Document DDDzz0jorD3aonKJQ5qdxpxZ5

MEMORANDUM PLAINTIFF'S EXHIBIT BIR-560 To : D. Kennedy DDaattee:: Sept. 19, 1991 Subj: Banning of asbestos containing products including roof coatings: Meeting with EPA officials on 9/19/91 Allen Griffin Ken O'Reilly John Hardy Bruce Guild Cliff Patenaude EPA EPA Bird Bird Bird Bird markets roof coatings and cements that contain asbestos in the finished product. We are required by law to meet Stage III effective dates. We do not have any products that fall into the Stage I and II categories. A copy of page 18 of the "Inspection for Complicance with Section 6 of the TSCA" is enclosed. Please note the requirements to retain records, labeling of all stock-on-hand, inventory of stock-on-hand, disposal of all remaining stock-on-hand, invoices of all commercial transactions, etc., as outlined on page 18. cc: J. Hardy B. Guild J. Porgit cp9/em BIRD 012214 o ) INSPECTION REPORT Inspection for Compliance with section 6 of the TSCA (40 CFR, Asbestos; Manufacture/ Importation/ Processing, and Distribution in commerce Prohibits) (name) (city) (state) (inspection date) Office of Pesticides & Toxic Substances Air Management Division Environmental Protection Agency Inspection Report prepared byDate Inspection Report reviewed byDate Attachments: 1. EPA Form 7740-3 (12-82) 2. EPA Form 7740-1 (12-82) 3.______________________________ 4.______________________________ .______________5.______________________________ 6 .7.______________________________ 8 .) ---------------------- :------------------- BIRD 012215 t^ This is a report of inspection for compliance with the requirements of 40 CFR Part 763, Subpart I - Prohibition of the Manufacture, Importation, Processing, and Distribution in Commerce of Certain Asbestos-Containing Products? Labeling Requirements. The Location reported on herein was selected under the Neutral Administration Scheme. ______________ The location reported on herein was selected under the For Cause Inspection Scheme, the cause being: Manufacture prohibitions Importation prohibitions Processing prohibitions Distribution in Commerce prohibitions Labeling prohibitions Recordkeeping requirements Disposal of remaining stock requirements Tips or Complaints (combined with) Other Regulatory Agency request ________________ ________________ ________________ ________________ ________________ ________________ _______________ ________________ ________________ Name and Address of Facility Telephone () Facility Representative Date of Inspection Inspector Opening Conference ..__ [___ Upon arrival at the Facility at A.M./P.M., the inspector explained the purpose and scope of the inspection and presented credentials to: The Notice of Inspection Form (EPA 7740-3) was presented and acknowledged by: 2 i ./ BIRD 012216 0 Facility Background (address, locations, no. of employees, etc.) Persons attending fname. title.--te3-ePfoone ..nwmbp.rJ. ) Summary of Findings \) i BIRD 012217 MANUFACTURE AND IMPORTATIONS PROHIBITIONS 763.165 paragraph (a) S T A G E I After August 27, 1990, no person shell manufacture () or import () the following asbestoscontaining products, either for use in the United States or for export: - A/C corrugated sheet - A/C flat sheet - asbestos clothing - flooring felt - vinyl/asbestos* floor tile - new uses of asbestos 1 ) 763.165 paragraph (b) S T A G E II After August 25, 1993, no person shall manufacture () or import () the following asbestos^ containing products, either for use in the United States or for export: - automatic transmission components - clutch facings - commercial and industrial asbestos friction products - sheet and beater-add gaskets (except specialty industrial gaskets). ________ i \ 4 BIRD 012218 763.165 paragraph (c) S T A G E II After August 25, 1993, no person shall manufacture () or import (), including as part of a motor vehicle, asbestos- containing disc brake pads for light-, medium-, and heavy-weight vehicles, and drum brake linings for the following uses in the United States or for export: - (1) As original equipment in 1994 or later model year motor vehicles, _______ or - (2) As aftermarket replacement parts in brake systems designed for use with non- asbestos replacement parts. _______ 763.165 paragraph (d) After August 25, 1993, no person shall manufacture () or import (), the following asbestoscontaining products, either for use in the United States or for export: - disc brake pads for use in light-, medium, and heavy-weight vehicles, _______ - drum brake linings manufactured, imported, or marketed for use as aftermarket replacement parts in brake systems designed for use with S asbestos-containing friction products T - A/C pipe A - A/C shingle G - brake blocks E - commercial paper - corrugated paper II - millboard - non-roofing coatings - rollboard . - roof coatings - specialty paper .) 5 BIRD 012219 ') 763.165 The import prohibitions of this subpart do not paragraph (e) prohibit: (1) The import into the customs territory of the United States of products imported solely for shipment outside the customs territory of the United States, unless further repackaging or processing of the product is performed in the United States: _______ (2) Activities involving purchases or acquisitions of small quantities of product made outside the customs territory of the United States for personal use in the United States ) M O>HM PROCESSING PROHIBITIONS 763.167 paragraph (a) After August 27, 1990, no person shall process for any use, either in the United States () or for export (), any.of the asbestos-containing products listed at 763.165(a) - A/C corrugated sheet - A/C flat sheet - asbestos clothing - flooring felt - vinyl/asbestos floor tile I - new uses for asbestos 6 \ i BIRD 012220 763.167 S T A G ii ). After August 25, 1993, no person shall process for paragraph (b) any use, either in the United States ( ) or for export ( ). anv of the Asbestos- containing products listed at 763.165(b) and (c) - automatic transmission comnonents - clutch facings - commercial and industrial asbestos friction products - sheet and beater add gaskets (except soecialtv industrial gaskets) - asbestos containing disc brake pads for light-, medium-, and. heavy-weight vehicles ( ) and drum brake linings ( ) for the following uses in the United States or for export: (1) As original equipment in 1994 or later model year motor vehicles. or (2) As aftermarket replacement parts in brake systems designed for use with non-asbestos replacement parts. 763.167 paragraph (c) After August 26, 1996, no person shall process for any use. either in the United States ( ) or for export f ), any of the asbestos-containing products listed at 763.165(d) - disc brake pads for use in light-, medium-, S and heaw-weight vehicles T - drum brake linings manufactured, imported, A or marketed for use as aftermarket G replacement parts in brake systems designed E for use with asbestos- containing friction products III ) - A/C pipe - A/C shingle - brake blocks - commercial paper - corrugated paper - millboard - non-roofing coatings - rollboard f 7 BIRD 012221 s T A G E III C o N T - roof coatings _ - specialty paper - A/C pipe - A/C shingle - brake blocks - commercial paper ____ - corrugated paper ____ - millboard - non-roofing coatings - rollboard - roof coatings ; - specialty paper ______ DISTRIBUTION IN COMMERCE PROHIBITIONS ) 763.169 paragraph (a) S T A G E I After August 25, 1992, no person shall distribute in commerce, either for use in the United states () or for export (), any of the asbestoscontaining products listed at 763.165(a) - A/C corrugated sheet - A/C flat sheet - asbestos clothing _____ flooring felt - pipeline wrap - roofing felt - vinyl/asbestos floor tile - new uses of asbestos ) 8 j i BIRD 012222 763.169 paragraph (b) S T A G E II After August 25, 1994, no person shall distribute in commerce, either for use in the United States ( ) or for export ( ), anv of the asbestoscontaining products listed at 5763.165(b) and (c) - automatic transmission components - clutch facings . - commercial and industrial asbestos friction products - sheet and beater-add gaskets (except specialty industrial gaskets). - asbestos- containing disc brake pads for light-, medium-, and heavy-weight vehicle and drum brake linings for the following uses in the United States or for export: (1) As original equipment in 1994 or later model year motor vehicles. or (2) As aftermarket replacement parts in ) brake systems designed for use with non- asbestos replacement parts. 763.169 paragraph (c) & After August 25, 1997, no person shall distribute in commerce, either for use in the United States ( ) or for export ( ), any of the asbestos- containing products listed at 5763.165(d) S T A G E III ) - disc brake pads for use in light-, medium-, and heavy-weight vehicles, - drum brake linings manufactured, imported or marketed for use as aftermarket replacement parts in brake systems designed for us with asbestos-containing friction products - A/C pipe - A/C shingle - brake blocks - commercial paper - corrugated paper - millboard - non-roofing coatings - rollboard - roof coatinqs - specialty paper 9 BIRD 012223 763.169 paragraph (d) A manufacturer (), importer (), processor (), or any other person () who is subject to a ban on distribution in commerce in 763.165(a),(b),(c) must within 6 months of the effective date of the ban of a specific asbestoscontaining product from distribution in commerce, dispose of all their remaining stock-on-hand of that product, by means that are in compliance with applicable local. State, and Federal restrictions which are current at that time. _______ 1 LABELING REQUIREMENTS 763.171 paragraph (A) s T A G E After August 27, 1990, manufacturers (), importers (),. and processors () of all asbestos-containing products that are identified in 763.165(a) shall label the products as specified in this paragraph at the time of manufacture <), import (), or processing (). This requirement includes labeling all manufacturers', importers', and processors' stock-on-hand as of August 27, 1990. _______ I 763.171 paragraph (b) S T A G E II After August 25, 1992, manufacturers (), importers (), and processors () of all asbestos-containing products that are identified in 763.165(b) and (c), and disc brake pads for use in light-, medium-, and heavy-weight vehicles and drum brake linings manufactured, imported, or marketed for use as aftermarket replacement parts in brake systems designed for use with asbestos-containing friction products shall label the product as specified in this paragraph at the time of manufacture, import, or processing. This requirement includes labeling all manufacturers * importers', and processors' stock- on-hand as of August 25, 1992. 10 ) BIRD 012224 M O h3 CO> 763.171 paragraph (c) III After August 25, 1995, manufacturers (), importers (), and processors () of all asbestos- containing products that are identified in 763.165(d), except disc brake pads for use in light-, medium-, and heavy-weight vehicles and drum brake linings manufactured, imported, or marketed for use as aftermarket replacement parts in brake systems designed for use with asbestos- containing friction products, shall label the product as specified in this paragraph at the time of manufacture, import or processing. This requirement includes labeling all manufacturers', importers', and processors' stock-on-hand as of August 25, 1995. _______ 763.171 paragraph (d) The label shall be places directly on the visible exterior of the wrappings and packaging in which the product is placed for sale, shipment, or storage. If the product has more than one layer of external wrapping or packaging, the label must be attached to the innermost layer adjacent to the product. If the innermost layer of product wrapping or packaging does not have a visible exterior surface larger than 5 square inches, either a tag meeting the requirements of [763.171(e)] must be securely attached to the product's innermost layer of product wrapping or packaging, or a label must be attached to the next outer layer of product packaging or wrapping. Any products that are distributed in commerce to someone other than the end user, shipped, or stored without packaging or wrapping must be labeled or tagged directly on a visible exterior surface of the product as described in [763.171(e)] _______ t ; 11 BIRD 012225 763.171 paragraph (e)(1) Labels must be either printed directly on product packaging or in the form of a sticker or tag made of plastic, paper, metal, or other durable substances. Labels must be attached in such a manner that they cannot be removed without defacing or destroying them. Product labels shall appear as in [763.171(e)(2)] and consist of block letters and numerals of color that contrasts with the background of the label or tag. Labels shall be sufficiently durable to equal or exceed the life, including storage and disposal, of the product packaging or wrapping* The size of the label or tag must be at least 15.25 cm (6 inches) on each side. If the product packaging is too. small to accommodate a label of this size, the label may be reduced in size proportionately to the size of the product packaging or wrapping down to a minimum 2.5 cm (1 inch) on each side if the product wrapping or packaging has a visible exterior surface larger than 5 square inches. 763.171 paragraph (e)(2) Products subject to this paragraph shall be labeled in English as follows: "Notice: This product contains ASBESTOS. The D.S. Environmental Protection Agency has banned the distribution in U.S. commerce of this product under section 6 of the Toxic substances Control Act (15 U.S.C.2605) as of (insert effective date of ban on distribution in commerce). Distribution of this produce in commerce after this date and intentionally removing or tampering with this label are violations of Federal Law." ii i 12 BIRD 012226 ) 763.171 paragraph (f) No one may intentionally remove, deface, cover, or otherwise obscure or tamper with a label or sticker that has been applied in compliance with this section, except when the product is used or disposed of. GENERAL EXEMPTIONS 763.171 paragraph (a) Persons who are subject to the prohibitions [of 763.165, 763.167, or 763.169] may file an application for an exemption. Persons whose exemption applications are approved by the Agency may manufacture, import, process or distribute in commerce the banned product as specified in the Agency's approval of the application. No applicant for an exemption may continue the banned activity that is the subject of an exemption application after the effective date of the ban unless the Agency has granted the exemption or the applicant receives an extension under [763.173(b)(8) or 763.173(9)]. 763.173 paragraph (b)(1) ) Application filing dates. (1) Applications for products affected by the prohibition under 763.165(a) and 763.167(a) may be submitted after August 25, 1989. Complete applications received after that date, but before November 27, 1989, will be either granted or denied by the Agency prior to the effective date of the ban for the product. Applications received after November 27, 1989, will be either granted or denied by EPA as soon as is feasible. 13 BIRD 012227 763.173 paragraph (b) (2) Applications for products affected by the ban under 763.169(a) may not be submitted prior to February 26, 1990. Complete applications received after that date, but before August 26, 1991, will be either granted or denied by the Agency prior to the effective date of the ban for the product. Applications received after August 26, 1991, will be either granted or denied by EPA as soon as is feasible. _____ 763.173 paragraph (b) (3) Applications for products affected by the ban under 763.165(b) or (c) and 763.167(b) or (c) may not be submitted prior to February 26, 1992. Complete applications received after that date, but before August 25, 1992, will be either granted or denied by the Agency prior to the effective date of the ban for the product. Applications received after August 25, 1992, will be either granted or denied by EPA as soon as is feasible. _______ 763 ..173 paragraph (b) (4) 763.173 paragraph (b) (5) Applications for products affected by the ban under 763.169(b) or (c) may not be submitted prior to February 26, 1993. Complete applications received after that date, but before August 25, 1993, will be either granted or denied by the Agency prior to the effective date of the ban for the product. Applications received after August 25, 1993, will be either granted or denied by EPA as soon as is feasible. _______ Applications for products affected by the ban under 763.165(d) and 763.167(d) may not be submitted prior to February 27, '19S5-r~ Complete applications received after that date, but before August 25, 1995, will be either granted or denied by the Agency prior to the effective date of the ban for the product. Applications received after August 25, 1995, will either be granted or denied by EPA as soon as is feasible. _______ ) 14 BIRD 012228 ') 763.173 paragraph (b) (6) Applications for products affected by the ban under 763.169(d) may not be submitted prior to February 26, 1996. Complete applications received after that date, but before August 26, 1996, will either be granted or denied by the Agency prior to the effective date of the ban for the product. Applications received after August 26, 1996, will be either granted or denied by EPA as soon as is feasible. _______ 763.173 paragraph (b) (7) ) The Agency will consider an application for an exemption from a ban under 763.169 for a product at the same time the applicant - submits an application for an exemption from a ban under 763.165 or 763.167 for that product. EPA will grant an exemption at that time from a ban under 763.169 if the Agency determines it appropriate to do- so. _______ 763.173 paragraph (b) (8) If the Agency denies an application less than 30 days before the effective date of a ban for a product, the applicant can continue the activity for 30 days after the receipt of the denial from the Agency. _______ 763:173 paragraph (b)(9) j If the Agency fails to meet the deadlines stated in 763.173(b)(1) through (6) of this section for granting or denying a complete application in instances in which the deadline is before the effective date of the ban to which the application applies, the applicant will be granted an extension of 1 year from the Agency's deadline date. _______ 15 BIRD 012229 RECORDKEEPING 763.178 paragraph (a) (1) Inventory. Each person who is subject to the prohibitions imposed by 763.165 and 763.167 must perform an inventory of the stock-on-hand of each banned product as of the effective date of the ban for that product for the applicable activity. _______ 763.178 paragraph (a) (2) The inventory shall be in writing and shall include the type of product, the number of product units currently in the stock-on-hand of the person performing the inventory, and the location of the stock. _______ 763.178 paragraph (a)(3) Results of the inventory for a banned product must be maintained by the person for 3 years after the effective date of the 763.165 or 763.167 ban -on the product. _______ 763.178 paragraph (b) (1) Records. Each person whose activities are subject to the bans imposed by 763.165, 763.167, and 763.169 for a product must, between the effective date of the 763.165 or 763.167 ban on the product and the 763.169 ban on the product, keep records of all commercial transactions regarding the product, including the dates of purchases and sales and the quantities purchased or sold. These records must be maintained for 3 years after the effective date of the 763.169 ban for the product. _______ 16 BIRD 012230 763.178 paragraph (b) (2) Each person who is subject to the requirements of 763.171 must, for each product required to be labeled, maintain a copy of the label used in compliance with 763.171. These records must be maintained for 3 years after the effective date of the ban on distribution in commerce for the product for which the 763.171 requirements apply. _______ .) )I 17 BIRD 012231 (circle dates applicable to report) ACTIVITY/REOUIREMEKTg Activity Staaa I Effective Dates Stage,!! Ban on Mfg.,Import, or Processing (whether for US use or for export) 08/27/90 08/25/93 Labeling all stockon-hand 08/27/90 08/25/92 Begin keeping records of all commercial transactions 08/27/90 08/25/93 Inventory stock-on-hand 08/27/90 08/25/93 Stacra ill 08/26/96 08/25/95 08/26/96 08/26/96 Ban on distribution in commerce (whether for US use or for export) 08/25/92 08/25/94 08/25/97 Disposal of all remain ing stock-on-hand 02/25/93 02/25/95 02/25/98 Maintain inventory records until 08/27/93 08/25/96 08/26/99 Maintain business & labeling records until 08/25/95 08/25/97 08/25/2000 FILING FOR EXEMPTIONS Manu facturing/importation/Processing -not before 08/25/89 02/26/92 02/27/95 -not after 11/27/89 02/26/92 02/27/95 Distribution in Commerce -not before 02/26/90 02/26/93 02/26/96 -not after 08/26/91 08/25/93 08/26/96 Note: EEA will consider applications submitted after filing date - to receive denial or granting before ban applications submitted after closing date to receive denial or granting when feasible. 18 BIRD 012232 STOCK OK HAND AMD LABELING VIOLATIONS STAGE I Labeled UNITS ON HAND YES OR NO Asbestos/Cement (A/c) Corrugated Sheet _ A/C Flat Sheet ___________________ Asbestos Clothing ___________________ Flooring Felt ___________________ Pipeline Wrap ___________________ Roofing Felt ___________________ _____________ Vinyl Asbestos Floor Tile ___________________ STAGE II Automatic Transmission Components ___________________ _____________ Clutch Facings ___________________ _____________ Commercial/Industrial Friction Products Sheet Gaskets ___________________ Beater-Add Gaskets ___________________ Disk Brake Pads (IMV) (OEM) _____________, _____________ Disk Brake Pads (HV) _ Drum Brake Linings (OEM) ___________________ STAGE III Disk Brake Pads (A/M) Drum Brake Linings (A/M) A/C Pipe A/C Shingle ___________________ ___________________ ___________________ _____________ ___________________ 19 STAGE III CON1T Brake Blocks Commercial Paper Corrugated Paper Millboard Non-Roofing Coatings Rollboard Roofing Coatings Specialty Paper Labeled UNITS ON HAND YES OR HO ./ 20 BIRD 012234 PRODUCTION VOLUME DOCUMENTATION AVERAGE PER DAI FACILITY PRODUCTION (INCLUDING UNITE! STAGE I Asbestos/Cement (A/C) Corrugated Sheet _________________________ A/C Flat Sheet ________________________ Asbestos Clothing . .. ___________ Flooring Felt ______________________ Pipeline Wrap ____________ ___________ Roofing Felt ______________________ Vinyl Asbestos Floor Tile _____________________________ STAGE II Automatic Transmission Components Clutch Facings Commercial/Industrial Friction Products Sheet Gaskets Beater-Add Gaskets Disk Brake Pads (LMV)(OEM) Disk Brake Pads (HV) Drum Brake Linings (OEM) __________________________ ___________________________ ______________________ ______________________ ____________________________ _____________________________ _____________________________ _____________________________ STAGE III Disk Brake Pads (A/M) Drum Brake Linings (A/M) _____________________________ _____________________________ 21 BIRD 012235 t 8TAGE III CONlT A/C Pipe A/C Shingle Brake Blocks Commercial Paper Corrugated Paper Millboard Non-Roofing Coatings Rollboard Roofing Coatings Specialty Paper 1 AVERAGE PER DAY FACILITY PRODUCTION (INCLUDING DKITS) _____________________________ _____________________________ _____________________________ _____________________________ ____________________________ ________________________ _____________________________ _____________________________ _____________________________ _____________________________ ) J 22 BIRD 012236