Document EmDaKgBDMLk6rE1qGpqRMKX4b

FILE NAME: Henry Company (HC) DATE: 2003 Sept 29 DOC#: HC005 DOCUMENT DESCRIPTION: Exhibit 13 - Letter from the EPA to Henry Company UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 SEP Z 9 203 OFFICE OF p n e vE ffriO N . f e s t ic io e s a n o TOXIC SUBSTAN CES Warner Henry, Chairman and CEO Henry Company 291 1 Slauson Avenue Huntington Park, CA 90255 Dear Mr Henry: I am writing to you concerning the language used in the Technical Data Sheets for a number of your asphaltic roofrng products. Ait example of this language is contained iri the "Description" section from the Technical Data Sheet for #208R SBS Rubber Modified Wet Patch Roof Cement which reads as follows. The outstanding handling properties and durability of this product come directly from its reinforcement with encapsulated chrysotile asbestos This mineral fiber, when encapsulated in asphaltic roofing products, is recognized as harmless by the US EPA, OSHA, and Consumer Product ---------- - - Safety- Gemmissionr We are formally requesting that you provide EPA with your basis for the statement that EPA recognizes this product as harmless To the best of my knowledge, the Agency experts on asbestos in the Office o f Pollution Prevention and Toxics have never made such a statement, and the Agency has not taken a position that a product such as that referenced in the Technical Data Sheet identified above is harmless. 1 would appreciate a response from you in writing, within 14 days, identifying the basis for your statement that EPA considers your asphaltic roofing products to be harmless. If you can not supply any definitive basis for the statement, the Agency expects that you will immediately remove from your Technical Data Sheets (and any other documents you may produce) any suggestion that EPA considers your asphaltic roofing products to be harmless, and would appreciate receiving confirmation that the statements have been removed - 2- I look forward to hearing from you within the next 14 days. Nothing in this tetter should be construed as a waiver of EPA's right to refer any issue addressed herein to any appropriate state or federal authority, if you have any questions or comments, you may contact Torn Simons o f my staffai 202-566-0517. cc: Robert Perl is, Office of General Counsel Sincerely, "Ai] eJu Maria J. Doa, Ph D Acting Etirector National Program Chemicals Division ite brachi; n ooooi