1INUTES OF N.EETINGS OF JUNE 13-14, 1979 The minutes of the ~1embership I1eetings held June 13-14, 1979 had been distributed. No corrections were suggested. FMSI 07259 'Minutes of the Annual Heeting -4- June 25-26, 1980 They voted to discontinue publication of the EDP Numbers in Institute catalogs. The Directors considered the need for informing Members on original equipment use of metallic linings--with the semi-mets nov1 used on disc brakes-- .<>.;r;~.;::-~,/_....<....,.)S and resolved that the Institute 'Y"ould inform the Uembership on usage by ~~... /.:,-.:-.,- ' bulletins, but would not list this information in its catalogs. It ~qould .,';~ ..~~~"" be up to the individual manufacturer to decide on coverage and distribution~,... ~y of application information to the field. The Board of Directors approved .- the Data Book and TeChnical Committee report. The Directors reviewed the report of the Heal~h and Environmental Affairs Committee (formerly the Asbestos Study Committee). The Chairman reported that the EPA is aiming for a ban on asbestos in disc brake linings by 1985, and that the hazardous waste disposal regulations issued under the Resource Conservation and Recovery Act (RCRA) will be effective on Hovember 19, 1980. The Directors directed that the Institute Office and Committee improve information flow to Delegates and Alternates. The Board approved the report of the Health and Environmental Affairs Committee. The Board reviewed the report of the Brake Performance Study Committee and approved that report. While the Directors received the report on the Annual lieeting, they decided to return in 1981 to the Homestead, Hot Springs, Virginia. Uith that major exception, they accepted the report of the Annual Meeting Committee. The Board of Directors voted to terminate the Defined Benefit Pension Plan for Institute Employees, and replace it with contributions to a Simplified Employee Pension Plan (SEP~)_u~s~i~n~~I~n~d~i~v~i~du~a~~R~e~t~i~r~~~~~~~~~~--~~ The Board voted to negot ations by the Secretary with the r~~nw~* Landlord on the lease of Office Space at the Bergen Mall Office Center. The Board approved a plan for Indemnification of Officers and Directors for action taken in their capacity as Officers and Directors, and recommended its sum ssion to the Membership in the form of an amendment to the Institute's By-Laws. Upon motion duly made, seconded and unanimously passed, it was: RESOLVED: To accept the report on Board of Directors activities as read. HEALTH AND EUVIRONHEI:JTAL AFFAIRS COMMITTEE Mr. J.ames Armstrong, Chairman of the Health and Environmental Affairs Committee read this report. Refer to EXHIBIT 9. The Chairman summarized activities by Federal regulatory agencies suCh as EPA in Toxic Substances Control and Hazardous Haste Management, OSHA with its workplace standards and the NIOSH recommendations, the status of legislative activity relative to an asbestos hazards compensation act, and general Institute activities and replies and contacts with the EPA. He indicated that EPA l7as apparently aiming at a ban on asbestos in disc brake linings by 1985. In discussing the hazardous waste disposal regulations that were published in the Federal Register on Hay 19, 1980, tdth effective date of November 19, 1980, questions were asked relative to the exemption for generators of less than 1,000 kilograms (2,200 pounds) per month of hazardous waste. There is a question as to whether the identification of FMSI 07260 Minutes of the Annual Meeting June 25-26, 1980 asbestos as a hazardous waste in the Hay notice included friction .(~ materials l-7aste which is only part asb tos. In discussing this less than ~-<:J, 2, 200 pound exemption it was indicated hat the small rebuilder l-1111 be ..-.'-"""\";''~- exempted, but that if friction materials waste (used linings, drillings, and ~~~'~ ~~C,. . ,,/'other dust) is considered a hazardous uaste and goes over the 2,200 pound ~'-3 '~ exemption level at larger rebuilders, they would be required to complete -~ ~ifJ.";:- manifests and other compliance reports required by the regulations. ..., '\!, As regards the OSHA requirements in the work place, where the exposure limit for the 8 hour ~7A is now 2 fibers per cc, this could go to 0.1, 0.2, 0.5, or 1.0 fibers per cc. There is little question but that OSHA will propose lowering the present 2 fiber per cc exposure limit. Any OSHA requirements will be in the exposure limits as well as in peripheral requirements such as medical exams, notification of workers, records and the like. If a ban were proposed, it would come from EPA, under the Toxic Substances Control Act (TSCA) Questions were asked concerning lead times if EPA proposed a ban. The Chairman suegested that if EPA were to attempt banning asbestos in commercial products, they might do this either of two.,ways: (1) Ban a product by product line--such as all disc brruce linings; (2) Call for a reduction in asbestos use across the product line--such as from 50% to 30%. Hhile EPA claims that the technology exists for banning the .use of asbestos in disc brake linings, they may target 1982 for a ban, but it would more likely be 1984-85. Questions arose on the possibly lo\11er OSPA exposure limits. If the levels were reduced to 0.5 or 0.1 fibers per cc, how could these levels be measured? One approach would be to study the error that exists in the current optical microscopy techniques, and attempt to reduce these errors. The other approach could be the move to electron microscopy, which had been tried by the Department of Labor in California--this is expensive equipment and the ounts will be considerably more expensive than with the optical methods. a Uember stated that his Plant had been cited for asbestos pollution by the , response to a question, he indicated that he was in EPA's Chicago Region. e that he faces could amount to $25,000 a day since the date of alleged non liance. He indicated that at the alleged area of non-compliance that one d not find a "thimb le-_f ull" of asbestos dust. Another Member indicated that pliance is difficult. The only way one can prove compliance is by special itoring, soil boring, and the like. The EPA monitors with a ''black box," one must refute iiiiil*EPA'......, allegations technically. The Hember indicated that he t11ould be in court with the EPA on June 30, 1980, and that if the EPA were to be sustained, he could be shut down. The EPA can make allegations of asbestos pollution of the environment from soil counts, or from tests showing leaching of asbestos into streams. Another Hember indicated that they had refuted such allegations by making analyses of water upstream from the factory. It was suggested that a manufacturer's insurance carrier may have technical expertise to help in such cases, or.at minimum be able to recommend outside consultants l'Iho would have this c . expertise. Upon motion duly mad~, seconded and unanimously passed, it was: RESOLVED: To accept the report of the Health and Environment Affairs Connnittee as lTritten. FMSI 07261 . Hinutes of the Annual rfeeting -6- ..<\-0June 25-26, 1980 . ~'"'~ . J',\.~ :$'" ...~~. .... MR. B013 PIGG, ASBESTOS INFORl1ATIOlf ASSOCIATION - GUEST SPEAK.Ell cZ:: "''...,~""V .. , ..>....,':-.'>~':>. Mr. Gordon Carrigan, President, introduced Hr. Bob Pigg, the Institute's ';;'\" \~~:._..J Guest Speaker for this 1'-!eeting. I1r. Pigg has served as Executive Director of the Asbestos Information Association, N.A. since September 1978, having earlier served as Administrative Assistant at the Association since 1~74. Mr. Pigg's remarks were prepared for this Meeting, and were a fresh update on what has happened, what is currently in the works, and what he forsees for the future. (A copy of Hr. Pigg 1s talk to the 11embership was subse- quently distributed to the Hembership). He discussed the last ten years of regulation, with particular emphasis on those Agencies impacting the friction materials industry--OSHA and EPA. Noted ~-rere OSHA's recent rule on access to exposure and medical records, a new asbestos alert campaign, and the OSHA plans for revision of the lTorltplace standards. !!r. Pigg stated that an advance notice of proposed rulemaking will probably be issued this Summer, uith a final rule scheduled for later in 1981. It trlll undoubtedly call for a lo~rer exposure limit than the current 2 fibers per cc. In reviewing EPA activity, he noted that asbestos was the first substance to be regulated under the Toxic Substances Control Act (TSCA), and that this statute had more teeth than any other statute regulating industry. It lias noted that EPA is considering several control options, but that his information inJ~cated that EPA may avoid regulating individual products, and may m,...c likely restrict the quantity of asbestos ~Thich may be mined or imported. In l:lr. Pigg's revieH of the regulations to be effective november 19, 1980, under the Resource Conservation and Recovery Act (RCRA), he particularly commented on the definitions of hazardous Haste. He noted that asbestos was not listed as a hazardous t-;aste in the proposal of December 1978, but that i t ~-1as listed in the regulations published on ~!ay 19, 1980. Tfr. Pigg indicated that the substances listed as toxic wastes are "commercial chemical products or manufacturing intermediates." He stated t'!:lat the Office of Solid Waste' (OSl~) interprets this to include asbestos only as a "pure" material, and that this would not include manufacturing process waste that contains asbestos. Mr. Pigg mentioned o~her actions now under study or planned by either the Congress or various State legislatures. These included such areas as compensation, asbestos in the schools, labelling and the like. And Mr. Pigg noted the on-going response that his Association has made to Federal and State initiatives in the asbestos area. Ur. Pigg was questioned on the interpretation that only "pure" asbestos would be confiidered a hazardous "1aste in line with the regulations issued on Hay 19, 1980. t1r. Pigg cited statements by officials of the Office of Solid Waste (OSlv), and in particular the "Comment" in Federal Register notice of Hay 19, 1980. Page 33,124, 261.33. The ,.,ordinp: reads: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in 11 refers to a chemical substance t<7hich is manufactured or formulated for commercial or manufacturing use. It does not refer to a material, such as u ac u ng process '<7aste, that contains subs tan listed in 11 FMSI 07262 l1inutes of the Annual Ueeting -7- June 25-26, 1980 : ' ~<:\}. 'rn the discussion that followed Hr. Pigg's talk, he noted that the Asbestos ,.,,,::-::~:2~:~:~ Information Association l>7ould be holding their Annual Industry-Government <:.S.J'0'' , \,>' Conference again this September, and that Institute ~-!embers l-Tould be in- ~\;;~ <t:~~<>' vited. Hr. Pigg advised that the Ilart Bill on Asbestos Compensation was \'\ introduced on June 18, 1980. This pertains to the Sharing of the liability for asbestos related disabilities by the uresponsible parties.'' This has just been introduced, and it is felt that it has little chance of being enacted in its current form during this session. On~ Hember mentioned that in some mining applications where asbestos friction materials had been replaced with metallic materials, there was a reaction against the metallics because of sparks and attendant explosion danger. On another sUbject, one Member stated that his Company was now labelling all friction products with the asbestos warning label l'mether additional machin- ing or handling l-Tas likely or not. In response to a question, the Secretary advised that he would have copies of Hr. Pigg's comments out to the ~ember ship "soon." (The copies Here sent to the Hembership on June 30, 1980). Upon motion duly made, seconded and unanimously passed, it was: RESOLVED: To thank l.fr. Pigg for his detailed and interesting summary on the current status and future prospects of legislative and regulatory actions affecting the asbestos industry. TREASURER'S REPORT Hr. \Ulliam Messier, Treasurer, prepared this report. Refer to EXHIBIT 3. The Secretary read :.lr. !1essier 1 s report. ~1r. Hessier 's report, based on a trial. balance of April 30, 1980, projected substantial excess of income over expenses for the full fiscal year. The projection WaS for an excess of $17,000 of income over expenses. His report analyzed variances, with the most significant difference being the decrease in Pension Expense resulting from pension payments being made from a separate Trust rather than from the Corporation. To accomplish this change, $55,000 was transferred on January 1, 1980 to an ;fndimLqtrust Jfor Hiss Duschek's pension. ~~~- Upon motion duly made, seconded and unanimously passed, it was: ~_ RESOLVED: To accept the Treasurer's Report as written. BUDGET COMlUTTEE REPORT Hr. Francis E. Hessier, Chairman of the Budget Committee, presented this report. Please refer to EXHIBIT 5. Hr. l!essier's report presented an Expense Budp,et for 1980-81 of $~5,470, a sli8ht reduction in budgeted expenses under that for 1979-80. This was due to the fact that nension payments to Miss Duschek would be paid from FMSI 07263 f -~Minutes of the Annual Ueeting ' -14- INDmll'liFICA'riON OF OFFICERS AND DIRECTORS Legal Counsel advised that at the Board of Directors meeting ,\J .. ..1 ~ ~ -~~ ': ~ .,~ "\ 1 ;.: ~ -.._..~...- e 24~ 1900'):.' the Board had approved his recommendation for indemnification of Officers and Directors, for losses suffered by them because of acts done in their capacities as Officers and Directors. The actions must have beerr nade in good faith. As such indemnification can be adopted by a change in the By-Laws, it must be submitted to the Hembership for balloting. It is not felt that there is sufficient pre-notification to the Hembers to ballot at this Meeting~ so the indemnification plan td.ll be submitted to the l1embership by mail ballot. OTHER BUSINESS Questions \'lere raised about non-member manufacturers of friction materials. One mentioned was Canparts, in Cambridge, Ontario, Canada. The Secretary \'las advised that they 't-7ere nrn1 in production of friction materials, in particular disc brake pads. A Uember shm1ed a listing ~-1here FUSI Numbers 't-7ere used by Canparts. The Secretary lias advised to contact Canparts concerning Membership. Another Uember questioned Virginia Friction Products of Tappahannock, Virginia. The Secretary stated that he has written several times to Nr. Bill Carreras of Virginia Friction Products and to Hr. Joe Goodreau of Hidco, who purchases materials from Mr. Carreras. He has had no reply. Also, the Secretary indicated that he had no catalogs, listings or other information on Virginia Friction Products showing that they tvere usins the Institute 1s copyrights or trademarks. The members were asked that if anyone has lite~ature shm.ring Virginia Friction Products use of the Institute's copyrights or trademarks that they send such information to the Office. I Questions were asked as to what constituted infringement of the Institute's copyrights and trademarks. This subject was addressed by the Institute's copyright attorneys, Shenier & otconnor, in 1975. }!r. Gorman had not received a copy of this report from Shenier & O'Comnor, and the Secretary will send on a copy. Use of the Institute's catalogs. bulletins, or sheets therefrom is an obvious infringement. Use of the Institute's FHS! and FMS is a violation of the trademarks. Condensation is an infringement. The listing showed for Canparts is obvious infringment. ***** There being no other business brought to the attention of the Membership, upon motion duly made, seconded and unanimously passed: it was: RESOLVED~ To adjourn Adjourned at 9:50 A.H. E. H. Drislane Secretary FMSI 07264